HomeMy WebLinkAbout800305.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN COLORADO LANDFILL, INC. AND
THE COLORADO DEPARTMENT OF HEALTH AND AUTHORIZATION FOR
CHAIRMAN TO SIGN THE SAME.
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, an agreement between Colorado Landfill, Inc . and
the Colorado Department of Health has been presented to the Board
of County Commissioners of Weld County, Colorado, and
WHEREAS, the purpose of said agreement is to resolve the
dispute between the State and the Landfill concerning the pro-
posed design and operation of the southwest Weld County Landfill,
and
WHEREAS, the Board has studied said contract and deems it
advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement between
Colorado Landfill, Inc. and the Colorado Department of Health
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman of
the Board be, and hereby is, authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 2nd day of
April, A.D. , 1980.
BOARD OF COUNTY COMMISSIONERS
ATTEST: A►•A0,,/j WELD COUNTY, COLORADO
1
Weld County Clerk and Recorder ff./C- < (7
and Clerk to the Boar C . 0 Kirby, thairman
eputy Count Jerk Leonard L. Roe, Pro-Tem
A PRO/D AS TO FO RM: _ 0•4444---
Norman Carlson
O
County Attorney
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800305
PL0631
DATE PRESENTED: APRIL 2 , 1980
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A_G_R_E._E_H_E_N_T
THIS AGREEMENT made and entered into this aZticlay of
March, 1980, by and between Colorado Landfill , Inc . , a Colo-
rado corporation, hereinafter referred to as "Landfill ,"
and the State of Colorado, Department of Health, hereinafter
referred to as "state."
WHEREAS , there is cur-rently pending in the District
Court in and for the County of Weld and State of Colorado,
Civil Action No. 79-CV-860 in which Landfill and state are
parties, specifically, Landfill being a defendant, and state
being a plaintiff ; and
WHEREAS , the purpose of this agreement is to resolve
the dispute between the state and Landfill concerning the
proposed design and operation of the southwest Weld County
Landfill. (hereinafter referred to as "Erie site") ; and
WHEREAS , in order to resolve the aforesaid dispute,
the state and Landfill agree to establish a committee to
determine whether or not a bird hazard to aircraft ( as de-
fined in paragraph 23 hereof ) will result from operation of
the Erie site and to comply with procedures for closure of
the site while, if ever , such bird hazard exists ; and
WHEREAS , the state, pursuant to this agreement, now
agrees to recommend approval for the issuance of the certifi-
cate of designation for the Erie site, subject to compliance
with the terms and conditions of the agreement by Landfill ;
and
WHEREAS , it is recognized that the Board of County Com-
missioners of Weld County, Colorado, has issued a certificate
of designation to Landfill for operation of the Erie site,
and that while this agreement may not be made a specific con-
dition of said certificate of designation , the Board of
County Commissioners of Weld County , Colorado, hereinafter
referred to as "Weld County, " by its acceptance and approval
of this agreement, agrees to accept and recognize the terms
and provisions of this agreement between Landfill and state,
and to be bound thereby; and
WHEREAS, the purpose of this agreement is to ensure
that the design and operation of the landfill be in compli-
ance with the rules and regulations of the Department of
Health concerning minimization of nuisance conditions and
compliance with applicable .zoning laws and ordinances (6
C .C .R. 1007-2 , sec. 3c. and e. ) ;
NOW, THEREFORE, it is agreed that:
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1 . An advisory committee shall be appointed to
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begin work within IJ days from the date of the signing of
this agreement. The committee shall :
a. do a base study of the existing bird popu-
lation of the Erie site and surrounding locale prior to the
commencement of actual fill operations at the Erie site, as
set forth below ( "base study" ) ;
b. do a study of the Erie site and surrounding
locale during fill operations , as set forth below ("study
during operation" ) ;
c. do a compliance study, if determined to be
necessary, to determine whether any increased bird population
in the area is due to operation at the Erie site and poses
a hazard to aircraft, as set forth below ("compliance study") ;
d. report its findings to the state in order
for the state to determine whether a bird hazard to aircraft
exists.
2 . The state may, upon receiving reports from the
committee, order emergency closure of the Erie site, as set
forth below.
3. Review of the operation of the Erie site for
bird hazards to aircraft shall continue during operations
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of the fill after the above-referenced initial studies and
reports have been completed.
4. Failure to comply with the terms and conditions
of this agreement shall be deemed a violation of the rules
and regulations of the Department of Health concerning solid
wastes disposal sites and facilities.
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5. The advisory committee shall consist of three
members. State and Landfill shall each select one committee
member, and the third shall be selected by a third party ac-
ceptable to both the state and Landfill (as . , the United
States Environmental Protection Agency), If a third commit—
tee member is not obtainable, the committee shall consist
of two members. Each party shall pay the expenses of their
respective committee member (e.g. , professional fees, Cf6C, ) .
Landfill shall pay all necessary and reasonable costs incur—
red by the committee to prepare the committee studies and
reports (e.g. , reproduction and distribution of reports,
6. It shall be the responsibility of the committee
to determine and establish a "working agreement" as to how
the committee shall design and supervise the studies and
make its reports. The provisions of the working agreement
snall be agreed upon among the committee members , subject
to acceptance and approval by the parties to this agreement ,
which shall not be unreasonably withheld. The committee
shall have access at all times to the Erie site, and all par-
ties hereto agree to fully cooperate in all possible ways
with the committee.
7. At any time in the discretion of the committee
or upon the reasonable request by state or Landfill , the com-
mittee may issue preliminary reports concerning observed
data and any findings of the committee as to the operations
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* or the two committee members may select a third committee member acceptable to
both State and Landfill .
of the landfill .
8. A three-member committee shall operate by major-
ity rule on all determinations. Each committee member shall
have one vote. If a third member of the committee cannot
be selected and the committee operates with two members,
determinations shall be made by agreement of the two members.
Opinions of each of the two members shall be reported sepa-
rately if the two members cannot reach agreement between
themselves.
9. In the event of the resignation of any of the
committee members , the party which appointed said committee
member shall appoint another representative within thirty
( 30) days of the vacancy occurring.
10. After the committee has established the working
agreement and provisions for functioning of the committee,
the committee shall undertake a base study of the Erie site
and surrounding locale within a distance as agreed upon by
the committee members. The base study is to determine the
number and species of natural population of birds at the
site of the proposed landfill and surrounding area prior to
operation of the landfill and to ascertain whether any sig-
nificant increase in the number of birds of any species
which may present a hazard to aircraft results from the oper-
ation of the landfill .
11 . The initial base study shall be completed on a
date selected by the committee, but not later than November
1 , 1980.
12. It is agreed that Landfill will not operate the
landfill prior to the date specified pursuant to paragraph
11 of this agreement. The committee shall continue to ac-
quire base study data, subsequent to the date specified ac-
cordiny to paragraph 11 of this agreement, even though the
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landfill may be in operation. The committee shall determine
to the best of its ability what effect, if any , the landfill
operations have on the base study and the committee shall
modify its base study accordingly.
13. The final base study shall be completed on or
before a date set by the committee. After completion of
said base study, a report setting forth the findings and con—
clusions of the study shall• be prepared and presented to
the parties to this agreement.
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14. At the time Landfill commences operations at
the Erie site or soon thereafter , the committee shall do on-
site and area studies in order to determine whether or not
the ongoiny operations attracts birds . and to ascertain the
numbers and species of birds attracted and times of attrac-
tion during the year . It shall be the responsibility of
the committee to determine how the study is conducted during
operations.
15. This study during operations shall commence et
the time the committee determines, and it may be done either
while the base study data is still being accumulated or
after the base study is completed.
16. The study during operations shall be completed
on a date agreed to by the committee.
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17. Based upon the base study and the study during
operations completed by the committee, the committee shall
determine whether or not the natural bird population for
each species present in significant numbers in the area
during landfill operations is greater than. less than, or
similar to bird populations in the area prior to operations .
The committee shall , to the extent possible, quantify any
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increase or decrease in population and shall report its
investigative findings and conclusions to the parties to
this agreement.
18. If it is determined by the committee that the
population of the species of birds that may present a hazard
to aircraft during landfill operations is less than or simi -
lar to the population of such birds in the area prior to
landfill operation, it shall be concluded that the Erie
site is in compliance with relevant federal and state cri -
teria pertaining to bird hazards to aircraft.
19 . If the committee determines that the population
of species of birds that may present a bird hazard to air-
craft during landfill operations is greater than the natural
populations in the area for any such species prior to opera-
tions, the committee shall report said information to the
state and Landfill . The committee shall then proceed with
a "compliance study." The compliance study shall determine
whether or not the increase in the population of the birds
attracted to the area is due to operation of the landfill ,
any if so, whether the birds constitute a hazard to aircraft.
20. The committee shall report the results of its
compliance study to the parties to this agreement.
21 . The compliance study shall be an ongoing study.
Information obtained during the base study and the study
during operation shall be utilized for the compliance study.
22 . If the committee' s findings are inconclusive,
the committee shall proceed with further studies to determine
what effect. if any, the operation of the Erie site has on
the area' s bird population and. if there is an increase in
the bird population, whether it presents a hazard to air-
craft.
23. Based upon the studies and data gathered by the
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committee, the committee shall then report to the parties
of this agreement their findings on whether or not the opera-
tion of the landfill is resulting in a "bird hazard to air-
craft" -- 'La. , a significant increase in the population of
birds that may present a hazard to aircraft insofar as they
create an increase in the likelihood of bird-aircraft colli-
sions that may cause damage to the aircraft or injury of
its occupants . This report shall be completed and provided
to state, county and Landfill .
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24. The committee, if requested by state or Landfill ,
shall undertake an annual review of conditions at the Erie
site to determine whether their conclusions as to the exist-
ence or nonexistence of a bird hazard to aircraft remains
valid. The committee shall report its conclusions to the
parties to this agreement . Said review and subsequent report
shall be conducted and completed by the committee pursuant
to agreement among the committee members .
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25. If at any time during operations of the landfill ,
the committee ascertains that certain conditions exist such
that the facility is posing a bird hazard to aircraft (as de-
scribed in paragraph 23 hereof ) for any reason whatsoever .
whether due to operating techniques , types of waste, climatic
conditions, or otherwise. the committee shall immediately
report the same to state and Landfill . If the state deter-
mines, either independently or based upon the report from
the committee. that a bird hazard to aircraft exists and
that cessation of landfill operations at the Erie site will
abate such hazard. the state may order Landfill to. and if
so ordered Landfill shall , immediately close landfill opera-
tions at the Erie site.
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26. In the event of an emergency closure . Landfill
shall develop a plan for the abatement of the hazardous con-
and the committee
dition. State 'shall render assistance to Landfill to assist
them in the development and implementation of said plan.
27. Landfill may resume operation when the state
has determined that the hazardous conditions have been elimi-
nated.
ADaliLaUilitZ
28. This agreement shall bind and inure to the bene-
fit of the heirs, executors , personal representatives . suc-
cessors and assigns of the respective parties.
IN WITNESS WHEREOF, the parties hereto have executed
tnis agreement in duplicate as of the day and year first
above written.
STATE OF COLORADO COLORADO LANDFILL , INC .
DEPA ENT OF HEALTH
APPROVED: BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY
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By:
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CNR/364/CW
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