HomeMy WebLinkAbout890429 RESOLUTION
RE: APPROVE DISMISSAL OF SHOW CAUSE HEARING TO CONSIDER
REVOCATION OF SPECIAL USE PERMIT #454 ISSUED TO 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, on May 17 , 1989 , a Show Cause Hearing was conducted
to consider revocation of Special Use Permit #454 , issued to
Howard Duckworth, dba Weld County Disposal, Inc. , due to alleged
violations of Development Standards 4 , 9 , 11 , and 14 of said
Special Use Permit, and
WHEREAS , the testimony presented at said hearing indicated
that the facility is no longer in violation of those Development
Standards under consideration, and
WHEREAS , the Board deems it advisable to dismiss said Show
Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Show Cause
Hearing to consider revocation of Special Use Permit #454 , issued
to Howard Duckworth, dba Weld County Disposal , Inc . , be , and
hereby is, dismissed.
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 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: u^ WELD COUNTY, COLORADO
Weld County lerk and Recorder il/f
and Clerk to the Board C.W. Kirb , Cha ' man
BY: 4.ec/ Ja quj ine J•hnson, Pro-Tem
eputy County C erk
EXCUSED
APPR ED AS TO FORM: Gene R. Brantner
C- M� George enne U
a
County Attorney t
Gordo y
210997 T ;. /',. tl 890429
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 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
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 said this hearing was
continued from May 10, and the installation of the aeration system is
the issue under consideration. Keith Schuett, Planning Department
representative, said that a recent inspection determined this facility
to be in compliance with the areas identified in the Resolution of
'March 22. Robert Gehler, attorney for Weld County Disposal, Inc. ,
asked that this Show Cause Hearing be dismissed. He commented that a
muffler has been installed to abate the noise of the aerator pump. Mr.
Gehler asked that the restriction on the taking of water be lifted as
long as the freeboard level is maintained. Mr. Schuett said the Health
Department has concerns about how the aerator system is being operated.
Wes Potter, of the Health Department, said a recent inspection by his
department showed areas the facility needs to monitor closely to avoid
compromising the berms. Tom Cope, of Total Engineering, explained the
steps being taken to address the Health Department's concerns. Tim
Trostel, a neighbor of this facility, asked questions about how the
aerator system will be operated. (Tape Change #89-21) Mr. Cope
explained the limitations on running the system. Commissioner Lacy
moved to dismiss this Show Cause Hearing. Commissioner Johnson
seconded the motion. Concerning the lifting of the restriction of
intake, Mr. Potter said evaporation will occur faster with the aerator
system; therefore, the restriction could probably be lifted. Mr.
Morrison advised that the restriction will automatically be lifted with
the dismissal of this hearing. Commissioner Johnson urged the
operators of this facility to comply with the freeboard regulations.
The motion to dismiss this Show Cause Hearing carried unanimously.
890429
i,C, 0 &r.y 7
Page 2
SHOW CAUSE HEARING - WELD COUNTY DISPOSAL, INC.
This Certification was approved on the 22nd day of May, 1989.
APPROVED:
ilamp� j � BOARD OF COUNTY COMMISSIONERS
ATTEST: yw' WELD COUNTY, COLORADO
Weld County Clerk and Recorder G
and Clerk to the Boar C.W. Kirby, Chai an
-BY IY�A7 -
putt' County C e J.cqu 'ne son, Pro-Tem
EXCUSED
Gene R. Brantner
Ueorge K nn
Go d . La
TAPE #89-20 & #89-21
DOCKET #88-48
PL0447
890429
mE Du
Weld County Commissioners Dare May 17, 1989
yes totter, uirector, hnvironmen a rotec ion ery ces
COLORADO F,°m _Lynn Robbio, Environmental Protection Specialist
Weld County Disposal AP
Subject:
She 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
S90584
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 NWi of Section L2, TIN, R66W of the 6th
P.M. , Weld County, Colorado
LOCATION: Southeast of the intersection of Weld County -toads 12 and 3.4.
The lJepartment of Planning Services' staff inspected the property and
determined that it is in compliance with the conditions of the Board of
County Commissioners' resolution of March 22, 1989. The aerator system is
installed and operating, the berms have been graveled with pit run, and the
facility is in compliance with the minimum 3 foot free board.
890429
ATTENDANCE -R E C O Y D
PLEASE write or print legibly your name, address and the name of the applicant
or Docket 4 for the hearing you are attending. ,
TODAY' S HEARINGS ARE AS FOLLOWS: MAY 17, 1989
DOCKET # 89-21 USR-OPEN YIT MINE & MATERIALS PROCESSING -FACILITY - C & M COMPANIES
DOCKET 4 88-48 SHOW CAUSE-SUP #454 - HOWARD DUCKWORTH, DBA WELD _COUNTY DISPOSAL, INC.
DOCKET # PROBABLE CAUS-E-SUP #454 - HOWARD DUCKWORTH, DBA WELD COUNTY _DISPOSAL, INC.
NAME ADDRESS HEAPING ATTENDING
:� /, ?e7 /7 6'7 c2 R, /2 ,>�u�
u
Mc v„. i, ,,: ci
ce a,) logo 6p.,,,,--5,- - 5,-E 4/0 Awfres. 'fa9 -z l Wripoiori— 0.. gc114 6 '>SS r 4ve_ 4,044 Ce, D.fp
�0 n1444 YC(L (If), CO.
7` )Ze C`. S 75' / 41 r'lTrl ti 4. i S /1. v,,,
egi � i pie iL,4?/-D s.,4.75;
[/f T /)
/Do-f--r) I, Tsze/ j'/ lx < f/6/4,- KO Ci;r/a(' Co /9,>/,
890584
Hello