HomeMy WebLinkAbout20021584.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE FOR SPECIAL USE
PERMIT#454 - HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, notice was given that a Probable Cause Hearing, pursuant to Section 81 of
the Weld County Zoning Ordinance, would be held before the Board concerning Special Use
Permit #454 issued to Howard Duckworth, dba Weld County Waste Disposal, Inc., and
WHEREAS, at a hearing before the Board on February 8, 1995, staff presented a letter
from Richard Judd, Attorney representing Mr. Duckworth, requesting a continuance of this
matter to March 1, 1995, due to a scheduling conflict, and
WHEREAS, at said hearing on March 1, 1995, the Board deemed it advisable to
continue this matter to May 17, 1995, at 9:00 a.m., to allow staff to supplement notice regarding
impacts to groundwater and failure to pay solid waste surcharge and to allow the Permittee to
prepare for those issues, and
WHEREAS, at said hearing on May 17, 1995, Mr. Judd was present, and the Board
heard all of the testimony and statements of those present, studied the recommendations of the
Weld County Planning and Health Department staff and all of the exhibits and evidence
presented in this matter and, having been fully informed, again deemed it advisable to continue
said matter to August 2, 1995, at 9:00 a.m., based upon staffs recommendation, to allow time
for the global settlement of all regulatory and other issues existing to be completed in writing
and result in a compliance order upon consent by the Colorado Department of Health, Weld
County Health Department, and Weld County Waste Disposal, Inc., and
WHEREAS, at said hearing on August 2, 1995, Mr. Judd was not present, and the
Board heard all of the testimony and statements of those present, studied the
recommendations of the Weld County Planning and Health Department staff and all of the
exhibits and evidence presented in this matter and, having been fully informed, again deemed it
advisable to continue said matter to February 21, 1996, at 9:00 a.m., based upon staffs
recommendation, to allow time for the interim control measures and site characterization to be
completed pursuant to the United States Environmental Protection Agency Administrative
Compliance Order and for the issue concerning land application of waste on the "Martin"
property to be further evaluated by the landowner and negotiations completed to bring the
property into compliance with the requirements of Colorado Department of Health, Weld County
Health Department, and Weld County Planning Department, and
WHEREAS, at said hearing on February 21, 1996, the Board heard all of the testimony
and statements of those present, studied the recommendations of staff from the Weld County
Departments of Planning and Health and all of the exhibits and evidence presented in this
matter and, having been fully informed, again deemed it advisable to continue said matter to
February 26, 1997, at 9:00 a.m., to allow site characterization and interim control measures to
continue, in accordance with the EPA Order and to allow time for final measures to be
completed, and /� �
CC FL / '° L /7/z_ �q C 4 2002-1584PL0447
PROBABLE CAUSE HEARING FOR SUP #454 - DUCKWORTH/WCWD
PAGE 2
WHEREAS, at said hearing on February 26, 1997, the Board was advised by staff that
cleanup of the site by HS Resources, Inc., and Amoco Production Company is slowly
progressing and site characterization and interim control measures are proceeding in
accordance with the EPA Order although it will be five or six years before final measures are
completed and, having been fully informed, again deemed it advisable to continue said matter,
to February 25, 1998, at 9:00 a.m., and
WHEREAS, at said hearing on February 25, 1998, the applicant was not present or
represented, and the Board studied the recommendations from the Weld County Departments
of Planning and Health staff and deemed it advisable to again continue said matter to
February 24, 1999, at 9:00 a.m. to allow site characterization and interim control measures to
continue, in accordance with the EPA Order and to allow time for final measures to be
completed, and
WHEREAS, at said hearing on February 24, 1999, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Health staff and once again deemed it advisable to continue said matter to February 23,
2000, at 9:00 a.m., to allow site characterization and remediation measures to continue, in
accordance with the EPA Order, as well as to allow time for final measures to be completed,
and
WHEREAS, at said hearing on February 23, 2000, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Public Health and Environment staff and once again deemed it advisable to continue said
matter to December 11, 2000, at 9:00 a.m., to allow the Colorado Department of Public Health
and Environment and the County to evaluate other potential enforcement action in accordance
with the Solid Waste Act, and
WHEREAS, at said hearing on December 11, 2000, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Public Health and Environment staff and once again deemed it advisable to continue said
matter to December 10, 2001, at 9:00 a.m., to allow the property owner adequate time to
complete the closeout activities at the site, and
WHEREAS, at said hearing on December 10, 2001, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Public Health and Environment staff and once again deemed it advisable to continue said
matter to June 12, 2002, at 9:00 a.m., to allow the property owner adequate time to review and
sign a land use covenant, and was subsequently rescheduled to June 17, 2002, due to
scheduling conflicts, and
WHEREAS, at said hearing on June 17, 2002, the Board deemed it advisable to dismiss
said Probable Cause Hearing based on findings that the applicant has concluded the
Comprehensive Environmental Response Compensation and Liability Act (Superfund) clean-up
process required by the Environmental Protection Agency and executed an environmental
covenant with the Colorado Department of Public Health and Environment limiting the use of
the property without express consent of the Colorado Department of Public Health and
Environment.
2002-1584
PL0447
PROBABLE CAUSE HEARING FOR SUP #454 - DUCKWORTH/WCWD
PAGE 3
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that this matter be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: goy L'�
2eGr•/ Gletad Chair
Weld County Clerk to the ar f4:' ,�
. �
David E. Lo g, Pro-Tern
BY:
Deputy Clerk to the Boa
:;.. - M. J. eile
APPROV D AS TO FORM:
� '�, % (lam
2 illiam H. Jerke
o Attorney
Robert . Masden
Date of signature: -2Y
2002-1584
PL0447
#117, 1;t: Memorandum
TO: Board of County Commissioners
mimDATE: December 5, 2001
COLORADO FROM: Trevor Jiricek, Department of Public
Health & Environment
SUBJECT: Weld County Waste Disposal
Our Department is recommending that this Probable/Show Cause hearing against the
Weld County Waste Disposal (WCWD) be vacated. Our recommendation is based
upon the following:
• The property owner, Howard Duckworth, has signed an environmental covenant
with the Colorado Department of Public Health & Environment (CDPH&E). The
covenant limits the use of the property without the express consent of the
CDPH&E.
• The Comprehensive Environmental Response Compensation and Liability Act
(also known as Superfund) clean-up is complete. Although, EPA will continue to
monitor groundwater and assess the effectiveness of the clean-up.
2002-1584
EXHIBIT INVENTORY CONTROL SHEET
PROBABLE CAUSE FOR SPECIAL USE PERMIT#454 - HOWARD DUCKWORTH, DBA
WELD COUNTY WASTE DISPOSAL
Exhibit Submitted By Exhibit Description
A. Planning Staff Identification of Items
B. Planning Staff Letter notifying applicant of Probable Cause
Hearing
C. Environmental Health Staff Probable Cause comments
D. Environmental Health Staff Violations of Use by Special Review#454
E. Planning Staff Development Standards
F. Groundwater Technology Site Map
G. Colorado Department of Public Determination of impact to ground water
Health and Environment
H. Colorado Department of Health Letter to Mr. Duckworth regarding data
collected from monitoring ground water
Colorado Office of Attorney General Letter to Richard Judd, attorney, stating
applicant must comply with solid waste
regulations
J. Colorado Office of Attorney General Letter to Richard Judd, attorney, regarding
post-decision hearings and surface
impoundments
K. Colorado Department of Health Letter to Howard Duckworth - Notice of
Violation and Request for Information
L. Colorado Department of Public Health Notice of Violation issued to Weld County
and Environment Disposal
M. Colorado Department of Public Health Compliance Order and Assessment of Civil
and Environment Penalty
N. Environmental Health staff Observations made during field inspection
O. Colorado Department of Health Illegal disposal of oil wastes
P. Environmental Health staff Land application of waste
Q. Environmental Health staff Inspection and assessment of facility
R. Environmental Health staff Conditions observed during inspection
S. Colorado Department of Public Notice of violation
Health and Environment
T. US Department of Interior Necropsy results from death of four
Fish and Wildlife Service Great Blue Herons
U. Accounting staff Past due disposal fees
V. Environmental Health staff Waste Disposal Impact Fee for 1994
W. Accounting staff Memo to Planning Department regarding
Weld County Waste Disposal Fee
X. County Attorney Solid Waste Surcharge
Y. Kathleen Martin Letter of opposition (03/29/1995)
Z. William Allensworth Letter of opposition (03/24/1995)
AA. Colorado Department of Public Determination of Impact to Ground Water
Health and Environment
BB. Planning staff Probable Cause staff comments
CC. Planning staff Request for continuance
DD. Richard Judd, attorney Response to Violations and confirmation
of continuance
EE. Planning staff Notice of Hearing
FF. Richard Judd, attorney Response to Notice of Violation
GG. Richard Judd, attorney Response to Notice of Violation
HH. Richard Judd, attorney Letter to Assistant Attorney General
regarding global settlement
I I. Colorado Department of Health Letter regarding outstanding issues
JJ. Richard Judd, attorney Sampling of Martin Property Disposal
Incident
KK. Richard Judd, attorney Response to letters received from
Departments of Planning and Health
LL. Colorado Department of Health Weld County Waste Disposal Compliance
Meeting 8/27/93
MM. Resolution Approval of amendment to USR#396
4/22/81
NN. Richard Judd, attorney Letter stating settlement negotiations
OO. Timothy and Mary Trostel Letter of opposition
PP. Colorado Department of Health Letter regarding ground water
contamination
QQ. Karen and William Buxton Letter of opposition (05/04/1995)
RR. Wade and Karen Frarck Letter of opposition (05/09/1995)
SS. Petition Request for license to be revoked
TT. Response Exhibit Inventory Control Exhibit Description for Probable Cause
Sheet Hearing
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