HomeMy WebLinkAbout890407.tiff RESOLUTION
RE: APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH,
DBA 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, the Board of County Commissioners held a public
hearing on the 10th day of May, 1989 , at the hour of 10 : 00 a .m. ,
in the Chambers of the Board for the purpose of considering the
revocation of Special Use Permit #454 , granted to Howard
Duckworth, dba Weld County Disposal , Inc. , and
WHEREAS, the Board was informed that the aerator system was
not totally installed and operational; therefore the facility was
still not in compliance, and
WHEREAS, after hearing the testimony presented, the Board
deemed it advisable to continue said hearing to May 17 , 1989 , at
10 : 00 a.m.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hearing to Show
Cause concerning Special Use Permit #454 , granted to Howard
Duckworth, dba Weld County Disposal , Inc. , be, and hereby is ,
continued to May 17 , 1989 , at 10 : 00 a.m.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 10th day of
May, A.D. , 1989 .
� BOARD OF COUNTY COMMISSIONERS
ATTEST: M T&Pb WELD COUNTY, COLORADO
Weld County erk and Recorder
and Clerk to the Board C.W. Kirb , Chai roman
EXCUSED
rBY. v Jac .line Johnson , Pro-Tem
eputy County C erk
de , �
APPR ED AS TO FORM: ene R. ner Bran
- /� George n
County Attorney
Go
7:44 O W7 ' i {< i�% .:r� • "-c"4 890407
HEARING CERTIFICATION
DOCKET NO. 88-48
RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454
ISSUED TO WELD COUNTY DISPOSAL, INC.
A public hearing was conducted on May 10, 1989, at 10:00 A.M. , with the
following present:
Commissioner C.W. Kirby, Chairman
Commissioner Jacqueline Johnson, Pro-Tem - Excused
Commissioner Gene Brantner
Commissioner George Kennedy
Commissioner Gordon E. Lacy
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that a public hearing was conducted to consider
revocation of Special Use Permit #454, issued to Weld County Disposal,
Inc. , c/o Howard Duckworth. Lee Morrison, Assistant County Attorney,
made this matter of record. Mr. Morrison stated that this hearing was
continued from March 22, and he reviewed the items the owners were to
have accomplished by this hearing. Keith Schuett, representing the
Planning Department, stated that an inspection by his department
revealed that the areator system has not been completely installed and
is no . op rat onal. Mr. Schuett said an inspection by the Health
Department revealed a new violation, which has not been an issue of
this Show Cause Hearing. During discussion, it was determined that
this hearing would consist of two parts: the first to determine
whether the operation is in compliance with the items outlined in the
Resolution of March 22; and the second to determine if there is
probable cause to schedule a Show Cause Hearing concerning the new
violation. Mr. Schuett reviewed the findings of the Planning staff's
inspection. Wes Potter, representing the Health Department, said his
department 's inspection showed that the berms have been constructed in
compliance with the County's instructions, and that documentation has
been submitted and reviewed concerning the construction of the pond
liners which are completed and are acceptable. He also said that
intake reports indicate compliance with the intake restrictions under
which they have been operating. Robert Gehler, Attorney for Weld
County Disposal, Inc. , made comments. Tom Cope, of Total Engineering,
Inc. , explained that the aerator system had been placed, but testing
indicated a few necessary adjustments which are now being made, and
that the system should be ready for inspection by 4:00 p.m. , May 12.
Howard Duckworth, principal owner of Weld County Disposal, Inc. ,
explained that they have been working very hard to get everything
installed and explained some of the delays which have occurred. In
asking for public testimony, Chairman Kirby requested that comments be
confined to those items contained in the Commissioners' Resolution of
March 22. Tim Trostel, a neighbor, voiced concerns about the noise
made by the pump operating the aerator system. There was much
discussion about methods which might be used to lessen the noise of the
pump. Commissioner Lacy moved to continue this hearing to May 17, at
10:00 a.m. , by which time the aeration system is to be installed and
operating. Commissioner Brantner seconded the motion and said he would
like discussion concerning a muffler system for the pump continued to a
later date. (Tape Change #89-20) Mr. Schuett commented that the
890407
i
Page 2
RE: SHOW CAUSE - WELD COUNTY DISPOSAL
system needs to be installed in time for inspections to be conducted
prior to the hearing. On a roll call vote, the motion carried 3-1 ,
with Commissioner Brantner voting nay.
Commencing the second phase of this hearing, Mr. Morrison asked Mr.
Gehler if the applicant would waive the customary 10-day notice for a
Probable Cause Hearing. Mr. Gehler asked to hear the concerns today,
but wanted to have time to prepare a response; therefore, he said he
would not waive the right to notification. Mr. Morrison advised the
Board that they could hear the complaint, but their only possible
action would be to set a date for a Probable Cause Hearing. Mr. Potter
said the Health Department has discovered the improper disposal of oil
and waste materials in a pit, in violation of the Development
Standards; and feels that there is a consistent management problem at
this facility, evidenced by oil around the receiving pit and on the
ponds. Mr. Trostel testified that tumbleweeds blown from this area are
oil and wax-soaked, and that birds die after being on the ponds. Mr.
Duckworth commented concerning the management of this facility, and
said they intend to use vacuum trucks to remove oil and paraffin from
the ponds this summer. Commissioner Brantner moved to set a Probable
Cause Hearing to consider new violations for May 17, at 10:00 a.m.
Commissioner Lacy seconded the motion. Mr. Gehler agreed that this
would constitute sufficient notice of said hearing. The motion carried
unanimously.
This Certification was approved on the 15th day of May, 1989.
APPROVED:
//////���� � ,,, ,,�� • t BOARD OF COUNTY COMMISSIONERS
ATTEST:172724 `"�K^^i '-'i WELD COUNTY, COLORADO
Weld County Clerk and Recorder C< ,�sc�C
and Clerk to the Boa C.W. Kirby, Chai
'By: , EXCUSED
eputy County Cl rk Jacq ine Johnson, Pro-Tem
/
ra
ene R. Brantner
s " t
George Kenned
Gor ac
TAPE #89-19 & 1189-20
DOCKET #88-48
PL0447
890407
ATTENDANCE It £ C O R D
PLEASE write or print legibly your name , address and the name of the applicant
or Docket # for the hearing you are attending.
TODAY' S HEARINGS ARE AS FOLLOWS: MAY 10, 1989
DOCKET # 88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC.
DOCKET # 89-17L TAVERN LIQUOR LIC-ENSE - HENRY LYNN WALKER, DBA BEARS SPORTS SALOON
DOCKET #
gANTE / / ` ADDRESS HEAPING ATTENDING
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8941429
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To Weld County Disposal File -Date- May 9, 1989
COLORADO From Lynn Robbio, Environmental Protection Specialist vj
Subject: Weld County Disposal
On Friday May 5, 198-9 an inspection of the Weld County Disposal was
conducted by Wes Potter and myself, Lynn Robbio. The berms and free
board were found to be in compliance, but a large amount of oil and
weeds had been removed from ponds and mixed with dirt and disposed
into an unlined pit on the back side of property. Wes and I told
Gary Kennedy he was not allowed to dispose of contaminated soil on
the -property and that a method for proper disposal would need to be
presented at the Show-Cause Hearing, Wednesday, May 10, 1989.
_The berms on Ponds C and D were surveyed and found to be constructed
in compliance with the Letter of Approval from the County authorizing
She construction. There is less than 8" of variation along the top
of the berm.
Pond C had approximately 12% of the pond covered with oil and paraffin.
The operator has been working to remove the oil from the top of the
ponds.
The oil on the pond continues to be a problem. The problem is caused
by the operator running the pump moving the waste liquid through the
skim facility too rapidly. Other facilities have demonstrated the
ability to skim without getting oil onto the ponds. Proper operation
of the -pump system would significantly reduce this problem.
All other aspects of the waste facility appear to be in compliance with
the regulations.
On Friday, May 5, 1989 at approximately 4:45 p.m. I spoke to Mr.
Duckworth and I told him of the problem. Mr. Duckworth asked me if
the contaminated soil could be trucked out to Roggen. I told him no
that is not a proper method of disposal that he could try dust abatement
on the Weld County -Disposal property, but his best bet is to propose
to do E.P.A. toxic tests on soil and haul it to CSI in Commerce City.
I stressed to Mr. Duckworth at this time I would have to talk to Wes
and we would get back with him on Monday, May 8, 1989, so Wes could
make some recommendations for Tom Cope's Proposal.
On Monday, May 8, 1989 Wes Potter, Tom Cope, and myself met to discuss
possible methods of disposal. Wes said dust abatement would not be
recommended and according to the new State guidelines for disposal of
soil E.P.A. toxic tests should be conducted and then a proper final
disposal area would be decided on. Tom then decided he would review
the new State guidelines and make a proposal.
890429
SOLID WASTE FACILITY INSPECTION
(Surface Impoundments)
County i,U2od DATE ,5�/�j /52
9 _Located in
Facility !Vw L 4,rluij � r.,C�. 2 Incorporated Area
Location l� 3S
Current -Operator (nee" X �_KL, et
Mailing Address of -Operator
Current Owner (If different) �7C]7�6A t�yp�xiuj
Mailing Address of Owner .
(All items checked must be explaind in supplemental report)
I. A. Public Health and/or Environmental Hazards -
_ B. Evidence of Potential for (Serious) Surface Water Pollution
_ C. Evidence of Potential for (Serious) Groundwater Pollution
_ D. Sludge or Septic Pumpings Disposal on Site (Unauthorized)
E. Safety Hazards
F. Non—Compliance with Approved Design and Operation
G. Structural Integrity of Dikes -Questionable
H. Records
_
I. Other
_ a _tEMEDIAL -ACTION REQUIRED
II. Minimum Standards, CRS 30, 20-110
_ A. Odors and/or Vectors Present
_ B. Inadequate Fencing (to control access)
C. Not Designated and/or Improperly Zoned
D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not
Present)
_ E. Evidence of ino. Spills Around Disposal Area
'S` Y. Water/Liquid Surface Covered -with oil(s) or scum
_ G. Depth Gauges not Present and or Readible
H. Pond Freeboard _Level Exceeded.
I. Recommendations for Site Improvement
J. Other
III. R larks
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t.C.3 / ? 1,14 21/--( 1 1i e'l) (.1 .nom mt(Name) PRESENT AT INSPECTION (-Representing)
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Inspect n ngineer/Geologist ,/(/�/ 4 ); 1'L-/
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(WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) 890429
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