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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 U O co J z O N Q H '-I i IT f o cn ./.N s0 w I-4E- LLa� 0 c4 o IS} It u z y Pi 3 a4 = - -a,> 00 1L `. m V] x m d 2 \ V" W `�s a -I--i U F o, mo ii U w 1 q q q •, C) Iic is 30 \ A O a o v P+ U O a °v °" c v S #-I d' H I w m m m a ca LL Z C H o z a as a' p O d' t7 o o ? n r a o ~ao 03a1 F C : CI. WC) 0ooz. LL o aE aJ a W RI —4 cfl a 0 L Z 'Co a a =3 oc H " Cc w 0 N1 Qi a o cc a Qw CO d U n S861 aunt 008£ wiod Sd _ 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 �� Nene. PcitSQ I ED EE 1,F :;_m..__/ JUL29 99 -et• iii � � Alltsscrts. Fl-RST- CLASS " , ! o co-o LIcil ei sus-- to p 03 0 0 a cc (lip Mr. Howard Duckworth Weld County Disposal w 8207 Callaghan Road, #325 w San Antonio, TR 78230 w m 0 I L1.1 Gl ty y� flO59 F T +Tr x , x C r' "s YP CO P _ y 4'c ". ! "�f ° LO +p1'" ' rCIi5'44'4 I « ar :.t, .'-:. ,'iw� '�.' t /it.f. may, S t 1: T F Y, X•1 p. J t 890429 < < a.it. H i 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 Hello