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RESOLUTION
RE: APPROVAL OF DISMISSAL OF SHOW CAUSE HEARING - WELD COUNTY
DISPOSAL, INC.
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 , a public hearing was conducted before the Board
of County Commissioners on the 3rd day of October, 1984 , at the
hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the
purpose of considering the revocation of Special Use Permit #454 ,
granted to Weld County Disposal , Inc. , c/o Gary Kennedy, 5019
Weld County Road 35 , Fort Lupton, Colorado 80621 , on the follow-
ing described parcel of land, to-wit:
Part of the NWQ NWa of Section 12 , Township 1
North, Range 66 West of the 6th P.M. , Weld
County, Colorado
WHEREAS , at said hearing the Department of Planning Services ,
pursuant to the findings of the Weld County Health Department that
Weld County Disposal , Inc. is now in compliance, recommended that
this Show Cause Hearing be dismissed, and
WHEREAS , the Board, after considering said recommendation
from the Department of Planning Services , deems it appropriate
to dismiss the Show Cause Hearing scheduled for Weld County Dis-
posal, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the Show Cause Hearing
scheduled to consider the revocation of Special Use Permit #454 ,
granted to Weld County Disposal , Inc. , be, and hereby is , dismissed.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 3rd day of
October, A.D. ,/f1984`. f- BOAR OF TY ATTEST: Gt7 t{ tw. TQ.(n.t-ni WELDDCOUNTY, COLORADOSSIONERS
Weld County (Clerk and Recorder EXCUSED
and Clerk to the Board Norman Carlso , Chairman
Blkl 0i1C 1(.-
Ddputy County Clerk ue ne Jo n on, Pro-Tem
APPROVE AS TO FORM: a/(s"z &ante
Gene R. Brantner
840674
EXCUSED
County Attorney Chuck Carlson F.e_pyy7
J6 n T. Martin
NOTICE OF CONTINUATION
Pursuant to the Zoning laws of the State of Colorado and the
Weld County Zoning Ordinance , a public hearing will be held
in the Chambers of the Board of County Commissioners of Weld
County, Colorado, Weld County Centennial Center, 915 10th Street,
First Floor, Greeley, Colorado, at the time specified. All
persons in any manner interested in the hearing to show cause
are requested to attend and may be heard.
BE IT ALSO KNOWN that the text and maps so certified by the
County Planning Commission may be examined in the Office of
the Clerk to the Board of County Commissioners , located in the
Weld County Centennial Center , 915 10th Street, Third Floor,
Greeley, Colorado.
DOCKET NO. 84-41 Weld County Disposal, Inc.
c/o Gary Kennedy
5019 Weld County Road 35
Fort Lupton, Colorado 80621
DATE: October 3 , 1984
TIME: 2 : 00 P .M.
SUBJECT: Hearing to SHOW CAUSE for revocation of Special
Use Permit #454 - Oil Field Fluids Recycling
and Disposal Site
LEGAL DESCRIPTION: Part of the NWQ NWa of Section 12 , Township
1 North , Range 66 West of the 6th P .M. ,
Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: September 5 , 1984
PUBLISHED: September 6 , 1984
HEARING C.:'2TIFIrATTUN DOC ET NO. 84-41
RE: SHOW CAUSE, WELD COUNTY DISPOSAL, INC.
A public hearing was conducted on October 3, , 1984, at 2:00 P.M. , with
the following present:
Commissioner Norman Carlson, Chairman - Excused
Commissioner Jacqueline Johnson, Pro-Tem
Commissioner Gene Brantner
Commissioner Chuck Carlson - Excused
Commissioner John Martin
Also present:
Acting Clerk to the Rnard, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Planning Department Representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated September 5, 1984, and duly pub-
lished in the TaSalle Leader on September 6, 1984, a public hearing was conducted
to show cause for revocation of Special Use Permit #454 - Oil Field Fluids Recycl-
ing and Disposal Site, issued to Weld County Disposal, Inc. Chairman Pro-Ten
Johnson carnnented on the fact that only three Commissioners were present, stating
that a request could be made that the hearing be continued to another date when
all five Commissioners can be present. Lee Morrison, Assistant County Attorney,
read this hearing into the record. Rod Allison, Planning Department representative,
stated that the Planning Staff is now recommending dismissal of the show cause
action and gave the reasons for this recommendation. Chad Muller, representing
Weld County Disposal, Inc. , came forward to answer questions of the Board. He
stated that they have tried to make this a facility the County can be proud of.
Wes Potter, Weld County Health Department representative, was also present to
answer questions of the Board. Commissioner Martin moved to dismiss the show
cause action against Weld County Disposal, Inc. Commissioner Brantner seconded
the motion, commenting on the improvements Weld County Disposal has made since
this show cause action was brought. Commissioner Martin also commented on
the need for this type of facility in Weld County. The motion carried with a
unanimous vote.
J�j APPROVED:
AriEST:" ' tau ? �� BOARD OF COUNTY COMMISSIONERS
Q WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Bo( ar Norman Carlson
i�eputy County C erk J.y el'Sr John.o' , Pro-Ten •
. IYM41(J W�
Gene R. Brantner
EXCUSED
Chuck Carlson
.7)
Jojt T. Martin
TAPE #84-59
DOCKET #84-41
LHR 1010
ATTENDANCE RECORD
DATE: October 3, 1984
TODAY' S HEARINGS ARE AS FOLLOWS :
Docket #84-41 - Show Cause, Weld County Disposal, Inc.
Docket ;;84-56 - PUD Final Plan, William Ray Adams , Sr.
Docket #84-59 - USR, R.A. Resources
Docket #84-60 - USR, Rodney L. Dornan
Docket #84-61 - USR, Melvin Johnson & Charlotte Watkins
PLEASE write or print legibly your name, address and the DOCKET # (as listed
above) or the applicant' s name of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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Affidavit of Publication
S.A= OF COLORADO. 1 LEGgL
County a< wad. ) NOTICE
NOtlt pF CONTINUATION
Pursuatq fo the Zoning laws of me
L Paul Massey of
County cob :Z Tell the r the
said County at Weld. Ming duly swam. say that -hearing will be hening dinance,ac Public
1 am publisher al hers of the 6'1d ^ the Chant-
$ Colorado, Ns w -Weld County
Za alle Leader Weltl County��t �,al.CColored°,
lHh Street, enter,915
that the same is a weekly newspaper of genera! 2olorado,at Flraf Flo•r, Greeley,
&:siltation cad printed and .published in the persons inen*Me Nme or. Greeley,
All
town La balle the hears manner interested in
rM,, . show cause are
. •tn d county and state: that the notice or adver- heard. 10 attend and may be _
usamenl. at which the annexed is a true copy. BE IT ALSO KNOWN the-text
has been published in said weekly newspaper a dlmi gs sC��tn Bed Inc that heunty
for one ambled in t(j mission-maY be ex. '
the Boa a Office of the clerk to
weeks: that the nonce wee published an the .Cers,entennial nity0 Weld commission.
regular and entire issue at every number of saidN
newspaper during the Third FI Cwnfer, 915 10th Street,
period end time at pubh cart:GibeeleY,Col .1
cation of said notice and in the newspaper DOCKET NO. M-bl
peeper and not in a supplement thereoh that the
Weld County Disposal,Inc.
!teat publication ol said notice was contained m co Gary Y Kennedy
the issue of said, newspaper Marina dale. the Fort Lupton
old County Road 35
6 day of September A.r.. f98� DATE: Octoberpf: ,Comraaoa06?7
and the last public-sum thucct. in $s issue at L 19eb
•
-O TIME: 2:00 P.M .
said-newspaper bearing data. a ..�- day et
September , I98 : that the said SUBJECT: Hearin
CAUSE for revaatton of SSHOW
_Use Permit No. ass Oil Pecial
la Salle Leader Fluids Recycling antl Ots o Field
P sal Site
has been published continuously and uninterrupb LEGAL DESCRIPTION
wily during the period of at least ffltytwa con. Part of the NWW NWVs of section
seNnw weeks next prior to the first issue thereof 13, Township 1 North, Range bb
containing said acute or advartsemerst above West of the 6th P.M.,Weld County,
Coloratlo
referred tat and that said newspaper was at the '
lime of each of the publicadoas of said nonce. BOARD OF COUNTY
-WELD cad OMMI5510NERS
duly Codified for that Purpose within the mean-
NTY,COLORApO
inq of an act. entitled -An Act Concerning Legal BY:MARY ANN FEUERSTEIN
Notices. Advertisements and Publications. and COUNTY CL
ERKAND
the Fees at Printers and Publishers thereof. and RECORDER 4ND CLERKto
to Repeal all Acts and Parts of Acts in Conflict • THE BOARD
with the Ptoviaiaaa d this AR'approved April 7. BY:Mary Reiff,Deputy
1921. and aft amendments thereof. and parncu• DATED: September S, 7980
tarty cs amended by as cat approved. March 3.i. published in the
Thursda LaSalle Leader
t4 -sr� s'l'eety/yepproved 18. 1931. Y.september. lyq,
G �..
ublisMry
Subscribed and s•.v n t before me this
day of_Y.)�o n A.D. 19t
My cmth sa:eh errjires .. 7 J --?
Notary Public
James W. Smith, Attorney, Inc.
J 5220 N. 81 Highway, Enid, OK. 73701
�- (405) 242-0060
May 27, 1983 �� 1 lg,3 ry / '
� G
P/annm!0wn.
Department of Planning Services W e�Co sio
Attn: Rod Allison
915 Tenth St.
Greeley, Co. 80631
Re: Weld County Disposal Inc.
Dear Mr. Allison:
Pursuant to our telephone conversations of the past few weeks,
my cli-ent, Weld County Disposal Inc. , would like to make the
following proposal regarding alleged deficiencies at their site:
1 . Weld County Disposal Inc. , effective June-1 , 1983, will cease
its operations as a salt water receiving facility for a period of
ninety (90) days, unless permission to reopen is given by the Weld
County Health Department. >
2. Weld County Disposal Inc. will cause Evaporative Pond6C1 to be
idrained into Evaporative Pond D with the intent of determining the
effectiveness of the liner in Evaporative Pond C.
3. Weld County Health Department will be given the right to take
such samples at the site as they determine to be necessary in order
to analyze the effectiveness of the disposal facility. They will also
be allowed to examine the corporation's water hauling records as
they desire.
I believe this proposal to be a fair one. It gives my client the
-opportunity to determine what needs to be done to the facility to
make it effective and it diminishes any further drainage that might
be occurring at the site. This proposal does not compromise your
position since the continued 'hearing can always be reset and the
facility closed if warranted.
I believe my client to be sincere in its efforts to cure any problems at
the site. I urge you to consider this proposal favorably.
Yours very truly,
-I(X, \ >d i
pAMES W. SMITH
JS:bs
Weld County Disposal Inc.
Road 35
Fort Lupton, Color-ado
July 23, 1983
Dr. Ralph Wooley
Director, Weld County Health Dept.
Greeley, Colorado
Dear Dr. Wooley,
-In response to the letter from Mr. Jim Smith regarding the voluntary
closure of the Weld County Disposal -Inc. facility, we agree to the
following conditions for reopening the facility:
1) Construction of a pond level monitoring device for all ponds in use.
2) Maintenance of six operable monitoring wells with proper design.
3) Monitoring evaporation rates of all ponds in use in order to evaluate
the integrity of all liners. Water levels in ponds C & D will also be
monitored.
4) Removal of oil from thesettling pond during initial stages of operation
followed by a cleanup and closure of this type of settling pond. Cleanup
and closure to be completed by November 15, 1983.
5) Installation of a three-stage oil skimming facility composed of a concrete
lined dumping pit followed by transfer to two steel tanks where additional
-oil will be separated. Pipelines will be in place to fill ponds separately.
6) Use of oil-containment ballasts across the surface of all ponds to _remove._
accumulated oil as needed. The purpose of which is to skim oil from the
surface.
7) Construction of an improved spillway containing rip-rap in order to prevent
erosion of the dike and liner.
8) Repair existing liner in Pond A and agree not to use until the integrity of
the liner is assured.
In addition, the owners and operator of this facility agree to:
1) Maintain accurate and permanent records of a water balance in all ponds in
use to assure that no significant leakage in those ponds occurs.
2) Monitor and evaluate the groundwater flow and quality on a regular basis
by a qualified independent professional.
3) Have a local management figure to maintain the facility and properly skim
incoming water to remove as much oil as possible. This maintenance shall
also include keeping a freeboard as required in special use permit SUP-454:80:44
and not using a leaking pond.
Lastly, the owner and operator of the facility agrees to voluntary closure,
if the agreements stated above are proven by the Commissioners, the Director
of the Weld County Health Department, and/or the management of the Weld County
Disposal Inc. facility.
Based on these agreements, we respectfully request permission to reopen
the Weld County Disposal Inc. facility and begin to service the needs of
the people of Weld County again.
Sincerely,
Mr. G Harvey
_Owner and President
Weld County Disposal Inc.
/ !
Weld County Disposal Inc.
Road 35
Fort Lupton, Color-ado
July 23, 1983
Dr. Ralph Wooley
Director, Weld County Health Dept.
Greeley, Colorado
Dear Dr. Wooley,
Upon -the reopening of our brine-disposal facility, the operator of
said facility agrees to operate and maintain the facility in the
following manner.
The management of Weld County Disposal Inc. will have a person on-
site wring all hours the facility is open. This person will ensure that
-the facility recieves only authorized liquids. In addition, -this person
shall operate -the new three-stage oil skimming equipment efficiently
and properly so as to ensure a minimal oil layer on the Evaporation
ponds. In the event that a significant oil layer accumulates on the
surface of an evaporation pond, it will be concentrated with a contain-
ment ballast and removed with an appropriate vacumn mechanism.
The management of Weld County Disposal Inc. realizes the need to
assure the people of Weld County as to the integrity of the facility and
therefore will perform a routine groundwater evaluation and monitoring
program, run by a qualified professional. This ongoing program will in-
volve the use of at least six operable monitoring wells in accordance
with the guidelines set by the Director of the Weld County Health
Department. An evaluation of the -existing groundwater at the site has been
done in cooperation with Mr. Wes Potter of the Weld County Health
Department. A more detailed evaluation, including the analysis of
appropriate chemical species beyond those suggested by the Weld County
Health Department will be performed quarterly on both the monitoring
wells and the ponds currently in use. In addition -to the chemical study,
the groundwater potential head for each well will be recorded for future
reference. The results of these studies will be submitted to the
Director of -the Weld County Health department.
The on-site manager of the disposal facility shall determine the
water levels of all ponds daily and record this information in a log
book. The on-site manager will also maintain accurate daily records of
all liquids disposed of at the site.- Included in these records will be
the following information: (1) amount of liquid received; (2) source of
said liquid; and (3) carrier and driver of the -liquid. All of the in-
formation obtained will be recorded in a central log book and will be
available to Health Department representatives on request.
at to time will the management of the Weld County Disposal Inc.
use any pond suspected of liner failure for disposal of any liquids until
conclusive evidence is presented to the management of Weld County Disposal
Inc. and the Director of the Weld County Health Department to prove the
integrity of the liner. Management of this facility will also maintain
at least three feet- of freeboard on all ponds at all times in accordance
with the regulations specified in special use permit SUP-454:80:44. In
the event that the Director of the Weld County Health Department has
reason to request such, the operator and owner oT the Weld County Disposal
Inc. facility agrees to voluntarily close the facility from accepting
brine water until such time that the facility is determined to be in
compliance with the development standards and operations agreement . With
this voluntary closure agreement, the owner of this facility realizes
that the reasons for closure will be restricted to the following:
(1 ) Receiving unauthorized liquids or materials.
(2 ) Visible failure of a pond liner, dike, or pond overflow.
(3) Excessive -oil on top of an evaporati-on pond.
(4) Surface spill of Apia or trine water ideemed significant enough
to create a -health hazard.
(5 ) Groundwater contamination -due to one or all of the above Tour
items.
The management of the Weld County Disposal Inc. facility look
forward to a sustained working relationship with the people of Weld County.
Sincerely,
Mr. G Harvey
Owner and -Preside
Weld County Disposal Inc.
Hello