HomeMy WebLinkAbout860521 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST SHERWOOD LANGLEY FOR VIOLATION OF SOLID
WASTE DISPOSAL SITES AND FACILITIES REGULATIONS
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 Weld County Health Department has informed the
Board of County Commissioners that Sherwood Langley is in
violation of the Solid Waste Disposal Sites and Facilities
Regulations , Chapter 30 , Article 20 , Sections 102 through 113 ,
CRS , as amended, and
WHEREAS, the property on which said violation is occurring is
described as being located in Section 35 , Township 5 North, Range
65 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS , despite repeated requests , said violation has not
been corrected , and
WHEREAS, the Board deems it necessary to bring legal action
against Sherwood Langley to correct said violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that Thomas 0. David , Weld
County Attorney, be, and hereby is , authorized to proceed with
legal action against Sherwood Langley, any other persons occupying
the property, any persons claiming an interest in the property,
and any persons acting in active concert with him, to remedy the
violation of the Solid Waste Disposal Sites and Facilities
Regulations .
860521.
,4,/. % i , -(IA - ";C:
Page 2
RE: DISPOSAL SITE VIOLATION - LANGLEY
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 28th day of
May, A.D. , 1986 .
/f ��77 (.rv' BOARD OF COUNTY COMMISSIONERS
ATTEST: \j '7 Qtunia WELD COUNTY, COLORADO
Weld County erk and Recorder \
and Clerk to the Board J cqu i e son, Cjiairman
B i , G y. em
Deputycounty Cle t
APPROVED AS TO FORM: Gene R. Brantner
C .
/ ' 7 C. . Kir /
'LW \ _cam lc, ' County Attoa.c:i
ney ---tryFr Y
860521
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/,/ 4DEPARTMENT OF HEALTH
! _ c PHONE(303)3530340
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JGP ELEY COL CE.'CO
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OLOR ADO Certified # P 310 899 639
May 12, 1986
Sherwood Langely
1840 49th Street
Greeley, Colorado 80631
Dear Sir:
Certified letter P 310 899 544 of March 17, 1986 from this office and
delivered to you on March 19, 1986 (see attached copy) , required that within
30 days of the receipt of that Notice of Violation, you bring the described
site into compliance with the "Solid Waste Disposal Sites and Facilities
Regulations", or to submit a proposed schedule for compliance to this office
for review.
As of this date May 12, 1986, we have not received such a schedule for
compliance and the site is continuing to be out of compliance with Chapter 30,
Article 20, Sections 102 thru 113, Colorado Revised Statutes 1972 as amended.
Therefore, please be advised that this matter shall be heard before the Weld
County Board of County Commissioners at 915 — 10th Street, Greeley, Colorado,
in the 1st floor hearing room on May 28, 1986 at 9:00 A.M. The Board shall
consider authorizing the Weld County Attorney's office to commence legal
action.
Be further advised that you have the right to be present at this hearing
and/or be represented by counsel. Should you have any questions concerning
this matter, feel free to contact this office at 353-0635.Sincerely,)
1.4)/(1°ly' C� ,
2
Wes Potter, Director
Health Protection Services
WP/bks
cc: Ralph R. Wooley, M.D. , Director Weld Ccunty Health Department
Lee Morrison, Assistant County Attorney
Jacquline Johnson, Chairwoman, Weld County Commissioners
Bradley Miller, EPA
Terry McKee, Corp of Engineers
860511
ltr- 1• DEPARTMENT OF HEALTH
el• PHONE(303)353-0540
.f I 1516 HOSPITAL ROAD
GREELEY,COLORADO 8063.
1
Certified #P 310 899 544
COLORADO Legal Action #86-17
March 17, 1986
Sherwood Langley
1840 - 49th Street
Greeley, CO 80631
Dear Sir:
An inspection of your property at, 1840 - 49th Street, Greeley, Colorado, in
Weld County, Colorado, showed that a portion of that property was being used
as a waste disposal site. The inspection made on March 14, 1986 revealed
accumulations of recently dumped trash, junk and unknown rubble were being
deposited into and along a channel of the South Platte River.
Your attention is directed to Chapter 30, Article 20, Section 102, C.R.S. 1973
as amended, which states in part as follows:
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
aid facility is located.
(2) Solid wastes disposal by any person within the
incorporated or unincorporated portion of any county is
prohibited except on or at solid wastes disposal site and
facility for which a certificate of designation has been
obtained as provided in Section 30-20-105 or which has
been approved by a city, city and county, or town within
the boundaries of which the site and facility are
situated.
(3) Notwithstanding the provisions of subsections (1) and (2)
of this section, any person other than a governmental unit
may dispose of his own solid wastes on his own property,
as long as such solid wastes disposal site and facility
complies with the rules and regulations of the department
and does not constitute a public nuisance.
.- a
• Page 2
Sherwood Langley
March 17, 1986
Also, this site does not conform to the minimum standards described in Section
110 of the above mentioned act in that it does not prevent water pollution,
minimize nuisance conditions, prevent ponding, provide compaction and have
adequate cover. Section 30-20-110, section b & d state:
(b) "Such sites and facilities shall comply with the health laws,
standards, rules, and regulations of the department, the Water
Quality Control Commission, and all applicable zoning laws and
ordinances."
(d) "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; and shall provide compacted fill
material; shall provide adequate cover with suitable material and
surface drainage designed to prevent ponding of water and wind
erosion and prevent water and air pollution; and, upon being filled,
shall be left in a condition of orderliness and good esthetic
appearance and capable of blending with the surrounding area. In
the operation of such a site and facility, the solid wastes shall be
distributed in the smallest area consistent with handling traffic to
be unloaded; shall be placed in the most dense volume practicable
using moisture and compaction or other method approved by the
department; shall be fire, insect, and rodent resistant through the
application of an adequate layer of inert material at regular
intervals, and shall have a minimum of windblown debris which shall
be collected regularly and placed into the fill."
This site is in violation of the above mentioned sections of the act. You
have ten (10) days from the receipt of this notificatio❑ to cease use of this
site and to submit .a plan for clean-up of the site. Your attention is
directed to Section 113 and 114 of the act:
30-20-113. ENFORCEMENT - CIVIL PENALTY
(1) Any solid wastes disposal site and facility found to be
abandoned or that is operated or maintained in a manner so
as to violate any of the provisions of this part 1 or any
rule or regulation adopted pursuant thereto shall be
deemed a public nuisance, and such violation may be
enjoined by a district court of competent jurisdiction in
any action brought by the department, the board of county
commissioners of the county wherein the violation
occurred, or the governing body of the municipality
wherein the violation occurred.
•
Page 3
Sherwood Langley
March 17, 1986
(2) Disposal of solid waste at a location other than a site
designated for such use by a county or municipality is a
violation of this part 1, unless otherwise exempted by this
part 1 or unless the person is disposing of his own solid waste
on his own property, and shall be subject to clean-up and cease
and desist orders. Such orders may be issued by the board of
county commissioners if the violation occurred in the
unincorporated area of the county, or by the governing body of
a municipality if the violation occurred within the
municipality. Any person who fails to comply with such orders
shall be subject to a civil penalty of not more than two
thousand dollars for each day of such violation. Such violation
and civil penalty shall be determined and enforced by a court
of competent jurisdiction upon action instituted by the board
of governing body which issued the orders. Any penalty
collected shall be distributed to the county or municipality
which instituted the action.
(3) Nothing in this section shall preclude or preempt the authority
of a county or municipality to adopt or enforce its own local
resolutions or ordinances.
30-20-114 VIOLATION — PENALTY. Any person who violates any provision of this
part 1 is guilty of a misdemeanor and, upon conviction thereof ,
shall be punished by a fine of two thousand dollars, or by
imprisonment in the county jail for not more than thirty days, or by
both such fine and imprisonment. Nothing in this part 1 shall
preclude or preempt a city, a city and county, or an incorporated
town from enforcement of its local ordinances. Each day of
violation shall be deemed a separate offense under this section.
•
If we may assist you in any way or should you have questions related to this
notice, please do not hesitate to contact this office at 353-0635.
LP
Sincere
,. tti a -
es Potter, Director
Health Protection Services
WP/bks
cc: Dr. Ralph Wooley, Director Weld County Health Department
Lee Morrison, Assistant County Attorney
Bradley Miller, EPA
Terry McKee, Corp. of Engineers
J,41€O sr„,
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
ONE DENVER PLACE - 999 18TH STREET - SUITE 1300
DENVER, COLORADO 80202-2413
APR 2 1986
CERTIFIED MAIL/RETURN RECEIPT REQUESTED
Ref: 8WM-SP
Sherwood Langley
1840 49th Street
Greeley, Colorado 80631
Re: Administrative Order
Dear Mr. Langley:
The purpose of this letter is to transmit to you an Administrative Order
pursuant to the Clean Water Act (CWA) Section 309(a) , 33 U.S.C. Section
1319(a) , in response to recent unpermitted fill activities in the South Platte
River in Weld County near Evans, Colorado.
The Order requires you to immediately cease the unpermitted discharges of
fill material and to develop a plan for the restoration of areas which are
waters of the United. States.
The Order also provides you with an opportunity to meet with EPA within
ten days of receipt. At such meeting, EPA would explain the Order's
requirements and solicit comments on and possible objections to the Order.
Please be advised that CWA Section 309(d) , 33 U.S.C. Section 1319(d) ,
authorizes civil penalties to landowners and contractors of up to $10,000 per
day of violation of this Order and CWA Section 309(c) , 33 U.S.C. Section
1319(c) , authorizes fines of $25,000 per day and imprisonment for not more
than a year for willful or negligent violations of CWA Section 301 , 33 U. S.C.
Section 1311 .
Sincerely, ,
/' Max H. Dodson
/ Director
Water Management Division
cc: John Morton, COE
Gary Broetzman, WQCD
Weld County
I _
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
IN THE MATTER OF ) DOCKET NO. 84O '- (9
Sherwood Langley ) FINDINGS OF VIOLATION
) AND
Proceedings under Section 309(a) )
ORDER FOR COMPLIANCE
of the Clean Water Act, )
33 USC Section 1319(a) )
STATUTORY AUTHORITY
The following FINDINGS are made and ORDER issued pursuant to the authority
vested in the Administrator of the Environmental Protection Agency (EPA) by
Section 309 of the Clean Water Act (CWA) , 33 USC Section 1319, and by the
Administrator delegated to the Regional Administrator of EPA Region VIII , and
redelegated by the Regional Administrator of Region VIII to the Director,
Water Management Division, Region VIII.
�7a
FINDINGS
1 . Sherwood Langley owns and operates property located at 1840 49th Street
in Greeley, Colorado (Weld County). Said property is in Section 35,
Township 5 North, Range 65 West.
2. In the recent past, Sherwood Langley placed, or allowed to be placed,
fill material in and along a side channel of the South Platte River.
Said filling activities continue to occur.
3. The channel referenced in Paragraph 2, above, is a navigable water,
i .e. , a water of the United States under CWA Section 502(7) , 33 USC
Section 1362(7) , 40 CFR Section 122.2. , 33 CFR Section 323.2(a) , and
40 CFR 230.3(s) . This determination was based on analysis of the the
hydrology of the area.
4. Said discharges of fill material were carried out without the required
permits issued pursuant to CWA Section 404, 33 USC Section 1344.
5. Said unpermitted discharges of dredged and fill material to navigable
waters constitute violations of CWA Section 301 , 33 USC Section 1311 .
• 1
6. The presence of said dredged and fill material continues to cause harm
and the risk of additional harm as pollutants continue to leach into
navigable waters, as erosion and flood risks persist, and as aquatic and
wildlife habitat is impacted downstream.
7. Immediate restoration of the affected area is appropriate because of this
harm and the risk of additional harm.
8. Restoration will confer maximum environmental benefits since mere removal
of the material will not abate the actual and potential harm from water
quality degradation, erosion, flooding, and loss of habitat.
9. Replacement of the affected area to a condition which approximates its
condition prior to filling activities is achievable as a practicable
matter through commonly used construction, digging, filling,
revegetation, and best management practices.
10. Such reasonable and achievable restoration or replacement efforts would
bear an equitable relationship to the violations and wrongs described
herein.
ORDER
Based upon the foregoing FINDINGS, and pursuant to the authority vested
in the Administrator, Environmental Protection Agency, under the CWA Sections
308 and 309(a) , 33 USC Sections 1318 and 1319(a) , and by him delegated to the
Regional Administrator, and redelegated to the undersigned, it is hereby
ORDERED:
1 . Immediately upon receipt of this order, Sherwood Langley shall cease
any additional placement of fill material in the waters of the
United States referenced in the FINDINGS Paragraphs 3 and 4.
2. Prior to June 30, 1986, Sherwood Langley shall submit a plan to the
Environmental Protection Agency for review and approval which
addresses the physical restoration of the waters of the United
States (which are identified above) to their approximate pre-project
conditions.
This work shall include the physical removal of the fill which was
placed in the channel of the South Platte River and the placement or
restoration of the vegetation which existed on the channel banks
prior to the filling activity.
This work shall be completed to the approval of the Environmental
Protection Agency in consultation with the Weld County Department of
Health.
3. Sherwood Langley shall apply to and receive from the Omaha District,
Corps of Engineers all individual Section 404 permits necessary for
the construction of the project prior to any future discharges of
dredged or fill material into waters of the United States.
4. Sherwood Langley shall submit reports to the Environmental
Protection Agency every sixty (60) days until final removal and
restoration is completed. Said reports shall detail the status of
the removal and restoration activities. The first report is due on
June 30, 1986 with sucessive reports due every sixty (60) days
thereafter.
5. All correspondence and all plans and reports to be submitted for
review and approval by the Environmental Protection Agency shall be
submitted to:
Max H. Dodson, Director
Water Management Division
U.S. Environmental Protection Agency
Region VIII
999 18th Street Suite 1300
Denver, Colorado 80202-2413
6. This ORDER shall be effective upon receipt. However, Sherwood
Langley shall be allowed to meet with EPA within ten (10) days of
receipt hereof in order to provide to EPA comments and objections to
the ORDER.
Please be advised that 33 U.S.C. Section 1319(d) authorizes civil
penalties of up to $10,000 per day of violation of this ORDER and 33 U.S.C.
Section 1319(c) (1 ) authorizes fines of $25,000 per day and imprisonment for
not more than a year for willful or negligent violations of the Clean Water
Act. Issuance of this ORDER shall not be deemed an election by the United
States to forego any civil or criminal action to seek penalties, fines, or
other appropriate relief under the Clean Water Act for the violations giving
rise to this ORDER. Compliance with the terms and conditions of this ORDER
shall not be construed to relieve the orderee of its obligations to comply
with any applicable Federal , state, or local law.
DATED this ,c2d,d day of /9j2ril , 1986.
SbL �LI'--.
x H. Dodson
p RECTOR, WATER M 1GEMENT DIVISION
" J�A EO S,tfS
Sarikri
o t, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
*., PRo,C REGION VIII
ONE DENVER PLACE — 999 18TH STREET — SUITE 1300
APSZ see DENVER, COLORADO 80202-2413
Ref: 8WM-SP
John Morton, P.E.
Regulatory Functions Branch
Omaha District, COE
P.O. Box 5
Omaha, Nebraska 68101
Re: Notice of Proposed Issuance of an
Administrative Order
Dear Mr. Morton:
This letter serves to inform you of the Environmental Protection Agency 's
intent to issue an Administrative Order to Mr. Sherwood Langley of 1840 49th
Street, Greeley, Colorado for an unauthorized discharge of fill material into
the South Platte River.
Due to the impending issuance of this Administrative Order, we request
that the Corps of Engineers not process or accept any application for a
Section 404 permit for retention of this material .
We have enclosed a copy of the draft Administrative Order for your review
and comment. Please provide all comments on this activity and the draft Order
to Bradley Miller of my staff.
Sincerely,
tik.14 �
Max H. Dodson
(79.
Director
Water Management Division
Enclosure
.0/
DEPARTMENT OF THE ARMY
¢ �.� OMAHA DISTRICT. CORPS OF ENGINEERS
C.'
a 6014 US. POST OFFICE AND COURTHOUSE
\ OMAHA. NEBRASKA 68102-4978
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REPLY TO '..I 1 1986 1/, t , _�c� r -"'SOS
ATTENTION OF I n
f 1 �j
Regulatory Branch PO Box 5, Omaha, NE 68101-0005 I�qp[)( R ?1988
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Sherwood Langley
1840 49th Street
Greeley, Colorado 80631
Dear Mr. Langley:
This concerns the construction of a jetty and other fill
discharge below the ordinary high water mark of the South Platte
River in the NW' of Section 31, Township 5 North, Range 65 West,
Weld County, Colorado. These conditions were confirmed by Mr. Terry
McKee of my Regulatory Staff.
The Corps of Engineers is responsible for administering Federal
laws that regulate certain activities in the waters of the United
States. The specific authority relative to the above activity
is Section 404 of the Clean Water Act (33 U.S.C. 1344). Section
404 prohibits the discharge of dredged or fill materials into
streams, natural lakes, and wetlands without a Department of the
Army permit issued prior to the start of construction.
My records indicate that the required permits were neither
applied for nor granted. Therefore, the work was performed in
apparent violation of these Acts, and you are hereby directed
to cease and desist any further unauthorized work at the site.
Current regulations provide for subsequent enforcement
procedures in the form of administrative and/or legal action based
on an evaluation of the circumstances surrounding a violation.
At this time, I am not accepting your after-the-fact application
but doing a further evaluation of your project. This evaluation
will include soliciting the views of the U.S. Environmental
Protection Agency, the U.S. Fish and Wildlife and other appropriate
Federal, State and local agencies. You are encouraged to furnish
any further information that you feel will assist me in making
my decision.
If you have any questions, contact Mr. Martin Keller, Chief,
Monitoring and Enforcement Section, at telephone number (402)
221-4128.
Sincerely,
STGv .k.4 -J, u:=ST
Steven G. West
Colonel, Corps of Engineers
District Engineer 860521
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