HomeMy WebLinkAbout890547.tiff RESOLUTION
RE ! APPROVE CONTINUANCE OF SHOW CAUSE HEARING - HOWARD DUCKWORTH,
DBA WELD COUNTY 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
WHFREAS, on the 28th day of June, 1989 , a public hearing was
held to consider the revocation of Special Use Permit #454 ,
granted to to Howard Duckworth, dba Weld County Disposal, and
WHEREAS, it was recommended to the Board that said hearing be
continued to allow the owner/operator time to perform appropriate
testing to evaluate the waste material on the site , with a copy of
the results to be submitted to the Weld County Health Department
for review and recommendation; and also to allow the
owner/operator time to have deposited the total volume of the
material in an appropriate landfill , and
WHEREAS, the Board deemed it advisable to continue said
hearing to the 12th day of July, 1989 .
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 , be, and hereby is , continued
to July 12, 1989 , for the reasons hereinabove stated.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 28th day of
June, A .D. , 1989 .
rit� ¢ h,) BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board C.W. Kirby, C irman
Ja line o nson, Pro-Tem
Deputy County erk /
APPROVED AS TO FORM: Ge e R. Brantner
1
- � �
George
County Attorney
Gpr L c�
764 044 7 890547
HEARING CERTIFICATION
DOCKET NO. 89-23
RE: HEARING TO SHOW CAUSE FOR REVOCATION OF USE BY SPECIAL REVIEW #454
- WELD COUNTY DISPOSAL
A public hearing was conducted on June 28, 1989, at 10:00 A.M. , with
the following present:
Commissioner C.W. Kirby, Chairman
Commissioner Jacqueline Johnson, Pro-Tem
Commissioner Gene Brantner
Commissioner George Kennedy
Commissioner Gordon E. Lacy
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Lanell Curry
Health Department reprsentative, Wes Potter
The following business was transacted:
I hereby certify that pursuant to a notice dated May 17, 1989, and duly
published June 15, 1989, in The New News, a public hearing was
conducted to consider the revocation of Use by Special Review #454
issued to Weld County Disposal. Lee Morrison, Assistant County
Attorney, made this matter of record. Mr. Morrison said the issues to
be considered are whether the owner/operator of this property is in
violation of Development Standards #4 and #5, and whether the
owner/operator should be 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.
Lannell Curry, representing the Department of Planning Services, said
the Planning staff requested that this hearing be continued to July 26.
She said the staff further requests that the owner/operator be required
to perform appropriate testing to evaluate the waste material on the
site, with a copy of the results to be submitted to the Health
Department for review and recommendation, and the total volume of the
material shall be deposited within the appropriate landfill. Wes
Potter, of the County Health Department, said the State Health
Department, in a letter which was received last week, commented that
the applicant should be allowed to apply the material as a road base
material or the existing facility as a method of disposal. Mr. Potter
said he and his staff do not agree with this method of disposal because
there has been enough material placed on those roads in the past. He
said, in the opinion of the County Health Department, the existing
material should he properly disposed of in a landfill, and the
owner/operator should submit a proposal for disposal of future
material. Mr. Potter said the request for continuance is to allow the
owner/operator time to transport the existing material. Robert Gehler,
Attorney representing Weld County Disposal, said he is opposed to
another continuance and requested that this Show Cause be dismissed,
subject to the Condition that the material be transported. Mr. Gehler
said the trucks are ready to haul the material, and the transportation
can be accomplished in one day. After comments by Commissioner Lacy,
Tom Cope, of Total Engineering Service, submitted a letter from the
State Department of Health concerning the disposition of the material.
1 ; ' r 890547
Page 2
RE: SHOW CAUSE HEARING - WELD COUNTY DISPOSAL
dim Trostel, adjoining landowner, submitted pictures showing weeds on
the facility. Mr. Trostel commented on the oil slick which is on the
lake. Mr. Potter said the facility was inspected on June 26, and the
staff member did not indicate that a problem exists with weeds or an
oil slick. Following further discussion, Commissioner Lacy moved to
continue this Show Cause Hearing to July 26, at 10:00 a.m.
Commissioner Kennedy seconded the motion. Mr. Gehler said he will not
be able to attend a hearing on July 26, and he requested that this be
continued to July 12. Commissioner Lacy changed his motion to continue
this to July 12. Commissioner Kennedy agreed to the change. The
motion carried unanimously.
This Certification was approved on the 5th day of July, 1989.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Bo C.W. Kf y, Ch rman
By:
putt' County 1 k c e Joh n Pro-TTemmr
ene R. Brantner
(;eorge Keltned
Cord n cy
TAPE 1189-26
DOCKET #89-23
PL0447
890547
ATTENDANCE RECORD
PLEASE write or print legibly your name , address and the name of the applicant
Dr Docket # for the hearing you are attending.
_TODAY' S HEARINGS ARE AS FOLLOWS:
DOCKET # 89-23 Show Cause Hearing - Duckworth
DOCKET # 89-30 Show Cause Hearing - High Country Turf
DOCKET #
1A NAME /ADDRESS V1Y ,Q // HEA,RING IATTENNDINGn
1'I• E •� @•fl d1.1.4 tote cte1er 1\J %04/d4:4 �eeD RI l �Un4 ru
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. �, ate..
� 77 0 7r .c j 7 > o G/ v-e Ril_. 1`7,`17 ,. ---- � c
890584
Date: June 28, 1989
CASE NUMBER: ZC 34
NAME: Weld County Disposal, c/o Howard Duckworth
ADDRESS: 7511 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 35
The Department of Planning Services' staff requests that the -Board of County
Commissioners continue this hearing until July 26, 1989. The Department of
Planning Services' staff further requests that the owner/operator be
required to perform appropriate testing to evaluate the waste material on
the site. A ccpy of the results shall be submitted to the Weld County
Health Department for review and recommendation, and the total volume of the
materials shall be deposited within the appropriate landfill.
890584
kilp
rDEPARTMENT OF HEALTH
1516 HOSPITAL ROAD
GREELEY, COLORADO 80631
T T� ADMINISTRATION (303)353-0586
HEALTH PROTECTION (303) 353-0635
COMMUNITY HEALTH (303) 353-0639
h O
•
COLORADO June 21, 1989
Mr. Tom Cope
-Total Engineering Service
4415 w. 9th Street
Greeley, colorado 80634
Dear Sir;
The staff has reviewed the data provided regarding the contaminated soil
and oil soaked weeds which are a waste material at the Weld County Disposal
facility east of Ft. Lupton in Weld County.
The recomendation of the Division is that the waste material be removed
from the site and disposed into an appropriate landfill. The testing
provided is considered by this division to be sufficient documentation to
demonstrate that the material can go to a certified landfill in the state
of Colorado.I suggest that you check with the State Health department for
their approval.The division does not concur with the recomendation of the
State Health department regarding the on-site use of the material as a road
base material. The division does not support the position that on-site
disposal of this material is acceptable at this time or in the future . The
staff suggests that the facility -consider alternate disposal methods in the
future and submit a proposal for disposal of this type of material to the
division for review and approval so that it is a part of the permenant
record.
-If you have any questions, or if we can be of further service, please do
not hesitate to contact this office.
Sincerly�
Wes Totter, Director
Environmental Protection Services
890584
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH ,coz
4210 East 11th Avenue ^`
Denver, Colorado 80220
Phone (303) 320-8333
June 20, 1989 (8'
Nov Homer
(.(nernor
ihoma' M br rnon M O
Mr. TOM Cope, P.E. I xer cove Uurcur
Total Engineering Service
4415 W. 9th Street
Greeley, Colorado -80634
Dear Tom:
Your lettar dated May 23, 1989 requested alternative disposal/usage methods
for a weeds and paraffin waste -stream removed from the evaporation ponds at
Weld _County Waste Disposal. Based on the non-hazardous char-acteristic-s of the
waste, the volume, and the frequency of the waste stream, this Division has
the following recommendations to Weld County.
1) The existing stock pile of approximately 150 cubic yards of
weeds/paraffin/soil mixture can be utilized for road
construction/dust suppression if the mixture is mixed in with on—site
soils in a manner to ensure that the waste material is meeting the
same specifications as alternative non waste materials.
2) Approximately, 15 cubic yards of weeds and paraffin are removed from
the ponds each -month. This mixture can be mixed in -with on-site dirt
at an approximate 1 to 2 ratio and used for on-site road construction
as detailed above. This weed/paraffin mixture must be free of oil.
3) =Records -of the volumes, places, and dates where the weed/paraffin
mixture are utilized for on-site road construction must be maintained
by Weld County Waste Disposal.
4) Alternatively, based on the characteristics of the material, the
weed/paraffin waste stream mixed with dirt can be disposed of at a
sanitary landfill if the -mixture passes the paint filter test.
5) Weld County Health Department must also approve recommendations 1
through 4.
Please call met -at 331-4863 if you have any questions.
Sincerel b
Step 0 n-ski, P.E.
Public Health Engineer
Hazardous Materials and
Waste Management Dvivision
SJ0/jw/4707K 4 EXHIBIT
cc: Wes Potter, Meld County Health Department 4
Keith Schuett, Weld County Planning Department #-
89(3554
NOT ICS
C F:
Pursuant to the toning laws of the State of -Colorado and the Weld
County Zoning Ordinance, a public hearing will be held in the Chambers
of the -Board of County Commissioners of Weld County, Colorado, Weld
County Centennial Center, 915 10th Street, First Floor, Greeley,
Colorado, at the time specified. All persons in any manner interested
in the matter are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a
court reporter to make a record of the proceedings, in addition to the
taped record which will be kept during the hearing, the Clerk to the
Board 's Office can be contacted Tor a list -of court reporters in the
area. If a court reporter is obtained, the Clerk to the Board's Office
shall be advised in writing of such action at least five days prior to
the hearing. The cost of engaging a court reporter shall be borne by
the requesting party.
BE IT -ALSO KNOWN that the text and maps may be examined in the office
of the Clerk to the Board of County Commissioners, located in the Weld
County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado.
DOCKET NO. 89-23 Weld County Disposal
c/o Howard Duckworth
7551 Callaghan Road, Suite 100
San -Antonio, Texas 78229-2861
DAM: June 28, 1989
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUSE Tor revocation of Special Use Permit
#454 - Oil field fluids recycling and disposal site
LEGAL DESCRIPTION: Part of the NW} NWi of Section 12, Township 1
North, Range 66 West of the 6th P.M. , Weld County,
Colorado
ISSUES: 1 . Whether or not this facility is in violation of Section
30-20-102, C.R.S. , and Sections 6.7, 6.7.3, 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.
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 be required to
present a plan identifying the measures which will he
taken to ensure that the uses approved for the property
are maintained in accordance with the Development
Standards.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FPUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK SO THE BOARD
BY: Mary Reiff, Deputy
DATED: May 17, 1989
PUBLISHED: June 15, 1989, in The New News
890584
Pursuant to the zoning laws of the
SSSttattp�etygofff CCoolllorado and Use Weld
ham tie'til ofbe held
drd of alit
he
_ Commissioners issioners of Weld County
Colorpdo, W ldiounty_Centennial
Center, 0l 10th Street, First
Flow, Gree.y, Colorado at the
time ape :All persons in any
manner interested the matter
s are uested to-attend and-may
$h a the -applicant -or any
., _•interee ed -party desire the
presence of a court reporter to
make a record of the proceedings
in addition to theultapeedinrrewrd
.. ., -_ hearing the'C7erk io toad
lsd5g Yd's
for
of court reporters in the area. If it
court reporter is: obtained, the
,CCllark to the hoard's Office shall
",be advised in writing of,such
action at least five days poor to
the a&�or� (.p[� engagm5g
.. .shafli belkwne Y
a c r¢
BE [T\ KOI�(7Wid that.the
teat and p8 may be galmned
ic
in the office-or the.-Clerk to the
locatedr ,of County
Commissioners,
eld s,
Centennial Center 915 10th Street,,
.Greeley,Colorado.
a y 0.89-23
:'Y[.d i.7 c/o Howard toDorthl
` 755[CallaghanBdad,LiteSi '100
... DA June-28,S989' o as 78229.2861-
TI . 10:00 A. .
` REQUEST: Hearing to SHOW
CAlaw for revocation of,Special
Use Permittrecycl No
454 -- Oil field
' e
GAL DESCRIPTION:disposal
of
the NW1/4 NW114 of Section 12
TownshI 1 North,-Range 66 West
of_the
ath P.M., - Weld County,
ISSUES: L Whether or not o this
ection
2t1vpg,t lviolation
�a danSectt�'au 6.7
6.7.5 2.1 and.4.1.4.:of the Solid
Waste Disposal Site and Facilities
Regulations whpieehvolations
of Developmetor notodged rib.k
2. Whether or not-the facility is
in violation of Development
Standard Ne`he ov regarding
- compliance
Rance b thesortvner/ valor
t �.or--n is •
owner/operator should be identifying
meaeu- tell wht�Fhla wilate taken to
ensure that thc•uses approved for
the property are maintained in
accordance with the Development
Standards. 13OARD OF CO
_. / .. -WELil IARI,
DO
/ BY: MARnY'.ANN gELER& IN
-RECORDERR AND CLERK TO
_Rpp
BY: Y f ary_R f1,-Deputy
/ / _ D: MAY MO
5t7ED: W 1*m7&4 '
(/t �jl� New News.
830584
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