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RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER TRANSFER OF
CERTIFICATE OF DESIGNATION FOR A SOLID WASTES DISPOSAL SITE
AND FACILITY - CIRCLE "M" PARTNERSHIP/McMILL, 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 20th day of May, 1987 , at the hour of 2 : 00 p.m. in
the Chambers of the Board for the purpose of considering the
application from Circle "M" Partnership/McMil1 Inc. , for the
transfer of a Certificate of Designation to operate a solid wastes
disposal site and facility in Weld County, Colorado, and
WHEREAS, Thomas E. Hellerich , Attorney, was present to
represent Circle "M" Partnership/McMi1l , Inc. , and Kim Houtchens ,
Attorney, was present to represent Waste Services , Inc. , and
WHEREAS, it was deemed advisable to continue said hearing to
August 26 , 1987 , at 2 : 00 p.m. to allow an operations plan to be
submitted to the Colorado Department of Health for review.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hearing to
consider the application from Circle "M" Partnership/McMill, Inc. ,
for the transfer of a Certificate of Designation to operate a
solid wastes disposal site and facility in Weld County, Colorado,
be, and hereby is , continued to August 26 , 1987 , at 2: 00 p.m. to
allow the applicant time in which to submit an operations plan to
the Colorado Department of Health for review.
PL0114
870401
Page 2
RE: CONTINUE HEARING - TRANSFER CERTIFICATE OF DESIGNATION
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 20th day of
May, A.D.� 1
, 1987. BOAR{
ATTEST: 1` l t n 4..444 FUr/ WELDD OF COUNTY COMMISSIONERS
COU T LORA
Weld County Clerk and Recorder
and Clerk to the Board � ' Go o . Lac , irman
BY: O( �7a � C. . Kir y, Pr -Tem
Deputy County Clerk
APPROVED AS TO FORM: a R. Brantner
Mme� .
� Ja � e `Joh s /
;.
County Att rney
Frank Yamaguchi
870401
HEARING CERTIFICATION
DOCKET NO. 87-12
RE: TRANSFER OF CERTIFICATE OF DESIGNATION FOR EATON LANDFILL - CIRCLE
"M" PARTNERSHIP/McMILL, INC.
A public hearing was conducted on May 20, 1987, at 2:00 P.M. , with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Gene Brantner
Commissioner Jacqueline Johnson
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Director of Planning Services, Chuck Cunliffe
Health Department representative, Wes Potter
Certified court reporter, Mabel Broyles
The following business was transacted:
I hereby certify that pursuant to a notice dated March 9, 1987, and
duly published March 12, 1987, in the Johnstown Breeze, a public
hearing was conducted to consider the request of Circle "M"
Partnership/McMill, Inc. for the transfer of the Certificate of
Designation for the Eaton Landfill. Lee Morrison, Assistant County
Attorney, made this matter of record, and said this hearing was
continued from April 15, 1987, to allow the Commissioners to conduct an
on-site inspection and obtain further information. Commissioner Lacy
commented that this hearing is to consider the transfer of the
Certificate of Designation only, that the use of the property is
grandfathered and is not an issue in this hearing. In an attempt to
define the area being considered, Wes Potter, Health Department
representative, presented a copy of a map submitted by Circle M when
they obtained a Use by Special Review in this general area, which shows
an area designated as being a landfill. Mr. Morrison advised the Board
that it might be appropriate to define the landfill area, as this may
have a bearing on the applicant's ability to operate the site. In
response to a question from Chairman Lacy, Mr. Potter stated that his
department has not issued a notice that the landfill is full because
there is still an area to be filled. Chuck Cunliffe, Director of
Planning Services, stated that the Planning Department has not issued a
violation notice nor made a determination that the landfill is full.
Mr. Potter stated that the applicant has submitted information which
indicated that cover material is available at the site. Commissioner
Brantner asked what the role of the State is in this process, and
Stephen Orzynski, of the Colorado Department of Health, responded that
an amended application is required when a change of ownership occurs,
and a designed operation plan is needed for review. He stated that no
such plan was available to them until two days ago. Numerous changes
have been made in applicable regulations since the original Certificate
of Designation was issued. Discussion was held concerning the lack of
definition of the area which received the original Certificate of
Designation. (Tape Change #87-37) Mr. Orzynski stated that the State
would like to review an operation plan for this facility, with its
review to determine whether it is a feasible plan and the operator's
capability to carry out the plan. After review, the State would make a
recommendation to the County, which must make the final decision. It
was suggested that this hearing be continued, and discussion was held
concerning items which need to be submitted. Thomas E. Hellerich,
Attorney representing the applicant, presented a short review of the
Page 2
CERTIFICATION OF HEARING
CERTIFICATE OF DESIGNATION - CIRCLE "M" PARTNERSHIP/McMILL INC.
area which was earlier granted a Certificate of Designation and stated
that the applicant has submitted everything which has been required to
date. Jasper Freese, of Freese Engineering, suggested that all
interested parties should cooperate to determine the area which can
practically be used as a landfill today, and develop a plat showing
what has been used, together with the area which can be utilized. John
Spooner, of Warzyn Engineering, stated that their report is based only
upon the area currently in use. Kim Houtchens, Attorney representing
Waste Services, Inc. , expressed the opinion that the Board should
consider only the area referred to in the map included with the
application for a transfer of the Certificate of Designation, which was
filed by the applicant in April, 1986. Following further discussion, a
short break was called to allow all interested persons to determine
what needs to be submitted and a reasonable time to which this hearing
should be continued. Following this break, Mr. Potter stated that the
applicant had agreed to delineate an area on a plat, which will be
submitted to an engineer for development of an operations plan, which
would be submitted to the State Department of Health for review. It
was determined that said plan should be available in 30 days, and the
Health Department would need 45 days for its review. Mr. Potter also
stated that the burden is upon the applicant to provide required
information. After more discussion, Commissioner Yamaguchi moved to
continue this hearing to August 26, at 2:00 P.M. The motion was
seconded by Commissioner Kirby and carried unanimously.
This Certification was approved on the 27th day of May, 1987.
APPROVED:
(44AA_ y- BOARD OF COUNTY COMMISSIONERS
ATTEST: '1/4111 �QLi-v WELD COUN C RADO
Weld County Clerk and Recorder
and Clerk to the Board Go o cy, an
By: fey/Xi-4j/
Deputy County Cler C.W irby, Pr�1
Gene R. Brantner
Ja el Joh =o��i�
Frank Yamaguchi " 1�
TAPE #87-37 & #87-37
DOCKET #87-12
PL0114
870395
ATTENDANCE RECORD
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 20, 1987
DOCKET # 87-16 MEND USR-LIVESTOCK CONFINEMENT OPERATION, DOUBLE EIGHT LAND CORPORATION
DOCKET # 87-12 TRANSFER OWNERSHIP OF CERTIFICATE OF DESIGNATION, CIRCLE"M"/McMILL, INC.
DOCKET #
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