HomeMy WebLinkAbout920990.tiff RESOLUTION
RE: APPROVE CERTIFICATE OF DESIGNATION - WASTE SERVICES COMPANY
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 the 14th day of October, 1992, a public hearing was held in the
Chambers of the Board of County Commissioners of Weld County, Colorado, for the
purpose of considering whether to grant a Certificate of Designation to Waste
Services Company, c/o Brad Keirnes, P.O. Box 3365, Greeley, Colorado 80633, said
site to be located on the following described property:
Part of Sections 2 and 3, Township 2 North, Range 64
West, and part of Sections 26, 27, 34, and 35, Township
3 North, Range 64 West of the 6th P.M. , Weld County,
Colorado
WHEREAS, said applicant was represented by Brad Keirnes, and
WHEREAS, this request for a Certificate of Designation was submitted in
conjunction with a request for a Site Specific Development Plan and Special
Review Permit for a solid waste disposal site and facility in the A
(Agricultural) Zone District which was approved by the Board, and
WHEREAS, Section 32-20-104, CRS, as amended, requires the Board to take
into account certain factors to approve a Certificate of Designation and, having
taken into account said factors, finds as follows:
1. The Conditions of Approval and Development Standards included in USR
11966 will minimize the impacts on the surrounding property and the
area to the greatest extent possible. The Conditions of Approval
and Development Standards will also provide adequate protection of
the health, safety, and welfare of the inhabitants of the area and
the County.
2. The location of the solid waste disposal site will be convenient and
accessible to potential users. Access to the site is proposed from
Interstate Highway 76 to a paved private road at the north end of
Weld County Road 59. The County Engineer has reviewed the
application and recommended approval subject to a road improvements
and maintenance agreement for Weld County Road 59. The applicant
has agreed to meet these requirements.
3. The applicant has demonstrated in the submitted application
materials an ability to comply with the health standards and
operating procedures of the Solid Waste Disposal Site and Facilities
Act, Title 30-20, Part 1, Colorado Revised Statutes.
4. The Colorado Department of Health and the Weld County Health
Department have reviewed this request and have recommended
conditional approval of the proposed solid waste disposal site and
facility.
920990
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CERTIFICATE OF DESIGNATION - WASTE SERVICES COMPANY
PAGE 2
5. The submitted application materials are in compliance with the goals
and policies of the Weld County Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Certificate of Designation for Waste Services Company,
c/o Brad Keirnes, P.O. Box 3365, Greeley, Colorado 80633, on the hereinabove
described real property be, and hereby is, granted subject to the following
conditions:
1. The property shall be maintained in compliance with USR 11966, all
submitted application materials on file with the Department of
Planning Services, and all applicable requirements of the Weld
County Health Department and Colorado Department of Health.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 14th day of October, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: aduet WELD CO NTY, COLORADO
Weld County Clerk to the Board
George Kenn dy, Cealirman
BY: 4gi },. /r 77 i Lf
Deputy Clerk to the Board--\ Constance L. Harbert, Pro-Tem
AP .R D AS TO FORM:
� �" C. W. Kirb
/ ounty Attorney Gord . Lacy
W. . Webster
920990
WELD COUNTY, COLORADO
CERTIFICATE OF DESIGNATION
In accordance with the provision of Sections 30-20-101 through 30-20-115, CRS,
as amended, the Board of County Commissioners of Weld County, Colorado, hereby
grants a Certificate of Designation for a solid waste disposal site and facility
in the A (Agricultural) Zone District.
Location of Site: Part of Sections 2 and 3, Township 2 North,
Range 64 West, and part of Sections 26, 27,
34, and 35, Township 3 North, Range 64 West
of the 6th P.M. , Weld County, Colorado
Name and Address of Responsible Operator:
Waste Services Company
c/o Brad Keirnes
P.O. Box 3365
Greeley, Colorado 80633
This Certificate of Designation may be temporarily suspended or revoked, after
reasonable notice and public hearing, for cause as outlined in Section 30-20--112,
CRS, as amended.
Issued this 14th day of October, 1992, at Weld County, Colorado.
Signed:
George K edy, Chairman
Board of County Commissioners
920990
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Richard Kimmel that the following resolution be introduced for passage by
the Weld County Planning Commission. Be it resolved by the Weld County Planning
Commission that the application for:
NAME: Waste Services Company, c/o Brad Keirnes
ADDRESS: P. 0. Box 3365, Greeley, CO 80633
REQUEST: A Certificate of Designation for a solid waste disposal site and
facility.
LEGAL DESCRIPTION: Part of Sections 2 and 3, T2N, R64W, and part of Sections
26, 27, 34, and 35, T3N, R64W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Approximately 3.5 miles north of the Town of Keenesburg; approximately
.5 miles west of a private paved road at the north end of Weld County
Road 59 right-of-way.
The Planning Commission recommends approval of this request for the following
reasons:
1. The conditions of approval and development standards included in USR-966 will
minimize the impacts on the surrounding property and the area to the greatest
extent possible. The conditions of approval and development standards will
also provide adequate protection of the health, safety, and welfare of the
inhabitants of the area and the County.
2. The location of the solid waste disposal site will be convenient and
accessible to potential users. Access to the site is proposed from Interstate
Highway 76 to a paved private road at the north end of Weld County Road 59.
The County Engineer has reviewed the application and recommended approval
subject to a road improvements and maintenance agreement for Weld County Road
59 . The applicant has agreed to meet these requirements.
3. The applicant has demonstrated in the submitted application materials an
ability to comply with the health standards and operating procedures of the
Solid Waste Disposal Site and Facilities Act, Title 30-20, Part 1, Colorado
Revised Statutes.
4. The Colorado Department of Health and the Weld County Health Department have
reviewed this request and have recommended conditional approval of the
proposed solid waste disposal site and facility.
920989
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RESOLUTION, CERTIFICATE OF DESIGNATION
Waste Services Company, c/o Brad Keirnes
Page 2
5. The submitted application materials are in compliance with the goals and
policies of the Weld County Comprehensive Plan.
This recommendation is based, in part, upon a review of the application submitted by
the applicant, other relevant information regarding the request and the responses of
the referral entities.
The Planning Commissions' recommendation for approval is conditional upon the
following:
1. The property shall be maintained in compliance with USR-966, all submitted
application materials on file with the Department of Planning Services, and
all applicable requirements of the Weld County Health Department and Colorado
Department of Health.
Motion seconded by Bud Clemons.
VOTE:
For Passage Against Passage
Richard Kimmel
Jean Hoffman
Tom Rulon
Judy Yamaguchi
Shirley Camenisch
Bud Clemons
The Chairman declared the resolution passed and ordered that a certified copy be
forwarded with the file of this case to the Board of County Commissioners for further
proceedings.
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary for the Weld County Planning commission, do
hereby certify that the above and foregoing resolution, is a true copy of the
resolution of the Planning Commission of Weld County, Colorado, adopted on October
6, 1992.
Dated the 6t o ber, 1992
J/"
l� i
1
Sharyn F. Ruff
Secretary •
92O959
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
October 6, 1992
Page 3
The Chairperson asked if there was anyone in the audience who wished to speak for
or against this application. No one wished to speak.
Richard Kimmel moved Case Number USR-966, for Waste Services Company, be
forwarded to the Board of County Commissioners with the Planning Commission's
recommendation for approval. Bud Clemons seconded the motion.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes ; Jean Hoffman - yes; Tom
Rulon - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes ; Bud Clemons - yes.
Motion carried unanimously.
NAME: Waste Services Company, c/o Brad Keirnes
ADDRESS: P. 0. Box 3365 , Greeley, CO 80633
REQUEST: A Certificate of Designation for a solid waste disposal site and
facility.
LEGAL DESCRIPTION: Part of Sections 2 and 3, T2N, R64W, and part of
Sections 26, 27, 34, and 35, T3N, R64W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: Approximately 3.5 miles north of the Town of Keenesburg;
approximately .5 miles west of a private paved road at the north end
of Weld County Road 59 right-of-way.
Richard Kimmel moved the Certificate of Designation for Waste Services Company,
be forwarded to the Board of County Commissioners with the Planning Commission' s
recommendation for approval. Bud Clemons seconded the motion.
The Chairperson asked the secretary to po11 the members of the Planning
Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom
Rulon - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes.
Motion carried unanimously.
CASE NUMBER: Amended USR-530
NAME: Platte Valley Airpark, c/o Marilyn M. Taylor
ADDRESS : 7507 Weld County Road 39, Fort Lupton, CO 80621
REQUEST: A Site Specific Development Plan and an Amended Special Review
permit for the expansion of airport facilities in the A
(Agricultural) zone district.
LEGAL DESCRIPTION: Part of the SE4 of Section 30, T2N, R65W and part of the
E2 of Section 31, T2N, R65W of the 6th P.M. , Weld
County, Colorado.
LOCATION: West of Weld County Road 39, approximately 1 mile south of Weld
County Road 18.
920.D83
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION HEARING
October 6, 1992
Page 2
Jean Hoffman moved the application for the Town of Platteville be forwarded to
the Board of County Commissioners with the Planning Commission' s recommendation
for approval. Motion seconded by Shirley Camenisch.
The Chairperson asked the secretary to poll the members of the Planning
Commission for their decision. Richard Kimmel - yes; Jean Hoffman - yes; Tom
Rulon - yes; Judy Yamaguchi - yes; Shirley Camenisch - yes; Bud Clemons - yes .
Motion carried unanimously.
CASE NUMBER: USR-966
NAME: Waste Services Company, c/o Brad Keirnes
ADDRESS: P.O. Box 3365 , Greeley, CO 80633
REQUEST: A Site Specific Development Plan and a Special Review permit for a
solid waste disposal site and facility in the A (Agricultural) zone
district.
LEGAL DESCRIPTION: Part of Sections 2 and 3 , T2N, R64W and part of Sections
26, 27 , 34 and 35, T3N, R64W of the 6th P.M. , Weld
County, Colorado.
LOCATION: Approximately 3.5 miles north of the Town of Keenesburg;
approximately .5 miles west of a private road at the north end of
Weld County Road 59 right-of-way.
Brad Keirnes, President of Wastes Services Development Corporation, introduced
Bob D' Amico, Leonard Butler, Chip Woertz, Bill Jeffries, Kurt Erickson, Mark
McMullen, Matt Delach, John Houtchens, and Craig Harrison, all department heads
or affiliates of Wastes Services Company. He then gave a detailed overview of
the request. Highlights include proposed isolated location, compatible with
surrounding land uses, three miles from a public thoroughfare, and on a private
road at the end of a dead end county road. Leonard Butler, Geologist, gave a
detailed technical overview of the request.
Brad Keirnes also discussed the paved roads throughout the area due to the fact
that Coors Ash Facility, located near the proposed site, was curtailing
operations. There would be no increase in traffic for this area beyond what
Coors is permitted. Vehicles would be enclosed minimizing roadside debris along
the haul route. There will be a service area for local waste processing and also
a regional service to include the metro Denver area and the airport facility at
a later date. Preference will be given to the local Keenesburg area for jobs
that will help stimulate the local economy.
Discussion and questions followed.
9ZO_.rj
CERTIFICATE OF DESIGNATION
NAME: Waste Services Company, c/o Brad Keirnes
ADDRESS: P. 0. Box 3365 , Greeley, CO 80633
REQUEST: A Certificate of Designation for a solid waste disposal site and facility.
LEGAL DESCRIPTION: Part of Sections 2 and 3, T2N, R64W, and part of Sections 26,
27 , 34, and 35, T3N, R64W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Approximately 3.5 miles north of the Town of Keenesburg; approximately . 5
miles west of a private paved road at the north end of Weld County Road 59
right-of-way.
The Department of Planning Services' staff recommends approval of this request
for the following reasons:
1. The conditions of approval and development standards included in USR-966 will
minimize the impacts on the surrounding property and the area to the greatest
extent possible. The conditions of approval and development standards will also
provide adequate protection of the health, safety, and welfare of the
inhabitants of the area and the County.
2. The location of the solid waste disposal site will be convenient and accessible
to potential users. Access to the site is proposed from Interstate Highway 76
to a paved private road at the north end of Weld County Road 59. The County
Engineer has reviewed the application and recommended approval subject to a road
improvements and maintenance agreement for Weld County Road 59. The applicant
has agreed to meet these requirements.
3. The applicant has demonstrated in the submitted application materials an ability
to comply with the health standards and operating procedures of the Solid Waste
Disposal Site and Facilities Act, Title 30-20, Part 1, Colorado Revised
Statutes.
4. The Colorado Department of Health and the Weld County Health Department have
reviewed this request and have recommended conditional approval of the proposed
solid waste disposal site and facility.
5. The submitted application materials are in compliance with the goals and
policies of the Weld County Comprehensive Plan.
This recommendation is based, in part, upon a review of the application submitted by
the applicant, other relevant information regarding the request and the responses of
the referral entities .
The Department of Planning Services' staff recommendation for approval is conditional
upon the following:
1. The property shall be maintained in compliance with USR-966, all submitted
application materials on file with the Department of Planning Services, and all
applicable requirements of the Weld County Health Department and Colorado
Department of Health.
920999
Date: October 6, 1992
CASE NUMBER: USR-966
NAME: Waste Services Company, c/o Brad Keirnes
ADDRESS: P.O. Box 3365, Greeley, CO 80633
REQUEST: A Site Specific Development Plan and a Special Review permit for a
solid waste disposal site and facility in the A (Agricultural) zone
district.
LEGAL DESCRIPTION: Part of Sections 2 and 3, T2N, R64W and part of Sections 26,
27, 34 and 35, T3N, R64W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Approximately 3.5 miles north of the Town of Keenesburg; approximately
.5 miles west of a private road at the north end of Weld County Road
59 right-of-way.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application
requirements of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Department of Planning Services' staff
that the applicant has shown compliance with Section 24.3 of the
Weld County Zoning Ordinance as follows:
The proposal is consistent with the Environmental Quality and
Natural Resource Section of the Weld County Comprehensive
Plan. The Environmental Quality and Natural Resource goals
and policies provide that solid waste facilities shall be
planned, located, designed and operated so that they are
compatible with surrounding land uses in terms of general use,
scale, height, traffic, dust, noise, and visual pollution.
This site is located approximately 3.5 miles from the closest
town and is surrounded by dryland pasture.
The proposal is consistent with the intent of the Agricultural
zone district and is provided for as a Use by Special Review.
- The uses which will be permitted will be compatible with the
existing surrounding land uses which include dryland pasture,
oil and gas production, electric transmission lines, and the
Coors coal mine and ash disposal facility.
The uses which will be permitted will be compatible with the
future development of the surrounding area as permitted by the
existing zone district and with future development as
projected by the comprehensive plan of the County.
920989
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDATION
Waste Services Company, c/o Brad Keirnes
USR-966, Page 2
The applicant has demonstrated a diligent effort to conserve
productive agricultural land in the locational decision for
the proposed use.
No overlay districts affect the site.
Special Review Permit Development Standards will provide
adequate protection of the health, safety, and welfare of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application
materials submitted by the applicant, other relevant information
regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval
is conditional upon the following:
1. The attached Development Standards for the Special Review permit
shall be adopted and placed on the Special Review plat prior to
recording the plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's office within 15 days of approval by the Board
of County Commissioners.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder.
3. Prior to recording the Special Review permit plat, and within six
months of approval by the Board of County Commissioners, the
applicant shall submit:
a. a performance agreement guaranteeing proper closure and
post-closure monitoring of the sanitary landfill. The
agreement shall outline the costs associated with closure
and post-closure monitoring and shall include sufficient
funds for corrective action for known releases (leachate
and landfill gas) . The Board of County Commissioners
shall review and approve the performance agreement for
the closure and post-closure monitoring. The performance
agreement shall include sufficient funds for corrective
action for known releases (leachate and landfill gas) .
Closure and post-closure financial assurances must
conform to Subtitle D of the Resource Conservation and
Recovery Act as may be incorporated into the Colorado
Revised Statutes and Regulations. If the State of
Colorado shall fail to incorporate the requirement of
Subtitle D into Colorado law, then, in such event, the
applicant shall nonetheless conform its closure and post-
92'0989
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDATION
Waste Services Company, c/o Brad Keirnes
USR-966, Page 3
closure financial assurances to Subtitle D. This
assurance must be submitted to the Weld County Board of
County Commissioners prior to acceptance of waste at this
facility.
b. a proposed off-site road maintenance and improvements
agreement. The agreement shall identify the type, costs,
and timing of all off-site road improvements and
maintenance. The agreement shall identify who paysand
performs the off-site road improvements and maintenance.
The agreement shall be supported by a traffic analysis,
obtained by the applicant, which estimates the traffic
impacts of the proposed use on Weld County roads.
The Board of County Commissioners shall review and
approve the form of collateral and security tendered and
accepted for the off-site road -maintenance and
improvements agreement.
c. evidence that a plan for controlling fugitive dust has
been approved by the Weld County Environmental Protection
Services Division.
d. an access control plan to ensure appropriate wastes are
being allowed at the facility. The access control plan
shall be submitted to and approved by the Weld County
Environmental Protection Services Division and the State
of Colorado, Department of Health, Hazardous Materials
and Waste Management Division.
e. evidence that any application for any required air
emissions permit has been made to the Air Pollution
Control Division, Colorado Department of Health.
4. Within four working days of discovery of perched water conditions
during excavation activities, the Colorado Department of Health,
Hazardous Materials and Waste Management Division, and the Weld
County -Environmental Protection Services Division shall be
notified. A contingency plan may be required by the Colorado
Department of Health, Hazardous Materials and Waste Management
Division, and the Weld County Environmental Protection Services
Division.
5. Prior to commencing with landfilling in any portion of a fill
module, a certification report shallbe prepared by the applicant
and reviewed by the Colorado Department of Health, Hazardous
Materials and Waste Management Division, and the Weld County
Environmental Protection Services Division. The report shall
provide written evidence that the quality assurance plan was
implemented and the construction wasperformed in conformance with
the design criteria, the project plans and specifications.
92 O989
DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDATION
Waste Services Company, c/o Brad Keirnes
USR-966, Page 4
6. Prior to accepting friable asbestos waste, a document detailing the
friable asbestos waste handling and disposal procedures shall be
developed by the applicant and submitted to the Colorado Department
of Health, Hazardous Materials and Waste Management Division, and
the Weld County Environmental Protection Services Division for
review and approval.
7. Within sixty days of approval by the Board of County Commissioners,
the Design and Operations Plan shall be revised to incorporate all
agreements and modifications that have resulted from State -and
County review. Detailed plans shall be provided showing how the
phases will be filled, and the construction specifications for the
diversion structures. The revised plan shall be submitted to the
Colorado Department of Health, Hazardous Materials and Waste
Management Division, the Weld County Environmental Protection
Services Division, the Weld County Department of Planning Services ,
and the Weld County Board of County Commissioners, and shall become
part of the operating record to be maintained at the facility.
Monitoring Well #1 shall be retained as part of the background
groundwater monitoring network.
8. Prior to beginning construction of the solid waste disposal site,
USR-386 for Coors Energy Company shall be amended to show the
change in boundaries of the Special Review permit site.
920989
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Waste Services Company, c/o Brad Keirnes
USR-966
1. The Site Specific Development Plan and Special Review Permit is for
a Solid Waste Disposal Site and Facility in the Agricultural zone
district, permitted to operate 6 :00 a.m. to 6:30 p.m. , Monday
through Saturday except in emergency situations as approved by the
Weld County Environmental Protection Services Division. The
facility shall be operated in accordance with the application
materials on file with Weld County, and subject to the conditions
of approval and development standards stated herein. The applicant
and/or operator shall be responsible for constructing and operating
in compliance with minimum standards pertaining to the Colorado
Solid Waste Disposal Sites and Facilities Act and applicable
Federal Laws. All health laws, standards, rules and regulations
for the Colorado Department of Health, Hazardous Materials and
Waste Management Division, Water Quality Control Commission, Air
Pollution Control Commission, and applicable zoning laws and
ordinances shall be complied with.
2. Approval of this plan may create a vested property right pursuant
to Section 90 of the Weld County Zoning Ordinance.
3. The facility may accept household, industrial, and commercial solid
waste, approved by the Colorado Department of Health and Weld
County Environmental Protection Services Division. No hazardous,
radioactive or bulk liquid wastes, as defined by Federal or State
regulations, shall be disposed of at this facility.
4. An individual, knowledgeable in operating a solid waste disposal
site and facility, shall be on the site at all times the facility
is operating. An up-to-date list of all such individuals shall be
provided to Weld County Environmental Protection Services Division.
5. The maximum size of the working face of the disposal site shall not
exceed 150 feet in width and 14 feet in vertical depth at any time.
Any increase in width or height must be approved by the Weld County
Environmental Protection Services Division.
6. All waste received at the facility shall be screened to ensure
appropriate wastes are being disposed of at the facility. The
access control plan, approved by the Colorado Department of Health
and the Weld County Environmental Protection Services Division,
shall be complied with.
7. There shall be a single point of public ingress and egress to the
facility located on the west side of the private road which extends
north from Weld County Road 59. An operations access gate is
allowed on the northeast side of the site.
920989
DEVELOPMENT STANDARDS, USR-966
Waste Services Company, c/o Brad Keirnes
Page 2
8. The facility shall be operated in a manner which protects against
surface and groundwater contamination. The facility operator shall
implement the groundwater monitoring plan, approved by the Colorado
Department of Health and the Weld County Environmental Protection
Services Division. The analytical method and statistical
evaluation of groundwater monitoring data shall comply with
applicable Colorado Revised Statutes, as amended, for Solid and
Hazardous Waste Disposal Sites and Facilities, and Subtitle D of
the Resource Conservation and Recovery Act. Carbonate and cation-
anion balance shall be included as part of the groundwater
monitoring program. The applicant shall also analyze leachate for
the following parameters, at a minimum: total organic halides,
biochemical oxygen demand, total petroleum hydrocarbons, total
phenols, pH, and specific conductivity. The operator may choose to
do a more detailed analysis.
9. Any changes or updates to the groundwater monitoring plan shall be
made by the facility operator when requested in writing by the Weld
County Environmental Protection Services Division or Colorado
Department of Health. A copy of any request for change shall be
forwarded to the Department of Planning Services' staff for review.
10. The facility shall be operated in a manner to control blowing
debris at all times. Operation during windy periods shall be
conducted in a manner that controls blowing debris. The working
face will be closed to disposal when high wind warning conditions
exist as defined in Section 1.2 of the Colorado Department of
Health's Solid Waste Disposal Sites and Facilities Regulations, 6
CCR 1007-2.
The following operation measures shall be employed to control
blowing or illegally dumped debris:
a. Any debris found outside the working face shall be picked
up within 24 hours.
b. The following shall be patrolled daily by facility staff
to pick up all debris and return it to the working face:
i. the access route south from the office and
maintenance area consisting of portions of Weld
County Road 59 , 18, and 57-1/2 to the I-76
Interchange.
ii. the fence along the perimeter of the Special Review
Permit area;
92O989
DEVELOPMENT STANDARDS, USR-966
Waste Services Company, c/o Brad Keirnes
Page 3
c. The manager of the facility shall respond to requests for
picking up debris within 24 hours of notification by
County Environmental Protection Services Division
personnel.
d. A minimum 6-inch solid cover or other cover alternative
as approved by the Colorado Department of Health and the
Weld County Environmental Protection Services Division
shall be applied daily over the working face. Cover
shall be placed on debris as soon as possible on days
when wind is a noticeable problem.
e. The working face shall be enclosed on the downwind
side(s) with a litter screen while accepting waste. A 6-
foot litter and access-control fence shall be maintained
around the Special Review Permit area.
f. During windy periods, which have not reached the
threshold to be defined as high wind warning conditions,
the size of the working face shall be reduced to a size
that eliminates debris escaping the screen.
g. The size of the working face shall be reduced to 100 feet
in width while accepting waste after dark.
11. The facility shall be operated in a manner which controls odor.
Odors detected off-site shall not equal or exceed the level of
fifteen to one dilution threshold, as measured pursuant to
Regulation 2 of the Colorado Air Pollution Control Regulations.
12. The facility shall be operated in a manner to control fugitive dust
at all times. The facility operator shall implement the plan for
controlling fugitive dust, as approved by the Weld County
Environmental Protection Services Division. Any changes or updates
to the plan for controlling fugitive dust shall be made by the
facility operator when required in writing by representatives of
Weld County. A copy of any request for change shall be forwarded
to the Department of Planning Services' staff for review according
to Development Standard 30.
13. The Special Review Permit site and facility shall be operated in
compliance with any required Air Emissions Permit approved by the
Air Pollution Control Division of the Colorado Department of
Health.
14. The maximum permissible noise level shall not exceed the industrial
limit of 80 dB(A) , as measured according to Section 25-12-102,
C.R.S.
920999
DEVELOPMENT STANDARDS , USR-966
Waste Services Company, c/o Brad Keirnes
Page 4
15. Adequate toilet facilities, served by an individual sewage disposal
system, are required for the facility. The facilities shall be
installed in accordance with the Weld County Individual Sewage
Disposal and Building Code Regulations.
16. The owner and/or facility operator shall comply with the off-site
road improvements and maintenance agreement, approved by the Board
of County Commissioners.
17. The owner and/or facility operator shall maintain an adequate water
supply for the disposal site facility. The source of water for
construction, operation, drinking, and sanitary facilities shall be
approved by representatives of the Weld County Environmental
Protection Services Division and the Division of Water Resources.
18. The facility shall be subject to the terms of Weld County Ordinance
164 as it exists and subsequent amendments.
19. Two metal signs shall be posted at the customer entrance. The
first sign shall state: "ALL UNCOVERED LOADS SHALL BE CHARGED
TWICE THE NORMAL FEE" . The second sign shall state: "ABSOLUTELY
NO HAZARDOUS or RADIOACTIVE WASTE, SEPTAGE, OR LIQUID SLUDGE
ACCEPTED" .
20. The facility operator shall keep the following records at the
facility to be available for County and State review at any
reasonable time:
a. Quarterly operation inspection reports, completed by the
Weld County Environmental Protection Services Division.
b. Results of wind, landfill gas, and water quality
monitoring.
c. Soil liner certification report.
d. Any special waste accepted at the facility.
21. All phases of the operation must conform to 30-20-101, Colorado
Revised Statutes and regulations promulgated thereunder, as
amended, for Solid Waste Disposal Sites and Facilities, and
Subtitle D of the Resource Conservation and Recovery Act.
22. There shall be no discharge of wastes into any stream, other bodies
of water, or adjacent drainage systems without obtaining a National
Pollutant Discharge Elimination System Permit from the Colorado
Department of Health. This Development Standard shall be deemed
satisfied as determined by the State of Colorado, Department of
Health.
92O999
DEVELOPMENT STANDARDS, USR-966
Waste Services Company, c/o Brad Keirnes
Page 5
23. If during excavation, ongoing activities and monitoring of the
site, information is revealed that changes the currently held
concept of the site, the Colorado Department of Health, Waste
Management Division, and/or the Weld County Environmental
Protection Services Division, may request modifications to the
design and operations, and monitoring program. Regulatory changes
that the Waste Management Division and/or the Weld County
Environmental Protection Services Division may implement in the
future may also become binding and necessitate modifications to
design and operations plans.
24. After October 1, 1992, all construction activities that disturb
more than five (5) acres, shall obtain a stormwater discharge
permit from the Colorado Department of Health, Water Quality
Control Division. This Development Standard shall be deemed
satisfied as determined by the Colorado Department of Health, Water
Quality Control Division.
25. Environmental monitoring data from groundwater, surface water,
landfill gas, and leachate monitoring activities shall be submitted
to the Weld County Environmental Protection Services Division
and/or Colorado Department of Health.
26. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
27. The property owner or operator shall be responsible for complying
with the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
28. The property owner or operator shall be responsible for complying
with the Operation Standards of Section 24.6 of the Weld County
Zoning Ordinance.
29. Personnel from the Weld County Health Department, the Colorado
Department of Health, and Weld County Department of Planning
Services shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on
the property comply with the Development Standards stated hereon
and all applicable Weld County Regulations.
30. The Special Review area shall be limited to the plans shown hereon
and governed by the foregoing Standards and all applicable Weld
County Regulations. Major changes from the plans or Development
Standards as shown or stated shall require the approval of an
amendment of the Permit by the Weld County Planning Commission and
the Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes
shall be filed in the office of the Department of Planning
Services .
920989
DEVELOPMENT STANDARDS, USR-966
Waste Services Company, c/o Brad Keirnes
Page 6
31. The property owner or operator shall be responsible for complying
with all of the foregoing Development Standards. Noncompliance
with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
920989
%S'aste Services
DEVELOPMENT CORPORATION
September 25 , 1992
3EP 3 0 1992 11
Ms . Austin Buckingham Nrd
Colorado Department of Health ,planning
4210 E . 11th Avenue
Denver , Colorado 80220
Dear Ms . Buckingham:
As the applicant, Waste Services Company hereby formally concurs
with the recommendations outlined in your letter dated August 11 ,
1992 , regarding the issuance of a Certificate of Designation for
the East Weld Sanitary Landfill. This concurrence is based on and
incorporates the responses and information contained in the
attached letter to you from Industrial Compliance, Inc. , dated
September 24 , 1992 .
Thank you for your assistance with the technical review of our
project. If you have any questions , please do not hesitate to call
at your convenience.
Sincerel
C . B adley Kei
President
Waste Services Development Corporation
Partner
Waste Services Company
CBK/kbc
cc : Mr. George Kennedy, Chairman, Weld County Commissioners
Ms . Lanell Swanson, Weld County Planning Services
Mr. John Pickle , Weld County Health Department
:OX 3365 • GREELEY, COL(Y,z. :)O 8063_ • (303) 356-6600
Fxhibif1 920989
Asa Industrial Compliat ice
„r„ ,_�y
1746 Cole Blvd., Bldg. 21 #300 Go/den,�C�O 18fl40f 303y27,Z-1400 FAX 303/277-1
r- u SEP 25 1992
September 24, 1992 Ceunt� _
WO�d_Zn388frnning
_ IC Project Num er -
Ms. Austin Buckingham
Colorado Department of Health
4210 E. 11th Avenue
Denver, Colorado 80220
RE: Application for Certificate of Designation
Fast Weld Sanitary Landfill, Weld County, Colorado
Colorado Department of Health Recommendations
Dear Ms. Buckingham:
This letter is in response to the Colorado Department of Health (CDH) letter dated August 11,
1992 to Mr. Gordon Lacy, Weld County Commissioner, and issues discussed during our
meeting on August 27, 1992 regarding the above referenced landfill application.
The CDH letter to Mr. Lacy lists recommendations to be included in the Certification of
Designation when and if it is issued, and requests more information. This response letter is
intended to supply the requested information and demonstrate the applicants concurrence with
the recommendations. The responses are listed below in the order in which the
recommendations were listed in the CDH letter. Please note that there was no recommendation
3 listed in the CDH letter.
Recommendation 1.
All health laws, standards, rules and regulation for the Department, Water Quality Control
Commission, Air Pollution Control Commission and applicable zoning laws and ordinances shall
be complied with.
Response: The applicant agrees to abide by all applicable laws, standards, rules, and
regulations. This commitment will be included in the revisions to the Design and
Operations Plan.
Recommendation 2.
If perched water conditions are encountered during excavation activities, the Division shall be
notified within four working days. Contingency plans may be required by the Division.
Response: If perched water is encountered during excavation activities, the Division will be
notified within four working days. The source and extent of the encountered
perched zone will be evaluated and the Division will be informed of the findings.
If necessary, contingency plans will be developed. This wording will be included
in the Design and Operations Plan.
Dedicated to solving your environmental problems. /�////�y��/��■■�/���]((}���y/�����
puMFy 920989
(� A Subsidiary of SP Environmental Systems, Inc. w sP-
Exhlbl+ H L I=l , ti "rsrE,�y
September 24, 1992
Ms. Austin Buckingham
Page 2
Recommendation 4.
A certification report shall be prepared by the Applicant and reviewed by the Division prior to
commencing with landfilling in any cell. The report shall provide wntten evidence that the
quality assurance plan was implemented and the construction was performed in conformance
with the design criteria, the project plans and specification.
Response: At least 30 days prior to the scheduled date to commence landfilling in any
landfill module, a report detailing construction activites for that module will be
submitted to the Division for review. The report will include evidence that
construction was completed according to the approved plans, specifications, and
design criteria. This commitment will be included in the revisions to the Design
and Operations Plan.
Recommendation 5.
Plate 10 of the August 5, 1992 amendment to the application showed a number of temporary
diversion structures. Please provide discussion and plans in the revised Design and Operations
Plan as to how the phases will be filled, i.e., Will a phase be filled to ground surface prior to
opening up another phase? Will several phases be operated concurrently and how will the
temporary surface water diversion structures be coordinated with filling the phases? Please
specify the storm event that the temporary diversion structures will be designed for and the
construction specifications for the diversion structure (in plan view and cross section).
Response: As discussed in our August 27, 1992 meeting, the applicant agrees to include a
general filling plan in the revised Design and Operations Plan. This filling plan
will include a discussion of the temporary surface water diversion structures that
will be used during landfilling operations.
Because of the size of the phases, filling will occur in only a portion of each
phase at any one time. The actual size of the active area will depend on the
volume of incoming refuse, weather, and operational considerations. In general,
the currently active portion will be filled as high as practical within the following
limitations:
1) Where possible, exterior slopes (those on the outside of the
permitted fill area boundary) will be maintained at final grade
elevations as shown on Plate 14. In no case will exterior slopes
be allowed steeper than those shown on the approved design plans.
2) Interior (temporary) slopes will be maintained at a maximum slope
of 3:1.
920989
September 24, 1992
Ms. Austin Buckingham
Page 3
•
The general filling sequence can best be shown by illustration. Figures 1 through
5 attached to this letter illustrate a typical filling sequence that will be followed.
Actual refuse volumes and operational considerations may modify this plan
somewhat.
Filling will commence in one portion of a phase until the above conditions can
no longer be maintained. Generally, this means that an area will be filled to
some level above the existing ground surface but not to final elevations. Filling
will then commence in an adjacent area up to an elevation approximately equal
to the initial area. At this point, if the:top of the fill is of sufficient working
area, filling may again be conducted above the initial filling area, within the
above limitations.
The temporary diversion structures shown on Plate 10 of the August 5, 1992
amendment to the application will be designed for 24-hour, 25-year storm event.
Each diversion structure will be constructed according to the schedule listed on
Plate 10. Documentation for the construction for each of the diversion structures,
including design specifications and construction as-built diagrams (in plan view
and cross section) will be included in the appropriate cell construction report.
Surface-water diversion and siltation structures other than those shown on Plate
10 may be required throughout the life of the landfill. These other diversion
structures are very temporary in nature and will be constructed as illustrated in
Figures 5.1 through 5.5 of the Design and Operations Plan. The actual locations
and time frames for these structures depends on actual refuse volumes and landfill
configuration (ie. current available fill area, current construction activities, etc.)
and is difficult to ascertain at the present time.
Recommendation 6.
The Division would prefer if MW1 were retained as part of the background ground water
monitoring network. Given the variety of lithologies encountered at the site, the range of
ground water chemistries could best be evaluated with more than one well. If the MW series
wells will be decommissioned, they should be decommissioned by overdrilling, removal of
casing and grouting the well from total depth to the surface. Notification of the Division is
requested.
Response: Pursuant to our phone conversation on September 11, 1992, we understand that
the Division intended that MW-3 be retained as part of the permanent ground-
water monitoring system, not MW-1. MW-3 is in a position to remain up-
gradient for the life of the landfill, whereas MW-1 is not. Ground-water monitor
well MW-3 will be retained as part of the background monitoring network for
at least eight quarterly sampling events to gather background water quality data.
920989
September 24, 1992
Ms. Austin Buckingham
Page 4
Proposed monitor well MW-11 shown on Plate 14 is also in a position to remain
as an up-gradient well for the life of the site. MW-11 will be installed and
sampled on a quarterly basis following issuance of the Certificate of Designation.
Once the chemical parameters have equilibrated in all ground water monitoring
wells and background water-quality has been established, an appropriate statistical
method will be chosen and applied to the results of the quarterly ground-water
monitoring. Depending on the statistical method used, only one background
monitor well may be required. The ground-water chemistry of monitor wells
MW-3 and MW-11 will be compared, and if similar, one well may be abandoned.
If the analytical results indicate two different chemistries, it may be appropriate
to retain both wells. Abandonement of any ground-water monitor wells will be
conducted according to applicable State guidelines and to the stipulations outlined
above. The Division will be notified if the applicant intends to abandon any
ground-water monitor wells.
Recommendation 7.
If the East Weld Sanitary Landfill chooses to accept friable asbestos waste in the future, a
document detailing the friable asbestos waste handling and disposal procedures shall be
developed by the applicant and submitted to the Division for review and approval.
Response: A special waste acceptance document will be developed prior to accepting any
special wastes not listed in the application document or in the Certificate of
Designation. The special waste acceptance document will detail acceptance,
handling, and disposal procedures for each special waste, including friable
asbestos, and will require the concurrence of the Department and Weld County
prior to accepting any special waste for disposal.
Recommendation 8.
Within 60 days of approval for a Certificate of Designation from the Weld County
Commissioners, the Design and Operations Plan shall be revised to incorporate all agreements
and modifications that have resulted from Division and County review. The revised plan shall
be submitted to the Division, the County and become part of the operating record to be
maintained at the facility.
Response: Within 60 days of approval for a Certificate of Designation from Weld County,
the Design and Operations Plan shall be revised to incorporate all agreements and
modifications that have resulted from Division and County review. This revised
Design and Operations Plan will become part of the permanent record and be
retained at the facility.
920999 MT
September 24, 1992
Ms. Austin Buckingham
Page 5
It is understood that construction operations and ongoing monitoring of the facility may yield
information that was previously unknown and change the current concept of the site
hydrogeology and geology. If at any time during the operating life or post-closure period of
the facility, information is obtained that changes the currently held concept of the site
sufficiently to require a change in the design, operations, or monitoring program, the Division
will be notified and consulted. It is also understood that future regulatory changes may become
binding and result in design, operational, or monitoring modifications.
The above clarifications and commitments will be included in the revised Design and Operations
Plan to be completed within 60 days from the approval for a Certificate of Designation.
Please call if you have any questions.
Sincerely:
INDUSTRIAL TR� COMPL E Reviewed by:
Mark A. McMullen Curtis J. Ahrendsen
Project Geologist Director,Engineering Division
cc: Mr. Gordon Lacy, Weld County Commissioner
Mr. Brad Keirnes, Waste Services Company
Mr. Leonard Butler, Waste Management
Mr. Chip Wertz, Waste Management
Mr. John Pickle, Weld County Health Department
Ms. Lanelle Swanson, Weld County Planning
920989
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920989
mEmoRAnDum
inkTo Board of Commissioners Date /September 10, 1992
COLORADO From �/p/ �
Clerk to the Board �i
Subject: Resetting hearing date
Due to posting requirements for a Certificate of Designation, we are
unable to hold the hearing for Waste Services, Inc. on September 30, 1992.
Attached for your approval, is a draft resolution resetting the date of
the hearing as October 14, 1992 at 10:00 a.m.
920989
Waste Services :::z
DEVELOPMENT CORPORATION a ��
CLEr ;
August 31 , 1992
George Kennedy, Chairman
Board of Commissioners
Weld County
Greeley, Colorado
Dear Chairman Kennedy:
Waste Services respectfully requests the preadvertisement of the
Board of Weld County Commissioners ' hearing of our applications for
a Certificate of Designation and Use by Special Review Permit for
the proposed East Weld Sanitary Landfill.
The hearing of our case by the Weld County Planning Commission has
been scheduled for Tuesday, September 15 , 1992 . Given this , it is
our request that our Board of Coumiissioners ' hearing be held on
Wednesday , September 30 , 1992 . This hearing date has been
determined by your staff to be available, subject to the Board' s
approval of this request .
The basis for this preadvertisement request is to allow us to
proceed with the timely, efficient and cost-effective development
of our proposed project , if it is approved.
If the Board grants this request , Waste Services agrees hereby, as
required, to pay all costs associated with the preadvertisement.
Please do not hesitate to contact me should any additional
information be needed to consider this matter . Thank you.
Respectfully,
•
Brad Keirnes
President
CBK/kbc
P.O. BOX 3365 • GREELEY, COLORADO 80633 • (303) 356-6600
920989
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