HomeMy WebLinkAbout20080816.tiff HEARING CERTIFICATION
DOCKET NO. 2008-02.B
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 June 25, 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, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Troy Swain
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, and then again to
June 25, 2008. At said hearing on June 25, 2008, Bruce Barker, County Attorney, made this a
matter of record.
Jacqueline Hatch, Department of Planning Services, gave a brief summary of the sequence of
events leading to today's hearing, and stated the Resolution, dated March 12, 2008, indicates the
matter was continued to allow the operator additional time to construct two tire cells and move all
of the tires from temporary storage into the cells, thus bringing the site into compliance. Ms. Hatch
stated she conducted an inspection on June 24, 2008, at which time she found one cell which was
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partially completed, with no work currently taking place. She also noted that additional tires have
been placed on the site, and staff is recommending a temporary suspension until the pits are
constructed and the site is brought into compliance. Ms. Hatch stated, at the last hearing, staff did
not discuss the application for Third Amended USR#842,for a crumb rubber operation, since they
want to ensure the facility is in compliance before proceeding with an application for a third
amendment. She displayed photographs of the site depicting seven areas of temporary tire
storage, which are supposed to be placed into cells upon receipt. She stated the piles are not to
exceed ten (10) feet, and the stockpiling is in excess of the allowed 30-day storage. Ms. Hatch
also displayed photographs of the partially completed pit, and stated the applicant was granted a
60-day continuance to complete two pits and relocate all of the tires from temporary storage.
Troy Swain, Department of Public Health and Environment, stated he is interested in hearing
testimony from the applicant regarding the lack of progress on the site.
Donald Carroll, Department of Public Works, stated the site is currently accessed from County
Road 41, between County Roads 26 and 28, located south of the Town of LaSalle and east of the
Town of Platteville. He further stated there is adequate parking and circulation.
Hal Lewis, Attorney, represented the applicant and requested an additional 30-day continuance.
He stated the applicant previously did not have the funds to construct the pits and bring the site into
compliance; however, in the last seven days there have been financial developments in the
bankruptcy cases which will allow them to progress with improvements at the site. He stated the
Midway Landfill, located in southern Colorado, has investors who are interested in purchasing the
site. He stated the interested parties met with State representatives who are concerned with
compliance issues, and Peter Fader has committed to purchasing the Midway sites. Mr. Lewis
stated during the past week Mr. Fader has also expressed interest in purchasing the Tire Recycling
site in Hudson, and has agreed to extend a loan, in the amount of $125,000.00, to all three
recycling sites to address compliance issues. Based on these developments, Mr. Lewis stated he
is in the process of filing an emergency motion with the Bankruptcy Court, and he expects a
hearing to be set within the next week. He stated once the loan is approved, Tire Recycling will be
capable of completing the required improvements within the next 30 days. He clarified that the loan
will be extended, regardless of whether Mr. Fader purchases the site. Mr. Lewis further stated he
has worked with Dwain Immel, owner, for over a year, and he has worked very hard to get the
necessary contracts in place; however, he has experienced uncontrollable delays and difficulties.
Mr. Lewis stated Mr. Immel is very knowledgeable about the tire recycling business, therefore, he
will remain in a role to help the future owner pursue new ideas for the uses of the tires. He stated
this site provides a beneficial scrap tire service to Weld County residents.
In response to Commissioner Garcia, Mr. Lewis stated the loan from Mr. Fader is to the business,
and under the Chapter 11 process, the debtor acts as a trustee, so the money will go into the
bankruptcy estate to be earmarked for specific projects to address compliance issues, insurance
payments, etcetera. He stated the funds will also be controlled by the investors, and he asserted
that the loan will be adequate to complete both of the cells. He further stated if the funds are
misappropriated, there will be a hearing before a bankruptcy judge. Responding to Commissioner
Masden, Mr. Lewis stated he anticipates the hearing will likely take place within the next week, at
which time the funds will be appropriated to begin work to bring the site into compliance.
Responding to Chair Jerke, Mr. Lewis stated the people from New Mexico who spoke at the
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previous hearing are not a part of the process, and he has not heard from them since that time.
Responding further to Chair Jerke, Mr. Lewis stated the operator will attempt to have the work done
within 30 days; however, 60 days may be more realistic.
Mr. Fader stated the past week has resulted in a rapid series of events leading to his decision to
invest funds in the subject site. He stated he intends to bring the facility into compliance, while
working towards the financial transaction of purchasing the site. He reviewed the various
improvements being made at the southern Midway site, and stated the necessary funds are in
place upon approval through the Bankruptcy Court this week. Responding further to Chair Jerke,
Mr. Fader stated his business has not previously been involved with remediation at waste tire
facilities; however, they are quickly learning the business, with the intension of pursuing similar
sites in other states upon the proven success at the Midway and Tire Recycling facilities.
No public testimony was provided concerning the matter. In response to Chair Jerke, Ms. Hatch
stated there are a lot of tires in temporary storage, therefore, she does not feel 30 days will be
adequate. Mr. Barker concurred and stated 60 days will be appropriate.
Commissioner Masden stated the testimony indicates money is no longer an option, so the facility
should be able to complete the work. He stated if the work is not completed within the next 60
days, he would prefer the County Attorney proceed with legal action. He stated previous
contractors have not been paid, so the loan will need to go toward outstanding payments, as well
as paying any incoming contractors to complete the work.
Commissioner Garcia agreed with Commissioner Masden,and stated completion of the necessary
work may be difficult to complete within 30 days, due to a busy summer schedule for contracts and
potential court delays, therefore, he supports a 60-day continuance. He stated this case has been
before the Board on numerous occasions; however, he is pleased that the Board has heard no
negative public testimony regarding nuisance conditions. He stated he would prefer to have the
site in compliance to continue with providing a valuable public service.
Commissioner Rademacher stated he would prefer to allow a 60-day continuance, with the
understanding that the County will proceed with legal action if the work is not complete. He stated
it is a necessary facility to avoid tires in the borrow pits along County roads. Mr. Barker stated,
unlike Violation hearings, this is a quasi-judicial process, therefore, the Board must take legislative
action to revoke the permit, or dismiss the Show Cause action.
Commissioner Long stated today's hearing has revealed some new options, therefore, he agrees
with a continuance.
Chair Jerke stated revocation of the permit will still result in important considerations regarding
what is to be done with all of the tires. He stated the site provides a public service and he supports
a continuance.
Commissioner Rademacher 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 August 27, 2008, at 10:00 a.m. Commissioner Garcia seconded the motion, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:50 a.m.
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This Certification was approved on the 30th day of June, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
������� WELD COUNTY, COLORADO
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ATTEST: � /17/(/ 1- L
William H. Jerke, Chair
Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
Robert D. Masden, Pro-Tem
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Deputy Cler to the Board 1. L
W • m F. Garcia
David E. Lon
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Douglas Rademacher
2008-0816
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