HomeMy WebLinkAbout871858.tiff DEPT --MENT OF PLANNING SERVICE
PHONE(303)356.4000 EXT.44
\ 1411
• 915 10th STRE
GREELEY,COLORADO 806
•
COLORADO
November 16, 1987
Best-Way Paving Company
Attn: Thomas A. Connel
P.O. Box 3189
Greeley, CO 80633
Re: Tire Storage located in part of the NEi of Section 2, T5N, R66W of the
6th P.M., Weld County, Colorado.
Dear Mr. Connel:
The Weld County Health Department requested that the Department of Planning
Services' staff review your November 4, letter to determine if the tire
storage is in compliance with the Weld County Zoning Ordinance. The storage
of tirs, as you described in your letter, is in compliance with the Weld
County Zoning Ordinance and is not considered a major change to Special Use
permit #466.
Should additional tires be stored on the property, the Department of
Planning Services' staff would need to determine if the additional tires
would also be in compliance with the Weld County Zoning Ordinance and
Special Use permit #466.
If you have any further questions, please call or write.
Sincerely,
Keith A. Schuett
Current Planner
KAS:rjg
pc West Potter, Environmental Health
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COLORADOWELD COUNTY HEALTH DEPARTMENT
ALICE J. RINEBOLD
ENVIRONMENTAL HEALTH SPECIALIST
1518 HOSPITAL ROAD
GREELEY,COLORADO 80631 (3031353-0635
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{ DEPARTMENT OF HEALTF
160 1516 HOSPITAL ROM
GREELEY, COLORADO 8063
ADMINISTRATION (303)353-058(
HEALTH PROTECTION(303)353-063:
COMMUNITY HEALTH(303)353-063(
O Certified #310 899 933
• Legal Action #120-87-
COLORADO -
August 20, 1987
Best Way Paving Company
131 N. 35th Avenue
Greeley, CO 80631
Dear Sir: -
An inspection of the property at 131 North 35th Avenue, Greeley, Colorado in
Weld County, Colorado, showed that a portion of that property was being used
as a waste disposal site. The inspection made on August 7, 1987 by Alice
Rinebold, Environmental Specialist, revealed large accumulations of waste
tires stockpiled over an embankment at the facility.
Your attention is directed to Chapter 30, Article 20, Section 102, C.R.S. 1973
as amended, which states in part as follows:
30-20-102. UNLAWFUL TO OPERATE SITE AND FACILITY WITHOUT CERTIFICATE OF
DESIGNATION - EXCEPTIONS.
(1) Any person who operates a solid wastes disposal site and
facility in the unincorporated portion of any county shall -
first obtain a certificate of designation from the board
of county commissioners of the county in which such site
and facility is located.
(2) Solid wastes disposal by any person within the incorporated or unincorporated portion of any county is
prohibited except on or at solid wastes disposal site and
facility for which a certificate of designation has been
obtained as provided in Section 30-20-105 or which has
been approved by a city, city and county, or town within
the boundaries of which the site and facility are
situated.
(3) Notwithstanding the provisions of subsections (1) and (2)
of this section, any person other than a governmental unit
may dispose of his own solid wastes on his own property,
as long as such solid wastes disposal site and facility
complies with the rules and regulations of the department
and does not constitute a public nuisance.
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Page 2 -
Best Way Paving Co.
August 20, 1987
Also, this site does not conform to the minimum standards described in Section
110 of the above mentioned act in that it does not prevent water pollution,
minimize nuisance conditions, prevent ponding, provide compaction and have
adequate cover. Section 30-20-110, Section b & d state:
(b) "Such sites and facilities shall comply with the health laws,
standards, rules, and regulations of the department, the Water
Quality Control Commission, and all applicable zoning laws and
ordinance."
(d) "A site and facility operated as a sanitary landfill shall provide
means of finally disposing of solid wastes on land in a manner to -
minimize nuisance conditions such as odors, windblown debris,
insects, rodents, and smoke; and shall provide compacted fill
material; shall provide adequate cover with suitable material and
surface drainage designed to prevent ponding of water and wind
erosion and prevent water and air pollution; and, upon being filled,
shall be left in a condition of orderliness and good esthetic
appearance and capable of blending with the surrounding area. In
the operation of such a site and facility, the solid wastes shall be
distributed in the smallest area consistent with handling traffic to
be unloaded; shall be placed in the most dense volume practicable
using moisture and compaction or other method approved by the
department; shall be fire, insect, and rodent resistant through the
application of an adequate layer of inert material at regular
intervals, and shall have a minimum of windblown debris which shall
be collected regularly and placed into the fill."
This site is in violation of the above mentioned sections of the act. You are
hereby ordered to cease using this site as a disposal facility and to cease
transporting and hauling waste and refuse to any site that does not have a
certificate of designation as a solid waste disposal site. You are required
to respond, with a schedule for clean up of the site, within 30 days of the
receipt of this Notice of Violation. Your attention is directed to Section 113
and 114 of the act:
' 30-20-113. ENFORCEMENT - CIVIL PENALTY.
(1) Any solid wastes disposal site and facility found to be
abandoned or that is operated or maintained in a manner so
as to violate any of the provisions of this part 1 or any
rule or regulation adopted pursuant thereto shall be
deemed a public nuisance, and such violation may be
enjoined by a district court of competent jurisdiction in
any action brought by the department, the board of county
commissioners of the county wherein the violation
occurred, or the governing body of the municipality
wherein the violation occurred.
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Page 3
Best Way Paving Co.
August 20, 1987 -
(2) Disposal of solid waste at a location other than site designated for
such use by a county or municipality is a violation of this part 1
unless otherwise exempted by this part 1 or unless the person is
disposing of his own solid waste on his own property, and shall be
subject to clean-up and cease and desist orders. Such orders may be
issued by the board of county commissioners if the violation
occurred in the unincorporated area of the county, or- by the
governing body of a municipality if the violation occurred within the
municipality. Any person who fails to comply with such orders shall
be subject to a civil penalty of not more than two thousand dollars
for each day of such violation. Such violation and civil penalty
shall be determined and enforced by a court of competent
jurisdiction upon action instituted by the board of governing body
which issued the orders. Any penalty collected shall be distributed
to the county or municipality which instituted the action.
(3) Nothing in this section shall preclude or preempt the authority of a
county or municipality to adopt or enforce its own local resolutions
or ordinances.
30-20-114 VIOLATION-PENALTY. Any person who violates any provision of this
part 1 is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of two thousand dollars, or by
- -- -imprisonment in the county jail-for not more than-thirty days, or by-
- " both such fine and imprisonment. Nothing in- this part 1 shall
preclude or preempt a city, a city and county, or an incorporated
town from enforcement - of its local ordinances. Each day of
violation shall be deemed a separate offense under this section.
If we may assist you in any way or should you have questions related to this
notice, please do not hesitate to contact this office at 353-0635.
Sincerely,
vV PV
Wes Potter, Director
Health Protection Services
WP/bks -
cc: Joe R. Ferguson, M.D., Weld County Health Officer
Don Orleans, Administrator, Weld County Health Department _
Lee Morrison, Assistant County Attorney
Ken Mesch, .Director Land Pollution Control, Colo. Dept. of Health
•
• 131 NORTH 35th AVE.
obi POST OFFICE BOX 3189
GREELEY,COLORADO
B MI' BEST- WAY PAVING CO. ZIP CODE 80633
GREELEY 353-1654
DENVER 623-9438
7 November 4, 1987 RECEIVED
SANITATION DIVIS,'1N
NOV -G 19b,
Mr. Wes Potter, Director
Health Protection Services - wcin COUNTY H[AITIII OEPI
Weld County Department of Health - 11��tt�� BEAM ti
1516 Hospital Road -
Greeley, CO 80631
Re: Legal Action #120-87; Concerning Best-Way Paving Co.
Dear Mr. Potter:
As I discussed with you on the telephone, Best-Way Paving Co. is attempting to
see if there is a storage method acceptable to the department whereby the tires
can be retained in a storage mode for a period of probably twelve to twenty
years in anticipation of an economically feasible method of recycling. The
tires presently are piled in a ravine type area with dirt banks on two sides of
1:11e-pile. Best-Way would propose-to -carefully--round -off-the pile -into a compact
unit, cover the pile with an overlapped fabric, then cover the fabric with
approximately one foot of top soil and seed the soil with a dry land type blend
a - - of grasses (the same type of grasses that the soil conservation service-:
recommends for usage in our pit reclamation) .
I am enclosing a sample of the fabric which Best-Way would propose to use
together with a company brochure reflecting the physical fabric properties. I
would note that if you form a cup out of this fabric sample and fill it with
water, holding it for several minutes, there is no water penetration. We are
anticipating that with the dirt covering and thorough seeding, the pile would be
water tight, and it would be a far more effective cover than=utilizing one of
the plastics as it will be far more puncture resistant.
At the location of the tire pile, the maximum water table anticipated would
still be approximately five and one-half feet below the surface of the ground
under the lowest point of the pile. This depth was calculated by the engineers
with numerous core samples and geological studies when our gravel pit and
reclamation applications were made.
I would appreciate your consideration of this proposal and would hope\that it
.....-. -- ',�" - - .,e.-wt-=._ - - ••ry- - ^eA rte- ,.nT., s•• «e.
II Mr. Wes Potter
November 4, 1987
Page 2
will be acceptable to your office'. Please contact me if you have•any further
suggestions or questions concerning this proposal.
Thank you for your cooperation in this matter.
Ve my yours,
Thomas A. Connell
General Counsel
TAC/cnd
Enclosures
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