HomeMy WebLinkAbout880838.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 17th day of August, 1988 , 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. , on the following
described parcel of land:
Part of the NW* NW* of Section 12 , Township 1
North, Range 66 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, the staff of the Department of Planning Services
requested that this hearing be continued to a later date in order
to allow Mr. Duckworth time in which to come into compliance with
Development Standards #4 , #9 , #11 , and #14 , and
WHEREAS, the Board deems it advisable to grant said request
and continue this matter to September 14 , 1988 .
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 September 14 , 1988 , at or about 9 :00 a.m.
-n o W7 880838
Page 2
RE: CONTINUE SHOW CAUSE HEARING - WELD COUNTY DISPOSAL
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 17th day of
August, A.D. , 1988 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: .w �444G( f WEiCOUNTY, COLORADO
Weld County 7rk and Recorder �a��CC//L1‘1,09"
and Clerk to the Board Gene R. Brantner, Chairman
C.W. Kirby, Pr,ZTem
1 �'e ty County erk
EXCUSED DATE OF SIGNING - AYE
APPROVED AS To rORM: Jacquel 'n ohnso
J
G ,a
County Attorney
Frank amaguchi
880838
HEARING CERTIFICATION
DOCKET NO. 88-48
RE: HEARING TO SHOW CAUSE FOR REVOCATION OF SPECIAL USE PERMIT #454 -
OIL FIELD FLUIDS RECYCLING AND DISPOSAL SITE - WELD COUNTY
DISPOSAL, INC.
A public hearing was conducted on August 17, 1988, at 10:00 A.M. , with
the following present:
Commissioner Gene Brantner, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Jacqueline Johnson
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
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 pursuant to a notice dated August 3, 1988, and
duly published August 10, 1988, in the Platteville Herald, a public
hearing was conducted to consider revocation of Special Use Permit
#454, granted to Weld County Disposal, Inc. , c/o Howard Duckworth. Lee
Morrison, Assistant County Attorney, made this matter of record. Keith
Schuett, representing the Department of Planning Services, recommended
that this matter be continued because, after meeting with Mr.
Duckworth, it was determined that the issues in question may be
resolved. Wes Potter, representing the Health Department, said the
applicant has agreed to a letter of voluntary closure if he does not
come into compliance. Mr. Schuett read the letter concerning voluntary
closure which Mr. Duckworth has agreed to sign, saying that the Board
should receive the letter by August 22, and Mr. Duckworth shall be in
total compliance by September 9. No public comments were offered
concerning the continuance. Commissioner Johnson moved to continue
this matter to September 14, at or about 9:00 a.m. Commissioner Lacy
seconded the motion and it carried unanimously.
This Certification was approved on the 22nd day of August, 1988.
APPROVED:
/�— BOARD OF COUNTY COMMISSIONERS
ATTEST: ‘721 '� t) WELD C U TY, COLORADO
Weld County Cl ��k and Recorder
and Clerk to the Bo Gene R. Brantner,_ Chairman
eputy County C rk C.W. Kirby, Pro-Te
EXCUSED DATE OF APPROVAL
Jacqueli Vinson
n acy
Am
Frank Y mag hi
TAPE #88-36
DOCKET OE88-48
PLO447
880833
LETTER OF AGREEMENT
WELD COUNTY DISPOSAL
IREEBOARDS & SKIMMING
1 . Freeboard - In order to maintain proper freeboard levels , we
-agree to the following:
1 . If the level of ponds are in danger of freeboard level
wa will adjust the amount of liquids being taken or within 5
working days close the facility until our freeboard levels
are in this desired level . This total figure of evaporation
-is derived from natural evaporation rates of 1100 barrels a
day plus 1300 barrels a day from our sprayer. We will also
be adding another section of sprayers in Pond D, which
should increase our evaporation of another 1300 barrels per
day. So with 3700 barrels a day max of evaporation we feel
very comfortable with our evaporation rates and meeting our
freeboard requirements .
2 . Also, a concrete pad will be built to place our sprayer
on that will totally make sure that all water from spraying
unit will be placed back in pond. This concrete pad will be
installed within 30 days of acceptance by the Planning Dept.
and Health Dept.
3 . A sprayer will be installed in Pond C if the need arises
to evaporate more water than we are evaporating now.
POND C
2 . Skimming - At the present time there is a small amount of
algae & parrafin on Pond C . It represents approximately 5% of
our total pond coverage . We have spent many hours with trucks
skimming the surface of this pond. We will continue to skim on a
monthly basis to keep this material maintained and off our Pond.
POND D
Skimming - At the present time on Pond D there is no amount of
surface skim whatsover in Pond D. Any build-up of any kind will
be taken care of in a timely manner; weather permitting.
890429
LETTER OF AGREEMENT
VOLUNTARY CLOSURE PROCEEDINGS
WELD COUNTY DISPOSAL
If the Weld County Health Department deems it necessary to
temporarily close our facility for non-compliance; we will do the
following:
1 . Within 5 working days after notice from the Health Dept .
by written or verbal response we will close our facility until we
can demonstrate and show that we are in compliance with all
standards unless we can demonstrate and or show that we are in
compliance within the 5 working days before voluntary closure.
2 . Zf compliance is not made within 5 working days we will
temporarily close the facility by;
1 . Notifying all trucking company' s of our closure.
2 . Receive no liquids , brine, gel or oil fluid related
anytime whatsoever.
3 . Chain-lock the front entrance to the facility with a
sign reading, temporarily closed.
All correspondence will be made through the Weld County Health
Dept . office or Lee Morrison, Asst . County Attorney.
Voluntary closure proceedings will be mutually agreed on by:
Weld County Health Dept .
lee Morrison
Asst . County Attorney
Howard C. Duckworth
Owner of Weld County Disposal
Bob Gehler
Attorney for Weld County Disposal
Cecil Crowe
Engineer for Weld County Disposal
890429
4
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: AUGUST 17, 1988 (10:00 A.M.)
DOCKET # 88-48 SHOW CAUSE - HOWARD DUCKWORTH, DBA WELD COUNTY DISPOSAL, INC.
DOCKET #
DOCKET #
NAME g ADDRESS /� _aa HEAPING ATTENDING
i•4ci/
f- � x ;7217 `1 1 CI ) 2_ l/i'� 0d-I
; lit Rd 1c 4n-6t,/
820.129
NOT IC C E
Pursuant to the zoning 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 She -hearing to show
cause are requested to attend and may be heard.
Should 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
fora list of certified court reporters ±n 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 dive days prior to the hearing. The cost of engaging a
court reporter shall be borne by the requesting party.
BE IT -.LSO KNOWN that the text and slaps so certified by the Weld County
Planning Commission 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. S8-48 Weld County Disposal, Inc.
c/o Howard Duckworth
7551 Callaghan Road, #100
San Antonio, Texas 78229-2861
_DATE: August 17, 1958
TIME: 10:00 A.M.
SUBJECT: -Hearing to SHOW CAUSE for revocation of Special Use Permit #454 -
Oil field fluids recycling and disposal site
LEGAL DESCRIPTION: Part of the Mil NWi of Section 12, Township 1 North,
-Range 66 West of the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not unauthorized liquids are being accepted and
disposed of on the site in ponds that are not approved for
disposal, which would be a violation of Development Standard
#4.
2. Whether or not the 3-foot freeboard allowance is being
maintained on all dikes as required by the Weld County Health
Department and Colorado Department of Health. If it is not,
this would be a violation of Development Standard #9.
3. Whether or not measuring devices are located or visible in
all lagoons as required by Development Standard #11.
4. Whether or not the Special Use Kermit area has made any
changes to the plans and/or Development Standards as shown,
without prior approval for said amendments, which would be in
violation of Development Standard #14.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND -RECORDER
AND CLERK TO THE BOARD
BY: Mary Rei₹f, Deputy
_DATED: -August 3, 1988
PUBLISHED: August 10, 1988, in the Platteville Herald
8S0423
x.aOTICE
P ursuant Sk M minks teuw of
0a SS 0 Comrade and to
Weld r"•-'}toning Ordinance, •
--G public Mang will no bold In the
A f f trkwit of PubLtcation Chamber M the Board of County
C•mnt ealearo of Weld County,
Colorado, Weld County Conton-
n lal Caner,015 10th_Street, First
Floor, 0pWy, Colorado, at iM
limo Sansone in any
manner 1eaarooted In the hearing
STATE OF COLORADO lattteno dat �be hoard.
requested to
County of Weld SS. Should my Interested
of eosin ere-
r
porter Samba • record of the
to the
I A.Winkler Rleselof said County of Weld being duly sworn.-say qp reed which In -will Aso-kept
that I am publisher of during Sts boating, the Clerk to
Platteville Her-aid �„Boatels dEataurufw court
that. the same is a weekly newspaper of general circulation was reporters SAM area. 11 • mar
printed-and published in the town of there,la OffIad, haSYo- to
the its is cal n shall be k
d.
Ci- f • 13;3 tee„ vied Wring of suds amionmt
V�L�P- , lest Rats priorna 1M Mar-
in said county-and state that the notice of advertisement,of which -M•7M sent of engaging •0atwt
the annexed is a true copy has been published in said weekly newts MS beteiie by the no.
newspaper for SE a WOO KNOWN that th•
tMaotirhgti•
se owned by Os
Ti_,,,...).._ consecutive weeks: t-1 Itg iI►'
that the notice was published Inihe regular andautire issue of every S v
number of said newspaper during the_per1od and time of publication flee is the Board e4
of said notice and in the newspaper proper and-not in a supplement Co are, INaled
thereof:that the first publication of said notice was contained in the in thp JiWMy Contsnnlal
issue of said newspaper bearing the date of 70111 Snot, WNW
Floor,-Oasis,Tornado.
1-‘-i" A.D..19riI and the last publication DOCKET ell-411
thereo. the issue-of said newspaper,bearing date. --
Weld County Disposal. Inc.
the o2-q -day of c/o Howard Duckworth
/'^ 7551 Callaghan Road,4100
l QA,-ytJ--t-i 190,`. that the said San Amomo, Texas 111229-2851
J DATE: gepL 14, Ma
V4A. 14-2-&ASCPC TIME: 1000 A.N.
has been published trontinuouslyand uninterruptedly during the tu la DHOW
period of at least fifty-two consecutive weeks next prior to the-first _CA of SpN1al
Issue thereof containing said notice or advertisement above referred -U OS Sold Aso
to: and that said newspaper was at the time of_each of the teat dNpaaalylb
publications of-said notice duly-qualified forlhat purpose within the LEGAL ION: Part of Um
meaning of an act entitled, "An Act Concerning Legal Notices. -NW M et Senn /2.
Advertisements Publications and the Fees of-Printers and Township rth, Range e5Weot
Publishers ther , and to Repeal all Acts and-Parts of Acts in of the MN P.M.,Wald County.
Conflict with th visions of this IT • aril 7. 1921• Colorado
all am mr
-gymISSUES;• May 1 • 1. 1.Sheller or not unauthorized
liquids Asp,MM sampled and
disposed i on the alto in ponds
,— blisher that are not approved for dis-
posal,with would be a violation
Sub ripe bed end sworn to before me this_it of of 2. Whot fem Standard M.
(,t;ta oNt. WMqptSy or and the 3-foot
A.D. 19 freehold,' ""ill, Is being
mal :ion all dikes as re-
quired bY'the Wald County Health
ma-A_ ,�I 0 •'_— De •end Colorado Do•
parji (ltWonita It is not,this
11 Notary Public mend`IMNIardt. of Devtlop-
ment
FORT LUPTON PREss 3asuring
a . tss111er-,ieeaad or or not eaib10 hi
415 Denver Ave. as legentias required by Dewel•
Fort Lupton,CD 80621 optimal Woaard II I.
4.1RMdta or not the Special
Ur Pes1N area has made any
champ*la Me plane and/or De-
valop•a1t,PlrWarde as ohewn.
My commission expires June 1992 without-.kw approval for said
My Commission expires June 30, 1992 vmaa on of which would be
ainemim of DehhpwntbeIn
-Stan-
dard pia.
BOARD OF
COUNTY COMMISSIONERS T14-110
' '®'�2ww
WELD COUNTY,
_COLORADO
4Y: MARY ANN FEUERSTEIN
_COUNTY CLERK
AND RECORDER
ANd ?OTHE BOARD
SUMPS
BY:110S Deputy
OA . r. S. ins
heibliellih the Plattevite•Her-
, ald, AtrpM as 2a, tea
• a
j Affidavit ojPublication , t.
t
i
t -
STATE-OF COLORADO) A-
County-of Weld) ss.
•
1 A. WRINKLER RTFcm' of
e said Countyaf Weld beingiduly sworn.say that I
am publisher of PLATIIEVILLE HERALD
that the same is-a weekly-newspaper of genera?' •
circulation was printed and published in the
town of NOTICE riL
PLATTEVTT7-F: "'
l Pursuant to the zoning LEGAL DESCRIPTION: Part of the
maaldCDuntyandatHtCthatthenOUCCOfadVCM1 the Stale of Colorad :qe NW 1/4 NW 1/1 0l Section 1Y,
mental-which l-which the annexed is awe copy has Weld itounty Zoning O 4 Township 1 North,4iange 66 West
been published in aald weekly newspaper for{ public hearing will he of the 6th P.M., Weld County,
//�� Chambersaf the Board 0f a'eabt Colorado
Uilv..S_ -consecutive Commissioners of Weld:.County ISSUES:
Colorado, Weld County Centen-
weeks: that the notice was published In the raid Center, 016 101hat 1. Whether or not unauthorized
regular and entire issue of every number ofsald Floor, Greeley, Colored
liquid. are being accepted and
time specified.x111 perso disposed of on the site in ponds
yteaspaper_during the period and time of publics- manner interacted in Ih! - y that are not approved for-tlit-
Don of said notice and in the newspaper proper la show cause sn req Possl,which would be• violation
and not in a supplement thereof: that the first attend and may be heardk"" Y of Development Standard k4.
PP re-
Should sn inlereste 2. Whether or not the 3-
pub8eatlon of saw' notice was contained in the v ;v My freeboard -allowance Is being
1 desire the presence o/a A. 9
issue of said newspaper bearing the�81e. the zproce make • reror Witte maintained on all-dikes as re-
t orter to record in arecor cW itte bolted by the Weld County Health
/0 De-
taped in a will-teet Department and Colorado De-
/U date afar-"A.D.- 19 � zduring the hearing, the would rat of Health. II it is not,this
-`�'^" Clerk would be • violation of Develop
-
the Board's Office can INS. ton.
and the last publication thereof. in the issue of lamed for.list of eeruned court ment Standard 49.
said newspaper.bearing date.the day of reporters in the area. Its*court . Whether or not measuring
is obtained, the t1wk ill devices ere located or visible in
/'� I �/ the reporter lac Office shall boat
oh. lagoons as requir¢tl by�evel-
1`^1'',-."",10(_`^,',•"r ' 19X1 that the said visetl in writing of such 'keen at opment Standard rill.
least five days prior to tlie'lteer- 4. Whether or not the Special
Init. The cost 01mn a in e swrl Use-Permit area has made any
PLATTI VILLE HERALD reporter-shall be borne achanges to the plans and/or De-
has been published Aonunously and uninter- questing party. b'�* ent Standards es shown,
ruptedly during the period-of at least fifty-two BE IT ALSO KNOWN soy' INe without prior approval for said
text and maps so ceriifieat: amendments, which would be in
curlsecutil'e-weeks-next prior to the first issue Weld County Planning violation of Development Sten-
i thereof containing said notice or advertisement son may be examined In lord #14.
above referred to: and that said newspaper was lice of the Clerk to the BOARD OF
at the time-ofeach of the publications of said County Commissioners, ariarara COUNTY COMMISSIONERS
In the Weld County Centerprtei WELD COUNTY,
notice duly qualified for that purpose within the Center, 915 10th Street 7SA COLORADO
meaning of-an act entitled. "An-Act Concerning Floor,-Greeley,-Colorado.<':"' MARY ANN FEUERSTEIN
Legal Notices. Advertisements an Publications
DOCKET NO. 88-46 COUNTY CLERK
and the Fees of Printers and Publishers thereof. AND-RECORDER
-and to Repeal all Acts and Parts-Of Acts in Con- DATE: August 17, 1988 AND CLERK TO THE BOARD
711c1 with the Provisions of this Act"approved ITIME: 10:00 A.M. fill: Mary Reiff, Deputy
April 7. 1921 and all amendments thereof. and
�mrticularil as amended b' an ac -e• eyed. I SUBJECT: Hearing to DATED: August 3, 1988
March 30 923: d an F . !'r.v'e r Ma) 13. Us.Permit *454 -SE for Oil fon l Published in the Plsttsville Her-
4I•
/ �. recycling and disposal • altl, August 10, INC
Yy.
'ubltsher`'
bedand sworn to fore me this_jO
day of \{.tA4 sA^ AY) Ill x n. -
—ha-v1— [tan I'ubllc
FORTLUPTON PRESS
415 Daeve-A..,.
Fort Lupton,tO 80621
• dip commission-repine L
890429
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fig SENDERi Complete items 1 end2 when eddltbrW aervlco are desired, and mompleta Items 3
end 4.
Put your address In the "RETURN TO"SPeceaan the reverse side. Failure toado this will prevent this
card from being returned to you. The return receipt fee-will orovide you-the name-of the Person
delivered to)nd the date of deliver* oor additional fees the following services are available.Consult
Postmaster for fees end check box x)foradditlonal-servlce(s)requested.
1. 0 Show to whom4elivered,date,and addressee's address. 2._O-Restricted
M a„o Delivery
t(Extra charge)t
S. Article-Addressed to: 4.-Article.N bar,
WELD COUNTY DISPOSAL, INC. Type of Service:
C/0 HOWARD DUCKWORTH 0 Registered ❑ Insured
7551 CALLAG-HAN ROAD, #100 WCenified 0 COD
_SAN ANTONIO, TX 7822-9-2861 0 Express Mail
Always bb ignature of addressee
_ __ oragent an DATE DELIVERED.
5. Signature—Addressee 8. Addressee's Address(ONLY if
requested and fee paid)
X
6. re--Agent is v`^(X
7.Date ivory
PS Form_3611, Mar.1987 *u.64RO.1N7.17F245 DOMESTIC RETURN RECEIPT
890142
rt Wig,
August 3 , 1988 vyry
tcZ 'f'` ,
t AUG 88 p
Board of County Commissioners ��� d,
Weld County gRkev�,o b.'.
915 10th St.
Greeley, Co. 80631
Dear Commissioners,
I just received a letter today August 3 , 1988 , from Mr . Keith A.
Schuett the currentplanner with the Department of Planning
Services concerning a hearing for Weld County Disposal to be held
today -August 3rd at 9 : 00 a.m.
The letter was written July 26th and mailed to me on July 29th
and I just received it today August 3rd. It seems unfair to
respond to any public -hearings if I 'm not given proper notice.
I would like to recommend to the Board of County Commissioners
that; Mr. Keith _Schuett , Mr. Wes Potter, myself , my engineer and
my on site manager meet with each other on August 10th to
discuss and take care of these 3 non-compliance items in
Development Standards 4 , 9, & 14 of SUP-454 .
I -personally feel that all matters can be taken care of with the
Planning Department and a recommendation for a Show Cause Hearing
can the avoided.
We all have grade great strides i-n making Weld County Disposal a
much better site since I purchased the facility in 1983 and
hopefully we can continue to show and give you our best effort in
keeping the site in compliance.
Thank you for your time.
Yours f Truly,
Howard C. Duckworth
cc : Keith A. Schuett
Wes Potter
Lee liorrison
890429
(C.C40494
DEPARTMENT = PLANNING SERVICES
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Weld County Disposal
w 8207 Callaghan Road, #325
w San Antonio, TR 78230
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DEPART ENT OF PLANNING SERVICES
PHONE(303)356-4000 EXT. 4400 lt; 915 10th STREET
1 GREELEY,COLORADO 80631
I
COLORADO
July 26, 1988
Mr. Howard Duckworth
Weld County Disposal
8207 Callaghan Road, #325
San Antonio, TX 78230
Re: ZCH-31
Dear Mr. Duckworth:
Notice is hereby given that on Augu• 3, -988, at 9:00, or as soon
thereafter as the agenda of the Board of nty _Commissioners permits, the
Board of County Commissioners of Weld County will hold a Probable Cause
public hearing pursuant to Section 81 of the Weld County Zoning Ordinance.
This meeting swill take place in the Commissioners' Hearing Room, Weld County
Centennial Center, 915 Tenth Street, Greeley, Colorado.
The purpose of this public hearing will be to review case number ZCH-311 for
compliance with the Development Standards as approved by the Board of County
Commissioners to April 21 , 1981, to determine if probable cause exists to
hold a hearing on revocation of -SUP-454.
Inspection by representatives of this office have identified that you are
not in compliance with Development Standards -4, 9, and 1-4 of SUP-454.
If it is determined -at the public hearing that there is probable _cause that
you are not in compliance with the Development Standards, the Board of
County Commissioners will schedule a Show Cause public hearing to consider
revocation of the Special Review permit.
If you -have any -questions regarding this matter, please telephone.
Respectfully,
SWSchuett
Current Planner
KAS:dn
pt Wes Potter, Weld County health Department
890429
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