HomeMy WebLinkAbout20003044.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE FOR SPECIAL USE
PERMIT#454 - HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL
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, notice was given that a Probable Cause Hearing, pursuant to Section 81 of
the Weld County Zoning Ordinance, would be held before the Board concerning Special Use
Permit#454 issued to Howard Duckworth, dba Weld County Waste Disposal, Inc., and
WHEREAS, at a hearing before the Board on February 8, 1995, staff presented a letter
from Richard Judd, Attorney representing Mr. Duckworth, requesting a continuance of this
matter to March 1, 1995, due to a scheduling conflict, and
WHEREAS, at said hearing on March 1, 1995, the Board deemed it advisable to
continue this matter to May 17, 1995, at 9:00 a.m., to allow staff to supplement notice regarding
impacts to groundwater and failure to pay solid waste surcharge and to allow the Permittee to
prepare for those issues, and
WHEREAS, at said hearing on May 17, 1995, Mr. Judd was present, and the Board
heard all of the testimony and statements of those present, studied the recommendations of the
Weld County Planning and Health Department staff and all of the exhibits and evidence
presented in this matter and, having been fully informed, again deemed it advisable to continue
said matter to August 2, 1995, at 9:00 a.m., based upon staffs recommendation, to allow time
for the global settlement of all regulatory and other issues existing to be completed in writing
and result in a compliance order upon consent by the Colorado Department of Health, Weld
County Health Department, and Weld County Waste Disposal, Inc., and
WHEREAS, at said hearing on August 2, 1995, Mr. Judd was not present, and the
Board heard all of the testimony and statements of those present, studied the
recommendations of the Weld County Planning and Health Department staff and all of the
exhibits and evidence presented in this matter and, having been fully informed, again deemed it
advisable to continue said matter to February 21, 1996, at 9:00 a.m., based upon staffs
recommendation, to allow time for the interim control measures and site characterization to be
completed pursuant to the United States Environmental Protection Agency Administrative
Compliance Order and for the issue concerning land application of waste on the "Martin"
property to be further evaluated by the landowner and negotiations completed to bring the
property into compliance with the requirements of Colorado Department of Health, Weld County
Health Department, and Weld County Planning Department, and
((- • Az _JCt(,e,i),)r/4J )z (,51 ie 2000-3044
PL0447
PROBABLE CAUSE HEARING FOR SUP#454 - DUCKWORTH/WCWD
PAGE 2
WHEREAS, at said hearing on February 21, 1996, the Board heard all of the testimony
and statements of those present, studied the recommendations of staff from the Weld County
Departments of Planning and Health and all of the exhibits and evidence presented in this
matter and, having been fully informed, again deemed it advisable to continue said matter to
February 26, 1997, at 9:00 a.m., to allow site characterization and interim control measures to
continue, in accordance with the EPA Order and to allow time for final measures to be
completed, and
WHEREAS, at said hearing on February 26, 1997, the Board was advised by staff that
cleanup of the site by H S Resources, Inc., and Amoco Production Company is slowly
progressing and site characterization and interim control measures are proceeding in
accordance with the EPA Order although it will be five or six years before final measures are
completed and, having been fully informed, again deemed it advisable to continue said matter,
to February 25, 1998, at 9:00 a.m., and
WHEREAS, at said hearing on February 25, 1998, the applicant was not present or
represented, and the Board studied the recommendations from the Weld County Departments
of Planning and Health staff and deemed it advisable to again continue said matter to
February 24, 1999, at 9:00 a.m. to allow site characterization and interim control measures to
continue, in accordance with the EPA Order and to allow time for final measures to be
completed, and
WHEREAS, at said hearing on February 24, 1999, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Health staff and once again deemed it advisable to continue said matter to February 23,
2000, at 9:00 a.m., to allow site characterization and remediation measures to continue, in
accordance with the EPA Order, as well as to allow time for final measures to be completed.
WHEREAS, at said hearing on February 23, 2000, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Public Health and Environment staff and once again deemed it advisable to continue said
matter to December 11, 2000, at 9:00 a.m., to allow the Colorado Department of Public Health
and Environment and the County to evaluate other potential enforcement action in accordance
with the Solid Waste Act.
WHEREAS, at said hearing on December 11, 2000, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Public Health and Environment staff and once again deemed it advisable to continue said
matter to December 10, 2001, at 9:00 a.m., to allow the property owner adequate time to
complete the closeout activities at the site.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that this matter be, and hereby is, continued to December 10, at 9:00
a.m.
2000-3044
PL0447
PROBABLE CAUSE HEARING FOR SUP #454 - DUCKWORTH/WCWD
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: Le
arbara J. meyer, C air
Weld County Clerk to t >'o• �
,1861 ,-
(Them� M. J. ile, Pro-Tern
BY: /� �•� ._.... la�sk 1 /
Deputy Clerk to the,�r ' �� % � P /XU h� / orgeeBaxter r' 1
APPROVEB�S TO FOR I:
-vim`ale K. Hall
aunty Attorney EXCUSED
Glenn Vaad
2000-3044
PL0447
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