HomeMy WebLinkAbout20080045.tiff HEARING CERTIFICATION
DOCKET NO. 2008-02
RE: SHOW CAUSE HEARING CONCERNING SECOND AMENDED USE BY SPECIAL
REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY
(COMMERCIAL JUNKYARD AND SALVAGE YARD INCLUDING TIRE LANDFILL,
STORAGE AND RECYCLING FACILITY)AND A MOBILE HOME FOR HOUSING IN THE
1-3 (INDUSTRIAL)ZONE DISTRICT, AND THIRD AMENDED USE BY SPECIAL REVIEW
PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (COMMERCIAL
JUNKYARD AND SALVAGE YARD, INCLUDING A TIRE LANDFILL, STORAGE,
SHREDDING,AND RECYCLING FACILITY),MANUFACTURING/PROCESSING FACILITY
(CRYOGENIC PROCESSING/CRUMB RUBBER),AND A MOBILE HOME FOR HOUSING
IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT- TIRE RECYCLING, INC.
A public hearing was conducted on January 9, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Deb Blandin
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated December 20, 2007, and duly published
December 26, 2007, in the Fort Lupton Press, a public hearing was conducted to consider
revocation of Second Amended Use by Special Review Permit#842 for a Solid Waste Disposal
Site and Facility(commercial junkyard and salvage yard including tire landfill,storage and recycling
facility)and a Mobile Home for Housing in the 1-3(Industrial)Zone District, and Third Amended Use
by Special Review Permit#842 for a Solid Waste Disposal Site and Facility(commercial junkyard
and salvage yard, including a tire landfill, storage, shredding, and recycling facility),
Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile Home for
housing in the 1-3 (Industrial) Zone District, issued to Tire Recycling, Inc. Bruce Barker, County
Attorney, made this a matter of record.
Jacqueline Hatch, Department of Planning Services, stated the purpose of the Show Cause
hearing is to determine whether the applicant is in compliance with the Development Standards and
Conditions of Approval for Second Amended Use by Special Review(USR)#842, approved by the
Board on October 22, 2003, and Third Amended USR #842, approved by the Board on
September 27, 2006. Ms. Hatch reiterated the uses allowed through USR permits, and stated the
site is located west of County Road 41, and north of County Road 26. She stated the site is
approximately 120 acres in size, consisting of four parcels, and she read the legal description of
2008-0045
PL0456//
/ic- : l9L, ,Pw/ k(ost.
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR #842 AND 3RDAMUSR#842)
PAGE 2
the property into the record. She further stated staff completed an inspection of the property on
December 14, 2007, and again on January 7, 2008, and it has been determined that the site is not
in compliance with the Development Standards and Conditions of Approval, as listed in the notice,
marked Exhibit A. Ms. Hatch reviewed each Development Standard of Second Amended
USR#842, of which the applicant has not maintained compliance with, and at the request of Chair
Jerke,she summarized the Conditions of Approval and Development Standards of Third Amended
USR#842,of which the applicant has not maintained compliance with. She explained the applicant
has not provided a Landscape/Screening Plan, a Property Maintenance Plan, or a Lighting Plan;
has not provided evidence that the requirements and concerns of the Platteville/Gilcrest Fire
Protection District, the Weld County Sheriffs Office, and the Department of Building Inspection
have been adequately addressed; the proposed improvements to the site have not been
completed, nor has the applicant entered into an Improvements Agreement, as required; the
applicant has not provided a Design and Operations Plan, Air Emissions Permit, or Fugitive
Particulate Emissions Control Plan, as required by the Department of Public Health and
Environment; and the applicant has not provided the required notes on the plat for Third Amended
USR#842, and clarified the plat has not yet been recorded. Responding to Chair Jerke, Ms. Hatch
confirmed the applicant has not provided evidence of completion of any of the Conditions of
Approval listed in the notice for Third Amended USR#842. She further clarified the applicant has
not come into compliance with the Development Standards for Third Amended USR#842, as listed
in the notice, which are identical to the Development Standards reviewed for Second Amended
USR #842, regarding the specifications for the tire cells, and fire lane requirements.
Ms. Hatch displayed photographs taken during the site visit on December 14, 2007, and clarified
Russell Kissler of the Platteville/Gilcrest Fire Protection District is depicted in the photos, and he
is six feet, two inches tall. She stated Mr. Kissler provided a letter, marked Exhibit B, which
indicated the applicant is in not in compliance with the Fire Safety Control Plan at the facility, and
requested that the applicant clear the fire lanes, correct the height of the tire cells so that they do
not exceed five feet in height, and provide five-foot level markers at the sides and center point of
each cell. Ms. Hatch indicated staff visited the site again on January 7, 2008, at which time it was
obvious that the applicant had completed some of the required work. She indicated approximately
95 percent of the fire lanes had been cleared, and approximately 25 percent of the tire cells met
the height requirement; however, approximately 75 percent of the tire cells contained pile heights
in excess of the requirement. She stated the Department of Planning Services recommends the
permits for Second and Third Amended USR #842 be revoked, and that the Board revoke the
Certificate of Designation, which was approved on October 3, 1990. She further stated at a
minimum, staff requests the Board issue a temporary suspension of the permit, until the site is
brought into full compliance. In response to Commissioner Garcia, Ms. Hatch reiterated the
applicant has not addressed any of the Conditions of Approval for Third Amended USR#842, as
listed in the notice; however, the main concern of staff during the site visits was the height of the
piles and the need to keep the fire lanes clear. She indicated the applicant has made progress in
clearing the fire lanes, and confirmed a large percentage of the fire lanes are clear; however, the
height within the tire cells is still excessive.
Deb Blandin, Department of Public Health and Environment, indicated the Department began
notifying the company of the non-compliance issues in the first quarter of 2007, and she stated she
2008-0045
PL0456
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR #842 AND 3RDAMUSR #842)
PAGE 3
has been completing the quarterly inspections at the facility since Summer, 2007. She stated the
facility has made small amounts of progress over the past year; however, the bulk of the progress
has only been completed within the past two weeks. She indicated tires were being actively moved
during the site visit on January 7, 2008. She concurred that approximately 25 percent of the tire
cells are now in compliance with the height requirements; however, none of the cells meet the
requirements for the steel posts which indicate height. She clarified the posts are missing,
covered, or bent over to the point in which they cannot be utilized. Ms. Blandin indicated the
applicant has met the requirement for an evaluation of the septic system, and clarified a new partial
septic system was installed in 2006, in order to meet the requirements for the permit for Third
Amended USR #842; however, she is not aware of any other requirements which have been
addressed at this time. Responding to Commissioner Masden, Ms. Blandin stated the facility is
required to obtain the appropriate Air Emissions Permits from the Colorado Department of Public
Health and Environment, and evidence of these permits must be submitted to the Weld County
Department of Public Health and Environment; however, no correspondence has been received
from the applicant.
Don Carroll, Department of Public Works, stated he is familiar with the facility; however,the current
issues at the facility do not directly involve the Department of Public Works. He stated the facility
is located south of the Town of LaSalle, and east of the Town of Platteville, and indicated County
Road 41 is classified as a collector status road. He further stated the facility contains an existing
access,adequate parking near the office building,and adequate stormwater drainage. In response
to Chair Jerke, Mr. Carroll indicated the only outstanding item for the Department is the necessary
revisions to the plat. Responding to Chair Jerke, Mr. Barker indicated a representative from the
Colorado Department of Public Health and Environment is present to provide testimony.
Charles Johnson, Colorado Department of Public Health and Environment(CDPHE), stated he is
the administrator of the group partnering with County staff to provide oversight of the Tire
Recycling, Inc., facility. He stated the CDPHE concurs with the presentation of County staff
regarding the condition of the facility; however, he cannot speak to the Use by Special Review
permit criteria, as the State does not have authority over the Conditions of Approval and
Development Standards required by the Board. He stated the main issue for the CDPHE at the
facility is fire safety, especially since a historical fire has previously erupted at this site, and staff
is working with the applicant to provide the safest configuration. He stated he is pleased to learn
of the significant effort by the applicant to clear the fire lanes, and fire equipment may now access
the site in a reasonable manner. Mr. Johnson stated he concurs with the recommendation of
ordering a temporary cessation of activity at the facility, in order to allow the applicant to come into
compliance. He explained the facility contains a Certificate of Designation, which requires the
facility to post financial assurance for closure of the facility and post-closure care and monitoring.
He stated the applicant is not required to provide financial assurance if the authority to operate as
a designated solid waste facility does not exist. He further stated issuing a Cease and Desist Order
is preferable, as the Certificate of Designation could remain intact, allowing time for the applicant
to come into compliance with the Design and Operation criteria, and address the concerns of the
Department of Planning Services. He clarified the Certificate of Designation is a valuable
commodity for this type of facility, and he understands the facility is currently in bankruptcy
proceedings and seeking partners in order to exit bankruptcy. Mr. Johnson explained the State
2008-0045
PL0456
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR#842 AND 3RDAMUSR#842)
PAGE 4
may order the closure of the facility, if deemed necessary, and may utilize the financial assurance
to cause the closure of the facility to be enacted. He stated if the Certificate of Designation is
removed,the State loses the ability to access the financial assurance. He recommended the Board
order the facility to cease and desist, in order to come into compliance and restructure the
business, and if necessary in the future, the State may move forward with the potential closure of
the facility, utilizing the necessary funding.
Dwain Immel, President, Tire Recycling, Inc., represented the applicant and admitted that minor
items do need to be corrected at the facility; however, 95 percent of the fire lanes are now in
compliance. He clarified there are several large tires located in the lanes to guide traffic on the site
to dispose of tires within a specific tire cell. He concurred that the height of the tire cells is depicted
above five feet tall within the photographs presented; however, the priority of his staff has been to
ensure the fire lanes are accessible, therefore, the removed tires from the fires lanes have been
quickly tossed into the middle of the tire cells. He clarified the sides of the tire cells are often
cleared,with the tires pushed to the middle of the cells, therefore, the overall average of the height
of the tire cells is at a five-foot level. He stated he understands the tire cells are not technically in
compliance; however, the facility does comply with the conditions from a safety perspective, and
staff will continue to reduce the height of the tire cells. Mr. Immel indicated the fire danger on the
site has been reduced significantly this winter due to the level of snow on the ground, and his
primary objective will now be to bring the height of the tire cells into compliance within the next few
weeks. He reiterated his first priority was to ensure that all fire lanes were accessible, and he
believes the facility is in substantial compliance with the required criteria, therefore, he takes
exception to some of the comments provided by County staff.
Mr. Immel indicated the second amended permit allows for the current activities taking place at the
facility, and the third amended permit allows for the cryogenic recycling activities to convert tires
into crumb rubber, along with a warehouse facility to house the operation. He explained the
cryogenic equipment was initially installed; however, it has been removed. He stated the facility
plans to move forward with the crumb rubber operation; however, it will be a different type of
operation, therefore, the Conditions of Approval for the Third Amended USR#842 permit are not
useful until the crumb rubber plant begins operation. He indicated a vast majority of the required
conditions have been completed, and have either been submitted to the Department of Planning
Services, or will be submitted once the updated plats are recorded. He stated the Planning
Commission previously agreed that the fencing on the site shall be allowed to remain as it is, and
that additional screening is not required. He further stated the septic system has been upgraded
for the anticipated additional employee load; however, the employees have not yet been hired. He
stated the lighting upgrades have been completed, and any additional lighting needs will be
addressed when the new equipment is installed within the warehouse. Mr. Immel clarified the
facility is currently operated only as a tire collection and storage facility, as it has been operated
in the past, and the plan is to convert the facility into a tire recycling facility. He stated the company
is currently in the process of completing a long-term contract to sell shredded tire pieces which are
later converted into an alternative fuel, and the contract is expected to be finalized within the next
30 days, therefore, the tire shredding work will begin in approximately 30 to 45 days. He stated
once the shredding operations begin, the tire inventory at the facility will be reduced by
approximately 500,000 tires beginning in the second quarter of 2008. He explained the contract
2008-0045
PL0456
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR#842 AND 3RDAMUSR#842)
PAGE 5
calls for the delivery of 60,000 tons of tire chips over the next five years, which will require
100 percent of the current tires stored at the facility to be shredded,as well as the current inventory
at another facility located in southern Colorado. Mr. Immel reiterated he does not wish to vacate
the third amended permit since the facility will eventually convert the necessary equipment to
create an ambient crumb rubber product for use in the artificial turf and rubber asphalt paving
industries. He clarified the facility does not need to apply for an amended Air Emissions Permit,
since there are no fugitive emissions associated with the ambient crumb rubber process. He stated
the air quality permit was submitted to the State, and the State indicated there are no additional
requirements for air quality at the facility since there will be no diesel discharge from the future
equipment.
In response to Chair Jerke, Mr. Barker indicated part of the business operations approved through
the third amended permit are presently on hold, therefore, the facility is operating under the terms
of the second amended permit, and Mr. Immel concurred. Mr. Barker stated the Development
Standards of Second Amended USR #842 referenced by staff are identical to the referenced
Development Standards of Third Amended USR#842,and are applicable to the current operations
at the facility. He further stated the Conditions of Approval for the third amended permit relate to
the operation for recycling crumb rubber, and the operation is currently on hold. Mr. Immel stated
it is possible to vacate the third amended permit; however, he does not intend to request vacation
since most of the uses described for the permit will be utilized through the ambient crumb rubber
operation. He stated he intends to prove that the facility is in substantial compliance,and when the
joint venture partner becomes associated with the facility, the operations at the site will not have
to be delayed while waiting for a permit amendment to be approved. Chair Jerke indicated he
would like Mr. Immel to provide his response regarding the referenced Development Standards of
Second Amended USR#842.
Mr. Immel stated Development Standard #3 references the construction of the individual storage
cells, and he indicated all of the cells on the site have been constructed in compliance with the
requirements. He clarified the pits were dug to a depth above the water table level, and there is
no intrusion of groundwater in the pits. In response to Chair Jerke, Ms. Blandin indicated the
applicant did not allow staff to observe the construction of the most recent cell, and a ten-foot-deep
hole was not left open for inspection, as required by Development Standard #3.a, therefore, staff
is unaware of the groundwater condition of the cell. Further responding to Chair Jerke, Ms. Blandin
stated she cannot confirm there is a minimum of two feet of separation as the cell has already been
loaded with tires. She further stated an engineer may verify the soil condition prior to construction
of the cell. In response to Chair Jerke, Mr. Immel stated it has been documented in geological and
State water records that the depth of the shallow water acquifer at the site is approximately 25 to
30 feet deep. Chair Jerke expressed his concerns and stated the Board needs to determine the
process that the hearing today needs to follow. Mr. Barker indicated the most relevant concerns
are the six Development Standards of Second Amended USR#842,which are listed in the notice,
and stated it appears there has been progress at the facility, especially regarding the clearing of
the fire lanes. He stated Mr. Immel has acknowledged he understands that the Board would like
to see improvement at the facility to a point where the facility is in compliance with the listed
Development Standards. He further stated if Mr. Immel makes an acknowledgment that he will
continue to improve on the Development Standards, the Board must consider his testimony.
2008-0045
PL0456
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR#842 AND 3RDAMUSR#842)
PAGE 6
Mr. Barker stated the notice only concerned the revocation of the USR permits, not the Certificate
of Designation, therefore, the Board may only decide to revoke or suspend the USR permits,
pursuant to Section 23-2-270, of the Weld County Code. He stated the issuance of a suspension
serves as a punishment,which indicates the Board expects the facility to come into full compliance.
He further stated the facility also has the option to agree to a civil penalty fee in lieu of suspension,
and the amount must be agreed upon for a per-day basis, or, the Board may continue the hearing
to allow the facility additional time to come into compliance. Chair Jerke expressed his appreciation
to Mr. Barker for his clarification and he requested Mr. Immel address the action he will take to
ensure the facility comes into compliance with the referenced Development Standards of Second
Amended USR#842.
Mr. Immel indicated he was not aware that any agency needed to be notified concerning the
construction of the tire cells; however, he will notify County staff before the next cell is constructed.
Chair Jerke stated in order to meet the requirements for the most recently constructed cell, an
engineer may need to be utilized to confirm the water table depth, and Mr. Immel indicated his
concurrence. Mr. Immel stated 95 percent of the fire lanes are in compliance, the remaining work
to be done will be completed before the end of the week, and the lanes will be maintained to remain
free of tire debris. He explained additional visual effects will be utilized to divert traffic on the site
in order to ensure disposal of the tires in the correct location. He stated the tires located within the
tire cells will be dispersed so that the height of the tires does not exceed five feet in height, and he
confirmed a majority of the cells may be brought into compliance by the end of January.
Commissioner Long clarified the height of tires across the entire cell shall not exceed five feet in
height, and Mr. Immel indicated he understands the height of tires within the cells is not a five-foot
average. Mr. Immel indicated the required steel posts are located at each of the tire cells; however,
some of the posts may have been knocked over, therefore, staff will replace the necessary posts.
He stated the facility is currently complying with the requirement to place tires into the tire cells
immediately upon receipt, and he believes the facility is in compliance with the Fire Safety
Evaluation and Fire Control Plan, as well as with all other regulations of applicable agencies. In
response to Chair Jerke, Mr. Immel indicated the facility currently has adequate capacity to store
tires in the immediate future, and when the tire shredding operations begin in the month of March,
the current supply will be reduced by 500,000 tires per month, or approximately one full cell per
month. He clarified the shredded product will be shipped off site, creating a substantial volume
reduction at the site, therefore, no new cells will need to be constructed at the site. He stated the
proposed contract calls for approximately 6 million tires per year, therefore every tire currently on
the site will be shredded and shipped from the facility within three years.
In response to Chair Jerke, Mr. Immel indicated the Third Amended plat has not yet been recorded
due to the suspension of the cryogenic crumb rubber plant operation and the ambient crumb rubber
operation not yet being finalized. He stated the requirements to be completed in order to record
the plat will be completed at the end of the first quarter of 2008. He indicated the use of the
property is not being changed, therefore, the current existing Property Maintenance Plan will
continue to be utilized. He stated the requirement of a Lighting Plan is not applicable, since the
current lighting at the site is sufficient; however, if the need for additional lighting arises, the plat
will be amended to indicate the required changes. He further stated the facility has addressed the
concerns of the Platteville/Gilcrest Fire Protection District, and with the elimination of the liquid
2008-0045
PL0456
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR#842 AND 3RDAMUSR#842)
PAGE 7
nitrogen uses, there will not be any hazardous materials kept on the site. He indicated a
representative from the Sheriff's Office has visited the site, and he understands there is no further
follow-up required. Commissioner Long explained to Mr. Immel that most of the Conditions of
Approval he is reviewing require that written evidence be submitted to the Department of Planning
Services, and staff may not know these Conditions have been satisfied since evidence has not
been submitted. In response to Commissioner Long, Mr. Immel stated he believes the proper
evidence has been submitted, and he has copies of the required letters, therefore, he will resubmit
the evidence to the Department of Planning Services. He clarified he does not accept the
statements provided by staff, stating that the facility is out of compliance, since many of the
Conditions of Approval are not even applicable to the current operation. He further clarified he
understands when the ambient crumb rubber operation begins, he will need to complete all of the
required Conditions of Approval and Development Standards. Mr. Barker stated Mr. Immel has
indicated he intends to complete the Conditions of Approval from Third Amended USR#842 at the
appropriate time, and he explained many of the conditions were also required through Second
Amended USR#842, therefore, the applicant is in compliance with many of the conditions since
they were completed through the previous permit. He recommended that the Board focus on the
Development Standards of which the applicant needs to come into compliance with. Chair Jerke
stated the applicant shall be allowed the opportunity to respond to all of the testimony provided by
staff.
Mr. Immel stated the building and electrical permits for the construction of the warehouse building
have been completed, and the letter of approval from the Department of Building Inspection has
been submitted to the Department of Planning Services. He stated the initial Landscape Plan was
modified at the Planning Commission hearing to allow the continuation of the current landscaping
and fencing, therefore, no changes to the Plan are required. He further stated a copy of the Design
and Operations Plan was submitted to the Department of Public Health and Environment; however,
a copy was not submitted to the Department of Planning Services, as he was waiting for the
determination of any necessary changes. In response to Chair Jerke, Ms. Blandin indicated the
Department of Public Health and Environment does not have a copy of the Design and Operations
Plan. Mr. Immel stated the necessary evidence that the warehouse building was constructed in
accordance with the approved design was provided through the necessary building permits and
inspections which have been completed; however, he will make sure the Department of Planning
Services receives copies of the inspections and permit applications. Chair Jerke summarized that
conditions regarding the air emissions on the site are not relevant to today's hearing, and
Mr. Immel indicated the condition regarding the wastewater on the site is also not applicable, since
no wastewater is generated at the facility. In response to Chair Jerke, Mr. Immel reiterated the
septic system has been upgraded, and an engineer's report indicates the system is in compliance
with the sewage capacity to serve up to 24 employees. Responding to Chair Jerke, Ms. Blandin
indicated a copy of the final permit has been submitted to the Department of Public Health and
Environment. Mr. Immel confirmed the requirements regarding the filing of the updated plat will
be addressed once all the necessary changes for the ambient crumb rubber operation are
completed and the operation begins. Chair Jerke asked Mr. Immel if he felt satisfied that his
concerns regarding the compliance of the facility had been fully discussed, and in response,
Mr. Immel indicated the statement that the facility is out of compliance with the financial assurance
required is not correct. He explained the facility is in compliance, and has filed a bond with the
2008-0045
PL0456
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR#842 AND 3RDAMUSR#842)
PAGE 8
CDPHE. Ms. Blandin indicated the facility is currently in compliance with the financial assurance
requirements; however, there have been periods of non-compliance during the previous year.
Chair Jerke requested that a representative of the CDPHE address the situation of the financial
assurance requirements.
David Banas, Colorado Attorney General's Office, stated he represents the CDPHE and explained
the financial assurance is current at the facility; however, it took approximately eight months of
litigation to bring the facility back into compliance with the financial assurance. In response to
Chair Jerke, Mr. Banas stated the facility must make a monthly payment to ensure the bond
remains active. Mr. Immel explained the surety bond requires a monthly premium, and although
the Chapter 11 Bankruptcy proceedings are ongoing for the company, the surety bond payment
is an approved monthly expenditure, along with employee salaries. Responding to Chair Jerke,
Mr. Banas indicated the company was not previously paying the monthly premium for the surety
bond, which led to the litigation proceedings.
Anthony Losino,General Manager,Tire Recycling, Inc.,clarified the company did struggle to make
some of the premium payments due to the financial situation; however, the litigation was not the
driving force for the payment of the premium to be rectified.
Mr. Immel indicated he was not aware that revocation of the permit was going to be considered
until he attended the hearing this morning. He stated if the Board approves a suspension of the
permit, it will negatively impact the finances of the facility, as well as jeopardize many of the retail
tire customers which utilize the facility. He further stated many of the customers do not have
another low-cost option for tire disposal, therefore, the entire community will be subject to an
adverse impact. Chair Jerke clarified that a Probable Cause hearing has already been held, and
the notice provided to Mr. Immel indicated this hearing would consider the revocation of the USR
permits. He stated Mr. Immel should have sought legal counsel regarding the seriousness of the
matter, as he has sought counsel for the bankruptcy proceedings.
No public testimony was provided regarding the matter.
Mr. Immel indicated he will make every effort to come into full compliance as soon as possible, and
the facility will simultaneously begin the recycling facility operations in order to significantly reduce
the fire hazards at the facility. He respectfully requested that the Board be lenient to allow the
facility to come into full compliance while continuing operations at the facility. He indicated he is
willing to provide a weekly report to staff regarding the progress of the facility.
Chair Jerke stated he understands that Tire Recycling, Inc., does provide a valuable service to the
community, and it does need to continue to take place. He clarified the facility provides an
important public service, and if the facility is closed, a large amount of tires will still need to be
recycled, therefore, revocation of the permits will not solve the compliance issues. He challenged
the other Board members to come up with a good solution which will afford the company an
opportunity for success while mitigating the concerns at the facility. Mr. Barker indicated an
audience member has requested to provide public testimony, and in response, Chair Jerke
re-opened the public testimony portion of the hearing.
2008-0045
PL0456
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR#842 AND 3RDAMUSR#842)
PAGE 9
John Hochmiller, surrounding property owner, stated he owns 40 acres directly adjacent to the
facility. He stated if the facility is required to cease operations, it will create an abundance of illegal
tire dumping throughout the County. He further stated the facility needs to remain open to collect
junk tires. There being no further comments, the Chair closed the public input portion of the
hearing.
Mr. Barker read Section 23-2-270 of the Weld County Code into the record, and reiterated the
actions the Board may take at the hearing today. He stated he believes Mr. Immel is making a
good faith effort to come into compliance, and he recommended the facility be required to come
into complete compliance with the Development Standards of Second Amended USR #842, as
listed in the notice. He suggested the Board delay suspension or revocation action by issuing a
continuance of the matter for a period of 30 days, in order to allow the facility to complete the
necessary work,with the understanding that the Board expects to be presented with evidence that
all issues of compliance have been resolved, or the permits will be revoked or suspended after 30
days. In response to Chair Jerke, Mr. Barker further requested the company provide written
evidence for all of the Conditions of Approval of Third Amended USR#842 previously discussed.
Commissioner Masden suggested a continuance of the matter for 30 days, in order for Mr. Immel
to provide evidence of satisfactory completion of the requirements. He stated any items of
non-compliance shall be discussed at the continued hearing in 30 days; however, if staff gives
testimony that the facility is in full compliance, the matter may be dismissed at that time.
Commissioner Rademacher concurred with Commissioner Masden; however, he stated he does
not believe 30 days will be sufficient time. He stated he understands that a suspension will create
a financial hardship for the facility.
Commissioner Long indicated he supports a continuance of the matter; however, due to the winter
weather, it may be difficult for staff at the facility to complete some of the necessary work,
therefore, he recommended a continuance of 60 days. He stated he understands that some of the
requirements have been completed, and the continuance of 60 days will allow time for Mr. Immel
to provide the required evidence. Commissioner Garcia concurred with Commissioner Long, and
indicated it will be difficult for the facility to replace the necessary posts within the frozen ground.
Chair Jerke indicated he supports a suspension of activity at the facility as the problems have been
accumulating for a number of years. He stated the Probable Cause hearing was held in
September, 2007, and little improvement was made at the facility until the past two weeks. He
recommended a suspension for a short period of time, to force the applicant to come into
compliance; however, he indicated he will support whatever action is determined by a majority of
the Board. He indicated Mr. Immel is now aware that this is a very serious matter, and the
business could potentially be lost. Mr. Barker stated the Board could order a suspension for a
specific amount of time, and hold the suspension in abeyance until the 60-day continuance period
is completed, at which time if the facility is in full compliance, the suspension will be cancelled.
Commissioner Long he would rather hear extenuating circumstances from the applicant at the end
of the 60-day period than to issue an immediate suspension. He further stated if the applicant does
2008-0045
PL0456
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR #842 AND 3RDAMUSR#842)
PAGE 10
not provide a good cause reason for not completing the requirements, he will be in favor of a strong
suspension. Chair Jerke indicated the Board has already allowed the applicant to provide good
cause of why the facility is not in compliance. Commissioner Masden indicated he concurs with
a continuance of the matter for a period of 60 days, and the idea of a suspension does not appeal
to him. He clarified he will be in favor of revocation if the facility is not brought into full compliance
within the 60-day continuance period, and Commissioner Rademacher concurred with
Commissioner Masden.
Commissioner Long moved that the Show Cause Hearing concerning revocation of Second and
Third Amended Use by Special Review Permits#842, issued to Tire Recycling, Inc., be continued
for a period of 60 days, in order to allow time for the applicant to come into compliance with
Development Standards #3, #4, #5, #7, #8, and #23 of Second Amended USR #842, with the
understanding that prior to recording the plat for Third Amended USR #842, the applicant shall
submit the necessary evidence required through Conditions of Approval#1.A through #1.O to the
Department of Planning Services within 60 days. Mr. Barker indicated the necessary motion shall
be based upon the finding that the applicant is in partial compliance; however,total compliance with
the Development Standards does not exist. Mr. Barker further indicated the motion shall indicate
that the Board has found that the applicant is not within substantial compliance with Development
Standards#3, #4, #5, #7, #8, and #23 of Second Amended USR#842, and as a result, the Show
Cause hearing will be continued for a period of 60 days, in order for the applicant to come into full
compliance with the terms of the Development Standards, as well as to provide evidence of
compliance to the appropriate Departments. He further stated at the end of the 60-day period,
upon review by the Board, if the necessary evidence of compliance is not presented, the Board will
consider suspension or revocation of the permits at that time. Commissioner Long amended his
motion to include the intent, as described by Mr. Barker. Commissioner Rademacher seconded
the motion. Chair Jerke stated Mr. Immel has indicated that the recycling portion of the business
described within the permit for Third Amended USR#842 is not currently being utilized, due to a
financial situation; however, the Board should not require the facility to comply with the
requirements which relate to the business that he is not currently operating. Commissioner Long
concurred that is the intention of his motion. Mr. Barker clarified at some point in the future the
additional recycling portion of the business needs to commence, or Mr. Immel will need to vacate
the permit for Third Amended USR #842. Commissioner Long indicated he would like for
Mr. Immel to provide written evidence as to why the recycling portion of the business has not yet
begun. Upon conferring with Ms. VanEgdom, Commissioner Long amended his motion to include
a continuance of the matter to March 12, 2008, at 10:00 a.m, instead of the originally described
period of 60 days, and Commissioner Rademacher seconded the amendment. There being no
further discussion, the motion carried unanimously.
Chair Jerke indicated to Mr. Immel that he is expected to be diligent in working with the appropriate
staff to ensure a good outcome at the hearing date of March 12, 2008. There being no further
discussion, the hearing was completed at 11:40 a.m.
2008-0045
PL0456
HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC.
(2NDAMUSR #842 AND 3RDAMUSR#842)
PAGE 11
This Certification was approved on the 14th day of January, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
� 1 &La WELD COUNTY, COLORADO
" ��ATTEST: g pf C�^ 4���l1-1741 liam H. Jerke, Chair
Weld County Clerk to the B r ,
�� p� �J� i 11° .. oo't?eert D. en, Pro-Tem
BY: _ ,jaft _ `i/,' t
De•u, Cler to the Board (�
WjQJ
F. Garcia
( 0C-, /
David E. Long
ougla Rademac er
2008-0045
PL0456
Hello