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Home My WebLink About20040657.tiff LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY.COLORADO 80632 WEB PAGE:LLOLAW.COM GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LINO (970)353-2323 KIM R.LAWRENCE (970)356-9160 TELECOPIER P.ANDREW JONES (970)356-1111 RICHARD T.LiPUMA kenrolaw.com KELLY J.CUSTER BRADLEY C.GRASMICK December 17, 2003 Colorado Department of Public Health & Environment HMWMD-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 Attention: Mira Neumiller Re: Tire Mountain, Inc. and Financial Assurance Requirements Dear Ms. Neumiller: Enclosed please find a letter dated December 15, 2003 addressed to me from Mr. Nelson, our professional consulting engineer. We had requested that Mr. Nelson inspect the facilities to determine necessary financial assurances so that Tire Mountain, Inc. is current through 2003. We believe this was necessary as our prior report and information was dated in April of 2003. Based upon Mr. Nelson's December 15,2003 letter, it is our conclusion that Tire Mountain, Inc. is in compliance with the State and County requirements as well as the financial assurance requirements. The fair market value of the bonds in the Merrill Lynch Collateral Account held for the benefit of the Colorado Department of Public Health and Environment are in excess of $275,000.00 which exceeds the amount necessary under the financial assurance requirements. If you have any questions, please contact the undersigned. Very truly your , LIND, N OTTENHOFF LLP Ken th . KFUcg Enclosure • pc: LaVern Nelson, PE Tire Mountain, Inc. Colorado Department of Public Health & Environment Weld County Department of Planning Services Weld County Department of Public Health & Environment Lee Morrison, County Attorney Dwain Immel F:UCFLUAMISOMCOLO.PUBLIC.HEALTH 12 17 03.wpd 2004-0657 C tax: 3- Ph-041 Dec 15 03 04: 17p Vern nelson - -- - LaVem C. Nelson,P.E. 225 Dundee Ave. #12 Greeley, CO. 80634 December 15, 2003 Lind, Lawrence, and Ottenhoff,LLP Attorneys at law 1011 11th Ave. Greeley, CO. 80632 Attn: Mr. Kenneth F. Lind,Esquire Re: Tire Mountain, Inc. Financial Assurance Dear Mr. Lind, As of this date, December 15,2003,there are 48 cells filled with tires and 2 open cells in the working stage at the Tire Mountain,Inc. tire storage and recycling facility in Weld County, CO. Thus there are a total of 50 cells that would be covered now should closure occur at this time. The current Financial Assurance closure cost for the subject site is determined using the results of the analysis of closure cost as shown in my"Cost Calculation for Dirt Cover at Closure", dated August 15, 2003, which shows the estimated average cost for dirt moving to cover each cell is$4,377. As a result, the total cost for dirt cover and closure of 50 cells at December 15, 2003, is estimated as follows: Dirt Cover 50 cells @ $4,377 =$218,850 Supervision 3,500 Miscellaneous 3.000 Total Estimated Cost(12-15-03) $225,350 Respectfully, AseetSkailial LaVern C.Nelson, P.E. cc: Tire Mountain, Inc. LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 Weld Y,COLORADO 80632 Co m4 GREELEY,EB PAGE:LLOLAW.COM GEORGE H.OTTENHOFF GREEICT OFFI�Pal'meat TELEPHONE KENNETH F.LINO (970)353.2323 KIM R.LAWRENCE JAN 0 5 2004 (970) 356-9160 TELECOPIER P.ANDREW JONES D�/� (970)356-1111 RICHARD T.LiPUMA /� ( ken@Ilolaw.com KELLY J.CUSTER BRADLEY C.GRASMICK `•rE�VED December 31, 2003 Colorado Department of Public Health & Environment HMWMD-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 Attention: Glenn Mallory Re: Tire Mountain, Inc. Dear Mr. Mallory: The purpose of this letter is to advise you that all outstanding and issued common stock of Tire Mountain, Inc., and the real property upon which the operations take place are the subject of a Purchase and Sale Agreement. The purchaser of the stock and real property is Dwain Immel (and/or his assigns) whose mailing address is 1801 Broadway, Suite 1460, Denver, CO 80202, telephone number (303) 298-0041. Please be advised that there is no change in any waste stream,design or operation plan of Tire Mountain, Inc. and all such items and requirements are specifically accepted and reaffirmed by Mr. Immel. Mr. Immel will be in contact with you concerning this possible transfer as well as to determine if you need any additional information. Very truly yours, LIND,.I.1AW�E & OTTENHOFF LLP / /j Kenne . Lind KFL/cg pc: Weld County Department of Planning Services Weld County Environmental Protection Services Mira Neumiller, Program Specialist Tire Mountain, Inc. Dwain Immel F:UCFLUAMISOMCOLO.PUBLIC.HEALTH.12 31 03.wpd LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 WEB PAGE:LLOLAW.COM GEORGE H.OTTENHOFF Weld County Fanning Department TELEPHONE KENNETH F.LIND GRELEY OFFICE (970)353-2323 KIM R.LAWRENCE (970)356-9160 TELECOPIER P.ANDREW JONES JAN 0 5 2004 (970)3561111 RICHARD T.LiPUMA ken@Ilolaw.com KELLY J.CUSTER BRADLEY C.GRASMICK RECEIVED December 31, 2003 Colorado Department of Public Health & Environment HMWMD-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 Attention: Glenn F. Mallory Re: Tire Mountain, Inc. Dear Mr. Mallory: • Enclosed please find a copy of the recorded plat map concerning Tire Mountain, Inc. identified as Second Amended Use by Special Review No. 842. I believe this now completes all of your requirements concerning information as to the Second Amended Use by Special Review. If there is any other information that you need, please feel free to contact me. Very truly yours, LIND, LAW ENC & OTTENHOFF LLP Kenne . ind KFL/cg Enclosure pc: Tire Mountain, Inc. (w/enclosure) Dwain Immel (w/enclosure) Vern Nelson, P.E. (w/o enclosure) Weld County Department of Planning Services (w/o enclosure) Weld County Department of Public Health & Environment (w/o enclosure) F:VCFLUAMISOMCOLO.PUBLIC.HEALTH 12 31 03 Itr.wpd Weld County Planning Department GREELEY OFFICE FEB 2 4 2004 LIND, LAWRENCE & OTTENHOFF LLP , „ ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 WEB PAGE:LLOLAW.COM 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®Ilolaw.com KELLY J.CUSTER BRADLEY C.GRASMICK February 23, 2004 Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Attention: Sheri Lockman Re: Tire Mountain, Inc. Dear Ms. Lockman: Enclosed please find the original letter dated February 12, 2004 addressed to the Weld County Department of Planning Services regarding the above. We have also enclosed copy of a letter dated February 23, 2004 and attachments sent to Lee Morrison, Assistant County Attorney. If you have any questions or need additional information, please feel free to contact me. Thank you. Very truly yours, LIND, LAWRENCE & OTTENHOFF LLP NC Cindy GobmleW Legal Assistant Enclosure F:UCFL\JAMISOMPLANNING LOCKMAN LTR 2 2004.wpd 02/12/04 THU 08:17 FAX 970 350 1111 LL00 Il 002 February 12, 2004 Weld County Department of Planning Services 1555 North 17'"Avenue Greeley, CO 80631 Attention: Sheri Lockman Re: Tire Mountain, Inc. (Second Amended USR-842) Dear Ms. Lockman: This letter is to ratify, approve, accept and reaffirm on behalf of Tire Mountain, Inc. by its new owner, TM Corporation, all existing agreements, requirements, Conditions of Approval,Development Standards,Second Amended Certificate of Designation,Amended Site Specific Development Plan and Second Amended Special Review Permit concerning Second Amended USR-842. Very truly yours, TM Corporation By: --_ Dwain Immel, President • F:UCFLWAMISOMPCANNING NAMCL LTN.wpd copy LIND, LAWRENCE & OTTENHOFF LLP ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 WEB PAGE:LLOLAW.COM GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND (970)353-2323 KIM R.LAWRENCE (970)356-9160 TELECOPIER P.ANDREW JONES (970)3561111 RICHARD T.LiPUMA ken@llolaw.com KELLY J.CUSTER BRADLEY C.GRASMICK February 23, 2004 Lee Morrison Assistant County Attorney 915 101h Street Greeley, CO 80631 Re: Tire Mountain, Inc. (Second Amended USR-842) Dear Mr. Morrison: The purpose of this letter is to request approval of a minor change regarding the above referenced USR. Specifically, our request is to receive approval of the Board of County Commissioners of Weld County, Colorado to change the designated operator (Certificate of Designation) regarding the above referenced USR. At the present time, the Certificate of Designation as issued by the Board of County Commissioners on October 22, 2003 lists the responsible operator as "Estate of Jarrald Jamison and Faye Jamison, 15721 WCR 10, Fort Lupton, CO 80621". This request is made pursuant to applicable provisions of the Weld County Code and the Code of Colorado Regulations, Department of Public Health and Environment, Waste Management Division, Section 1.3.9(C) [copy enclosed]. As you know,Jarrald Jamison has passed away and the heirs have determined that it was in the interest of the estate to enter into a sale of the operations of Tire Mountain, Inc., including the real property. A contract has been entered into and is scheduled for closing on February 27, 2004. A condition of the closing is to authorize transfer of permits and authorities to the new purchaser and that is the purpose of this request. Specifically, we would request that the responsible operator under the Certificate of Designation be listed as Dwain Immel, 1801 Broadway, Suite 1460, Denver, CO 80202. In support of this request, I am enclosing a copy of a letter dated February 12, 2004 signed by Mr. Immel as President of TM Corporation agreeing to be bound by all existing Weld County standards and requirements regarding Tire Mountain. For purposes of further explanation, please be advised that Tire Mountain, Inc., a Colorado corporation will remain in existence, however, all stock of Tire Mountain, Inc. will be owned by TM Corporation,a Colorado corporation and all stock in TM Corporation is owned by Mr. Dwain F:UtFL\JAMISON MORRISON LTR.wpd Lee Morrison, Assistant County Attorney February 23, 2004 Page 2 Immel who is also the President. As Mr. Immel is the President and Shareholder, he is the proper individual to be named as the responsible operator. Additionally, Mr. Immel has made arrangements with the State of Colorado Department of Public Health and Environment concerning the Financial Assurances and we are providing to you a copy of the Letter of Credit which has been submitted to comply with all State regulations. We have also enclosed copies of letters from the State of Colorado accepting and approving this Letter of Credit and Financial Assurances. The Letter of Credit indicates that Mr. Immel does have the financial ability to operate the facility and we are further advised that no changes will be made concerning the operations of Tire Mountain, Inc. I can also advise you that Mr. Immel and his staff have had the opportunity to review all records and history of Tire Mountain and they are well aware of all existing agreements, requirements, conditions of approval, development standards, permits, plat maps, and all other aspects of the operations of Tire Mountain. In fact, Mr. Immel has worked very closely with the Jamison family over the last month so that he is prepared to take over operations immediately upon closing. As the closing is not scheduled to take place until February 27, 2003, we would request that any change to the Certificate of Designation be conditional pending written notification from this office that the closing has concluded. Additionally, the Certificate of Designation should not be effective until February 27, 2004. If there is any additional information that we can provide to you, please contact the undersigned. Thank you for your attention and cooperation in this matter. Very truly yours, LIND, LAWRENCE & OTTENHOFF LLP Kenneth F. Lind KFUcg Enclosure pc: Tire Mountain, Inc. Dwain Immel Weld County Department of Planning Services FAKFLWAMISOMMORRISON LTR.wpd Feb 17 05 07: 07p Dwain Immel 303-Gytl- rsari r -Agfaiss. CACHE BANK&TRUST . - IRREVOCABLE STANDBY LETTER OF CREDIT DATE: February 17,2004 Director Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 027 ISSUE DATE: 02-17-04 EXPIRATION DATE: 2-17-05 Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. 027 in your favor, at the request and for the account of TM Corporation, 1801 Broadway, Suite 1460,Denver, Colorado 80202 up to the aggregate amount of Three Hundred Fifty Thousand U.S.Dollars $350,000.00, available upon presentation of: (1) Your sight draft bearing reference to this Letter of Credit No. 027, and (2) Your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to regulations issued under authority of the Colorado Solid Wastes Disposal Sites and Facilities Act as amended." This Letter of Credit is effective as of February 17, 2004 and shall expire on February 17, 2005,but such expiration date shall be automatically extended for a period of one year on February 17,2005 and on each successive expiration dates,unless, at least 120 days before the current expiration date, we notify both you and TM Corporation by certified mail that we have decided not to extend this Letter of Credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft,for 120 days after the date of receipt by both you and TM Corporation, as shown on the signed return receipts. Whenever this Letter of Credit is drawn on under and in compliance with the terms of this credit,we shall duly honor such draft upon presentation to us,and we shall deposit the specified amount of the draft directly into the Standby Trust Fund of TM Corporation, in accordance with you instructions,unless an alternate mechanism has been established by the State of Colorado to directly receive monies. 410 17th Street.Suite 100 • Denver,CO 80202 • (303)572-8600 • (303)572-8601 Feb 17 05 07: 07p Dwain 1mmel ��-�� • � �IRREVOCABLE STANDBYSTANDBY LETTER OF CREDIT NO. 027 ISSUE DATE: 02-17-04 EXPIRATION DATE: 2-17-05 Page 2 We certify that the wording of this Letter of Credit is identical to the wording specified as such regulations were constituted on the date shown immediately below. Cache Bank & Trust ��42d 91 By! Richard M. Hall Regional President Cache Bank & Trust 410 Seventeenth Street Denver, Colorado 80202 This credit is subject to the Uniform Customs and Practice for Documentary Credits, (1983 Revision)published by the International Chamber of Commerce Publication#500. CO DEPT HELTH HAZ MAT Fax:3036399833 heti YJ LUU4 I U:49 f. UJ STATE OF COLORADO Bill Owens,Governor -. 'T; Douglas H.Benevento,Executive Director - Dedicated to protecting and improving the health and environment of the people of Colorado4300 Cherry Creek Dr.a. Laboratory Be oes DKeion - ,r Denver,Colorado 80248.1530 8100 Lowry Blvd. Phone(303)892-2000 Denver,Colorado 80280-6928 (A��Department TOD Line(303)891-7700 (303)832-O090 of deDepaalth Located in Glendale,Colorado aodEtllicRalth _. http:Ywww.edphe.etate.eo.us February 23, 2004 Mr. Dwain M. Jmmel,President TM Corporation 1801 Broadway, Suite 1460 Denver, CO 80202 RE: Conditional Approval of Financial Assurance for Tire Mountain Inc. SWWLDTJR1.3 Dear Mr.Immel: The Department has reviewed the Letter of Credit wording for Tire Mountain Inc. and found it to be in compliance with the solid waste.regulations. An originally signed copy of a Standby Trust Agreement is required under Section 1.8.6(A) of the Solid Waste Regulations. The Department hereby conditionally approves your 2004 financial.assurance submittal. Within 30 days of receipt of this letter,please submit an originally sign Trust Agreement to the Department. If you have any questions regarding this letter or financial assurance,please contact me at (303) 692-3350. Sincerely, ��J/�j arwit Mites N • er Administrative Program Specialist. Compliance Program cc: Jim Jamison, Tire Mountain I:\sw\04facorr,p2 CO DEPT HELTH HA? MAT Fax:3036399833 Feb 23 2004 10:48 P. 02 STATE OF COLORADO Bill Owens,Governor S Douglas H.Benevento,Acting Executive Director Dedicated to protecting and Improving the health and environment of the people of Colorado ] 4300 Cherry Creek Dr.5. Laboratory and Radiation Services Division Denver,Colorado 80246-1530 8100 Lowry Blvd. Phone(303)692.2000 Denver,Colorado 80230.6928 Colorado TDD Line(303)691-7700 (303)692.3090 fp�D _ .fiet Located In Glendale,Colorado http://www.cdphe.stareco.us February 20,2004 Certified Mail# 7002 2410 0001 0124 1931 RETURN RECEIPT,REQ'UESTED Resident Vice President Merrill Lynch,Pierce,Fenner& Smith Incorporated c/o Mr.Kenneth Lind Lind,Lawrence&Ottenhoff LLP Attorneys at Law 1011 Eleventh Ave. Greeley, CO 80632 RE: Authorization to Release of Funds from Merrill Lynch, Pierce,Fenner& Smith's Pledge Collateral Account No 416-10122 and Termination of the Collateral Control Agreement dated 11/3/2003 for Faye L. Jamison. Tire Mountain Inc. SW/WLD/TIR/1.3 Dear Resident Vice President: The Department hereby approves the releases all funds and control of the account back to Faye L. Jamison from Collateral Account No 416-10122. The Department hereby terminates the Collateral Control Agreement dated 11/3/2003 and the Security Agreement dated October 2003. The original Collateral Account Control Agreement and Security Agreement are enclosed. The finds are being released per Section 1.8.4(E)(1)because the new owner of Tire Mountain Inc.has provided alternate financial assurance for closure and post-closure care. If you have any questions regarding this matter or thither documentation is needed,please contact Ms. Mira Neumiller at (303) 692-3350. Sincerely, Gary W.Baughman,Director • Hazardous Materials and Waste Management Division cc: Faye Jamison, Tire Mountain I f. 6 Colo. Code Regs. 1007-2 6 CCR 1007-2 1. CODE OF COLORADO REGULATIONS 1000. DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1007. WASTE MANAGEMENT DIVISION Current through December 2003 1007-2. Administrative Information ********* 1.3 SCOPE AND EFFECTIVE DATE 1.3.1 These regulations are based on the authorities defined and established in the Solid Waste Act, 30-20-100.5, et seq. C.R.S. Under that statute, the siting, permitting and regulation of solid waste disposal sites and facilities is an area of dual jurisdiction; that is, both the Department and local governing bodies having jurisdiction have assigned roles and responsibilities. Due to the dual nature of this process, effective coordination and communication are important to both governmental agencies involved in decisions, approvals and enforcement. The department recognizes that a cooperative relationship must be established with the governing bodies having jurisdiction or with the agency or agencies identified by such bodies as contacts for their jurisdiction. However, these regulations cannot and do not assign to any agency authorities not granted them in statute;nor can these regulations negate or change any authority granted to a local agency under any other statute, regulation or ordinance. 1.3.2 The effective date of these regulations shall be October 9, 1993, with these exceptions. (A) The financial assurance requirements contained in Section 1.8 of these regulations shall be effective on the date specified in 2. 30-20-104.5(4) C.R.S. (B) The location, design, operation, closure and post-closure requirements, contained in Sections 3.1, 3.2, 3.3, 3.5 and 3.6 respectively: (1) Shall be effective April 9, 1994, for existing municipal solid waste landfills that have accepted and continue to accept 100 tons of solid waste per day or less; and, (2) Shall be effective October 9, 1995, for existing municipal solid waste landfills that, on or before April 9, 1994, submit an application for a waiver under Section 1.5.3. (C) Provided no solid waste is accepted on or after April 9, 1994, the final cover requirements contained in Section 3.5 shall be effective October 9, 1994, for existing municipal solid waste landfills that have accepted and continue to accept 100 tons of solid waste per day or less. (D) Provided no solid waste is accepted on or after October 9, 1995, the final cover requirements contained in Section 3.5 shall be effective October 9, 1996, for existing municipal solid waste landfills that, on or before April 9, 1994, submit an application for a waiver under Section 1.5.3. (E) Unless a further extension is granted by the Department, the ground water monitoring and corrective action requirements contained in Section 2.2.: (1) Shall be effective October 9, 1994, for existing units or lateral expansions of existing units at municipal solid waste landfills that have accepted and continue to accept 100 tons of solid waste per day or less; and, (2) Shall be October 9, 1995 for new units or lateral expansions or existing units at municipal sold waste landfills that, on or before April 9, 1994, submit an application for a waiver under Section 1.5.3. All extensions of the ground water and corrective action requirements, beyond the dates listed in (I) and (2) above, shall be based upon the criteria specified in 40 CFR 258.50 and shall in no way extend beyond October 9, 1996, or otherwise violate the requirements of Subtitle D of RCRA. (F) In the event an application submitted under subsections (B) (2), (D) or(E) (2) is denied by the Department that municipal solid waste landfill shall comply with all applicable requirements within six(6) months of said denial. 1.3.3 No person shall operate a facility for solid waste disposal, where processing, treatment, or final disposal is performed, at any site without a certificate of designation obtained from the governing body having jurisdiction except as specified in 30-20-102 C.R.S. as amended. 1.3.4 Sites for new solid waste disposal sites and facilities shall comply with these regulations, unless compliance with specific standards is waived by the Department in accordance with Section 1.5 of these regulations. 1.3.5 The construction, operation and closure of all new facilities for solid waste disposal shall comply with designs, specifications and procedures outlined in the certificate of designation application, or in amendments to such applications approved after Department review, and with all applicable local requirements, and with the standards of these regulations. 1.3.6 The construction, operation and closure of all approved facilities for solid waste disposal that were granted a certificate of designation before there were requirements for an engineering design and operations report or that are in operation on the effective date of these regulations, shall comply as a minimum with standards in Section 2 of these regulations. 1.3.7 Solid waste disposal sites and facilities that are exempted from certificate of designation requirements under provisions of Section 1.4 of these regulations shall comply with the applicable standards of these regulations, unless permitted or operated in compliance with regulations pursuant to the "Colorado Mined Land Reclamation Act", Title 34, Article 32, Section 101, et seq., CRS, as amended; or the "Hazardous Waste Act", Title 25, Article 15, Parts 1, 2, and 3, CRS, as amended. 1.3.8 Technical guidelines, including specific technical factors, may be developed and Issued by the Department to assist applicants, local governments, and the public. 1.3.9(A)All solid waste disposal sites and facilities are reviewed and approved for a specific owner/operator; a specific waste stream; a specific design; a specific operation plan. Significant changes to the above are required to be approved by the Department. Such approval or denial shall become a part of the operating record. The information describing changes relating to the above items shall be submitted and described in appropriate detail and in a clear and concise format. This is required in order to maintain current information and status on sites and facilities for monitoring and enforcement purposes. (B) Sites and facilities subject to 40 CFR Part 258 shall submit a compliance information applicable to their site for the compliance plan per Section 3.0. (C)Nothing in this section shall preclude any review action by the local governing authority under 30-20-100.5 et seq. or appropriate local ordinance or rule. 1.3.10 Statements of the basis and purpose for these regulations have been prepared and adopted by the board of health, and hereby incorporated into these regulations by reference, pursuant to the "Colorado Administrative Procedures Act", Title 24, Article 4, Section 103, C.R.S. 1973, as amended. A statement of basis and purpose for each change in the regulations is drafted to give the reasons for the regulatory change enacted. Copies are on file with the Department. 1.3.11 These regulations shall apply to all solid waste disposal sites and facilities as provided for in 3. CRS 30-20-100.5 and herein. (A) The minimum standards (Section Two) shall apply to all sites and facilities. (B) Section 3.0 shall apply to all solid waste disposal landfills and facilities. (C) Sections 4 through Section 13 are specific to specific waste streams and facilities. Section Two is meant to be used in conjunction with all other sections. The Department recognizes that all the criteria may not be applicable to all sites, facilities or waste streams. Hello