HomeMy WebLinkAbout20050858.tiff LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
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GREELEY,COLORADO 80632
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GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
P.ANDREW JONES (970)356-1111
RICHARD T.LiPUMA ken®Ilalaw.com
KELLY J.CUSTER
BRADLEY C.GRASMICK
DAVID P.JONES
CHRYSTEN S.HINZE
December 1, 2005 ` " Ic2/49�
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Board of County Commissioners
Weld County, Colorado Pam
Attention: William H. Jerke, Chairman
(Hand Delivered) 44-491
Re: Request for Probable Cause Hearing
Tire Recycling, Inc. (f/k/a Tire Mountain, Inc.)
Second Amended USR 842
Dear Chairman Jerke and Commissioners:
On behalf of Tire Recycling, Inc., the purpose of this letter is to request the
immediate scheduling of a probable cause hearing regarding allegations by the Weld
County Department of Public Health and Environment ("Department"), by Cindi Etcheverry,
Environmental Health Manager, that Tire Recycling, Inc. is in violation of the Financial
Assurance obligations, and Development Standards numbered 23, 30 and 38.
For your reference we are enclosing a copy of the Department's letter dated
November 2, 2005, and our response letter dated November 8, 2005. Our response letter
of November 8, 2005 specifically responded to the Department's letter of November 2,
2005, and provided explicit details and copies of the implicit price deflator of the gross
national product as required pursuant to the Department's letter of November 2, 2005.
Subsequent to our letter of November 8, 2005, the Department has failed and/or
refused to confirm compliance or even that Tire Recycling responded to the letter of
November 2, 2005, which has resulted in the unilateral and improper withholding of a
building permit, the application for which was submitted to the Weld County Department
of Planning Services on November 1, 2005. The Weld County Department of Planning
F:\XFL\TIRE RECYCLING\WELD COUNTY COMMISSIONERS LTR.wpd
2005-0858
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Board of County Commissioners
December 1, 2005
Page 2
Services has reviewed the building permit application request and has determined that it
does comply as a minor change to the above referenced USR but has declined to refer it
to the Weld County Building Department for final review due to the claim by the Weld
County Department of Public Health and Environment that Tire Recycling is not in
compliance with the USR.
It is necessary that the probable cause hearing be scheduled as soon as possible
due to the failure of the Department to respond, comment or reply, and the building permit
is being withheld inappropriately. It is also necessary that the probable cause hearing be
scheduled so that Tire Recycling can, itself, be advised of what is still "lacking" regarding
the Financial Assurances, but the Department has wrongfully failed and refused to provide
any information.
The wrongful withholding of the Building Permit is causing substantial damage to
operations and equipment of Tire Recycling, Inc. Tire Recycling, Inc. agrees to waive any
further notice or publication regarding the probable cause hearing. Again, it is requested
that this hearing be scheduled as soon as possible so that these issues can be determined
rather than allowing the current "shell game" to continue.
If you have any questions regarding this request, please contact the undersigned.
Very truly yours,
LIND, LA E ENHOFF LLP
Kenne . Lind
KFUcg
Enclosure
pc: Tire Recycling, Inc.
Trevor Jiricek, Director, Weld County Environmental Health Services (via fax)
Brad Mueller, Weld County Department of Planning Services (hard delivered)
Lee Morrison, Weld County Attorney's Office (hand delivered)
Charles Johnson, Colorado Department of Public Health & Environment
Doug Ikenberry, Colorado Department of Public Health & Environment
Kathleen Wahlberg, Colorado Department of Public Health & Environment
F:\KFL\TIRE RECYCLING\WELD COUNTY COMMISSIONERS LTR.wpd
Q DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
4 GREELEY, CO80631
WEBSITE: www.co.weleld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
ip Co PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
FAX (970) 304-6411
COLORADO RECEIVED
Nov 071005
November 2, 2005
Dwain Immel
Tire Mountain, Inc.
1801 Broadway, Suite 1460
•
Denver, CO 80202
Subject: Tire Mountain, Inc. - Clarification of Non Compliance
Dear Mr. Immel:
I am writing this letter in response to your October 28, 2005, letter to me concerning financial assurance
requirements at Tire Recycling, Inc. Unfortunately your letter did not adequately address the financial
assurance requirements as requested in my October 3, 2005, letter. As you may recall, I had requested
that you provide evidence that the financial assurance had been "adjusted annually". Your letter did not
provide documentation that the financial assurance had been adjusted.
Your letter referenced Kathleen Wahlberg's letter dated November 3, 2004. Ms. Wahlberg's letter did
indicate that at the time the letter was written that your financial assurance was adequate but she also
wrote the following:
"Section 1.8.3 (C) and (D) of the Solid Waste Regulations states that a facility must
provide "revised" cost estimates for closure and post-closure every five years of
operation and then adjust the costs for inflation every year in between. Costs were
revised in August 2003. Therefore, please adjust your costs for inflation, using the
implicit price deflator of the gross national product, for your 2005 financial assurance
submittal."
Additionally, I spoke with Ms. Wahlberg on November 1, 2005. She confirmed that Tire Mountain is in
violation of its financial assurance obligations. Therefore, Tire Mountain is also in violation of
Development Standards number 23, 30, and 38, of the facility's Second Amended Use by Special
Review Permit 842.
Please provide documentation that the facility is in compliance with the Solid Waste Regulations and USR
within 30 days or a Probable Cause Hearing will be scheduled before the Board of County Commissioner
to consider additional action, up to and including revocation of your permit.
If you have any questions regarding this inspection, please contact me at (970) 304-6415, extension
2220.
Sincerely,�
24;:;347,e; Gar
Cindi Etcheverry
Environmental Health Manager
Environmental Health Services
Dwain /morel
October 2,2005
Page 1
cc: Trevor Jiricek, Director, Weld County Environmental Health Services (via email)
Sheri Lockman, Weld County Department of Planning Services (via email)
Lee Morrison, Weld County Attorneys Office (via email)
Bill Jerke, Chairman, Weld County Commissioner(via email)
Charles Johnson, Colorado Department of Public Health & Environment (via email)
Doug Ikenberry, Colorado Department of Public Health & Environment (w/enclosure)
Bonita Ault, 12311 Weld County Road 41, Hudson, CO 80642 (w/enclosure)
Ken Kind, Esq. Lind, Lawrence & Ottenhoff LLC
•
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