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RESOLUTION
RE: ACTION OF THE BOARD CONCERNING PROBABLE SHOW CAUSE HEARING
FOR WELD COUNTY DISPOSAL, INC . - SPECIAL USE PERMIT NO . 454
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Department of Planning Services has submitted
a request to the Board of County Commissioners that the Board
consider scheduling a Show Cause Hearing for Weld County Disposal,
Inc. to determine whether the owner/operator is in compliance
with the Development Standards of Special Use Permit No. 454 ,
and to consider revocation of said permit, and
WHEREAS , the Department of Planning Services and Department
of Health have presented certain facts which indicate that Weld
County Disposal , Inc. is in violation of certain Development
Standards of Special Use Permit No. 454 , and
WHEREAS , the property on which the violations are said to
be occurring is described as Part of the NWgNWa, Section 12 ,
Township 1 North, Range 66 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS , the Board, after hearing testimony from the Depart-
mentsof Planning and Health and testimony from representatives of
Weld County Disposal, Inc. , finds that there is sufficient pro-
bable cause to schedule a hearing to Show Cause as to whether
or not Special Use Permit No. 454 , held by Weld County Disposal,
Inc. , should be revoked for failure to comply with the Develop-
ment Standards , and
WHEREAS, the Board shall hear evidence and testimony from
all interested parties at said Show Cause Hearing.
NOW, THEREFORE , BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that a Show Cause Hearing
be scheduled to determine whether or not Special Use Permit No.
454 , held by Weld County Disposal , Inc. , should be revoked for
failure to comply with Development Standards .
BE IT FURTHER RESOLVED that the issues to be considered
by the Board are as follows :
1 . Whether or not there has been extensive surface
spillage of brine water and oil around the receiving
pit and oil around the ponds in violation of Develop-
ment Standard Number 4 as well as in violation of the
Solid Waste Act, 30-20-113 and the Water Quality
Control Act, 25-8-501 .
LHR 1010 840672
PLOUy7
Page 2
RE: PROBABLE SHOW CAUSE HEARING - WELD COUNTY DISPOSAL , INC .
2 . Whether or not there are only five operational monitor
wells at the site, which would be a violation of De-
velopment Standard Number 10 .
3 . Whether or not the monitoring devices for pond water
level are easily accessible and easily visible, as
addressed in Development Standard Number 11 .
4 . Whether or not the following violations , as alleged by
staff, are occurring with reference to the letter dated
July 23 , 1983 , which was an agreement of conditions
and standards for operation signed by Mr. Guy Harvey,
Owner and President of Weld County Disposal, inc . , and
accepted by Dr. Ralph Wooley, M.D. , Director, Weld
County Health Department.
-a. Improper pond level monitoring devices so that
the level of the ponds cannot be accurately
ascertained by the existing devices .
b. The facility not having six operable monitor
wells
c. The water levels in pond C and D not being pro-
perly monitored.
d. The oil and water were to have been removed and
completely cleaned up by November 15, 1983 . The
level of the sludge has been lowered and some work
has been accomplished; however the removal and
cleanup are far from complete.
-e. Whether or not the skimming facility has been com-
pletely bypassed and not used. Water and oil have
been pumped from the receiving pit straight to the
evaporation ponds without any proper skimming be-
ing accomplished. This could be the cause of
excessive oil accumulation on the evaporation ponds.
f. Failure to properly skim oil from the surface of
the evaporation ponds . A containment boom is not
properly used and oil has been allowed to accu-
mulate along the banks of the ponds without being
removed as frequently as is necessary.
g. The spillway for pond D was not properly con-
structed and used. The pond has been filled
through use of the over-flow pipe from pond C in-
stead of being properly filled across the rip-rap
Page 3
RE: PROBABLE SHOW CAUSE HEARING - WELD COUNTY DISPOSAL, -INC.
spillway that was previously constructed to pro-
tect the pond liner as agreed upon in the letter
of reference.
5. Whether or not the facility is in compliance with the
additional conditions of operation in the letter.
a. The manager of the facility is required to main-
tain accurate records including all liquids dis-
posed of at the site, source information and pond
level information for water balance in all ponds .
These records are either not being kept or are
in such disarray that water balance cannot be
evaluated.
b. The local management figure has not been properly
operating and maintaining the facility to pro-
perly remove as much oil as possible from the in-
coming water. The local manager, Mr. Gary Kennedy,
has been informed on numerous occasions as to the
problems with the improper operation of the
facility and has not responded.
BE IT FURTHER RESOLVED by the Board that the date for the
Show Cause Hearing shall be July 25 , 1984 , at 2 : 00 o' clock p.m.
and the hearing shall be held in the First Floor Hearing Room of
the Weld County Centennial Center, 915 Tenth Street, Greeley,
Colorado.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 1-8th day of
June , A.D. , 1984 .
�1 � /- '� ELDD OF COUNTY, COMMISSIONERS
ATTEST: (�,� ,�,�+1�W�Ln WELD COUNTY, COLORADO y�
Weld County Clerk and Recorder ¢a.., �_ _and Clerk Clerk to the Board Norman Carlson, Chairman
BYit C 6/ \ nr\PACS
Deputy County Clerk line J hnson, Pro-Tem
APPROVE AS TO FORM: k.
// Germs R. Br tner
�/
County Attorney Chu
c
)k Carlso /�
J n T. Marti
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