HomeMy WebLinkAbout20021896.tiff Tab Identification EXHIBIT
Tab Number Item Description
1. Notice letter from Keith Schuett to Howard Duckworth dated March 27, 1995
2. Probable cause comments
3. Memorandum dated January 6, 1995 from Jeff Stoll to Chuck Cunliffe
4. SUP-454 Development Standards
5. Site map
6. Letter dated March 22, 1995 from Stephen Laudeman to Board of County
Commissioners
7. Letter dated August 26, 1993 from Stephen Laudeman to Howard Duckworth
8. Letter dated February 2, 1994 from Timothy Monahan to Richard Judd
9. Letter dated January 13, 1995 from Timothy Monahan to Richard Judd
10. Certified letter #P 860 415 499 from Frederick Dowsett to Howard Duckworth
11. Notice of Violation - Certified Mail # P 392782581
12. Compliance order and assessment of civil penalty - Certified Mail #P 319471671
13. Letter dated July 27, 1993 from Trevor Jiricek and John Pickle to Howard Duckworth
14. Letter dated July 6, 1993 from Stephen Laudeman to James Martin
15. Memorandum dated June 25, 1993 from Trevor Jiricek to Scott Klarich
16. Letter dated November 10, 1993 from Trevor Jiricek to Howard Duckworth
17. Letter dated January 31, 1995 from Laurie Exby and Jeffrey Stoll to Howard Duckworth
18. Notice of Violation dated October 25, 1994 from Stephen Laudeman and Glenn Mallory
to Howard Duckworth
19. Letter dated March 7, 1995 from Gary Mowad to Trevor Jiricek
20. Letter dated February 17, 1995 from Claud Hanes to Howard Duckworth
Memorandum dated February 11, 1995 from Trevor Jiricek to Claud Hanes
22. Memorandum dated March 27, 1995 from Claud Hanes to Keith Schuett
23. Letter dated March 24, 1995 from Lee Morrison to Richard Judd
2002-1896
24. Letter dated March 29, 1995, from Kathleen Martin.
25. Letter dated March 24, 1995, from William Allensworth.
26. Determination of Impact to Ground water dated March 22, 1995
from Stephen Laudeman.
27. Probable Cause staff comments dated February 21, 1995.
28. Department of Planning Services letter dated February 8, 1995,
requesting continuance on behalf of Richard Judd, attorney.
29. Letter to Lee Morrison from Richard Judd dated February 2, 1995.
30. Notice of hearing from Keith Schuett to Howard Duckworth, dated January 27, 1995.
31. Letter dated November 23, 1994, from Richard Judd.
32. Letter dated September 7, 1994, from Richard Judd.
33. Letter dated May 18, 1994, to Timothy Monahan from Richard Judd.
34. Memo dated March 4, 1994, to Glenn Mallory from Steve Laudeman.
35. Letter dated December 22, 1993, to Stephen Laudeman from Richard Judd.
36. Letter dated December 9, 1993, from Richard Judd.
37. Memo dated August 30, 1993, to Howard Duckworth from Steve Laudeman.
38. Resolution dated April 22, 1981.
14i
I(I(14136
DEPARTMENT OF PLANNING SERVICES
WI C PHONE (303) 35X (30 )1-0978
O FAX (303) FFIC 73
WELD COUNTY ADMINISTRATIVE OFFICES
• 1400 N. 17TH AVENUE
COLORADO GREELEY, COLORADO 8O63
March 23, 1995
Howard Duckworth Weld County Waste Disposal
12018 Warfield
San Antonio, Texas, 73216
Subject: Zch-I02, SUP-454, Located in pan of the Northwest '/ of Section 1?, Township 1
North, Range 66 West of the 6th P.M., Weld County, Colorado.
Dear Mr. Duckworth:
Notice is hereby given that on May 17, 1995 at 9:00 A.M., or as soon thereafter as the agenda of
the Board of County Commissioners permits, the Board of County Commissioners of Weld
County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County
Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld
County Centennial Center, 915 Tenth Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number SUP-454 for compliance with
Development Standards # 1, 4, 11, 14, and 15 as approved by the Board of County
Commissioners on April 22, 1931 to determine if probable cause exists to hold a hearing on
revocation of SUP-454.
If it is determined at the public hearing that there is probable cause that you are not in
compliance with SUP-454 the Board of County Commissioners will schedule a Show Cause
public hearing to consider revocation of the Special Review permit.
If you have any questions regarding this matter, please write me.
Respectfully,
A. cSc lluett
Current Planner II
pc: Richard Judd = EXHIBIT
Jane Godby
Trevor Jiricek
Lee Morrison
SERVICE,'it,U.IWOIu INTEGRITY.QUALITY
Probable Cause
DATE: March 28, 1995
CASE NUMBER: ZCH-102
SUP-454
NAME: Howard Duckworth
Weld County Waste Disposal
12018 Warfield
San Antonio, Texas 78216
LEGAL DESCRIPTION: Located in part of the Northwest 1/4, of Section 12, Township 1 North,
Range 66 West of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 12; east of and adjacent to Weld County
Road 35.
It is the opinion of the Department of Planning Services staff, that the following Standards as
approved for SUP-454 are not in compliance.
Development Standard Number one states:
r
1. The water and oil fluids recycling and disposal site granted by this Special Use
Permit on the hereon described parcel is limited to the facilities shown hereon. Said
facilities shall be:
a. 600 square foot(minimum)structure built in accordance with the requirements
of the Uniform Building Code and utilized as an office and residence by an
employee for the control, operation and security of the facility;
b. Eight 300 barrel tanks;
c. One circulating pump and motor:
d. One 8 foot and 20 foot heat and filtering vessel.
e. Four bentonite sealed lagoons as shown hereon. The lagoons may include an
aeration system as part of the operation. The dimensions of the lagoons shall
be as follows:
Pond A - 83,000 square feet 1.9 acres
Pond B - 82,000 square feet 1.9 acres
Pond C -312,600 square feet 8.2 acres EXHIBIT
Pond D - 83,000 square feet 1.9 acres
I
Z CH-102
�^ Howard Duckworth
Weld County Waste Disposal
f. Settling pit screened with one-inch mesh.
g. Concrete sump divided by cement petitions into three (3) separate holding
tanks. Additionally, all uses permitted by right in Section 3.3 of the Weld
County Zoning Resolution are allowed within the Special Use Permit area.
The property is not being maintained in compliance with this standard. The operator of the facility
applied waste which had been received into the facility onto property to the south (Martin property).
This area is outside of the special review permit area and is an expansion of the operation.
Development Standard Number 4 states:
4. All phases of the operation shall comply with all County and State Health
Standards and Regulations pertaining to air quality, water quality, noise
emission, and sanitary disposal systems. Representatives or members of the
Weld County Health Department, Weld County Department of Planning
Services Staff and /or Colorado Department of Health shall be granted access
onto the site and any reasonable time in order to insure the operations carried
out on the site comply with all applicable Weld County and State Health
Regulations.
MI phases of the operation are not being maintained in compliance with all County and State Health
Standards and Regulations pertaining to air quality, water quality, and sanitary disposal systems as
identified below.
- The facility has impacted groundwater at this location.
The CDPHE and the Office of the Attorney General issued this determination
in letters dated August 26, 1993 and February 2, 1994. These letters also
required that pursuant to Section 9.1.4 of the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities, the facility come in to compliance with all
applicable requirements of Section 9 of these regulations. In addition, at the
request of the Board of County Commissioners, the CDPHE conducted a
second review of ground water at this facility. This review summerized in a
letter dated March 22, 1995, indicates and reaffirms the CDPHE's initial
conclusion that shallow ground water has been impacted in the vicinity of the
facility.
The impact to groundwater is a violation of Section 2.1.3 and 2.1.4 of the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities.
ZCH-102
Howard Duckworth
Weld County Waste Disposal
- The facility has accepted hazardous waste on four (4) previous occasions.
This is a violation of the Colorado Hazardous Waste Regulations as
documented by the Notice of Violation and Request for Information from the
CDPHE, Certified letter No. P 860 415 499. In addition, this is a violation of
Section 2.1.1 and 9.7.2 of the Regulations pertaining to Solid Waste Disposal
Sites and Facilities.
- The facility has been issued Notice of Violation of odor emissions by the Air
Pollution Control Division (APCD), Colorado Department of Public Health
and Environment.
The Notice of Violation, Certified letter No. 392782581, was issued for odor
emissions from evaporation ponds on site in excess of the limits allowed by the
Colorado Air Pollution Control Commission's Regulation No. 2. The APCD
has issued a Compliance Order for this violation.
This is a violation of Section 2.1.1 of the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities.
- The facility had applied waste that was received at the facility onto property
out side of the special use permit area. This property is known as the "Martin
Property".
This land application of waste is a violation of Section 1.3.3 and 1.6.1 of the
Regulations Pertaining to Solid Waste Disposal Sites and Facilities. The
facility was cited by the Weld County Health Department in certified letter No.
P 186978 550.
- Pond C has been observed on numerous occasions to have a floating oil scum
on the surface. The dates and percentage of coverage on Pond C are as
follows:
September 29, 1993, approximately 5-10% covered with scum
November 5, 1993, approximately 15% covered with scum
March 29, 1994, approximately 10% covered with scum
October 5, 1994, approximately 33% covered with scum
ZCH-102
Howard Duckworth
Weld County Waste Disposal •
This is a violation of Section 9.7.5 of the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities. The facility was cited by the Weld County
Health Department by letters dated November 10, 1993 and January 31, 1995,
and a notice of violation by the CDPHE in a letter dated October 25, 1994, for
floating scum on the surface of Pond C.
- The ponds are not equipped with fixed gauges to determine the depth of the
waste to the nearest five-hundredths (.05) of a foot.
This is a violation of Section 9.5.1 and 9.5.7 of the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities. The facility was cited in a Notice
of Violation by the CDPHE, dated October 25, 1994, for this violation.
- Monitoring wells 5, 6, 8, and 9 were not equipped with locks.
This is a violation of Section 9.5.5 of Regulations Pertaining to Solid Waste
Disposal Sites and Facilities. The facility was cited in a Notice of Violation
by the CDPHE , dated October 25, 1994 for this violation.
- Erosion within the ponds has been observed at the facility, the erosion was
located where the receiving area discharges into Pond C, and the Southwest
corner of Pond C.
This a violation of Section 9.7.3 of the Regulations Pertaining to Solid Waste
Disposal Sites and Facilities. The facility was cited in a Notice of Violation
by the CDPHE, dated October 25, 1994 for this violation.
- The facility does not maintain adequate records on site to verify the following:
a) Each waste stream accepted by the facility is tested at least annually.
(Section 9.8.1 of the Regulations Pertaining to Solid Waste Disposal
Sites and Facilities )
b) Individual loads receipts being maintained for at least two (2) years.
(Section 9.8.2 (B) Regulations Pertaining to Solid Waste Disposal
Sites and Facilities )
c) Monthly summaries are maintained for total waste volumes and waste
identification(s), (Section 9.8.2 ( C ) Regulations Pertaining to Solid
Waste Disposal Sites and Facilities)
d) Repairs to the embankments and liners as needed have been
performed. (Section 9.8.4 Regulations Pertaining to Solid Waste
Disposal Sites and Facilities )
ZCH-102
Howard Duckworth
Weld County Waste Disposal
e) Frequent general inspections concerning the condition of the facility
are being conducted. (Section 9.8.7 Regulations Pertaining to Solid
Waste Disposal Sites and Facilities )
f) Soil liner material has been tested hor hydraulic conductivity.
(Section 9.8.8 Regulations Pertaining to Solid Waste Disposal Sites
and Facilities )
The above are violations of the Section number as indicated in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities. In addition, failure to
maintain the above records available for inspection is a violation of Section 9.9
of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities. The
facility was cited in a Notice of Violation by the CDPHE , dated October 25,
1994, for these violations.
- Evidence that birds have perished after coming into contact with the
impounded wastes was observed and collected on October 5, 1994, by
representatives of the CDPHE and the Colorado Division of Wildlife. In
addition, four Great Blue Herons were recovered at the facility by Darrel
Crawford of the Colorado Division of Wildlife. Necropsy results indicate the
Herons died from complications due to contact with oil products. The results
are discussed in a letter dated March 8, 1995 from Gary Mowad, U.S. Fish and
Wildlife Service.
This is a violation of Section 9.1.2 of the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities. The facility was cited in a notice of
Violation by the CDPHE, dated October 25, 1994, for this violation.
Development Standard Number fourteen states:
14. The Special Use Permit shall be limited to the plans shown hereon ans
governed by the Development Standards stated above and all applicable Weld
County Regulations. Any material deviation from the plans ans/or
Development Standards as shown or stated above shall require the approval
of an amendment to the Special Use Permit by the Planning Commission and
the Board of County Commissioners Before such changes from the plans
and/or Development Standards shall be permitted. Any other Changes from
the plans and/or Development Standards shall be filled in the office of the
Department of Planning Services.
The uses conducted have not been limited to the plans shown and have not been maintained in
compliance with the approved Development Standards or applicable Weld County Regulations.
ZCH-102
Howard Duckworth
Weld County Waste Disposal
- The owner /operator of the facility is not maintaining compliance with
Ordinance 164-A, the required fees are not being maintained. Notice of non
payment is identified in a letter dated February 17, 1995 from Claud Hanes,
Weld County Comptroller, Memorandum dated February 11, 1995 from
Trevor Jiricek, Weld County Health Department, and Memorandum Dated
March 27, 1995 from Claud Hanes, Weld County Comptroller.
- The uses listed above and the noncompliance with the approved Development
Standards are material deviations from the approved permit and no
amendment has been applied for or approved for such changes. Additionally
no other changes from the approved plans and/or Development Standards
have been filed with the Department of Planning Services.
The Department of Planning Services staff requests that the Board of County Commissioners find
Probable Cause and Schedule a Show Cause Hearing on June 21, 1995, to determine if the Special
Use Permit should be revoked.
4.
'' mEmORAnD uu m
) ,,
To Chuck Cunliffe. W.C. Planning Deto Tam,ary R 1445
COLORADO
From Jeff Stoll W r Health nepartment
EXHIBIT
Subject Weld (*.minty Waste ni ernc ,l
The Weld County Waste Disposal facility has been cited for numerous violations
by both this Department as well as the Colorado Department of Public Health and
the Environment (CDPHE). These include violations of Special Use Permit (SUP)
454, the Colorado Hazardous Waste Regulations (6 CCR 1007-3) , the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) , the
regulations pertaining to the Basic Standards for Groundwater (5 CCR 1002-8) , and
the Colorado Air Quality Control Commission Regulations. The specific violations
are as follows:
1) The facility has impacted groundwater at this location. The facility has
detected levels of benzene in monitoring wells on site in excess of the
groundwater standard as defined in "the Basic Standards for Groundwater".
The CDPHE and the Office of the Attorney General issued this determination
in letters dated August 26, 1993 and February 2, 1994 (both attached).
This letter also required that pursuant to Section 9.1.4 of the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities, the facility come
into compliance with all applicable requirements of Section 9 of these
Regulations. The facility has disputed this application of Section 9 to
their facility.
The impact to groundwater is also a violation of SUP development standard
#4, and Sections 2.1.3 and 2.1.4 of the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities.
2) The facility has accepted hazardous waste on four (4) previous occasions.
This is a violation of the Colorado Hazardous Waste Regulations as
documented by the Notice of Violation and Request for Information
(attached) from the CDPHE, Certified letter No. P 860 415 499. In
addition, this is a violation of SUP development standard #4 and Sections
2.1.1 and 9.7.2 of the Regulations Pertaining to Solid Waste Disposal Sites
and Facilities.
3) The facility has been issued a Notice of Violation of odor emissions by the
Air Pollution Control Division (APCD) , Colorado Department of Public Health
and Environment.
The NOV (attached certified letter No. 392782581) was issued for odor
emissions from evaporation ponds on site in excess of the limits allowed by
the Colorado Air Quality Control Commission's Regulation No. 2. The APCD
is currently considering a Compliance Order for this violation.
In addition, this is a violation of section 2.1.1 of the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities and SUP development
standard #4.
•
4) The facility previously applied waste which had been received into the
facility to property located to the south of the facility. This property
is known as the "Martin property".
This land application of waste is considered an expansion of the facility.
This is a violation of Sections 1.3.3 and 1.6.1 of the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities as well as SUP
development standards #1 and #4. The facility was cited by this Department
in certified letter No. : P 186 978 550.
5) Pond C has been observed on numerous occasions to have a floating oil scum
on the surface. The dates and percentage coverage on Pond C are as
follows:
September 29, 1993, approximately 5-10Z covered with scum
November 5, 1993, approximately 152 covered with scum.
March 29, 1994, approximately 102 covered with scum.
October 5, 1994, approximately 33Z covered with scum.
This is a violation of Section 9.7.5 of the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities as well as SUP development standard #4.
The facility was cited by this Department (attached letter and inspection
forms) and in a Notice of Violation by the CDPHE (attached) dated October
25, 1994, for this violation. In addition, all of these violations on
these dates were observed by County staff.
•
6) The ponds at the facility are not equipped with fixed gauges to determine
the depth of the waste to the nearest five one-hundredths (0.05) of a foot.
This is a violation of Sections 9.5.1 and 9.5.7 of the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities a's well as SUP
development standard #4. The facility was cited in a Notice of Violation
by the CDPHE (attached) dated October 25, 1994, for this violation.
7) Monitoring wells 5, 6, 8, and 9 were not equipped with locks.
This is a violation of Section 9.5.5 of the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities as well as SUP development standard #4.
The facility was cited in a Notice of Violation by the CDPHE (attached)
dated October 25, 1994, for this violation.
8) Erosion within the ponds has been observed at the facility. The erosion
was located where the receiving area discharges into Pond C, and the
southwest corner of Pond C.
This is a violation of Section 9.7.3 of the Regulations Pertaining to Solid
Waste Disposal Sites and Facilities as well as SUP development standard #4.
The facility was cited in a Notice of Violation by the CDPHE (attached)
dated October 25, 1994, for this violation.
9) The facility does not maintain adequate records on site to verify the
following:
a) Each waste stream accepted by the facility is tested at least annually.
(Section 9.8.1)
b) Individual load receipts are being maintained for at least two (2)
years. (Section 9.8.2 (B))
c) Monthly summaries are maintained for total waste volumes and waste
-
Weld County Waste Disposal
January 6, 1995
Page 3
•
identification(s). (Section 9.8.2 (C))
d) Repairs to the embankments and liners as needed have been performed.
(Section 9.8.4)
e) Frequent general inspections concerning the condition of the facility
are being conducted. (Section 9.8.7) '
f) Soil liner material has been tested for hydraulic conductivity.
(Section 9.8.6)
The above are violations of the Section number indicated in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities as well as SUP
development standard #4. In addition, failure to maintain the above
records available for inspection is a violation of Section 9.9. The
facility was cited in a Notice of Violation by the CDPHE (attached) dated
October 25, 1994, for these violations.
10) Evidence that waterfowl may have perished after coming into contact with
the impounded wastes was observed and collected on October 5, 1994, by
representatives of the CDPHE and the Colorado Division of Wildlife.
This is a violation of Section 9.1.2 (b) of the Regulations Pertaining to
Solid Waste Disposal Sites and Facilities as well as SUP development
standard #4. The facility was cited in a Notice of Violation by the CDPHE
(attached) dated October 25, 1994, for this. violation.
The above items document the facilities failure to comply with all applicable
rules and regulations. In accordance with SUP development standard #15, the
Department recommends that these violations of Special Use Permit 454 be heard
by the Board of County Commissioners in a Show Cause hearing procedure. This
bearing process can be a mechanism for reaching a voluntary compliance order.
A compliance order would require the facility to comply with all County, State
and Federal requirements. The County staff, State and Operator have previously
discussed entering into such an order for remediation and compliance. The
operator has indicated a willingness to reach such a stipulation, however, there
is no agreement as to the details.
It should be noted that items 6, 7, 8, 9, and 10 were recently cited by the
CDPHE. These items involve violations of Section 9 of the Regulations Pertaining
to Solid Waste Disposal Sites and Facilities. The facility contends that it is
entitled to an administrative hearing prior to the CDPHE requiring compliance
with Section 9. These violations are being entered into the record and
subsequent hearing process in the event that a hearing is held and the
Regulations are found to apply to the facility.
I have attached numerous documents, etc. including responses from the facility.
Many of the above issues have also been discussed in meetings. I have also
attached minutes from these meetings for review.
tj1109
cc: Lee Morrison, W.C. Attorney's Office
Attachments: Cited correspondence and facility correspondence
•..
• WELD COUNT: DISPOSAL, INC.
SUP-454:80:44
Development Standards
" 1. The water and oil fluids recycling and disposal site granted by this
Special Use Permit on the hereon described parcel is limited to the
facilities shown hereon. Said facilities shall be:
a. 600 square foot (minimum) structure built in accordance with
the Uniform Building Code and utilized as an office and a
residence by an employee for the control, operation and security
of the facility;
b. Eight 300 barrel tanks;
c. One circulating pump and motor;
d. One 8 foot and 20 foot heat and filtering vessel.
•
e. Four bentonite sealed lagoons as shown hereon. The lagoons
may include an aeration system as part of the operation.
. The dimensions of the lagoons shall be as follows:
• Pond A - 83,000 square feet 1.9 acres
Pond B - 82,000 square feet 1.9 acres
Pond C. - 312,600 square feet 8.2 acres
•
Pond D - 233,900 square feet 5.4 acres
f. Settling pit screened with one-inch wire mesh.
g. Concrete sump divided by cement petitions into three (3)
separate holding tanks. Additionally, all uses permitted
by right in Section 3'.3 of the Weld County Zoning Resolu-
tion are allowed within the Special Use Permit area.
2. Access to the Special Use Permit area is limited to one access point
shown hereon. The access shall have the approval of the Weld County
Engineering Department. The access shall be constructed in accordance
with the recommendations and/or requirements of the Weld County Engineer-
ing Department. All private interior roads shall be graveled.
3. The Special Use Permit area shall be maintained in such a manner so as
to prevent soil erosion, fugitive dust, and the growth of noxious weeds.
4. All phases of the operation shall comply with all County and State Health
Standards and Regulations pertaining to air
quality, water quality, noise
emission, and sanitary disposal systems. Representatives or members of
the Weld County Health Department, Weld County Department of Planning
Services Staff and/or Colorado Department of Health shall be granted
access onto the site at any reasonable time in order to insure the
operations carried out on the site comply with all applicable Weld County
and State Health Regulations.
4. EXPOSIT
4
Weld County Disposal, Inc.
SUP-454:80:44
Development Standards - Page 2
5. Upon cessation of operations at the site all structures shall be removed
to 30 inches below grade and all ponds or pits shall be filled and
graded so as to conform with the surrounding terrain. The Special Use
Permit area shall be reclaimed to a farmable state within six (6) months
of the operations. The property shall be seeded in wheat or alfalfa
or other appropriate ground cover approved by the Soil Conservation
Service.
6. Storage of oil field drilling and associated equipment shall not be
permitted within the Special Use Permit area.
7. Parking on Weld County Road 12 and 35 will be prohibited. Parking will
only be allowed within the property described hereon.
8. The settling pit as shown hereon shall be screened with a one-inch
wire mesh to prevent wildlife gaining access to the pit. All lagoons
-- shall have flagging devices place no more than 20 feet apart to dis-
courage birds from landing on the water surface. These flagging
devices shall be installed by the owner/operator within three (3)
months of approval of this Special Use Permit by the Board of County
Commissioners and shall be maintained in good repair throughout the
Life of the operation.
9. To prevent seepage to the groundwater, all pits, lagoons, and other
excavations containing water at any time shall be lined with bentonite
or other impervious material as per State and County Health Department
guidelines within six (6) months of approval of the Special Use Permit
by the Board of County Commissioners. Construction of the lagoons
and embankments shall be in accordance with the design as shown hereon
or other design specifications from a registered professional engineer.
Those specifications shall be subject to review and approval by the
Weld County Health Department and Colorado Department of Health. The
freeboard allowance for all dikes designed to retain water or other
fluids shall be as specified by the Weld County Health Department
and/or Colorado Departent of Health.
•
• 10. There shall be a minimum of six (6) groundwater wells to monitor
possible leakage from the evaporation ponds and other pits on the
property. The Weld County Health Department and State Health Depart-
ment shall have access to these wells at all times to determine
possible contamination of the groundwater. The wells shall be installed
as per Weld County Health Departent guidelines for depth to groundwater
table.
11. The operator shall provide measuring devices in all lagoons which will
not damage the bentonite lining. Said devices shall be easily accessible
and easily visible to the Colorado Department of Health and Weld County
Health Department.
•
Weld County Disposal, Inc.
SUP-454:8O:44
Development Standards - Page 3
12. The Weld County Health Deparaent shall be given notice within a
24 hour period of use of the emergency lagoon by the operator of the
site. Such use must be a true emergency and not for normal storage
.of water or normal operations of the site. The provision does not
exclude the operator from keeping 12 to 18 inches of water in the
urgency lagoon to prevent the bentonite lining from drying out.
13. An access road shall be constructed and maintained around the peri-
meter of each lagoon such that there is
adequate access for a vacuum
truck to skim oil from all areas of the
lagoons.
•
14. The Special Use Permit shall be limited to the plans shown hereon
and governed by the Development Standards stated above and all applic-
able Weld County Regulations. Any material deviations from the plans
and/or Development Standards as shown or stated above shall require
• the approval of an amendment to the Special Use Permit by the Planning
•
CommissiCrowon and the Board of County Commissioners before such rthanges
the plans and/or Development Standards shall be
other changes from the plans and/or permitted. Any
filed in the office of the Department of Planning Standards shall be
15. The property owner, and/or operator of this operation shall be responsible
for complying with all of the above stated Development Standards. Non-
•:eompliance with any of the above stated Development Standards may be
reason for revocation of the Special Use Permit by the Hoard of County
Commissioners.
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