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HomeMy WebLinkAbout900970.tiff RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING CERTIFICATE OF DESIGNATION - EATON LANDFILL/MCMILL, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 3 , 1990 , a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Eaton Landfill/McMill, Inc. , was in compliance with the Conditions of the existing Certificate of Designation, and WHEREAS, the alleged violations were said to be occurring on property described as part of the SEi of Section 21 , Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , said matter was continued to October 17 , 1990 , and WHEREAS , Thomas Hellerich, Attorney representing Eaton Landfill/McMill , Inc. , was present at the hearing of October 17 , 1990 , and WHEREAS, the Board, after hearing testimony from the Health Department and Mr. Hellerich, finds that pursuant to the Standard in the Administrative Manual there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not the Certificate of Designation issued to Eaton Landfill/McMill, Inc. , should be revoked for failure to comply with certain Conditions, and WHEREAS , the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not the Certificate of Designation issued to Eaton Landfill/McMill, Inc. , should be revoked. PL0114 900970 JI- f .vn Page 2 RE: SET SHOW CAUSE - EATON LANDFILL/MCMILL, INC. BE IT FURTHER RESOLVED by the Board that the issue to be considered by the Board at said Show Cause Hearing is as follows : 1. Whether or not the facility is in violation of the condition imposed on the extension of time to operate the south area of the landfill to remove tires stored on part of the SEe of. Section 21 , Township 7 North, Range 65 West of the 6th P.M. , Weld County, Colorado. Said condition was imposed by Resolution of this Board on November 8 , 1989 , and was to be met by June 30 , 1990 . BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be November 28 , 1990 , at or about 10 :00 a.m, and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D. , 1990. BOA OF COUNTY COMMISSIONERS ATTEST: / 1 ` ;; � WE. "AO/ LD Y, CO Weld County Clerk to the Board �f / finf4 .. Gene R. Brantner, Chairman A -B,,X n-yy-1-AJ4 , -, c� �_) Geo ge K nnedy, Pro-Tem D puty Clerk to \the Board APPROVED AS O FORM: 4/012Therernstance L. Har ert EXCUSED DATE OF SIGNING - (AYE) County Attorney iir-7°P.' Gd3� � 900970 Hello