HomeMy WebLinkAbout890430 RESOLUTION
RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING WELD
COUNTY DISPOSAL - SPECIAL USE PERMIT NO. 454
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 Department of Planning Services has submitted a
request to the Board of County Commissioners to consider a Show
Cause Hearing for Howard Duckworth, dba Weld County Disposal , to
determine whether the owner/operator is in compliance with
Development Standards 4 and 15 of Special Use Permit No. 454 , and
WHEREAS, the property on which the violations are alleged to
be occurring is described as part of the NW3 NW* of Section 12,
Township 1 North, Range 66 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS , Howard Duckworth, owner of Weld County Disposal, was
present and represented by Robert Oehler, Attorney, at this
Probable Cause Hearing, and
WHEREAS, the Board, after hearing testimony from
representatives of the Department of Planning Services and the
Health Department, finds that there is sufficient probable cause
to schedule a Show Cause Hearing to consider whether or not
Special Use Permit No. 454 , held by Weld County Disposal , 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.
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 Special Use Permit No.
454 , held by Weld County Disposal , should be revoked.
BE IT FURTHER RESOLVED by the Board that the issues to be
considered by the Board at said Show Cause Hearing are as follows :
1 . Whether or not this facility is in violation of Section
30-20-102 , C.R.S . , and Sections 6 . 7 , 6 . 7 . 5 , 2. 1 , and
2 . 1 . 4 of the Solid Waste Disposal Site and Facilities
Regulations , which by incorporation would be violations
of Development Standard *4 .
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890430
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RE: SET SHOW CAUSE HEAPING - WELD COUNTY DISPOSAL
2. Whether or not the facility is in violation of
Development Standard #15 regarding compliance by the
owner/operator with the Development Standards .
3 . Whether or not the owner/operator should he required to
present a plan identifying the measures which will be
taken to ensure that the uses approved for the property
are maintained in accordance with the Development
Standards.
BE IT FURTHER RESOLVED by the Board that the date for the
Show Cause Hearing shall be June 28 , 1989 , at 10: 00 a.m. , and the
hearing shall be held in the First Floor Hearing Room of the Weld
County Centennial Center, 915 10th Street, Greeley, Colorado.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
May, A.D. , 1989 .
� P� ( t) BOARD OF COUNTY COMMISSIONERS
ATTEST: (�Jf WELD COUNTY, COLORADO
Weld County Clerk and Recorder lv
and Clerk to the Board C.W. Kirby, Ch irman
BYE, _ Jo qu ine J hnson, Pro-Tem
Deputy County Clerk
EXCUSED
APPROVED AS TO FORM: Gene R. Brantner
C--__� George Kennedy
i - r Cfr
County Attorney EXCUSED
Gordon E. Lacy
890430
HEARING CERTIFICATION
RE: HEARING TO CONSIDER PROBABLE CAUSE FOR REVOCATION OF SPECIAL USE
PERMIT #454 ISSUED TO WELD COUNTY DISPOSAL, INC.
A public hearing was conducted on May 17, 1989, at 10:00 A.M. , with the
following present:
Commissioner C.W. Kirby, Chairman
Commissioner Jacqueline Johnson, Pro-Tem
Commissioner Gene Brantner - Excused
Commissioner George Kennedy
Commissioner Gordon E. Lacy - Excused
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Keith Schuett
Health Department representative, Wes Potter
The following business was transacted:
I hereby certify that a public hearing was conducted to consider
probable cause for the revocation of Special Use Permit #454, issued to
Weld County Disposal, Inc. , c/o Howard Duckworth. Robert Gehler,
attorney for Weld County Disposal, Inc. , said they had no objection to
proceeding with only three Board members present. Keith Schuett,
Planning Department representative, said inspections by the Planning
Department and the Health Department have determined that the property
is not in compliance with Development Standards 4 and 15 of Special Use
Permit #454, issued to Weld County Disposal, Inc. Wes Potter,
representing the Weld County Health Department, spoke about the
violations of the Solid Waste Disposal Site Regulations, which would be
violations of Development Standard #4. Mr. Potter submitted
photographs showing alleged violations. Mr. Gehler said that an
engineer has been retained to work on the problems of this facility,
and that a disposal plan is being presented. Howard Duckworth,
principal owner of Weld County Disposal, Inc. ; Tom Cope, of Total
Engineering; and Tim Trostel, a neighbor of the facility, made
comments. Commissioner Kennedy moved to find that there is probable
cause to consider revocation of the Special Review Permit and set a
Show Cause Hearing for June 28, at 10:00 a.m. , with the issues
contained in the May 17 memos from the Health and Planning Departments
to be considered at said hearing. The motion was seconded by
Commissioner Johnson, and it carried unanimously.
This Certification was approved on the 22nd day of May, 1989.
APPROVED:
a � � BOARD OF COUNTY COMMISSIONERS
ATTEST: v �� WELD COUNTY, COLORADO
Weld County Clerk and Recorder /tXt-' L-Gd
and Clerk to the Board C.W. Kirby, Chai an
D putt' County Cler ac uel 'Le J'hn_on, Pro-Tem
EXCUSED
Gene R. Brantner
George Kennedy
TAPE #89-21
EXCUSED
PL0447 Gordon E. Lacy
890430
DATE: May 17, 1989
CASE NUMBER: ZCH-34
NAME: Weld County Disposal, c/o Howard Duckworth
ADDRESS: 7551 Callaghan Road, Suite 100
San Antonio, TX 78229-2861
-LEGAL DESCRIPTION: Part of the NWi NW} of Section 12, T1N, R66W of the 6th
P.M. , Weld County Colorado
-LOCATION: Southeast of the intersection of Weld County Roads 12 and 36.
-The Department of Planning Services' staff and the Weld County Health
Department have inspected the property and -determined that the uses of the
Troperty are not being operated in compliance with the approved Development
Standards approved April 22, 1981 .
The uses of the property are not in compliance with Development Standards 4
and 15.
Development Standard 4 states, in part: All phases of the operation shall
comply with all County and State Health Standards and Regulations.
In a memo dated May 17, 1989, from Lynn Robbio, it indicates that the
facility is not in compliance with the solid waste disposal site and
facilities regulations.
Development Standard 15 states, in part: The property owner and/or operator
of the operation is responsible for complying with all stated standards.
The property owner and/or operator has not maintained compliance with all
stated standards. Standard 4 is not in compliance at this time.
Based upon the information, the Department of Planning Services' staff
-recommends that the Board of County Commissioners schedule a "Show Cause"
public hearing on June 14, 1989, to consider revocation of USR-454.
Due to the history of noncompliance that has occurred on the Special Review
site, the Department of Planning Services' staff also recommends that the
owner/operator be required to present a plan identifying what measures will
be taken to ensure that the uses approved for the property are maintained.
890430
mEmORAnDum
VI a To Weld County Commissioners May 17, 1989 Jl �s
Wes Potter, Director, Environmental Protection Sery ces
-COLORADO From Lynn Robbio, Environmental Protection Specialist AP
Weld County Disposal
Subject:
The Weld County Disposal Facility located at Section 12, Township 1N, Range
66W, was inspected by Lynn Robbio and Wes Potter on May 5, 1989. At this time
the facility was observed to be in violation of Section 30-20-102 Colorado
Revised Statutes. 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." The operator had disposed of a liquid oil based waste material in
-an unauthorized pit on the south side of the property. This action is a
violation of Section 1.3. 1 of the Solid Waste . Regulations which states "No
person shall operate a facility for solid waste disposal, where processing,
treatment, or final disposal is performed, at a site located in the
unincorporated portion of any county without a certificate of designation
obtained from the commissioners of the county."
A violation of Section 6.7 of the regulations was also observed. 6.7 states
"Operation standards Operation of waste impoundments shall be in accordance
with _approved plans and the minimum standards of these regulations." An
excessive layer of oil was observed to be on Pond C. Section 6.7.5 states
"All impoundments operated as evaporative treatment or disposal facilities
shall be maintained as free as possible from oil or other surface scum."
An excessive amount of spillage was observed around the receiving pit. This
is a violation of Section 2. 1 which states "Minimum standards All facilities
for solid waste disposal shall comply with the following minimum standards of
the act:" specifically Section 2. 1.4 which states "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; shall provide compacted
fill material ; shall provide adequate cover with suitable material and surface
drainage designated to prevent ponding of water and wind erosion and prevent
water and air pollution. . ."
The above noted violations are considered to be significant problems with the
operation of the facility.
WP/LR/dgc 89043O
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