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Home My WebLink About810256.tiff RESOLUTION RE: AUTHORIZATION TO PROCEED WITH LEGAL ACTION AGAINST CARLOS GRAY FOR VIOLATION OF THE SOLID WASTE SITES AND FACILITIES ACT. 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 Weld County Health Department has informed the Board of County Commissioners that Carlos Gray, operator of the Keenesburg Landfill, that the Keenesburg Landfill site is in violation of the Solid Waste Sites and Facilities Act, and WHEREAS, despite repeated requests , Carlos Gray has not ceased to operate said site, and WHEREAS, the Weld County Health Department has requested that legal action be taken against Carlos Gray. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Weld County Attorney be, and hereby is , authorized to proceed with legal action against Carlos Gray for violation of the Solid Waste Sites and Facilities Act. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of April, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, LORADO Weld County Clerk and Recorder (Aye) and Cirk to the Board , uck Carl n, Chairman B1Q. t.1( -,-,L /�� ✓u (Aye) JJ 'Deputy County 'Clerk // Norman Carlson, Pro-Tem APl� ED AS TO FORM: / J l , c�j (Aye) © C. W. Ki y fi • County Attorney _ — 6, (Aye) J T. Martin A e) e K. St inmark PL0635 810256 DATE PRESENTED: APRIL 8 , 1981 r v "0 11,071t 1.75 I a . aef.i¢Is sannes.ed, -.c::c.j .i _._C _ ❑ Show to whom,i.ste and atld:ess of dchven' —a 0 RESTRICTED DELIVERY ts Shat,/to whom and date d^E.cred --C 0 RESTRICTED DELIVERY. Show to whom,date,and addrss of dzi::ery.S-- (CONSULT POT-.1,.STER FOR FEES) 2, AnTICLE ADDRESSED TO: 31 re mA..Cch ��,�oo-L�� C 7q�7/,‘,g: u Azi ,1 eer-. ei242 y3 — se 3. ARTICLE DESCRIP T: m PEG:STEREO NO. CEBT•FIED NO. INSURED F:O. D ti 2 OaaiL A m C) {AIeit S obtain sew-let-we of ae.dle:.eee or agent; a ,'I„ I have received the art r!e described above. m\•.'.aTURE AdG;ewe �u<hori=e��6I,'(>'�.�O r C C:T c r __.: .Y --_ _ '{ , ARKe r .I A``c.Zi 5. L^. _ .qa: a/51 request dl �'1 'O r n, x !ataR..1'_ ti, CLERa m 6. UNABLE 10 LI DEVEF BECAUSE: INITIALS 0 I- y r d —ih6- /et..-,4 ,Y:. /l l`1 LLB °05011' Weld County Health Department errisre , AM Domir:mon.Jr .._ - Robert Drennan_PhD 6' =-ie. 1516 HOSPITAL ROAD Annette Lopez. Gteelec John P Cullen. M D. GREEL EY, COLORADO 80631 Kathleen Sh augh ner sy. H Aulr. AC,Ing Medical Duector (303) 3530540 ors Since FNP. !t t union Arthur G N'alson, Platteville February 25, 1981 David Werktng. DOS. Greeley John Al Wheeler Greeley Mr. Carlos Gray Certified Mail /r' 0260221 21867 Weld County Road 18 Keenesberg, Colorado Dear Sir: This letter is in reference to the Keensberg landfill that's operated by you as a solid waste disposal site. The location of this site is on the west side of WCR 1/59 and just south of the former officially designated Keenesberg dump-site. It is on your land. You are, hereby, notified that this site is in violation of the Solid Waste Sites and Facilities Act, C.R.S. 1973. Paragraph 36-23-2 of this Section states: "(1) Except as provided in subsection (2) of this section, on and after July 1, 1967 it shall be unlawful for any person to operate a solid wastes disposal site and facility in the unincorporated portion of any county without first having obtained therefor a certificate of designation from the board of county commissioners of the county in which such site and facility is located. " Paragraph 36-23-6 further states: - "No private dumping of solid waste shall be made on any property with the unincorporated portion of any county except on or at an approved site and facility. . ." The County Health Department had an aggrement with Keensberg whereby the present site would be abandoned in November 1980 and the dumping would be moved to the original legally designated location. To date, this has not been accomplished (see enclosed inspection) . Therefore, you will be given until March 23, 1981 (two weeks after Keensburg's next council meeting) to cease and desist the present illegal dump. Should you decide not to comply, a hearingwillbe scheduled within the week before the County Commissioners to show why compliance has not been accomplished. This meeting could result in legal action being initiated against you. Should you have any question, please don't hesitate to call. Respectfully yours, ohn G. Hall, Director MPH Art Cawthor`p, Sanitarian Environmental Health Services Environmental Health Services JGH:pp Weld County Health Department HI or. A M. Dnm:ncue:.Jr.. JD. Di,erep Pober, Di ennan. PhD Cr eelec 1516 005 011A ROAD Annette M Lopez. Greeley Joan P Cullen. M.D. GREELEY. COLORADO 80631 Kathleen SI;auohnessy. PHN Aun Actrnc MeO mal DLector (303) 353-0540 ion Since. FNP, Ft Lupton Arthur 0 Watson. Platteville February 25, 1981 David Wrrkrng. DOS. Drserey John M Wlree!ei Gr veley The Honorable Mayor Betty Beaver }:eenesburg, Colorado RE: Solid Waste Dump Site Dear Mayor: This letter is in relation to the current dump site used by the City of Keenesburg and residents of the surrounding areas. This present site is located on Weld County Road 1/59 and lies just south of the officially designated Keenesburg dump site; the latter having been covered, and no longer in use. You are, hereby, advised that the current site is in violation of the Solid Waste Sites and Facilities Act, Chapter 30, Article 20, Section 106 C.R.S. 1973. Paragraph 36-23-6 of this Section States: "No private dumping of solid wastes shall be made on any property within the unincorporated portion of any county except on or at an approved site and facility; but private dumping of one's own solid wastes on one's own property shall not he subject to the provisions of this article as long as it does not constitute a public nuisance, endangering the health, safety and welfare of others, and so long as such dumping dumdin is in accordance with the rules and regulations of the department." The current dump site is located on land owned by a Carlos Cray and • is not a legally designated site. The County Health Department had an aggrement with Keensburg whereby the new site would be abandoned in November 1980 and the dumping would he moved to the original legally designated location. To date, this has not been accomplished (see enclosed inspection) . Therefore1Mr. Cray will be given until March 23, 1981 (two weeks after your next council meeting) to cease and desist the present illegal dump. Should he decide not to comply, a hearing will be scheduled within the week before the commissioners to show cause why compliance has not been accomplished. Any influence you and the town council may have on Mr. Gray to correct the problem would be most appreciated and certainly in your best interest. Mr. Gray will be notified and advised of his responsibility in this illegal operation. Should you have any questions, please don't hesitate to call. Respectfully yours, /<2 i -71:1 NC:1\k 7 4/71/V-77.- 7-1-V ohn G. Hall, Director MPH A.B. Gawthorp, `Sanitariaty'r Environmental Health Services Environmental Health Services JGH:PP . - :c or c' Yr —, ie No. DIVISION OF ENCI ERING Facility 'yarn-: ir /G r, 7 _JD SALITATION r /'-1/9 SOLID WASTES DISPOSAL SITES Street or P. 0. Box ARNUAL INSPECTION City: .1,----- -i�.c/. Cie// 12 Colo. , Zip ---_ A B Date: __-- / --- S"/--- -- -- __ _- CATEGORY /- / /_/ Population Served: Fr-.51.71_ 9(z.-2(27 --A-4/, 5 v/f'PL2z_/✓/'//✓li- /?7/".: . ITEM-- _— AS FOUND _REMARKS -- -- ---- Yes No _ /Cr°00 j6 //?1 n 1. COMPLIANCE / ii>(/ - //A./2^' nL j;t /.ti fi Ex/72 a. Designated site - -- of ' b. Free of obnoxious odors, rats, insects __ V � F V tc. Covered as required - - ///2 ( V --II.- d. Sufficient area for machinery Y /j 4.1///r'F a e. Site fenced \,-- f. Free of smoke and flame x g. Corrplies RE: toxic materials / / -T-i ( -7 /07, 0 V O S ,; - '-'/:: 7— (.45/7 — i ''4: /Pi c! /`ceS 2. WATER POLLUTION EVIDENCE ESTABLISHED . . . / II \J , ,—._ ,t.-: -ci1/ M Co. 3. LOCATION i---// . 4. OPEN BURNING /�1�--/ Local Health Dept. Rep: '2.�i -7 Mayor or Manager: _—.._ _ _._._._. ._ __._. __. -._ /' Letter to Follow: Yes / / No /___/ Person Interviewed: / - - Inspecting Engineer: _ Letter to: —.—. ------ - ES ENG 77(Rev 5-71-15) Hello