HomeMy WebLinkAbout20010286.tiff RESOLUTION
RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW PERMIT#1198 FOR AN OIL AND GAS SUPPORT AND SERVICE
FACILITY (BRINE WATER DISPOSAL) - ENVIRO-CYCLE, LLC, C/O MIKE CERVI
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, on January 15, 2001, a Probable Cause hearing was held before the Board
to consider setting a Show Cause Hearing to determine whether or not Enviro-Cycle, LLC, was
in compliance with certain Development Standards for Use by Special Review Permit#1198,
and
WHEREAS, at said hearing the Board deemed it advisable to continue said matter to
January 29, 2001, to allow Enviro-Cycle, LLC, adequate time to address and resolve the
violations and determine authority on the frac tank cleaning at the site, and
WHEREAS, at said hearing on January 29, 2001, Enviro-Cycle, LLC, was represented
by Mike Cervi, and
WHEREAS, the alleged violations were said to be occurring on property described as
part of the N1/2 NW 1/4 of Section 32, Township 4 North, Range 65 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, after review, the Board finds that pursuant to Section 2-4-40.C,
Weld County Code, there are reasonable grounds for belief in the existence of facts which
warrant scheduling a Show Cause Hearing to consider whether or not the Use by Special
Review Permit#1198 issued to Enviro-Cycle, LLC, should be revoked for failure to comply with
certain Development Standards, and
WHEREAS, the Board shall hear evidence and testimony from all interested parties at
said Show Cause Hearing scheduled for April 30, 2001, at 10:00 a.m.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not
the Use by Special Review Permit issued to Enviro-Cycle, LLC, should be revoked.
BE IT FURTHER RESOLVED by the Board that the issue to be considered by the Board
at said Show Cause Hearing is whether or not the permit holder is in compliance with the
following Standards:
1) Standard #3 - The facility shall be constructed and
operated to ensure that contamination of soil and
groundwater does not occur.
2001-0286
/,00 ' f,'/e PL PL1259
RE: SET SHOW CAUSE HEARING - ENVIRO-CYCLE, LLC, C/O MIKE CERVI
PAGE 2
2) Standard #4 -A manager, knowledgeable in operating an
injection well, shall be on site when the facility is receiving
waste.
3) Standard #6 -A four-foot square sign, not to exceed 16
square feet, shall be posted at the entrance gate listing
wastes accepted, hours of operation, 7:00 a.m. to 7:00
p.m., and twenty-four hour emergency telephone number.
4) Standard #7 -Any wastes generated on the facility shall be
disposed in accordance with the Colorado Solid Waste
Act, Section 30-20-100.5, C.R.S., or other appropriate
rule, regulation, or law.
5) Standard #13 -The facility must be entirely fenced and
shall maintain locking gates during periods when the
facility is closed.
6) Standard #15 - This facility must comply with the laws,
standards, rules and regulations of the Air Quality Control
Commission, the Water Quality Control Commission, the
Hazardous Materials and Solid Waste Division, the
Colorado Oil and Gas Conservation Commission, any
other applicable agency, and all applicable Weld County
zoning laws and ordinances.
7) Standard #16 -Any petroleum contaminated soils on the
facility shall be removed and disposed in accordance with
all applicable rules and regulations.
8) Standard #17 -The concrete receiving pad shall be
cleaned at a frequency that prevents oils and other wastes
from building up on the pad. At a minimum, the pad shall
be washed daily, with a jet hose to remove any waste
build-up.
9) Standard #31 - The Special Review area shall be limited to
the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations.
Substantial changes from the plans or Development
Standards as shown or stated shall require the approval of
an amendment of the Permit by the Weld County Board of
Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning
Services.
2001-0286
PL1259
RE: SET SHOW CAUSE HEARING - ENVIRO-CYCLE, LLC, C/O MIKE CERVI
PAGE 3
10) Standard #32 - The property owner or operator shall be
responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for
revocation of the Permit by the Board of County
Commissioners.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing
shall be April 30, 2001, at 10:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of January, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
�J WELD CO , COLORADO
ATTEST: �,. _/,y0 M. J. eile, C .ir
Weld County Clerk to the BF��ti
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lenn V-(I ad, _ -
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BY:
Deputy Clerk the B '1- . iptI 4
Jerke
APP OV TO FORM: o.k E Air\
Co my A torney Da�on V r -
Robert D. Masden
2001-0286
PL1259
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