HomeMy WebLinkAbout20080251.tiff HEARING CERTIFICATION
DOCKET NO. 2008-02.A
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 March 12, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
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 on January 9, 2008,
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., at which time
the Board deemed it advisable to continue the matter to March 12, 2008. At said hearing on
March 12, 2008, Cyndy Giauque, Assistant County Attorney, made this a matter of record.
Jacqueline Hatch, Department of Planning Services, stated the Show Cause hearing is being held
to review the applicant's compliance with the Conditions of Approval and Development Standards
of Second Amended Use by Special Review Permit(2ndAmUSR)#842, approved by the Board on
October22,2003,and Third Amended Use by Special Review(3rdAmUSR)Permit#842,approved
by the Board on September 27, 2006. She indicated the applicant has presented a draft plat for
3rdAmUSR#842, which is similar to the recorded plat for 2ndAmUSR #842; however, it has not
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recorded. She stated the site is located west of, and adjacent to, County Road 41, and north of,
and adjacent to, County Road 26. She further stated the site is approximately 120 acres in size,
and consists of four separate parcels. She indicated the Show Cause hearing was previously
continued from January 9, 2008, in order to allow the applicant approximately 60 days to come into
substantial compliance with Development Standards #3, #4, #5, #7, #8, and #23, of
2ndAmUSR#842. Ms. Hatch stated Development Standard#3 is in regard to the tire storage cells,
including construction of the cells, and the height requirements of the cells. She indicated staff has
determined that the applicant has met the requirements of Development Standard #3, as well as
the requirements of Development Standard #4, requiring that the fire access roads be kept clear.
She further indicated Russell Kissler, Platteville/Gilcrest Fire Protection District conducted an
inspection and is available to answer questions. She stated very few of the cells exceed the
five-foot height requirement, therefore, staff has determined that Development Standard #5 has
also been met,and she displayed photographs taken during the January,2008,site inspection,and
the most recent site inspection on March 11, 2008. She confirmed a small portion of the property
does have tires within the fire lane; however, the overall height of the tires has been significantly
reduced, and the fire lanes have been adequately cleared.
Ms. Hatch stated Development Standard #7 requires that the tires received by the applicant may
be placed into a temporary stockpile; however, only for a period not to exceed thirty days. She
indicated the temporary stockpile area is currently at capacity, and there is no more room for
additional tires to be received. She stated the Department of Planning Services is requesting that
the permit for 2ndAmUSR #842 be temporarily suspended, until such time as the applicant can
construct the necessary new tire cells. She further stated the applicant has indicated three new
cells will be constructed by the end of May, 2008; however, the Department recommends that no
new tires be accepted at the site until the anticipated tire cells are completed. Ms. Hatch clarified
that 3rdAmUSR#842 was approved in September, 2006; however, the requirements of the permit
have not been completed. She indicated Condition of Approval #3 requires that the plat be
recorded within thirty days, or, a $50.00 recording continuance charge shall be added for each
additional three-month period; therefore, the applicant will owe an additional $300.00 fee if all of
the necessary information is submitted for recording by the end of April, 2008. She read
Section 23-2-200.E of the Weld County Code into the record, indicating that if the approved uses
of 3rdAmUSR#842 are not commenced within three years of approval, the Probable Cause/Show
Cause Hearing process will be initiated. In response to Commissioner Masden, Ms. Hatch stated
the structure which was intended to house the crumb rubber operation is located on the site;
however, there is no equipment located within the structure. She further stated the applicant will
have until September, 2009, to commence operations. Further responding to Commissioner
Masden, Ms. Hatch indicated the structure previously contained the necessary equipment for the
crumb rubber operation; however, the applicant sold the equipment. She further stated the period
of three years could be extended from the date that the equipment was removed from the site if
the applicant is able to provide evidence of the date when the equipment was sold.
Deb Blandin, Weld County Department of Public Health and Environment, stated the Department
shares the same concerns as the Department of Planning Services, regarding the maxed out
capacity of the tire cells located at the site. She stated the receiving area has been in violation for
over one year, and the applicant has not been able to bring the area into compliance because they
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have been working on bringing the tire cells into compliance. She further stated it appears that the
receiving area has received additional tires since previous inspections. She indicated the Financial
Assurance for the facility is current; however, the financial assurance is based upon the conditions
of the Design and Operations Plan,which is dependent upon compliance with the previously stated
Development Standards, including the requirements for the receiving area. She stated she has
concerns that the Financial Assurance will not cover the necessary costs associated with the future
closing of the facility.
Charles Johnson, Colorado Department of Public Health and Environment, stated the Department
supports the comments made by the Weld County Departments of Planning Services and Public
Health and Environment regarding the facility,and he indicated the Certificate of Designation is not
of issue for this hearing. He agreed that the site operator has made considerable progress towards
compliance; however, he still has concerns regarding the receiving area and adequate Financial
Assurance. He explained part of the process for Financial Assurance includes and annual update
and adjustment for inflation, and as a facility completes modifications, the Financial Assurance
must be updated for new activities at the facility. He stated the Financial Assurance has not yet
been updated for the 2008 year; however, it is considered a part of the routine process.
Ms. Blandin indicated she does not have a sense of exactly how many tires are located within the
receiving area, and she requested that the applicant address this concern.
Don Carroll, Department of Public Works, stated he is familiar with the site, which contains one
main access on County Road 41. He indicated the facility contains adequate parking, therefore,
the Department of Public Works does not have any concerns at this time.
Russell Kissler, Platteville/Gilcrest Fire Protection District, indicated he completed a site inspection
on March 11, 2008, to view the progress at the site. He stated he issued a letter following the
January, 2008, inspection at the site, indicating the applicant was not in compliance with the
adopted Fire Safety Plan for the facility. He further stated he concurs with the previous statements
made by staff,and indicated the fire lanes have been significantly cleared,and the appropriate level
markers have been installed. He stated the facility employees will need to mow the dead weeds
surrounding the tire cells, to keep the fire danger to a minimum, which the facility manager has
agreed to do. Mr. Kissler indicated his biggest concern is the amount of tires located within the
receiving area, which is the closest area to the facility building. In response to Chair Jerke,
Mr. Kissler confirmed the health and safety issues of the site have been dramatically improved
within the past three months.
David Banas, Colorado Attorney General's Office, stated he supports the recommendation to
suspend the permit for 2ndAmUSR#842; however, he does not support revocation of the permit.
He indicated he has been informed that several parties are interested in purchasing the property,
and revocation of the permit would be detrimental to future plans for the facility.
Bill Kutza, Earth Care Recycling Colorado, indicated he is interested in purchasing the property
from Tire Recycling, Inc., and he has been working, in conjunction with State officials, to address
the issues of compliance. He stated he is studying the possibility of placing a recycling plant at
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the site, and he supports the recommendation of suspension of the permit, rather than revocation.
He indicated it is important to maintain the current Certificate of Designation at the site for his future
plans. In response to Commissioner Masden, Mr. Kutza stated Tire Recycling, Inc., is currently
in bankruptcy, and it is his intention to submit an Operational Plan for the bankruptcy to seek the
cooperation of the company's creditors within the next three months. Further responding to
Commissioner Masden, Mr. Kutza stated the envisioned recycling plant is a six-line paralysis plant,
which will completely destroy the tires at the site and convert them into three principal products,
including oil, carbon, and steel. He indicated the conversion will not create toxic emissions, and
is ecologically and environmentally sound. He stated the plant will be approximately 240,000
square feet in size, and will employ approximately 170 people. He clarified his plan is simply a
prospect at this point, and he realizes that Tire Recycling, Inc., may have a different plan for the
facility.
Chair Jerke instructed the applicant to address the concerns presented by Weld County staff
regarding the tire intake and receiving area.
Dwain Immel, President, Tire Recycling, Inc., represented the applicant and stated approximately
400,000 to 500,000 tires are located within the tire receiving area. He indicated the site would have
been in complete compliance if it were possible for his contractor to construct two new pits in
February, 2008. He explained his contractor will not be able to construct the cells until May, 2008,
and he believes one additional pit will be sufficient to hold the tires located within the receiving area.
He stated the incoming tires are placed within the receiving area in order to sort the tires and
remove rims, etcetera, then the tires are moved into cells to be stored. He further stated the site
will come into complete compliance once the new cells are constructed, and he expects to be able
to reduce the current amount of tires on the site by shredding the current inventory into a
tire-derived fuel (TDF) product. Mr. Immel stated the company is currently in negotiations
concerning a contract with a utility company, and if the contract is approved by the end of March,
2008, the necessary equipment will be brought to the site in May, 2008. He indicated it will take
approximately two to three weeks to shred the entire inventory located within the receiving area.
He further indicated as the tire inventory is converted to a TDF product, the product will be shipped
from the facility, and it is expected that all tires currently located at the site will eventually be
converted to a TDF product to be utilized as an alternative fuel supply. Mr. Immel requested the
Board not consider a suspension of operations at the site. He indicated there is a small amount
of space available in several pits, and tires will continue to be moved into the pits which can store
more tires. He stated if money were not an issue for the company, he would be able to hire a
different contractor to come in and construct the new pits immediately; however,the company does
not have adequate financial resources. He explained the contractor who has constructed the
current cells completes the work for a significantly reduced cost; however, his equipment is not
available until after May 1, 2008. He stated there is a large amount of unutilized land within the
boundaries of the site which could be utilized to temporarily store tires, and staff will maintain the
height of the tire piles to under ten feet, as required, until the tires are able to be moved to a tire
cell. He reiterated all of the existing tires currently located within the receiving area will fit into one
new cell; however, two new cells will be constructed to accommodate future need. Mr. Immel
expressed his apologies to the Board for the situation regarding his arrest by Sheriff's Deputies
following the January 9, 2008, hearing, and gave a brief explanation of the situation.
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In response to Commissioner Rademacher, Mr. Immel stated there are currently 58 constructed
cells at the site, and there is adequate space to construct an additional 40 cells. He further stated
Tire Recycling, Inc., does hold some leases for the temporary storage of vehicles at the site for
other vendors; however, plenty of space exists to be able to accommodate the construction of new
cells. Commissioner Rademacher indicated Development Standard#19 states that no more than
eight cells may be excavated and exposed or filled at one time. Mr. Immel clarified no more than
eight pits may be actively filled or in use, and the site usually only utilizes one or two actively open
cells at a time. He reiterated the plan to construct the new pits, and stated once they are
constructed, staff will utilize three open pits. Commissioner Rademacher stated the language
within Development Standard #19 is confusing, and he requested that the language be modified
to accurately reflect the intention. Commissioner Long stated he understands Mr. Immel is
indicating he desires to utilize additional surface space to temporarily store tires until the new cells
can be constructed. In response to Commissioner Long, Mr. Immel clarified approximately 30
acres are available to utilize for temporary surface storage,which will only be utilized until the new
cells are constructed. He further stated the current temporary storage area has enough space to
accommodate operations for the next 60 to 90 days.
In response to Chair Jerke, Ms. Hatch clarified that the recommended suspension would allow
company staff to continue maintenance operations at the site, in order to continue to bring the site
into full compliance; however, no new tires may be accepted at the site. Chair Jerke indicated if
the applicant is not allowed to accept new tires, the site will not be able to generate revenue.
Ms. Hatch indicated the Department's main concern is that the facility does not have adequate
capacity to accept any new tires at this time. Chair Jerke stated the applicant provided testimony
that there is adequate surface space on the lot to temporarily store tires. Ms. Blandin indicated the
site may contain a small amount of capacity to receive additional tires; however, based on the
amount of tires received at the site on a daily basis, the site will quickly enter into non-compliance
again. She clarified staff does not want to be put in the position of visiting the site weekly to ensure
the facility is within compliance. Responding to Chair Jerke, Ms. Blandin indicated the facility may
utilize surface area to temporarily store the tires; however, only for a period of 30 days, and the
piles cannot exceed a height of 10 feet. She clarified the applicant has already not maintained
compliance with this requirement for at least the past year, as they cannot incorporate the tires
received into cells within 30 days, and staff does not want to encourage the facility to fall farther
behind by allowing additional temporary storage areas to be created.
Chair Jerke indicated he trusts that the applicant will follow through, as evidenced in the
photographs which depict major improvement at the site, and he does not want to deny the
applicant the chance to generate revenue. Ms. Blandin concurred with Chair Jerke,and suggested
the applicant be required to construct one of the cells before May, 2008, in order to provide
capacity for tires during an interim period. Commissioner Rademacher stated the applicant could
easily construct a new cell within a week's time, even with the requirement for the cell to be open
for three days for groundwater inspection. Chair Jerke clarified the applicant is experiencing
difficulty with contractor availability and ability to pay for the necessary work. Commissioner
Rademacher stated if a new cell is immediately constructed, he will not be in favor of suspension.
Commissioner Long stated the applicant has been diligent to provide the necessary improvements
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(2NDAMUSR#842 AND 3RDAMUSR#842)
PAGE 6
at the site, and he suggested the applicant be given a definite date by which the cells must be
constructed, and if the cells are not completed, a suspension will be issued at that time.
In response to Chair Jerke, Mr. Immel stated he believes the new cells may be constructed before
the end of May, 2008,which will provide the necessary storage space to place all the tires currently
located within the temporary area. He clarified he will continue to seek out another contractor
which might be able to provide the necessary construction work in a quicker time frame; however,
all of the previous contractors he has contacted have been too expensive. He further clarified the
contractor he has previously utilized is local, and charges a very reasonable price. He stated he
expects that the new shredding equipment will be delivered in May, 2008, therefore, staff may
begin reducing the amount of inventory stored on the site. Further responding to Chair Jerke, Mr.
Immel stated the company currently holds over 160 accounts with retail tire dealers from all over
the State of Colorado. He explained if a suspension were to be issued,and the facility was not able
to accept new tires, most of the tire dealers would be forced to withdraw their accounts. He
clarified most tire dealers cannot store tires for a lengthy period of time at their respective facilities,
and the loss of customer base would be devastating to Tire Recycling, Inc.
In response to Chair Jerke, Mr. Immel indicated he has discussed the possibility of the proposed
plant mentioned by Mr. Kutza; however, the company also has other options which contain more
immediate plans. He explained the plan proposed by Mr. Kutza will take up to eighteen months to
be put in place, and he would like concentrate on a short-tem plan to begin recycling the tires
currently located on the site. He further explained the current contract offer negotiates the
purchase of the TDF product beginning in June, 2008. Further responding to Chair Jerke,
Mr. Immel indicated the TDF product will be shipped to a power plant just outside of Goodland,
Kansas, and the power plant is designed to provide power for a local ethanol plant and for the
general community.
Ms. Hatch indicated the language of Development Standard #19.c of 3rdAmUSR #842 may be
deleted from the Resolution, since it was a standard which was brought forward from the first
permit approved, and the Board concurred with the deletion.
Mr. Immel stated the uses approved through 3rdAmUSR#842 are for the processing of cryogenic
crumb rubber; however, the facility is no longer going to actively pursue these uses. He explained
the facility was unable to provide adequate delivery, therefore, the contract was cancelled and the
equipment had to be sold in order to be able to pay back bank loans. He requested that the
references to cryogenic processing be removed from the Resolution. In response to Chair Jerke,
Ms. Hatch indicated the applicant may withdraw 3rdAmUSR#842 in its'entirety, since the plat has
not yet been recorded. Following discussion among the Board and Mr. Immel, it was decided that
no action regarding the withdrawal of 3rdAmUSR#842 will be taken at this hearing.
Commissioner Rademacher stated he is pleased that the applicant has made major progress
towards coming into compliance,and he prefers that a suspension not be issued. He further stated
if the new cells are constructed by May 1, 2008, he will support a continuance of the matter to the
first week of June, 2008. Commissioner Garcia concurred with Commissioner Rademacher and
stated the applicant needs time to get the construction done appropriately.
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Chair Jerke indicated the recommendation from the Department of Planning Services is to issue
a suspension, so that the facility is not able to receive any new tires at the site. Commissioner
Rademacher stated it is in the best interests of the County that the facility be allowed to continue
to accept tires, otherwise many tires will end up on various farms and roadways throughout the
County. He reiterated he is not in favor of issuing a suspension.
Commissioner Garcia stated the applicant has come into substantial compliance with the height
of the cells, and there is adequate space to create additional temporary surface storage locations,
therefore, a suspension is not necessary.
Chair Jerke indicated he believes the health and safety issues have been mitigated, and adequate
fire protection access is now available.
Commissioner Long stated he is not in favor of suspension; however, the applicant must continue
to ensure compliance with the required safety standards. He suggested that the applicant keep
the height of the temporary receiving area to less than ten feet, since the tires will be relocated
once the cells are constructed.
Commissioner Masden commented the applicant has worked to mitigate the concerns previously
presented, and he is pleased that the fire lanes have been cleared and that the tire cells heights
have been appropriately reduced. He stated he is not in favor of issuing a suspension, and
suggested the matter be continued to first week of June, 2008.
Commissioner Rademacher indicated he is not sure that the applicant will have adequate time to
move the tires out of the receiving area and into the appropriate cells by the first week of June,
2008. In response to Chair Jerke, Mr. lmmel stated once the cells are constructed, the existing
tires within the temporary storage area may be completely moved into the cells within two to three
weeks. He clarified it will take the contractor approximately two weeks to construct the pits;
however, he is unsure of the exact time that the contractor will be able to begin the construction
operations. He stated if the contractor is not able to come until mid-May 2008, the tires will not be
relocated to the cells until approximately the end of June, 2008; however, he confirmed his staff
will move the tires as soon as the cells are completed. Following discussion, the Board concurred
that a continuance of the matter to the last week of June, 2008, would be more appropriate.
Upon conferring with the Acting Clerk to the Board, Commissioner Garcia moved to continue the
Show Cause Hearing concerning revocation of Second and Third Amended Use by Special Review
Permits#842, issued to Tire Recycling, Inc., to June 25, 2008, at 10:00 a.m., in order to allow the
applicant the necessary time to construct two additional tire cells so that the tires located within the
temporary areas may be moved into the new cells, to bring the site into compliance. He clarified
his motion allows the business to continue operations at the site, and does not include a provision
of a suspension. Commissioner Masden seconded the motion, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:45 a.m.
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This Certification was approved on the 17th day of March, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
1' V WELD COUNTY, COLORADO
ATTEST:
x�ay; IMP , 7
,
Ili H. Jerke, Chair
Weld County Clerk to the Board 186 1¢"-'A i
EXCU, : D DATE OF APPROVAL
e/r 4'14"e71° � ProTem
BY:
Deputy Clerk to the Board �`
William F. Garcia
David E. Long
EXCUSED DATE OF APP VAL
Douglas Rademacher
2008-0251
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