HomeMy WebLinkAbout930175.tiff RESOLUTION
RE: APPROVE SECOND AMENDED PERFORMANCE GUARANTEE AGREEMENT WITH COLORADO
INCINERATION SERVICES, INC. AND AUTHORIZE CHAIRMAN TO SIGN
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, by Resolution dated July 10, 1991, approved an Amended
Certificate of Designation, and an Amended Site Specific Development Plan and
Amended Use by Special Review Permit for a bio-medical waste incineration
facility, and
WHEREAS, the Board, by Resolution dated September 11, 1991, approved an
Amended Performance Guarantee Agreement between the County of Weld and Colorado
Incineration Services, Inc. , and
WHERE, the Board, by Resolution dated January 13, 1993, approved a Second
Amended Certificate of Designation and a Second Amended Site Specific Development
Plan and Amended Use by Special Review Permit for a bio-medical waste
incineration facility, and
WHEREAS, the Board has been presented with a Second Amended Performance
Guarantee Agreement with Colorado Incineration Services, Inc. , commencing
February 17, 1993 and ending upon closure of the bio-medical waste incineration
facility, with the further terms and conditions being as stated in said Second
Amended Performance Guarantee Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said Second
Amended Performance Guarantee Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Second Amended Performance Guarantee Agreement between
Weld County and Colorado Incineration Services, Inc. be, and hereby is, approved.
930175
RE: SECOND AMENDED PERFORMANCE GUARANTEE AGREEMENT - COLORADO INCINERATION
SERVICES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of February, A.D. , 1993.
ATTEST: //I �J BOARD OF COUNTY COMMISSIONERS
,' !,��� WE COUNTY, COLORADO
Weld County Clerk to the Board
Constance L. Ha/Jberrtl C airman
I
BY: 7/711_4e.eAkidt__<,"; *--r-ec J% Vi"�/.(.�14 {/
Deputy Clerk to the-acard , W. H. Webster, Pro;Tem
APPROVED AS TO FORM:
eorge 2'Baxte
- '�
County Att6rney Dal . Hall
arbara J. Kirkmey r
930175
AR2325.L25
SECOND AMENDED PERFORMANCE GUARANTEE AGREEMENT
THIS AGREEMENT made and entered into this /7-day of February,
1993 , by and through the County of Weld, State of Colorado, acting
through its Board of County Commissioners, hereinafter called
"County" and Colorado Incineration Services, Inc . , hereinafter
called "Applicant" .
WITNESSETH
WHEREAS, by resolutions approved on January 13 , 1993 the
Applicant received approval of a Second Amended Certificate of
Designation ( "CD" ) and a Second Amended Site Specific Development
Plan and Amended Use by Special Review Permit ( "USR" ) designated as
Amended USR-918-2 , for a bio-medical waste incineration facility;
and
WHEREAS, Applicant had previously received an Amended
Certificate of Designation and Amended Use by Special Review on
July 10, 1991 designated as Amended USR-918 ; and
WHEREAS, Applicant had previously received a Certificate of
Designation and Use by Special Review on October 3 , 1990 under the
name of Wixco Services, Inc . (USR-918) ; and
WHEREAS, the Applicant had also previously received a
Certificate of Designation and Use by Special Review under the name
of Wixco Services, Inc . in conjunction with Tire Mountain, Inc .
pursuant to a Resolution approved on August 30 , 1989 (Amended
USR-842) ; and
WHEREAS, Applicant and County had entered into a Performance
Guarantee Agreement dated December 18 , 1989; and
WHEREAS, Applicant and County had entered into an Amended
Performance Guarantee Agreement dated September 4 , 1991; and
WHEREAS, by the Resolutions dated January 13 , 1993 approving
the Second Amended Site Specific Development Plan and Second
Amended Special Review Permit and Certificate of Designation the
Applicant was required to guarantee performance of the subject
Conditions and Development Standards;
NOW, THEREFORE, in consideration of the foregoing and of the
acceptance and approval of said Amended Use by Special Review and
Amended Certificate of Designation, the parties hereto promise,
covenant and agree as follows :
1 . 0 Closure of Facility: Closure of the facility will be
performed in accordance with the most recent version of the
Applicant ' s Closure Plan Policy (Applicant ' s Policy CISI 203 dated
July 25 , 1991 attached hereto as Exhibit "A" ) , which has been
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approved by the County. The closure will be accomplished in
accordance with Weld County requirements in place at the time of
closure; in accordance with regulations as promulgated by the
Colorado Department of Health, Hazardous Material and Waste
Management Division; and in accordance with the Amended Certificate
of Designation and Amended Use by Special Review as approved on
January 13 , 1993 .
2 . 0 Closure Estimate : The site will be closed after all
on-site material has been burned. It is noted that no material
should be left on site pursuant to the Applicant ' s closure
procedure, however, should any material be left it will be of minor
quantity and will be sent to an approved medical waste incinerator
in Colorado, Oklahoma or Arizona. The cost to dispose of one
thousand (1, 000) pounds of possible residual medical waste and to
dispose of any remaining ash is estimated to be $500 . 00 .
2 . 1 Instances of contamination and events requiring emergency
response will be attended to and remediated in accordance with the
most recent version of the Applicant ' s Contamination and Emergency
Response Policy (Applicant ' s Policy CISI 204 dated July 25, 1991
attached hereto as Exhibit "B" ) and the Applicant ' s Spill Control
Procedures (Applicant ' s Policy CISI 206 dated July 25, 1991
attached hereto as Exhibit "C" ) . In general , all contamination
instances and events involving an emergency response which require
attention by Colorado Incineration Services, Inc . "CISI" staff
will be remediated by trained personnel . The remediation will be
accomplished in accordance with CISI published policies which are
written in accordance with the appropriate regulations promulgated
by OSHA, CDC, EPA, State of Colorado and as approved by the County.
3 . 0 Abandonment Closure : Abandonment closure will include
(1) removing all ash and waste material and (2) disinfecting the
equipment and that portion of the building occupied by the
Applicant . Subsequent to the disinfection step, the equipment will
be dismantled and hauled to 5906 McIntyre Street, Golden, Colorado .
The estimated cost to remove the ash and waste material , to
disinfect the equipment and building and to dismantle and transport
the equipment is $6 , 830 . 00 .
3 . 1 The applicant has estimated the expense to remediate
certain contamination instances and other events requiring
emergency response by CISI staff and other emergency personnel .
The estimated costs for such events are estimated not to exceed the
sum of $8 , 000 . 00 .
4 . 0 Back-up Incineration: Applicant has made arrangements
for back-up incineration facilities providing for incineration at
the rate of 13G per pound. The back-up incineration facility is
located in Stroud, Oklahoma.
4 . 1 Approved Development Standards limit on-site storage to
48 hours of waste material . Two multi-chamber incinerators burning
750 pounds per incinerator per hour are approved. However, as of
0141,
y 5
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F 0268 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
this date only one incinerator is on site and for one incinerator
the maximum allowable on-site storage is 36 , 000 pounds .
4 . 2 Applicant has received a hauling proposal for moving
36 , 000 pounds of bio-medical waste from Hudson, Colorado to Stroud,
Oklahoma with the transportation cost at $4 , 500 . 00 .
5 . 0 Guarantee Amount : The events of abandonment/closure,
contamination and emergency response cannot occur concurrently
under the CISI closure policy, however, two of the three events
could occur concurrently such as abandonment/closure and the need
for remediation of contamination. It is therefore necessary to add
the estimated remediation of contamination amount plus the amount
of abandonment/closure to provide adequate guarantees for the
County. Accordingly, the Applicant shall provide a sum of
$24 , 510 . 00 pursuant to this Agreement for remediation of
contamination and abandonment/closure . Said sum of $24 , 510 . 00 is
calculated as follows : disposal of residual waste being $500 . 00 ;
remediation of contamination instances being $8 , 000 . 00 ;
incineration of 36 , 000 pounds of waste at 13 per pound totals
$4 , 680 . 00 ; trucking of 36 , 000 pounds of waste totals $4 , 500 . 00 ; and
abandonment/closure including removal of equipment totals
$6 , 830 . 00 .
5 . 1 Additionally, it is estimated that in the event of
abandonment/closure the Applicant may have more than 36 , 000 pounds
of waste on site . By doubling the amount of potential waste on
site to 72 , 000 pounds means that an additional $4 , 680 . 00 would be
needed for incineration plus an additional $4 , 500 . 00 for trucking
for an additional sum to guarantee performance of $9 , 180 . 00 .
Applicant hereby agrees to provide to County a total guarantee sum
of $33 , 690 . 00 ($24 , 510 . 00 plus $9, 180 . 00) as a total guarantee
amount for performance .
6 . 0 Guarantee : This total guarantee in the amount of
$33 , 690 . 00 shall be on deposit not less than 10 days before the
facility is to start any test burn operation and shall remain in
place and continue for the life of the facility and until final
closure has occurred. The County currently has on deposit the
total sum of $38, 759 . 00 as follows : A Certificate of Deposit in
the original amount of $10 , 000 . 00 ; a second Certificate of Deposit
in the original amount of $10 , 000 . 00 ; and a third Certificate of
Deposit in the original amount of $15, 950 . 00 . These three
Certificates of Deposit have accrued interest in the amount of
$2 , 809 . 00 .
7 . 0 Release of Liability: Applicant shall indemnify and hold
harmless the County from any and all liability, loss and damage
County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account
of said design and construction of improvements, and pay any and
all judgments rendered against the County on a account of such
suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or
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claim whether the liability, loss or damage is caused by, or arises
out of the negligence of County or its officers, agents, employees
or otherwise except for the liability, loss or damage arising from
the intentional torts or the gross negligence of the County or its
employees while acting within the scope of their employment .
7 . 1 Applicant shall indemnify and hold harmless the
Platteville Fire Protection District from any and all liability,
loss and damage that Platteville Fire Protection District may
suffer as a result of all suits, actions or claims of every nature
and description caused by, arising from or on account of the
activities of Platteville Fire Protection District in inspecting
the facility and enforcing the terms of this agreement, the
Amended Certificate of Designation or Amended Use by Special Review
918-2 .
8 . 0 No Benefit or Waiver : Except as to Paragraph 7 . 1 no
portion of this agreement is intended to confer a benefit on any
person not a party to this contract nor constitute a waiver of any
privilege or immunity held by the parties to this agreement or
their officers, agents or employees .
9 . 0 General Requirements of Collateral : The value of all
collateral submitted to County must be equivalent to 100% of the
value maximum amount as shown in Paragraph 5 . 0 of this agreement .
10 . 0 Guaranty Collateral : The types of collateral listed
below are acceptable to Weld County subject to final approval by
the Board of County Commissioners .
10 . 1 An Irrevocable Letter of Credit from a Federal or State
licensed financial institution on a form approved by Weld County.
The letter of credit shall state at least the following:
(a) The Letter of Credit shall be in an amount equivalent of
100% of the total value of the Performance Guarantee as set forth.
(b) The Letter of Credit shall provide for payment upon
demand to Weld County if the developer has not performed the
obligations specified in this agreement and issuer has been
notified of such default .
(c) The applicant may draw from the Letter of Credit in
accordance with the provisions of this policy.
(d) The issuer of the Letter of Credit shall guarantee that
at all times the unreleased portion of the Letter of Credit shall
be equal to a minimum of 100% of the estimated costs of completing
the uncompleted portions of the required improvements, based on
inspections of the development by the issuer.
(e) The Letter of Credit shall specify that 15% of the total
Letter of Credit amount cannot be drawn upon and will remain
available to Weld County until released by Weld County.
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F 0270 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
(f) The Letter of Credit shall specify that the date of
proposed expiration of the Letter of Credit shall be either the
date of release by Weld County of the final 15% or one year from
the date of Site Plan approval, whichever occurs first . Said
Letter shall stipulate that , in any event , the Letter of Credit
shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the
Letter of Credit of the pending expiration. Said notice shall be
sent by certified mail to the Clerk to the Board of County
Commissioners .
10 . 2 A surety bond given by a corporate surety authorized to
do business in the State of Colorado in an amount equivalent to
100% of the value of the performance as specified in this
agreement .
10 . 3 A cash deposit or certificate of deposit or savings
deposit or some other type of deposit acceptable in form to the
County shall be made with the County equivalent to 100% of the
value of the required guaranteed performance .
10 . 4 An escrow agreement providing cash in escrow of at least
100% of the value of the required guaranteed performance and
providing that the escrow agreement is in a form acceptable to the
County.
11 . 0 Request for Release of Collateral : Prior to release of
collateral , the applicant must present a statement of compliance
from an engineer registered in Colorado indicating that the type of
activity being either ultimate disposal , closure of the facility or
recycling has been completed in substantial compliance with
approved plans and specifications and the same must also be
approved, in writing, by the Weld County Department of Planning
Services and Weld County Health Department .
12 . 0 Review of Collateral : Upon 90 days notice from County
to Applicant, the amount of the Performance Guarantee sums shall be
reviewed by the County to determine adequacy for both recycling
and/or ultimate disposal . Should a preliminary finding be made
that additional sums are necessary to guarantee performance, County
shall schedule a hearing before the Weld County Board of County
Commissioners to determine if there has been a substantial change
in circumstances such that the collateral is insufficient to
guarantee performance under this agreement . The hearing shall be
in the form of a quasi-judicial hearing with notice and opportunity
for public comment and be held in accordance with the procedures
set forth in the Weld County Administrative Manual , General
Administration Section, "Applications for Land Use for Property
Previously Denied. "
12 . 1 In addition to the 90 day review provisions of Section
12 . 0 , the total collateral amount approved pursuant to this Amended
Performance Guarantee Agreement ($33 . 690 . 00) shall automatically
increase on each second annual anniversary date with the first such
p�
F 0271 MARY0 ANN SFEUERSTEIN/CLERK6&0RECORDER WELD CO, CO ',3-�115
increase to be effective February _ 1995 and every two years
thereafter during the life of the operations of the USR activity.
The automatic adjustment shall be based upon any increase in the
cost of living index based upon any increase from the prior
anniversary date . The cost of living referred to in this section
shall be determined from the revised consumer price index (United
States City Average) for urban wage earners and clerical workers -
all items, published by the Bureau of Labor Statistics of the
United States Department of Labor (1967 = 100) . If, at the time
required for the determination of the automatic increase, the
aforesaid index is no longer published or issued, County and
Applicant shall use such other index as is then generally
recognized and accepted for similar determinations of cost of
living increases .
13 . 0 Interest : All interest accumulated upon the deposits
shall continue to accumulate to the fund to be made available to
mitigate and take into account effects of inflation.
14 . 0 Amended Performance Guarantee Agreement dated September
4 , 1991; this Second Amended Performance Guarantee Agreement
replaces the Amended Performance Guarantee Agreement dated
September 4 , 1991 and said 1991 Agreement is now cancelled, null
and void.
15 . 0 Successors and Assigns : This agreement shall be
binding upon the heirs, executors, personal representatives,
successors and assigns of the applicant, and upon recording by
the County, shall be deemed a covenant running with the land herein
described, and shall be binding upon the successors in ownership of
said land.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO :
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F 0272 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ,.a=..O .
CLERK TO T BOARD: 1�11� `4"'Z F,
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By: vas c�
APPROVED AS TO FORM:
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02, , oun y Attorney
COLORADO INCINERATION SERVICES, INC.
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F 0273 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
..Ju 0 ,75
Policy: CISI203 Effective Date: July 25, 1991
CLOSURE OF COLORADO INCINERATION SERVICES'
BIOMEDICAL WASTE INCINERATION FACILITY
Purpose: To establish procedures to be followed in the event the
facility is to be closed.
Policy:
A. Planned Closure Procedures
1. The State and Weld County Health Departments will
be notified of a planned closure of the facility at
least sixty (60) days in advance of the closure or
in a timely manner as required by the State' s Solid
Waste Regulations. A meeting will be scheduled
with representatives of both departments to ensure
that the closure procedures will meet all
applicable regulations in effect at the time of the
closure. Appropriate changes will be made to
Colorado Incineration Services ' Closure Procedure
to reflect the necessary modifications as
determined by representatives of the Departments
and Colorado Incineration Services.
2 . All clients will be notified of the planned closure
Forty-Five (45) days prior to its occurrence.
Recommendations will be given to the clients
regarding appropriate alternative disposal service.
3 . Waste collection service will be terminated at
least one week prior to the closure date. This
schedule will provide adequate time for
incineration of all collected waste.
4 . Upon completion of the incineration of the
collected materials, the kiln incineration system
will be disinfected utilizing an E.P.A. approved
germicide. The germicide will be run through the
unheated system with the motor drives activated to
ensure complete coverage of the interior surfaces.
Any residual germicide or liquid will be collected
and run through the incineration system which will
be brought back up to normal operating temperature
for this final step. This final step will dissipate
any residual liquids.
EXHIBIT "A"
930175
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F 0274 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
5. The final load of ash material will be disposed of
in accordance with the ash disposal procedure. The
supplier of the roll-off waste containers will be
provided a supply of the germicide and instructions
to disinfect the units following the final disposal
activity.
6. The interior of the operations building, to include
all walls and floors, will be washed down using the
disinfectant applied by the use of mops and rags.
The residual liquid, mops, and rags will be
destroyed in the kiln.
7 . Any trailers located at the facility will be
disinfected and removed from the site and returned
to the supplier. The disinfectant liquid will be
processed through the incineration system as a
final step.
8 . All fuel and power sources to the kiln will be
disconnected.
9. The decontaminated incineration system will be
disassembled and returned to its owner, Colorado
Incineration Services, 1624 Market Street, Denver,
Colorado, 80202 .
10. The site will be open to Health Department
representatives at all times during closure
operations and for final inspection.
B. Abandoned Facility
1. In the unlikely event that the facility is
abandoned, in addition to the above activities,
there may be medical waste at the site which will
require removal and treatment. Due to the
limitations placed on storage at the facility and
due to the fact that the medical waste will be
incinerated in conjunction with closure of the
facility, the amount of possible waste at the site
should not exceed 1, 000 pounds.
2 . The removal of this volume of waste would require
the loading of the boxes into a 24 foot van or 48 '
trailer. The waste could then be transported to an
in-state disposal site, or in a worst case scenario
to either Clinton, Illinois, Chandler, Arizona or
Aberdeen, South Dakota for destruction.
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F 0275 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Policy: CISI204 Effective Date: July 25, 1991
CONTAMINATION ISSUES AND EMERGENCY RESPONSE
Purpose: To outline contamination issues, establish emergency
response needs and to provide emergency response
guidelines and procedures.
Policy:
I. General
1. It should be emphasized to and understood by all
potential responding agencies that the materials in
the transportation vehicles and the incineration
facility present only a limited biological exposure
hazard. There are no chemicals, radioactive
materials or bulk liquids to be involved.
Avoidance of direct skin contact with blood
products, or materials contaminated with blood
products is the major precaution to be followed in
an emergency response situation. The NIOSH
Guidelines of February, 1989 details precautions to
prevent exposure to Public-Safety Workers. These
guidelines and any amendments shall be provides to
all agencies which could reasonably be expected to
respond.
2 . Colorado Incineration staff and other appropriate
Colorado Incineration related personnel shall offer
training to the potential responding agencies on
the recognition, hazards, and proper precautions
for the handling of medical waste. It should be
noted that medical personnel handle such waste on a
daily basis protected only by rubber gloves and
paper gowns.
3 . Stringent air emission standards have been set by
the State and will be enforced by Weld County. All
such air emission standards, requirements and
regulations shall be controlled and closely
monitored in accordance with the Colorado Air
Quality Control Emission Permit.
4 . There will be no water discharged as a result of
the operation of the kiln, transportation division,
or the facility. Additionally, any floor drains
are required to be connected to a sealed vault and
the liquids disposed of appropriately. The floor
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EXHIBIT "B"
t
will be treated with an industrial concrete sealer
which will provide a water resistant barrier at the
concrete surface. The sealer is expected to allow
for quick and efficient clean up of any spills.
5. There does exist a slight potential for soil
contamination immediately outside the operations
building or at the site of a transportation
accident. Any such contamination would be the
result of leakage from or spillage of a waste
container. The impacted area would be limited to
that actually contaminated by the liquids.
Remedial action would consist mainly of the
treatment of the involved soil with an E.P.A.
approved germicide. As such treatment would
effectively inactivate any bacteria or virus, there
should be no need for soil removal. It should be
noted that presently at auto accident sites, blood
is washed, untreated, directly into the drain sewer
system. Any contamination within the facility will
be handled in accordance with the procedures
outlined in the Spill Control Procedures (Colorado
Incineration policy number CISI206) .
II. Transportation Accident:
1. The most likely occurrence which would dictate an
emergency response would be a transportation
accident involving the spillage and breaking open
of the waste containers. The response for such an
event would required the removal, by use of shovel
and brooms, of the spilled waste and the treatment,
by application of an E.P.A. approved germicide, of
an affected soil. As that no bulk liquids are
transported on the vehicles, the affected soil area
would be anticipated to be relatively small.
2 . Response to a transportation accident could be
handled either by the vehicle driver, or in the
event that the driver is unconscious, by personnel
either the incineration facility, or from Rocky
Mountain Environmental, depending on the location
of the event. As that the material is not volatile
there should be no immediate urgency in the spill
response. Spill clean up will be performed in
accordance with the Colorado Incineration Spill
Control Procedures (Colorado Incineration policy
number CISI206) .
3 . The transportation vehicles will be equipped with
both a spill control kit and procedures. The
vehicles are required to have a 24 hour contact
number posted on their outside. This has been
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F 0277 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
required to obtain information and/or response in
the event of an emergency.
III. Facility Fire:
1. There is potential that a fire or explosion at the
incineration facility could result in response by
police and local fire departments. This would
create a concern on their part as to potential
exposure to both airborne contaminants and liquids
contaminated with waste materials.
2 . Protection from exposure to contaminated liquid
waste will be provided by the standard equipment
worn by fire personnel. Such an event would most
likely result in a request for either the
disinfection of soil surrounding the building
contaminated by the fire or fire fighting
activities.
3 . There presently appears to be no medical evidence
to link the spread of either HTLV-III or Hepatitis
B to airborne exposures. Accepted transmission
methods are limited to direct contact with a source
of infection and mucus membranes. It would also be
anticipated that a fire involving combustibles
would reach a temperature of at least 1200 degrees
F. , sufficient to kill the virus.
4 . All OSHA, CDC, and EPA guidelines indicated that
equipment which comes into contact with a potential
source of blood contamination can be decontaminated
by use of a bleach solution, germicide, or with
certain equipment, by sterilization. Said
equipment is to be rinsed after decontamination.
Staff from either the transportation division or
the incineration site would be available to assist
in the decontamination process. Adequate amounts
of current disinfectant would be available at both
the incineration site and the transportation
division. Any special equipment requiring
sterilization could be handled at a local hospital
or other appropriate facility. The wash solutions
and rinse water may be discharged to a domestic
sewer outlet or taken to the Colorado Incineration
incineration site for destruction. If said
equipment is incapable of being sterilized of
decontaminated by standard procedures, the said
equipment would be replaced at cost to the District
of other responding agency.
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9.1.0 1715
Policy: CISI206 Effective Date: July 25, 1991
COLORADO INCINERATION SPILL CONTROL PROCEDURE
Purpose: To establish procedures for the safe and proper handling
of any spill event. These procedures are designed to
provide maximum protection for staff while minimizing any
environmental concerns. These procedures are applicable
to spill events both inside and outside the collection
vehicle.
Policy:
1. A spill control kit will be maintained all each vehicle
employed for the collection of medical waste. This kit
shall be checked daily to ensure that all contents are
present.
2 . The spill control kit will contain at least the following
items:
a. Appropriate absorbent material for the
collection of liquids.
b. Red spill collection bags
c. Empty waste containers for collection of
spilled waste
d. A disinfecting solution of 1: 100 bleach - this
solution will be changed weekly and labeled as
to date created.
e. Broom and shovel
f. Disposable gloves
g. Disposable coveralls
h. Goggles or face shield
i. A copy of this policy
3 . All staff involved in a spill clean up will wear the
following protective equipment during the clean up
process:
a. Disposable gloves
b. Goggles or faceshield
c. Disposable coveralls
d. Safety shoes
4 . In the event of spill occurrence, any solid waste will be
collected and placed into one of the spill collection
bags. The broom and shovel maintained in the kit will be
used for collection of the waste. UNDER NO CIRCUMSTANCES
WILL STAFF COLLECT THE WASTE DIRECTLY BY HAND. The
EXHIBIT "C"
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F 0279 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
collection bag(s) will then be placed into an empty waste
container and taken to the incineration facility for
disposal.
5. Any spilled liquids will be covered with a generous
amount of absorbent material which will remain in place
for at least ten(10) minutes. The absorbent material will
then be collected by broom and shovel and placed into a
collection container for incineration.
6. Following the collection of any spilled solid and/or
absorbent material, the area affected by the spill will
be disinfected using the 1: 100 bleach solution. The
solution will be applied and left on the spill area,
there is no need to collect the solution.
7 . The broom and shovel utilized for the spill clean up will
also be disinfected by use of the bleach solution.
8. Upon completion of the clean up process, the gloves and
coveralls worn by the staff will be placed in the waste
collection container for incineration.
9 . A "Spill Occurrence Report" will be completed by the
staff and given to the supervisor. All such reports will
be kept on file for three (3) years.
10. This policy will be reviewed on an annual basis, or when
changes in regulatory standards require change in the
procedures.
B 1374 REC
125 93 F 0280 MARY 0ANNSFEUERSTEIN/CLERK6&0RECORDER•WELD CO/0
g
n,T0 '_ 55
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE IAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
TELEPHONE
KENNTH. 1 I BNHOFF (303)353-2323
KENNETH P.LIND (303)356.9160
KIM R.LAWRENCE January 27, 1993 TELECOPIER
(303)356.1111
Lee Morrison
Assistant County Attorney
P .O. Box 1948
Greeley, CO 80632
Re : Amended USR-918-2 (Colorado Incineration Services, Inc . )
Dear Lee :
Enclosed please find an original Second Amended Performance
Gurantee Agreement and form Resolution. Also enclosed is a
supporting letter from Colorado Incineration which is to document
the various sums of money required in Paragraphs 2 . 0 through 6 . 0 .
We do have this on word processing so if you have any
modifications or changes, please contact me and we can make those
amendments .
Very truly yours,
LIND, LA CE & OTTENHOFF
-12
Kenne h F7 Lind
KFL/cg
Enclosure
pc : Colorado Incineration Services, Inc .
"70 r w
RECEI\,E, JAN ti
1624 MarAn Sven
Ih Colorado Incineration 21a0
Inc. Denver,CO 80202
Services,lll 303/5341118
Fax:303/531-11 X92
1-800-221-6456
January 21, 1993
Mr. Lee Morrison, Esq.
Assistant County Attorney
P.O. Box 459
Greeley, CO 80632
Dear Mr. Morrison:
Re: Amended Performance Guarantee Agreement - Colorado
Incineration Services, Inc.
We have reviewed and evaluated the collateral requirements as
set forth in the above referenced agreement. In performing our
evaluation, we contacted by telephone the various vendors which
submitted bids in August 1991 to disinfect the equipment and
building, dismantle and transport equipment, and transport and
dispose of residual waste materials to effect closure of the
incineration facility. The following, referenced by paragraph
number of the Amended Performance Guarantee Agreement, addresses
our review and evaluation.
2 . 0 Closure Estimate:
It is estimated that after closure, any material left on
site will be of minor quantity and the cost to dispose of
such material will approximate $500. This estimate
represents no change.
3 . 0 Abandonment Closure:
The estimated cost to remove the ash and waste material,
disinfect the equipment and building, and dismantle and
transport the equipment is $6, 830. This estimate
represents no change.
3 . 1 (Remediation of contamination instances) :
The estimated cost to remediate certain contamination
instances and other events requiring emergency response
by CISI staff and other emergency personnel is $8, 000.
This estimate represents no change.
4. 0 Back-up Incineration:
A back-up incinerator in Stroud, Oklahoma has quoted a
price of 13 cents per pound. The cost to dispose of
36, 000 pounds of waste would be $4 , 680.
Ch Colorado Incineration Mr. Lee Morrison,
January , 1993
�I$' Semces,Inc. Page 2
4 .2 (Hauling bid for biomedical waste to back-up
incinerator) :
In January 1993 , the transporter quoted a bid of $4 , 500
to transport 36, 000 pounds of waste to Stroud, Oklahoma.
All of the items listed above, which constitute closure and/or
abandonment closure, total $33 , 690. The County currently has on
deposit $38,759 consisting of certificates of deposit with face
amount of $38,482 plus accrued interest of $277 .
Based on the above, the guarantee amounts reflected in the
Amended Performance Guarantee Agreement are more than adequate.
Should you require additional information, please contact the
undersigned.
Sincerely yours,
rr
Thomas B. Foster
President
/tbf
cc: Mr. Kenneth Lind, Esq.
411* fl r'!
JAN - 28 — 'a3 THU 1 1 7 .40 L. SD PRODUCE P . 01
January 28 , 1993
Triangle RS, Inc .
P. O. Box 16242
Denver, Co. 80216
Colorado Incineration Services , Inc.
1624 Market St .
Suite 200
Denver, Co . 80202
Triangle RS , Inc . hereby agrees to transport three loads of
medical waste to Stroud , Oklahoma, for the purpose of
incineration. We acknowledge that each load shall weigh
approximately 12 ,000 pounds. The charge for transportation
shall be $1 , 500 . 00 per load , for a total of $4 , 500.00. The
dates for transporting said loads will be at the discretion
of Colorado Incineration Services and arranged in advance with
Triangle RS, Inc .
Sin .erely , /1
/7NJ J,/%/
f �.
Robert Y. Schreiner
fl'?® "ley
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