HomeMy WebLinkAbout20071000.tiff STATE OF COLORADO
Bill Flitter,Jr.,Governor
James B.Martin, Executive Director otco�o
Dedicated to protecting and improving the health and environment of the people of Colorado t7- �o
4300 Cherry Creek Dr. S. Laboratory Services Division z t+ . .
Denver,Colorado 80246-1530 8100 Lowry Blvd. 87
Phone(303)692-2000 Denver,Colorado 80230-6928
TDD Line(303)691-7700 (303)692-3090 Colorado Department
Located in Glendale,Colorado of Public Health
http://www.cdphe.state.co.us and Environment
March 28, 2007
Mr. Dwain M. Immel
Operator and Registered Agent for Tire Recycling, Inc.
7000 W. Princeton Avenue
Denver, CO 80235
RE: COMPLIANCE ORDER NO. 07-03-28-02 {Tire Recycling, Inc.}
Dear Mr. Immel:
You are hereby served with the attached Compliance Order Number 07-03-28-02 by the Hazardous
Materials and Waste Management Division of the Colorado Department of Public Health and
Environment(the "Department") pursuant to section 30-20-113(2), C.R.S.
This Order is based upon findings by the Department that Dwain Immel and Tire Recycling, Inc. have
violated, or are in violation of, certain provisions of the Colorado Solid Waste Act, sections 30-20-100.5
through 119, C.R.S. (the "Act") and the Colorado Solid Waste Regulations at 6 CCR 1007-2 (the
"Regulations") as more particularly described in the enclosed Compliance Order.
You are also hereby notified that the enclosed Compliance Order shall become effective upon receipt.
Should you desire to schedule an informal conference or wish to discuss the technical aspects of this
matter, please contact Charles Johnson of the Colorado Department of Public Health and Environment at
(303) 692-3348. If you have retained legal counsel, he or she may contact David Banas of the Colorado
Attorney General's Office at (303) 866-5456 to discuss legal aspects of this case.
Please be aware that in order to maintain an accurate record of factual and legal matters discussed, an
audio record will be made of the informal conference. A copy of the record will be provided to you
upon request. In accordance with Department policy, an audio record will not be made of settlement
discussions.
•
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61/4,./-C,79 U7 A ( 2007-1000
Mr. Dwain M. Immel
Tire Recycling, Inc.
Compliance Order No_ 07-03-28-02
March 28, 2007
Cover letter-page two
I urge you to give this matter your immediate attention.
Sincerely,
n5e- 5-IAA-Atre-
Joe Schieffelin
Solid and Hazardous Waste Program Manager
Hazardous Materials and Waste
Management Division
Enc. Compliance Order No. 07-03-28-02
cc: David Banas, Office of the Attorney General
Charles Johnson, HMWMD
Peter Moore, Krys Boyle, PC
Weld County Commissioners
S Co<—, COLORADO DEPARTMENT OF PUBLIC HEALTH AND
Fe` ?90 ENVIRONMENT
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* 't '( n * HAZARDOUS MATERIALS AND WASTE MANAGEMENT
* * '
DIVISION
* *�
1876
COMPLIANCE ORDER Number: 07-03-28-02
IN THE MATTER OF TIRE RECYCLING, INC.
This Compliance Order is issued to Dwain Immel and Tire Recycling, Inc. ("Tire Recycling")
f/Ida Tire Mountain, Inc. by the Colorado Department of Public Health and Environment, the
Hazardous Materials and Waste Management Division ("the Division"), pursuant to the
Division's authority under section 30-20-113(2), C.R.S., of the Colorado Solid Wastes Disposal
Sites and Facilities Act, and sections 30-20-100.5 to 120, C.R.S. (the "Act"). The Division, as
set forth herein, has determined that Dwain Immel and Tire Recycling have violated, or are in
violation of, certain provisions of the Act and the Colorado Solid Waste Regulations (the
"Regulations"), 6 CCR 1007-2, and are hereby ordered to come into compliance with the Act and
the Regulations.
General Findings of Fact and Conclusions of Law
I. At all times relevant to the violations cited herein, Tire Recycling, Inc. was a Colorado
corporation in good standing and registered to conduct business in the State of Colorado.
Colorado Secretary of State Business Center records list the formation date of the
corporation as January 15, 1985. The corporation operated as Tire Mountain, Inc. prior to
changing the name of the corporation to Tire Recycling, Inc. in May of 2004.
2. Dwain Immel is a "person" and an "operator" under the Act, the Regulations (section 30-
20-101(3), C.R.S.; 6 CCR 1007-2, section 1.2), and relevant caselaw.
3. Tire Recycling is a "person" under the Act and the Regulations (section 30-20-101(3),
C.R.S.; 6 CCR 1007-2, section 1.2).
4. Dwain Immel is the majority shareholder and registered agent for Tire Recycling.
5. Dwain Immel and Tire Recycling operate a tire recycling and disposal facility located at
12311 Weld County Road 41 near Hudson. Colorado 80642 (the "Facility:1 Operations
at the Facility commenced in 1985, and the Facility has operated continuously since that
date.
6. Weld County, Colorado is the governing body having jurisdiction over the Facility.
7. On or about January 25, 1989, the Board of County Commissioners of Weld County,
Colorado adopted a resolution for the approval of a "Use By Special Review Permit"
(Permit No. 842) for a tire landfill, storage and recycling facility. The Facility is located
within the southeast quarter of Section 32, Township 3 North, Range 65 West of the 6th
P.M. in Weld County, Colorado. A resolution to approve an amended certificate of
designation for the Facility was approved by the Board of County Commissioners of
Weld County on October 3, 1990.
8. On September 12, 2006, the Division issued a letter to Mr. Immel to document a
September 12, 2006 telephone conversation between Mr. Immel and the Division's
Kathleen D. Wahlberg in which Mr. Immel requested that the Division issue a letter to
approve Mr. Immel's choice of financial assurance instruments for his two tire facilities—
Tire Recycling in Weld County and Midway Tire Disposal/Recycling in El Paso County,
Colorado.
9. As indicated in the September 12, 2006 letter, the current closure cost estimate for the
Tire Recycling Facility, after the costs were adjusted inflation in 2004, 2005, and 2006,
was listed as $242,436.00, and the post-closure estimate for the Facility was listed as
$128,861.00, for a total financial assurance obligation of$371,297.00. Tire Recycling's
existing financial assurance mechanism as of September 12, 2006 was a Letter of Credit
from Cache Bank & Trust in the amount of$362,000.00.
10. As documented in the September 12, 2006 letter, Mr. Immel indicated that he intended to
obtain an insurance policy in the amount of$400,000.00 for Tire Recycling's 2006
financial assurance through Stailey Insurance Corporation, underwritten by Evanston
Insurance Company, with evidence provided on the standard insurance industry certificate
of insurance form (ACORD form), as prescribed by the Colorado Insurance Commission.
The Division indicated that this financial assurance instrument is acceptable to the
Department if written to include the requirements in Section 1.8.9 of the Regulations and
the language in Appendix A—Financial Assurance Instrument Language.
11. On September 18, 2006, the Division received a copy of the Certificate of Liability
Insurance policy binder for the closure/postclosure bond in the amount of$400,000.00 for
Tire Recycling's 120-acre monofill/landfill Facility near Hudson, Colorado. The
$400,000.00 insurance policy was produced by Stailey Insurance Corporation and
underwritten by Evanston Insurance Company by and through Markel Underwriting
Managers, Inc. The policy lists a policy effective date of September 18, 2006, and a
policy expiration date of September 18, 2007. The September 18, 2006 cover letter with
the Certificate of Liability Insurance policy indicated that the $400,000.00 policy from
Evanston Insurance Company would he replacing the $362,000.00 letter of credit from
Cache Bank & Trust that was currently being used to support closure/post-closure
financial assurance for the Facility.
Tire Recycling,Inc.
Compliance Order k 07-03-28-02
Page 2 of/I
12. On September 25, 2006, the Division issued a letter to the Cache Bank & Trust to
terminate and release all funds for Tire Recycling's Letter of Credit No. 038 for the
Facility. The Letter of Credit was being relinquished pursuant to section 1.8.4(E)(1) of
the Regulations, because alternate financial assurance had been provided for closure and
post-closure care of the Facility.
13. On October 5, 2006, the Division issued a letter to Mr. Immel regarding the Division's
review of Tire Recycling's 2006 financial assurance submittal for the Facility. As stated
in the October 5, 2006 letter, the Division indicated that Tire Recycling's new insurance
policy in the amount of$400,000.00 was adequate to cover the existing closure and post-
closure plan as currently approved by the Department in the existing Certificate of
Designation for the Facility. However, the current closure and post-closure plan and
financial assurance did not include the tire shredding and crumb rubber manufacturing
processes proposed for the Facility. Therefore, the Division informed Mr. Immel that the
Division would need to review and approve a new closure and post-closure plan for the
Facility, and new cost estimates would need to be re-calculated to include these
processes.
14. On November 16, 2006, the Division received notification of future cancellation from
Stailey Insurance Corporation because Tire Recycling failed to make its October and
November 2006 payments for Policy#CL420905649 in accordance with its premium
finance agreement.
15. On December 13. 2006, the Division issued a letter to Mr. Immel to inform him that the
financial assurance mechanisms for the Midway Tire Landfill facility and the Tire
Recycling facility were not in compliance with the Regulations. Based on further review
of the Certificates of Liability Insurance, the Division found that Tire Recycling was out
of compliance with the Regulations for the following reasons:
a. Tire Recycling's policy allows the insurer to cancel the policy with only sixty (60)
days notice of cancellation, and with only ten (10) days notice of cancellation for
for non-payment of premium.Pursuant to Section 1.8.9(I) of the Regulations, the
policy must provide that the insurer may not cancel, terminate, or fail to renew the
policy except for failure to pay the premium. If there is a failure to pay the
premium, the insurer may elect to cancel the policy by sending notice of
cancellation by certified mail to the owner or operator and the Department or
governing body having jurisdiction one hundred twenty (120) days in advance of
cancellation.
b. Tire Recycling's policy has a 525,000.00 deductible. Pursuant to Section I.8.9(C)
of the Regulations. the closure and post-closure policy must he issued for a face
amount at least equal to the current closure and post-closure cost estimate. The
tern "face amount- means the total amount the insurer is obligated to pav under
the policy.
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16. On January 29, 2007, the Division received a facsimile from Stailey Insurance
Corporation regarding Tire Recycling's Certificate of Liability Insurance. The facsimile
indicated that Tire Recycling made their December payment to First Insurance Funding
Corporation which produced a reinstatement notice from First Insurance Funding
Corporation. Stailey Insurance Corporation was waiting to receive the reinstatement
notice from First Insurance Funding so it could forward it on to Evanston Insurance
Company to stop the January 12, 2007 cancellation of Tire Recycling's policy. The
January 29, 2007 facsimile from Stailey Insurance Corporation also indicated that Tire
Recycling had not made their January 18, 2007 payment, and that the payment needs to
be received by February 10, 2007.
17. On February 5, 2007, the Division received a copy of the January 28, 2007 Notice of
Intent to Cancel Insurance Coverage from the Stailey Insurance Corporation regarding
Tire Recycling's Certificate of Liability Insurance. The Notice of Cancellation, issued by
the First Insurance Funding Corporation, indicated that Tire Recycling's insurance policy
(Policy#420905649) was scheduled for cancellation on February 10, 2007 if the past due
amounts on Tire Recycling's insurance policy were not received by First Insurance
Funding Corporation prior to the scheduled cancellation date.
18. On February 9, 2007, the Division filed a claim with Evanston Insurance Company c/o
Markel Underwriting Managers for the full-face value ($400,000.00) of the closure and
post-closure bond issued by Evanston Insurance Company for closure and/or post closure
care for the Tire Recycling's Facility located at 12311 Weld County Road 41, Hudson,
Colorado 80642.
19. On March 1, 2007, the Division received a copy of the February 28, 2007 Notice of Intent
to Cancel Insurance Coverage from the Stailey Insurance Corporation regarding Tire
Recycling's Certificate of Liability Insurance. The Notice of Intent to Cancel, issued by
the First Insurance Funding Corporation, indicated that Tire Recycling's insurance policy
(Policy#420905649)was scheduled for cancellation on March 13, 2007 if the past due
amounts on Tire Recycling's insurance policy were not received by First Insurance
Funding Corporation prior to the scheduled cancellation date.
20. On March 16, 2007, the Division conducted an account status check with the First
Insurance Funding Corporation regarding Tire Recycling's Certificate of Liability
Insurance, and learned that Tire Recycling's account had been cancelled as of March 15,
2007.
21. On March 19, 2007, the Division filed a new claim with Evanston Insurance Company
c/o Markel Underwriting Managers for the full-face value ($400,000.00) of the closure
and post-closure bond issued by Evanston Insurance Company for closure and/or post
closure care for the Tire Recycling's Facility located at 12311 Weld County Road 41,
Hudson, Colorado 80642.
Tire Recycling.Inc
Compliance Order#07-03-28-02
Page 4 of II
22. On March 22, 2007, the Division conducted an account status check with the First
Insurance Funding Corporation regarding Tire Recycling's Certificate of Liability
Insurance, and learned that a payment for the account had been received by First
Insurance Funding Corporation on March 21, 2007, and that Tire Recycling's account
was listed as having a"current" status.
23. On March 23, 2007, the Division received a copy of the March 22, 2007 Request for
Reinstatement of Insurance Coverage issued by First Insurance Funding Corporation to
Evanston Insurance Company regarding Tire Recycling's Certificate of Liability
Insurance. The Request for Reinstatement indicated that Tire Recycling had brought their
account to a current status, and First Insurance Funding Corporation was requesting that
Tire Recycling's policy be reinstated by Evanston Insurance Company.
Violation
(Failure to Maintain Financial Assurance)
24. The General Findings of Fact and Conclusions of Law in paragraphs 1 through 23 of this
Compliance Order are hereby incorporated by reference as though fully set forth herein.
Findings of Fact
25. "Scrap tire" means a tire that is no longer used for its original purpose. (6 CCR 1007-2,
section 1.2)
26. "Solid waste" means any garbage, refuse, sludge from a waste treatment plan. water
supply treatment plant, or air pollution control facility, and other discarded material,
including solid, liquid, semisolid, or contained gaseous material resulting from industrial
or commercial operations or from community activities. (section 30-20-101(6)(a), C.R.S.
and 6 CCR 1007-2, section 1.2)
27. Scrap tires disposed of, processed, and recycled at the Tire Recycling Facility are "solid
wastes" as that term is defined by the Act and the Regulations.
28. "Solid wastes disposal" means the storage. treatment, utilization. processing, or final
disposal of solid wastes. (section 30-20-101(7), C.R.S.; 6 CCR 1007-2. section 1.2)
29. Tire Recycling has disposed of solid wastes at the Facility.
30. --Solid wastes disposal site and facility" means the location and facility at which the
deposit and final treatment of solid wastes occur. (section 30-20-101(8). C.R.S. and 6
CCR 1007-2, section 1.2)
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31. Tire Recycling owns and operates a"solid wastes disposal site and facility"as that term is
defined by the Act and the Regulations.
32. No person shall operate or maintain a solid wastes disposal site and facility in a manner
that violates any provisions of part 1 of the Act, any rule or regulation adopted pursuant
thereto, or any certificate of designation. (section 30-20-113(1)(a), C.R.S.)
33. The owner or operator of any solid wastes disposal site and facility shall comply with the
financial assurance requirements mandated by the regulations of the department. (section
30-20-104.5(1)(e), C.R.S.)
34. No solid wastes disposal site and facility shall operate without being in compliance with
the financial assurance requirements of the department contained in such regulations.
(section 30-20-104.5(3)(a), C.R.S.)
35. The owner or operator of any solid waste disposal site/facility shall maintain in written
documented form current cost estimates for hiring a third party to close such site and
facility and to conduct post-closure care of such site/facility. The owner or operator of
any solid wastes disposal site and facility shall establish financial assurance sufficient to
ensure payment of such costs. No solid waste disposal site and facility shall operate
without being in compliance with the financial assurance requirements of section 1.8 of
the Regulations. (6 CCR 1007-2, section 1.8.1(A)).
36. The owner or operator must maintain the closure and post-closure care insurance policy
in full force and effect until the Department in consultation with the governing body
having jurisdiction consents to termination of the policy by the owner or operator as
specified in section 1.8 of the Regulations. Failure to pay the premium, without
substitution of alternate financial assurance as specified in section 1.8 of the Regulations,
will constitute a violation of the Regulations, warranting such remedy as the Department
in consultation with the local governing body having jurisdiction deems necessary. Such
violation will be deemed to begin upon receipt by the Department and the local governing
body having jurisdiction of a notice of future cancellation, termination, or failure to renew
due to nonpayment of the premium, rather than upon the date of expiration. (6 CCR
1007-2, section 1.8.9(G)).
37. Review of information provided by Stailey Insurance has established that Tire Recycling
has failed to make timely payments on its insurance policy(Policy#CL420905649) for
the months of October 2006, November 2006, December 2006, January 2007, February
2007, and March 2007.
38. Review of financial assurance documents for the Facility has established that Tire
Recycling failed to make timely payments in October 2006 through March 2007 on its
premium for maintaining its Certificate of Liability Insurance for the Facility, and that the
insurance policy(Policy#CL420905649) was cancelled effective March 15, 2007 due to
Tire Recvcllog,Lm.
Compliance Order X 07-03-28-02
Page 6 of//
Tire Recycling's default in payment of its premium finance agreement. As of March 22,
2007, Tire Recycling's policy was recommended for reinstatement by Stailey Insurance
Corporation and First Insurance Funding Corporation after receipt of payment on March
21, 2007.
Conclusions of Law
39. Tire Recycling failed to make timely payments on its insurance premium for Tire
Recycling's closure and post-closure care insurance policy for the Facility without
substitution of alternate financial assurance, in violation of 6 CCR 1007-2, section
1.8.9(G).
40. At the time the Division received the Notices of Future Cancellation from the Stailey
Insurance Corporation regarding the Tire Recycling facility, Tire Recycling was operating
a solid wastes disposal site and facility without having met the requirements for owners
and operators of such facilities, in violation of section 30-20-113(1)(a), C.R.S., section
30-20-104.5(1)(e), C.R.S., section 30-20-104.5(3)(a), C.R.S. and 6 CCR 1007-2, section
1.8.
COMPLIANCE ORDER
Based on the foregoing factual and legal determinations and pursuant to section 30-20-113(2).
C.R.S. and 6 CCR 1007-2, Section 1.9.2(B), the Division hereby orders Tire Recycling to
comply with the following compliance requirements:
Financial Assurance Requirements
41. Within fourteen (14) calendar days of the effective date of this Compliance Order. Tire
Recycling shall ensure that the existing financial assurance mechanism for the Facility is
sufficiently funded for the period of coverage of the financial assurance mechanism. or
shall obtain an alternate financial assurance mechanism that is approved by the Division
and is sufficiently funded to cover all closure and post-closure costs for the Facility in
accordance with section 30-20-104.5(1)(e), C.R.S., section 30-20-104.5(3)(a), C.R.S. and
6 CCR 1007-2, section 1.8. Tire Recycling shall submit a copy of the sufficient financial
assurance mechanism to the Division within fourteen (14) calendar days of the effective
date of this Compliance Order.
Closure and Post-Closure Care Plan Requirements
42. Within thirty (30) calendar days of the effective date of this Compliance Order, Tire
Recycling shall submit an updated Closure and Post-Closure Plan for the Facility to the
Division for review and approval, that meets the requirements of 6 CCR 1007-2, sections
25. 2.6, 3.5 and 3.6.
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43. The Division will notify Tire Recycling in writing of its approval, approval with
modifications, or disapproval of the Closure and Post-Closure Plan.
44. Upon commencement of voluntary or involuntary closure, Tire Recycling shall begin to
implement the Closure and Post-Closure Plan in accordance with the procedures and
schedules contained in the approved plan.
45. In the event that Tire Recycling is unable to obtain adequate financial assurance coverage
for providing closure and post-closure care for the Facility within fourteen (14) calendar
days of the effective date of this Compliance Order:
a. Tire Recycling shall cease accepting used tires or any other solid waste, and
b. Tire Recycling shall commence closure of the Facility in compliance with all
requirements of the Act and the Regulations and in accordance with a Division-
approved closure plan identified in paragraph 42 of this Compliance Order for the
Facility immediately upon its approval.
Additional Requirements
46. The Division reserves the right to impose any additional conditions or requirements
necessary for compliance with the Act or the Regulations or to protect human health and
the environment.
IMPLEMENTATION OF WORK TO BE PERFORMED
47. All documents submitted under this Compliance Order shall use the same titles as stated
in this Compliance Order, and shall reference both the number of this Compliance Order
and the number of the paragraph pursuant to which the document is required. No plan
submitted under this Compliance Order may be implemented unless and until written
approval is received from the Division. Any approval by the Division of a plan submitted
under this Compliance Order is effective upon receipt by Tire Recycling. All approved
plans, including all procedures and schedules contained in the plans, are hereby
incorporated into this Compliance Order, and shall constitute an enforceable requirement
under Part I of the Act.
48. If the Division disapproves or approves with modifications any original or revised plan
submitted by Tire Recycling pursuant to this Compliance Order, the Division shall
provide a written explanation of the disapproval or approval with modifications. Within
fifteen (15) days of receipt of the Division's approval with modifications or disapproval
of the plan, Tire Recycling shall: 1) in the case of an approval with modifications only,
submit a revised document that fully addresses the issues specified in the Division's
written explanation; or 2) in the case of a disapproval only, submit a revised document
Tire Rending, Inc.
Compliance Order#07-03-28-02
Page 8 of 11
that fully addresses the issues specified in the Division's written explanation of
disapproval for Division review and approval (Tire Recycling may not select this option
if the Division has included in its disapproval an alternate plan that shall be implemented
by Tire Recycling). If Tire Recycling fails to do any of the above within the specified
time, Tire Recycling shall be deemed to have failed to comply with the Compliance
Order, and the Division may bring an enforcement action, including an assessment of
penalties.
49. In the event that Tire Recycling initiates closure activities, then Tire Recycling shall
submit brief progress reports in writing to the Division, on the fifteenth day of each
month, which include the following information:
a. the progress of all closure and post-closure activities;
b. a summary description of all closure and post-closure activities performed during
the previous month; and,
c. a summary description of activities to be performed in the upcoming month.
NOTICES AND SUBMITTALS
50. For all documents, plans, records and reports required to be submitted by this Compliance
Order, Tire Recycling shall submit an original and one copy to the Hazardous Materials
and Waste Management Division of the Colorado Department of Public Health and
Environment as follows:
Mira Neumiller, Environmental Protection Specialist
Solid Waste Unit
Hazardous Materials and Waste Management Division
Colorado Department of Public Health and Environment
Mail Code: HMWMD-CP-B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
NOTICE OF LIABILITY FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF
51. Section 30-20-113(5), C.R.S. provides that any person who violates section 30-20-113(1),
C.R.S., which includes the Colorado Solid Wastes Disposal Sites and Facilities Act.
sections 30-20-100.5 to 119, C.R.S., and the Colorado Solid Waste Regulations 6 CCR
1007-2. or any Compliance Order of the Department of Public Health and Environment,
shall be subject to a civil penalty of not more than 52,000 per violation per day during
which such violation occurs. The Colorado Department of Public Health and
Environment is continuing its investigation into this matter and may issue additional
Compliance Orders or may request that the Attorney General bring suit for injunctive
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relief or civil penalties, or both, for failure to comply with section 30-20-113, C.R.S. and
this Compliance Order.
NOTICE OF EFFECTIVE DATE OF ORDER
52. This Compliance Order shall become effective upon receipt.
RESERVATION OF RIGHTS
53. The Division reserves the right to bring any action or to seek civil or administrative
penalties for any past, present or future violations of the Act or the Regulations not
specifically addressed herein. Further, the Division has the right to bring any action to
enforce this Compliance Order, and to seek penalties for any violation of the Compliance
Order.
COMPLETION OF REQUIRED ACTIONS
54. Tire Recycling shall submit a Notice of Completion to the Division upon satisfactory
completion of all requirements of this Compliance Order. The Department shall either
accept or reject Tire Recycling's Notice of Completion in writing within thirty(30) days
of receipt. If the Department rejects Tire Recycling's Notice of Completion, it shall
include in its notice a statement identifying the requirements that the Division considers
incomplete or not satisfactorily performed and a schedule for completion. Tire Recycling
shall, within fifteen (15) days of receipt of the Division's rejection, either I) submit a •
notice of acceptance of the determination; or 2) submit a notice of dispute to the
determination. If Tire Recycling fails to submit either of the above notices within the
specified time, it will be deemed to have accepted the Division's determination.
55. If Tire Recycling files any notice of dispute pursuant to paragraph 54, the notice shall
specify the particular matters in the Division's determination that Tire Recycling seeks to
dispute, and the basis for the dispute. Matters not identified in the notice of dispute shall
be deemed accepted by Tire Recycling. The Division and Tire Recycling shall have thirty
(30) calendar days from the receipt by the Division of the notification of dispute to reach
an agreement. If agreement cannot be reached on all issues within this thirty(30) day
period, the Division shall confirm or modify its decision within an additional fourteen
(14) days, and the confirmed or modified decision shall be deemed effective and subject
to appeal in accordance with the Act.
Tire Recycling,Inc
Compliance Order#07-03-28-02
Page 10 of l l
FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT:
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Charles Johnson Date
Solid Waste Unit Leader
Hazardous Materials and Waste
Management Division
Approved as to Form:
David Banas #36664* Date
Assistant Attorney General
Natural Resources and Environment Section
Attorneys for the Department
1525 Sherman Street, 5th Floor
Denver, Colorado 80203
Telephone: (303) 866-5456
*Counsel of Record
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Conip/zncr Order (IS 2(4)2
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