HomeMy WebLinkAbout20062495 DEPARTMENT OF PLANNING SERVICES
Planning Division
SOUTHWEST OFFICE
4209 CR
LONGMONT, COC 80504
jhatch@co.weld.co.us
IDFAX:
PHONE: (720) 652-4210, Ext. 8730
NORTH OFFICE
COLORADO 9110 Street
GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
FAX: (970)304-6498
December 19, 2005
State of Colorado Department of Public Health and Environment
Attn: Charles Johnson: Solid Waste Chief
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Subject: Tire Recycling Incorporated, Certificate of Designation Amendment
Dear Mr. Johnson:
This letter is regarding Tire Recycling Incorporated located in the Southeast quarter of
Section 32, T3N, R65W of the 6th P.M., Weld County, Colorado. Parcel numbers 1213
32 000020; 1213 32 000019; 1213 32 000024 & 1213 32 000023
The Weld County Department of Planning Services has received an application from
Dwain Immel, President, for Tire Recycling Incorporated care of Lind, Lawrence &
Ottenhoff LLP to amend the facility's County issued Use by Special Review permit (2n°
AMUSR-842). The Department of Planning Services has determined that the
incorporation of the shredding of tires and the processing of crumb rubber through the
cryogenic process is a significant change to the originally approved Use by Special
Review and therefore is requiring the applicant to amend their application. Staff has
also determined that the proposed modifications require that the Certificate of
Designation also be amended.
We are forwarding the materials we have received to date from the applicant and
request that you review the amendment for compliance with the Solid Waste Disposal
Sites and Facilities Act (Title 30, Article 20, Part 1, CRS as amended).
If you have further question, please contact me at the above address or call (970) 353-
6100 ext. 3540.
Sincerely,
2006-2495
Jacqueline Hatch, Planner II
WNW
Cc: Troy Swain,Weld County Department of Public Health and Environment
Lee Morrison,Weld County Attomeys Office
0
ric
MEMORANDUM
TO: JACQUELINE HATCH,DEPT OF PLANNING SERVICES
II ' FROM: TROY E. SWAIN
O SUBJECT: 3R°AMUSR-842,TIRE RECYCLING, INC.
• DATE: MARCH 14, 2006
COLORADO
Environmental Health Services has reviewed this proposal for an Amended Site Specific
Development Plan and Special Review Permit for a Solid Waste Disposal Site and Facility in the
I-3 (Industrial)Zone District. We recommend that the following conditions be part of any
approval:
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. A detailed amended Design&Operations Plan shall be submitted to the Colorado
Department of Public Health&Environment AND the Weld County Department of
Public Health&Environment for review and approval. The facility shall be constructed
and operated in accordance with the approved design.
2. Evidence shall be submitted to the Weld County Department of Public Health&
Environment AND the Colorado Department of Public Health&Environment that
demonstrates the recycling facility was constructed in accordance with the approved
design.
3. All required Air Emissions Permits must be obtained from the Colorado Department of
• Public Health and Environment's Air Pollution Control Division. Evidence of such shall
be submitted in writing to the Weld County Department of Public Health and
Environment.
4. A fugitive particulate emissions control plan(dust control plan)shall be submitted to the
Weld County Department of Public Health and Environment for approval.
5. Applicant shall demonstrate through their revised Design and Operations plan that all
process wastewater will be collected, disposed of and/or used in accordance with the
Colorado Water Quality Control Commission and U.S. Environmental Protection Agency
regulations.
6. Due to the increased number of employees, the existing septic system shall be
reviewed by a Colorado Registered Professional Engineer. The review shall
consist of observation of the system and a technical review describing the systems
,--. ability to handle the proposed hydraulic load. The review shall be submitted to the
DONUT
I S;
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be
inadequately sized or constructed the system shall be brought into compliance
with current Regulations.
Development Standards:
1. Storage cells shall be constructed for tire storage as follows:
a. Before construction of each cell, a 10-foot deep hole shall be excavated near the
center of the proposed trench area and shall be left open for a minimum of three days
to determine groundwater depth. A minimum of 2 feet separation shall be
maintained between the lowest elevation of the cell and the highest elevation of the
groundwater.
b. Storage cells will be constructed in accordance with the facilities Design and
Operations Plan and Fire Safety Evaluation and Fire Control Plan dated April 28,
2003 and accompanying supplemental material.
c. No more than eight(8) cells shall be excavated and exposed or filled at a time.
d. A minimum of 50 feet shall be maintained between the top of each cell to allow for
an adequate firebreak and access.
2. Tires in the cells shall be stacked a maximum of 4 feet above the fire lane surface
elevation or 1 foot above the fire lane surface elevation for cells within the 200-foot
setback from oil and gas wells. An additional 1-foot will be allowed for unevenness of
the tire surfaces. Steel posts will be installed to a height of 5 feet above ground elevation
adjacent to and at the North-South center point on both sides of each cell. The top 1-foot
(from 4 to 5 feet) will be painted a bright color to allow for easier observation.
3. Volume records shall be maintained which include number of incoming tires,tires placed
in storage trenches, tires recycled on site, and tires recycled off site. These counts shall
be recorded daily and accumulated monthly and annually. An annual report shall be
submitted to the Weld County Health Department of Public Health and Environment and
the Colorado Department of Public Health and Environment beginning May 1 first of
each year.
4. Tires received at the facility shall be placed into cells upon receipt. Tires stockpiled
above ground for processing and/or recycling shall be stockpiled for a time not to exceed
30 days. Above ground tire stockpiles shall not exceed 10 feet in height and shall be
separated by a minimum width of 50 feet.
2
5. The facility shall comply with the facility's Fire Safety Evaluation and Fire Control Plan
and the requirements of the Platteville Fire Protection District at all times.
6. The property owner or facility operator shall notify the Weld County Department of
Public Health and Environment, Department of Planning Services, Colorado Department
of Public Health and Environment, and Platteville Fire Protection District in the event of
a change in the availability of equipment or soil identified for fire protection, or changes
in the Fire Safety Evaluation and Fire Control Plan.
7. A copy of the recorded plat and development standards will be forwarded and filed with
the Colorado Department of Public Health and Environment.
8. A spillage retention berm shall be required around any container holding fuel or oil with
a volume greater than 50 gallons. The volume retained by the spillage berm should be
greater than the volume of the largest tank inside the berm.
9. No permanent disposal of wastes, other than waste tires, shall be permitted at this site.
10. Any liquid or solid wastes(as defined in the Regulations Pertaining to Solid Waste
Disposal Sites and Facilities", as promulgated by the Solid Waste Disposal Sites and
Facilities Act,Title 30,Article 20,part 1, C.R.S., as amended) shall be stored and
removed for final disposal in a manner that protects against surface and groundwater
contamination.
11. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
12. Fugitive dust and fugitive particulate emissions shall be controlled on this site. Facility
shall comply with their approved fugitive particulate control plan.
13. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A),
as measured according to Section 25-12-102, CRS.
14. The property shall be maintained in compliance at all times with the soil conservation
plan approved by Platte Valley Soil Conservation Service.
15. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health&Environment,Water Quality Control Division.
16. Surface drainage shall be directed away from the active cells and will be allowed to flow
off of the facility into the natural drainage ways. Stormwater runoff from the facility
shall not exceed the rate of historic runoff. The need for stormwater discharge permit will
be evaluated in the event stormwater runoff from the facility disrupts normal flows off of
the facility.
3
17. A safe and adequate fresh water supply shall be available on the facility premises.
18. Upon permanent closure of the facility, all filled tire cells containing tires will be covered
with a minimum of 2 feet of soil. Cells that are either partially filled or unused shall be
filled to grade with soil.
19. This facility shall comply with the laws, standards,rules and regulations of the Air
Quality Control Commission,the Water Quality Control Commission, the Hazardous
Materials and Solid Waste Division, and any other applicable agency.
20. The tire shredding and cryogenic fracturing process shall operate in compliance with
applicable Colorado Air Quality Control Regulations and comply with any permits issued
by the Air Pollution Control Division.
21. Visible emissions from the tire shredding and cryogenic fracturing process shall not
exceed 20% opacity (measured in accordance with EPA Reference Method 9). There
shall be no visible emissions from any manufacturing or storage buildings (measured in
accordance with EPA Reference Method 22).
22. There shall be no discharge of process wastewater to groundwater, surface water or off
property. Except those discharges allowed by a Colorado Discharge Permit System
(CDPS) discharge permit.
23. The property owner or operator shall comply with the approved Design and Operations
plan.
24. The property owner or operator shall comply with the approved Certificate of
Designation.
25. At closure all tires and tire material shall be placed into cells.
4
DEPARTMENT OF PLANNING SERVICES
Planning Division
0 SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
jhatch@co.weld.co.us
PHONE: (720)652-4210, Ext. 8730
FAX: (720)652-4211
NORTH OFFICE
918 10TH Street
COLORADO GREELEY, CO 80631
PHONE: (970)353-6100, Ext. 3540
FAX: (970)304-6498
March 21, 2006
State of Colorado Department of Public Health and Environment
Attn: Doug Ikenberry
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Subject: Tire Recycling Incorporated, Certificate of Designation Amendment
Dear Mr. Ikenberry:
This letter is regarding Tire Recycling Incorporated located in the Southeast quarter of
Section 32, T3N, R65W of the 6th P.M., Weld County, Colorado. Parcel numbers 1213
32 000020; 1213 32 000019; 1213 32 000024 & 1213 32 000023
The Weld County Department of Planning Services has received an application from
Dwain Immel, President, for Tire Recycling Incorporated care of Dwain Immel to amend
the facility's County issued Use by Special Review permit (2nd AMUSR-842). The
Department of Planning Services has determined that the incorporation of the shredding
of tires and the processing of crumb rubber through the cryogenic process is a
significant change to the originally approved Use by Special Review and therefore is
requiring the applicant to amend their application.
Staff has also determined through further conversations and documentation that the
proposed modifications will NOT require that the Certificate of Designation be amended.
Therefore, the County is withdrawing the application to amend the Certificate of
Designation.
If you have further question, please contact me at the above address or call (970) 353-
6100 ext. 3540.
Sincerely,
Jacqu line Hatch. Planner II
MOW
Cc: Troy Swain,Weld County Department of Public Health and Environment
Bruce Barker,Weld County Attorneys Office
Jacqueline Hatch
from: DOUGLAS Ikenberry [dikenber@smtpgate.dphe.state.co.us]
ent: Thursday, March 16, 2006 8:08 AM
i o: Jacqueline Hatch
Cc: Troy Swain
Subject: RE: Tire Recycling
Hi Jacqueline,
Actually, I need a letter from the County indicating that they are withdrawing the
application to amend the CD. According to statute, I have 150 days after my completeness
review to do my technical review.
At this point my deadline to make a recommendation is June 9, 2006.
During this time I also have to allow for a 30 day public comment period. It doesn't make
sense to go through all this work, only to recommend a disapproval of the amended CD
application because it is not consistent with the recycling exemption in the statute.
>>> "Jacqueline Hatch" <jhatch@co.weld.co.us> 03/15/06 03:34PM >>>
Doug,
I will speak to the applicant regarding getting you a letter requesting the withdrawal.
Did you need one from the County also?
Thanks,
Jacqueline
Original Message
From: DOUGLAS Ikenberry [mailto:dikenber@smtpgate.dphe.state.co.us]
Sent: Wednesday, March 15, 2006 3: 17 PM
To: Jacqueline Hatch
Cc: Troy Swain
'uubject: Tire Recycling
Hi Jacqueline,
Regarding my March 6, 2006 letter that requests Weld County withdraw the Tire Recycling
application for an amended CD that was referred to us for our recommendation as to
approval/disapproval, does it look like we will get a response anytime soon?
1
Jacqueline Hatch
,,.erom: DOUGLAS Ikenberry [dikenber@smtpgate.dphe.state.co.us]
ent: Thursday, March 16, 2006 9:51 AM
(o: Jacqueline Hatch
Cc: Troy Swain; CHARLES JOHNSON
Subject: Fwd: RE: Tire Recycling
Attachments: RE: Tire Recycling
RE:lire Recycling
Jacqueline,
As a point of clarification, I'm asking for a letter from the County that withdraws the
referral of the amended CD application to us.
,0"-^
1
Jacqueline Hatch
rErom: DOUGLAS Ikenberry [dikenber@smtpgate.dphe.state.co.us]
ant: Friday, March 10, 2006 10:18 AM
o: Trevor Jiricek; Troy Swain
Cc: Jacqueline Hatch; CHARLES JOHNSON
Subject: RE: 3rd Amended USR-842 for Tire Recycling, Inc
To all,
I just left Dwain Immel a phone mail message asking him to call me concerning the
requirement that at a minimum the D & O plan must be amended to incorporate the
shredding/crumb rubber operation (i.e. , the county may also require an amended USR) and to
emphasize that these proposed activites will also be subject to Section 8 Recycling of our
regulations. My message was conveyed to him given the explicit assumption that the county
would withdraw the CD amendment requirement.
>>> "Troy Swain" <tswain@co.weld.co.us> 03/10/06 09:41AM >>>
Trevor:
I believe Tire Recycling should amend their USR because the operation differs
significantly from the existing operation in areas of potential environmental impact.
Requiring an amended USR would also be consistent with how the county plans to deal with
the A-1 Rattler Ridge energy recovery build out (after pilot) . Though the existing
development standards have conditions that broadly address the numbered items below, the
applicant must still amend their Design & Operations Plan.
Again, even in the absence of an amended USR, Tire Recycling, Inc.
still
has to amend their Design & Operations Plan to include the recycling operation. This was
r-'iscussed with them during the last inspection.
, e applicant needs to address the following items in their revised Design & Operations
Plan: (from draft version of WCDPHE proposed conditions for the Amended USR) :
1. A detailed amended Design & Operations Plan shall be submitted to the Colorado
Department of Public Health & Environment AND the Weld County Department of Public Health
& Environment for review and approval. The facility shall be constructed and operated in
accordance with the approved design.
2 . Evidence shall be submitted to the Weld County Department of Public Health &
Environment AND the Colorado Department of Public Health & Environment that demonstrates
the recycling facility was constructed in accordance with the approved design.
3. All required Air Emissions Permits must be obtained from the Colorado Department of
Public Health and Environment's Air Pollution Control Division. Evidence of such shall be
submitted in writing to the Weld County Department of Public Health and Environment.
. . .Note following proposed development standards: The tire shredding and cryogenic
fracturing process shall operate in compliance with applicable Colorado Air Quality
Control Regulations and comply with any permits issued by the Air Pollution Control
Division. Visible emissions from the tire shredding and cryogenic fracturing process
shall not exceed 20% opacity (measured in accordance with EPA Reference Method 9) . There
shall be no visible emissions from any manufacturing or storage buildings (measured in
accordance with EPA Reference Method 22) .
'^. A fugitive particulate emissions control plan (dust control plan) shall be submitted
_o the Weld County Department of Public Health and Environment for approval. . . .Plan
should be required due to increased loader traffic of the 24 hour operation of loading
shredded tire to crumb rubber process. . .treatment or paving of staging areas and haul
roads may be necessary.
1
5. Applicant shall demonstrate through their revised Design and Operations plan that all
process wastewater will be collected, disposed of and/or used in accordance with the
Colorado Water Quality Control Commission and U.S. Environmental Protection Agency
regulations.
. .Note following proposed development standard: There shall be no discharge of process
wastewater to groundwater, surface water or off property. Except those discharges allowed
by a Colorado Discharge Permit System (CDPS) discharge permit . . . .Note: facility will
probably use water spray to control dust from tire shredders, waste water must be
collected to prevent discharge to surface and ground water.
6. All septic systems located on the property shall have appropriate permits from the
Weld County Dept. of Public Health & Environment.
Existing system for main building was designed to serve 12 employees; the proposed use was
for more employees (note 15-18 addition employees mentioned in applicants e-mail) . The
Weld County Dept. of Public Health & Environment requires an Individual Sewage Disposal
System (I .S. D.5. ) evaluation be conducted by a Colorado Registered Professional Engineer.
In the event the system is found to be inadequate, the system must be
brought into compliance with current I.S.D.5. regulations.
Again, I believe the existing development standards have conditions that address the above
broadly, however, the applicant must ammend their Design & Operations Plan. This amended
plan must include the specifics of the shredding and crumb rubber manufacturing operation.
The above items must be addressed in the applicants revised Design & Operations Plan. The
applicant should be and is required by law to address many of the above items prior to
beginning operation (prior to construction or moving equipment on site for air pollution
control regulations) .
The applicant should meet the above proposed conditions/concerns prior to starting the
tire shredding and crumb rubber process, otherwise, we may be dealing with these issues
via individual enforcement actions through CDPHE-HMWMD, CDPHE-APCD, CDPHE-WQCD and WCDPHE
P"epending on which of the above concerns is not addressed.
Troy E. Swain, B.S. , R.S.
Environmental Health Specialist
Environmental Health Services
Weld County Dept . of Public Health & Environment
1555 N. 17th Avenue
Greeley, Colorado 80631
(970) 304-6415, ext. 2219 (office)
(970) 304-6411 (fax)
From: Trevor Jiricek
Sent: Friday, March 10, 2006 8 : 18 AM
To: Troy Swain
Subject: FW: 3rd Amended USR-842 for Tire Recycling, Inc
see below
Trevor Jiricek, M.A.
Director, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave
Greeley, Colorado 80631
970-304-6415, ext. 2214 (office)
970-304-6411 (fax)
From: DMIMMEL@aol.com [mailto:DMIMMEL@aol.com]
2
Sent: Thursday, March 09, 2006 8 :30 AM
To: Jacqueline Hatch
Cc: Trevor Jiricek; Mav2064@aol.com
Subject : 3rd Amended USR-842 for Tire Recycling, Inc
Jacqueline:
I wanted to follow up with you related to our application to amend our
USR-842 permit for Tire Recycling, Inc. I had Mike Venditto forward
to
you information on the tire shredders and cryogenic crumb rubber plant
that we plan to use at our Hudson site to recycle used tires.
The confusion with the need to amend our Certificate of Designation
with
the Colorado Department of Public Health & Environment- Waste
Management
Division (CO-DPH&E-WMD) for our proposed recycling operation appears
to
be resolved with the latest letter communication we both received from
Doug Ikenberry of the CO-DPH&E-WMD a couple of days ago. As Doug
stated
in his letter, "recycling tires" does not require a Certificate of
Designation (CD) pursuant to Section 1.2 in C.R.S. 30-20-102 (5) of
the
Solid Waste Disposal Sites and Facilities Act (Act) passed by the
Colorado legislature.
Since we do not need to amend our existing CD with the CO-DPH&E-WMD to
incorporate recycing of tires at our Hudson site, we would like to
request that the Weld County Planning Department approve our building
permit to house this recycling equipment subject to of course normal
/1- wilding codes and development of an acceptable fire
uppression/control
system with the Plattville Fire District.
As Commissioner Miller aptly pointed out, once we explained that the
CO-DPH&E-WMD does not require any amendment to our existing CD for
recycling tires and our existing USR-842 permit already provides for
activities including auto salvage storage, tire collection, disposal,
storage and recycling it appears that the original basis or intent to
require us to amend our USR-842 is no longer valid. Previous members
of
the Weld County Planning Commission and the Weld County Commissioners
have already approved and allowed for the collection, storage,
disposal
and recycling of tires at this site. We would prefer not to amend our
existing USR-842 Permit for our Hudson site since these tire recycling
activities are already pemitted and allowed.
We would however, be glad to discuss with the Planning Staff any
comments the Planning Staff may have related to our proposed building
for the tire recycling operations. It is my understanding however,
that
the Planning Staff has not received any comments related to our
proposed
recycling operations that are not already included in our exiting
USR-842 permit. With the exception of potential fire
control/suppression issues because our tire recycling building is
larger
than 12, 000 square feet, we do not see any reason to amend our
xis ting
JSR-842 Permit to include tire recycling operations.
I would like to have you and your staff review the DVD's Mike will be
sending you that shows the exact type of equipment we will be using in
3
our tire recycling operations and get back to me ASAP to let me know
if
you still think we need to amend our existing USR-842 Permit for this
site.
Commissioner Miller aptly pointed out at the hearing on Tuesday,
March 8, 2006, he was wondering what he and the other planning
commission members were asked to approve since with the recent letter
from the CO-DPH&E-WMD clearly indicated that the State did not have
any
concerns about our tire recycling operations and specifically
indicated
that we did not need to amend our existing CD to initiate these
recycling activities at our Hudson site.
It seems to me that the Planning Department could accept the
recommendation from the CO-DPH&E-WMD and just approve our request for
our building permit, much like we orginally thought would be needed
last
summer before we got Ken Lind's law firm involved. We are happy to
comply with any related building code requirements for the crumb
rubber
plant building and work with the Planning Department and answer any
questions related to our recycling operations. We would still be
willing to appear on the March 21, 2006 Planning Commission hearing to
discuss our recycling operations, but it appears the most logical
thing
to do would be to withdraw your request to amend our USR-842 Permit
and
just approve our building permit application, since tire recycling was
already previously included in the original USR-842 Permit that was
approved by the Weld County Commissioners several years ago.
' would like however, to formally have the name on our USR-842 Permit
.fanged to Tire Recycling, Inc. from Tire Mountain, Inc. which is the
new name of the business. When we acquired Tire Mountain, Inc. from
the
Jamison Estate in 2004, we subsequently changed the name to Tire
Recycling, Inc later in 2004 to better reflect our future operations.
The legal status of the company remained the same as a Colorado
corporation, we just changed the name of the business . I will also
formally request this name change with the CO-DPH&E-WMD for the name
on
the CD as well.
Jacqueline, as I tried to explain, we are basically going to shred our
used tires into smaller 2" tire chips call tire derived fuel ("TDF")
chips, which will in turn be frozen with liquid nitrogen and run
through
a hammer mill which further reduces the 2" TDF chips down to crumb
rubber (1-2mm size tire chips) . This crumb rubber product will then
be
bagged into 50#, 100# and 1-ton bags for sale to the artificial turf
field industry or to the asphalt paving industry. We also expect to
sell some of these recycled tire chips to the landscaping industry,
however our primary markets will be the artificial turf field industry
and the asphalt paving industry to make rubber asphalt road surfaces .
Our Hudson tire recycling operation is expected to employ
approximately
15-18 additional employees to shred up the whole tires and then
process
the TDF chips into crumb rubber. The crumb rubber plant will be
" aerated on a 24/7 basis, with approximately five (5) personel on the
.ay shift and three (3) personel on the night shift. In addition we
expect to require 2-3 additional employees during the day shift to
operate the tire shredding equipment that will take whole tires and
shred them into the 2" TDF chips which will in turn be the feedstock
4
for
the Crumb Rubber Plant.
Although this may seem involved it is quite low tech, since all we are
+asically doing is reducing the whole tires ultimately to a 1-2mm size
_re chip referred to in the industry as Crumb Rubber. Once the whole
tire is reduced to crumb rubber the end use of this product is quite
varied, from athletic turf fields to asphalt rubber roads. The crumb
rubber can also be further reduced to less than 1-2 mm size chips by
grinding the crumb rubber chips further by end users that require a
smaller tire chip. Smaller chips can then be used in various rubber
molding applications or for asphalt chip seal applications to
resurface
or fill in cracked asphalt driveways or parking lots.
Hopefully we can resolve this permit issue without to much additional
brain damage, now that we both know the CO-DPH&E-WMD does not require
us
to amend our existing CD to incorporate tire recycling operations at
our
Hudson site.
If you have any questions please call me to discuss. The best way to
reach me is usually by my cell phone at 303-638-7150 since I am in and
out of the office a lot lately.
Sincerely,
Tire Recycling, Inc.
Dwain Immel, President
5
STATE OF COLORADO
Bill Owens,Governor
Dennis E. Ellis,Executive Director ADV.CO�
Dedicated to protecting and improving the health and environment of the people of Colorado tie
R�
4300 Cherry Creek Dr.S. Laboratory Services Division / o M1s
Denver,Colorado 80246-1530 8100 Lowry Blvd.
" *
Phone(303)692-2000 Denver,Colorado 80230-6928 ���� r876 x
TDD Line(303)691-7700 (303)692-3090 Weld Cn unty Planning DepartmentofadoDepartment
Located in Glendale,Colorado r, r, BDlLDl G
http://www.cdphe.state.co.us and Environment
MAR 9 2006
RECEIVED
March 3, 2006
Ms. Jacqueline Hatch
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
r
RE: Tire Recycling, Inc. Application for a 3rd Amended Site Specific Development Plan and Special
Review Permit (USR-842) and associated Certificate of Designation Amendment, Weld County
Referrals dated December 19, 2005 and December 30, 2005
Dear Ms. Hatch,
During the Hazardous Materials and Waste Management Division's (Division's) technical review of the
above referenced documents, which serve as Tire Recycling Inc.'s application to amend their certificate
of designation(CD), we determined that an amendment to the CD is not required for the proposed
operations to shred tires and process them into crumb rubber.
According to the Solid Wastes Disposal Sites and Facilities Act (Act), C.R.S. 30-20-102(5), "Any site
and facility operated for the purpose of processing, reclaiming, or recycling recyclable materials shall
not be considered a solid wastes disposal site and facility and shall not require a certificate of
designation as a solid wastes disposal site and facility; except that, after an initial accumulation period
specified by regulation, such a site or facility shall maintain documentation that proves recyclable
materials are being recycled at the site at a rate that approximately equals the rate at which recyclable
materials are being collected."
"Recycling operation,"as defined in section 1.2 of the Regulations Pertaining to Solid Waste Sites and
Facilities (Regulations), "means a separate facility, or a part of a solid waste disposal facility at which
recyclable materials may be separated from other materials for further processing or marketing." Waste
tires fall under the definition of"Recyclable materials" as defined in the Regulations. Consequently the
Ms. Jacqueline Hatch
March 3, 2006
r Page 2
proposed tire shredding and crumb rubber processing activities are considered as a recycling operation,
which falls under the purview of Section 8 "Recycling"of the Regulations.
In addition, "Scrap tire recycling" as defined in section 1.2 of the Regulations "means the sale of scrap
tires in the used-tire market, the sale of tire casings or carcasses for retreading purposes, or the
extraction of useful materials or energy from the tires through thermal, chemical, or physical
processing."
Therefore, we understand based on the available information, Mr. Immel is proposing to:
1) Conduct a scrap tire recycling project by shredding the tires and by cryogenically extracting
the rubber from the used tires to create crumb rubber;
2) Conduct a recycling operation; and
3) Conduct a scrap tire recycling operation that does not require a CD.
Given the above, the Division requests that Weld County withdraw the referenced CD application
documents that were referred to the Colorado Department of Public Health and Environment for our
recommendation as to approval or disapproval. We look forward to receiving your written response as
r soon as possible.
Please contact me at 303-692-3389 if you have any questions.
Sincerely,
ba‘t &its,Livvt
Douglas M. Ikenberry
Solid Waste Unit
Solid and Hazardous Waste Program
Cc: Dwain Immel, Tire Recycling, Inc.
Troy Swain, WCDPHE
FILE: SW WLD TIR 2.2
STATE OF COLORADO
"'Ia.' Bill Owens,Governor
Dennis E. Ellis,Executive Director A";of'
Dedicated to protecting and improving the health and environment of the people of Colorado Fr.?
4300 Cherry Creek Dr.S. Laboratory Services Division +n +'
Denver,Colorado 80246-1530 8100 Lowry Blvd. •
Phone(303)692-2000 Denver,Colorado 80230-6928 'r875
TDD Line(303)691-7700 (303)692-3090 Colorado Department
Located in Glendale,Colorado of Public Health
http://www.cdphe.state.co.us Weld County Planning Department and Environment
SOUTHWEST BUILDING
MAR 9 2006
RECEIVED
March 6, 2006
Ms. Jacqueline Hatch
Weld County Department of Planning Services
918 10th Street
Greeley, Colorado 80631
RE: Tire Recycling, Inc. Application for a 3rd Amended Site Specific Development Plan and Special
Review Permit (USR-842) and associated Certificate of Designation Amendment, Weld County
Referrals dated December 19, 2005 and December 30, 2005
Dear Ms. Hatch,
During the Hazardous Materials and Waste Management Division's (Division's)teclmical review of the
above referenced documents, which serve as Tire Recycling Inc.'s application to amend their certificate
of designation (CD), we determined that an amendment to the CD is not required for the proposed
operations to shred tires and process them into crumb rubber.
According to the Solid Wastes Disposal Sites and Facilities Act (Act), C.R.S. 30-20-102(5), "Any site
and facility operated for the purpose of processing, reclaiming, or recycling recyclable materials shall
not be considered a solid wastes disposal site and facility and shall not require a certificate of
designation as a solid wastes disposal site and facility; except that, after an initial accumulation period
specified by regulation, such a site or facility shall maintain documentation that proves recyclable
materials are being recycled at the site at a rate that approximately equals the rate at which recyclable
materials are being collected."
"Recycling operation," as defined in section 1.2 of the Regulations Pertaining to Solid Waste Sites and
Facilities (Regulations), "means a separate facility, or a part of a solid waste disposal facility at which
r recyclable materials may be separated from other materials for further processing or marketing." Waste
tires fall under the definition of"Recyclable materials" as defined in the Regulations. Consequently the
Ms. Jacqueline Hatch
March 6, 2006
r^-, Page 2
proposed tire shredding and crumb rubber processing activities are considered as a recycling operation,
which falls under the purview of Section 8 "Recycling" of the Regulations.
In addition, "Scrap tire recycling"as defined in section 1.2 of the Regulations"means the sale of scrap
tires in the used-tire market, the sale of tire casings or carcasses for retreading purposes, or the
extraction of useful materials or energy from the tires through thermal, chemical, or physical
processing."
Therefore, we understand based on the available information, Mr. Immel is proposing to:
1) Conduct a scrap tire recycling project by shredding the tires and by cryogenically extracting
the rubber from the used tires to create crumb rubber;
2) Conduct a recycling operation; and
3) Conduct a scrap tire recycling operation that does not require a CD.
Given the above, the Division requests that Weld County withdraw the referenced CD application
documents that were referred to the Colorado Department of Public Health and Environment for our
recommendation as to approval or disapproval. We look forward to receiving your written response as
�-. soon as possible.
Please contact me at 303-692-3389 if you have any questions.
Sincerely,
Ank 7LR .
Douglas M. Ikenberry
Solid Waste Unit
Solid and Hazardous Waste Program
Cc: Dwain Immel, Tire Recycling, Inc.
Troy Swain, WCDPHE
FILE: SW WLD TIR 2.2
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