HomeMy WebLinkAbout930502.tiff AMENDED RESOLUTION
(underlining denotes amendments)
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT
#116 - WASTE SERVICES CORPORATION, C/O WASTE MANAGEMENT
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 April 5, 1993, a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Waste
Services Corporation was in compliance with a certain Condition of Approval
contained in Special Review Permit #116, and
WHEREAS, on June 6, 1993, the form of the Resolution approved and dated
April 5, 1993, was reconsidered, and
WHEREAS, it is necessary to include a listing of the issues to be
considered at the Show Cause Hearing to clarify the intent of the Board in
pending probable cause, and
WHEREAS, the alleged violations were said to be occurring on property
described as part of the W? SW* and the SE4 SW* of Section 32, Township 5 North,
Range 66 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the Board, after hearing testimony from the Planning Department,
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 Special Review Permit issued to Waste Management Corporation should
be revoked for failure to comply with a certain Condition of Approval, and
WHEREAS, the term "party" should be changed to "persons" to reflect proper
administrative procedures regarding accepting testimony, and
WHEREAS, Commissioner Dale Hall's signature is to be corrected to reflect
his vote on the Resolution of April 5, 1993, of nay, and
WHEREAS, the Board shall hear evidence and testimony from all interested
persons at said Show Cause Hearing.
930502
P1-0(037 ��
AMENDED RESOLUTION SETTING SHOW CAUSE - WASTE SERVICES CORPORATION
PAGE 2
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 Special Review Permit issued to Waste Services Corporation should be
revoked.
BE IT FURTHER RESOLVED by the Board that the issues to be considered by the
Board at said Show Cause Hearing are as follows:
1. Whether or not the permit holder is in compliance with Condition of
Approval #1 which states: That any sanitary landfill facility to be
installed shall be approved by the State Health Department.
2. Whether the operators of the Central Weld Sanitary Landfill were
required to and failed to submit a complete Design and Operations
Plan, in violation of Section 30-20-103, CRS, and regulations
promulgated thereunder.
3. Whether Central Weld Sanitary Landfill continues to operate without
required discharge permits, in violation of Subsection 2. 1.2 of the
Solid Waste Regulations and 25-8-501, CRS.
4. Whether Central Weld Sanitary Landfill has contaminated the
groundwater, and whether this contamination has migrated offsite, in
violation of Subsections 2.1.2 of the Solid Waste Regulations,
3. 11.5 of the Water Quality Commission Rules, and 2. 1.4 of the Solid
Waste Regulations.
5. Whether Central Weld Sanitary Landfill has allowed solid waste to
come into contact with groundwater on this site resulting in the
production of leachate, a source of groundwater pollution and public
nuisance, a violation of Subsection 2. 1.4 of the Solid Waste
Regulations.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause
Hearing shall be October 13, 1993, 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.
BE IT FURTHER RESOLVED by the Board that the correction to the vote of
Commissioner Dale K. Hall to nay on the Resolution dated April 5, 1993, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the term "party" be, and hereby
is, changed to "persons" in Paragraph 5 of the Resolution dated April 5, 1993.
930502
AMENDED RESOLUTION SETTING SHOW CAUSE - WASTE SERVICES CORPORATION
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 7th day of June, A.D. , 1993.
/ � i /I/ /J BOARD OF COUNTY COMMISSIONERS
///ATTEST: t WE COUNTY, COLORADO
it LA
Weld County Clerk to the Board '
/�yzep--> /I"`/4
Constance L. Harcbert, Chairman
BY: '�, 6 ai ;2
Deputy Cler o the - d-1 W. H. Webster, Pro-Tem
APPR9y.ED AS TO FORM: EXCUSED
rge E. Baxt r
Cam_. (
unty Atto ney Dale K. Hall
„ii$hU£t_ A fAt4eA
/Barbara J. Kirkm yer
930502
7---kak row`ARatey,
. .
Attorneys At Law •
1775 Sherman Street•Suite 1300 Y
Denver, Colorado 80203
(303)861-1963•Fax: (303)832-4465
Ext. 123
May 27, 1993
Board of County Commissioners
Weld County
915-10th Street, P.O. Box 758
Greeley, Colorado 80632
Re: Amendment to Resolution Setting Show Cause Hearing
on Central Weld Sanitary Landfill
Dear Commissioners:
we gratefully respond to your request for written comments
concerning amendments to the resolution you adopted concerning
the Show Cause hearing on the Central Weld Sanitary Landfill
scheduled for October 13, 1993 .
These comments are submitted on behalf of the Ashton-Daniels
Neighborhood Association, a group of weld County residents which
includes landowners of property immediately adjacent to the
landfill, namely the Telep, Hayes, and Daniels families .
We request that the resolution be amended in three respects
to provide as follows :
1) That the subject of the October 13, 1993, hearing is
whether the Special Review Permit No. 116 and the Certificate of
Designation dated October 6, 1971 for the Central Weld County
Landfill should be revoked; thus, all matters of alleged
violation of the Special Review Permit and all matters within the
scope of C.R.S. 30-20-112 regarding revocation of a certificate
of designation for a solid waste disposal site and facility will
be heard.
2) That the Ashton-Daniels Neighborhood Association, and
the Telep, Hayes, and Daniels families in their individual
capacities, are recognized as parties to the revocation
proceeding; and
3) That the certificate of designation for the facility is
temporarily suspended under the authority of C.R.S. 30-20-112
pending decision by the Commissioners on revocation of the
special review permit and certificate of designation.
930502
yy (4' C . ��-, w
Our three requests are supported by the record of the April
5, 1993, probable cause hearing. The original hearing transcript
is hereby submitted as part of that record, and we ask you to
review and refer to it in the course of amending your resolution
regarding the October 13, 1993, hearing.
SCOPE OF THE OCTOBER 13, 1993 HEARING AND PARTIES THERETO
On April 5, 1993, the Commissioners held a full day probable
cause hearing regarding the Central Weld Sanitary Landfill . The
Ashton-Daniels Neighborhood Association, the Telep, Hayes, and
Daniels families appeared at the hearing, presenting 47 exhibits,
a brief, and oral and written testimony, all of which is part of
the record. Waste Management Inc. was granted extensive time to
make its presentation, staff of the Weld County Health Department
and the Colorado Health Department were heard, and any citizen
wishing to make a comment was allowed to speak.
The purpose of the April 5 hearing was to determine whether
probable cause existed to revoke the special review permit and
the certificate of designation for the Weld County Sanitary
landfill . Under procedures of Weld County, a finding of
probable cause results in a show cause hearing. Based on the
record of the April 5 hearing, the Commissioners determined to
issue a show cause order.
The Show Cause order should issue to Waste Management Inc.
and its subsidiary Waste Services, Inc. , and should clearly state
that the subject matter of the hearing is for the owners and
operators of the Central Weld Sanitary Landfill to show cause why
Special Use Permit #116 and the October 6, 1971, Certificate of
Designation should not be revoked.
Having determined that probable cause exists, the subject
matter of the show cause hearing is whether violations of the
Special Use Permit and the Certificate of Designation have
occurred; if so, then the Permit and Certificate must be revoked.
C.R.S. 30-20-112 provides as follows:
30-20-112 . Revocation of certificate. The board of county
commissioners, after reasonable notice and public hearing, shall
temporarily suspend or revoke a certificate of designation that
has been granted by it for failure of a site and facility to
comply with all applicable laws, resolutions, and ordinances or
to comply with the provisions of this part 1 or any rule or
regulation adopted pursuant thereto.
Accordingly, a solid waste disposal site and facility must
comply with all requirements applicable to it. Violations of a
number of applicable requirements were evidenced in the record of
the April 5 hearing. Mr. Lee Morrison of the County Attorney' s
2 .
9 3050z
Office, at the conclusion of that hearing advised the
Commissioners as follows :
"If you find probable cause today, that doesn' t assure that
you will find grounds to revoke in the future. But what I 'm
saying is, you don' t have to determine with finality the facts
upon which you base your decision.
You need to weigh them and say, Is there grounds to go
forward? Are there enough facts that have been laid out to
justify having a more complete hearing. " (Transcript 4/5/93 at p.
231, lines 16-24) .
Commissioner Kirkmeyer, moved for a show cause hearing. The
motion was approved after explicit discussion about information
indicating violations of the special review permit and State
Health Department regulations :
t, Kirkmeyer: I w is d robableove the
causeBoard
and reasonable grounds to Commissioners
determine i that t there p
believe that facts exist that Central Weld County Landfill and
its owner is not in Compliance with SUP-116 . . . .
(a discussion about scheduling ensued)
"Ms. Kirkmeyer: I would add that to my motion, and schedule show
cause hearing on October 13, 1993 .
Mr. Webster: Second.
Ms. Harbert: It ' s been moved by Barbara Kirkmeyer and
seconded by Bill Webster to schedule a show cause hearing for
October 13, 1993 . . .
(a discussion about continuing the probable cause hearing rather
than scheduling a show cause hearing ensued)
"Ms. Kirkmeyer: I guess, to that, I would answer, not only has
Waste Management stated they feel there is a violation. Whether
it ' s minor or they think it could be remedied, it ' s still a
violation.
Also, the Attorney General ' s letter of March 5, 1993, that
concurs with the Colorado Department of Health that there is a
violation of 2 . 1.4 And our own Weld County Health Department
also cited the operation for four violations that they still feel
they are not in compliance with. "
(Transcript 4/5/93 , pp. 236-237 , lines 22-25, 1; PP• 240-241, lines
20-25, 1-2; p. 242, lines 6-15) .
(the roll call vote was then taken and the motion was approved)
3 .
930592
The transcript of the April 5 hearing, see pertinent pages
attached, contains a recitation of violations presented to the
Commissioners by Mr. John Pickle of the Weld County Health
Department. His evidence was that the facility is in violation
based on the following:
1. No design preoftthes plan was Health Departmenteobtained the
priorfacility,
nor was nge approval to condition no. 1 of
commencing operations at the site, contrary 1971, and in
Special Review Permit resolution of October 6,
violation of C.R.S. 30-20-103;
2 . The Central Weld Sanitary Landfill continues to operate in
violation of C.R.S. 25-8-501 which requires a water pollution
control discharge permit;
3 . Groundwater has been contaminated by the landfill and the coniolation of tions moved
in
off site DepartmentofvHealth' s SolidcWaste 2 . 1.1
Regulations and Section 3 . 11. 5 of the regulations of the. Colorado
Water Quality Control Commission;
4 . Solid waste has come into contact with groundwater at this
site, resulting in a source of groundwater pollution and a public
nuisance, also a violation of Section 2 . 1.4 of the State of
Colorado Solid Waste Regulations.
The Weld County Health Department concluded thath"there
eware
reuse
sufficient facts shown to justify proceeding
Hearing. " (Transcript 4/5/93, p. 18, lines 12-13) .
As Commissioner Kirkmeyer correctly recollected, a witness f that solid come into
on ctt with groouundwater and thatent Inc. dwater pollutionte hadaresulted,
contact houh g
though the witness attempted to minimize the nature and extent of
the violation:
"Mr .as a result of that contact, what we believe has
occurred r is compound impacts in the
is limited volatile organic
shallow groundwater, as delineated in this Dove what ed we" found are
(Transcript 4/5/93 p. 40 , lines 12-15)
basically four volatile organic compounds which exist in the
shallow groundwater. . . " (Transcript 4/5/93 p. 42, lines 15-17) .
Mr. Butler also stated that the levels of these compounds exceed
the State of Colorado and Federal drinking water standards,
though, again, he tried to minimize the violation:
"Mr. Butler . . .concentrations that we found are only slightly
above, only slightly exceeding the State of Colorado 4and tFederal
drinking water standards. . . " (Transcript 4/5/93 p.
4 .
930502
Waste Management Inc. also admitted that thefacility
ysdoes
not have a water pollution control discharge permit Vfor or, its
discharge from the underdrra source. Thesepollutants, VOns were made
on ith discharged d fMr . a point pages
the record by Mr. Roy, Waste Management' s attorney, at
63-64 of the transcript, attached.
Mr. Roy predicted that the permit would be granted.
However, State and Federal law prohibit discharges of pollutants
without a permit; no exception
i made
25Scha ges forew which a
permit application is p o seC.R.S.
In addition to the above violations, evidence presented at
the hearing showed that the landfill is causing nuisance
conditions to surrounding property owners, including the Daniels
vand the iolationaofsSectionf22.. 1 .4eof the u t State Department uisance conditions
is a
Health
Solid Waste Management regulations.
The record contains evidence
idenc results in own
that
the landfill
debriscauses
fires
which noise
pollution, air pollution,
trespass onto the property of others, causing loss of the
use and enjoyment of property and affecting the health and
welfare of citizens, as well as causing a safety hazard Sdue
4too
dump traffic. Please see the 4/5/93 Transcript at pages
g
118 .
That these nuisance conditions exist and continue is inue (se evident
from an occurrence of April 19 , reported to Mr . ck eeastic,
letter of April 26, 1993 attached) . On that day "Yellow mail, paper
plastic bags, diapers, newspapers, invoices, j
cups, lids, etc. " blew into the Daniels ' fences, trees,
irrigation ditches, and barrow pits .
waste Management, in correspondence to the Board by Mr. Roy,
has attempted to limit tge issues
assertswhich
that Waste heard
Management is
October t know1993 hearing.tu
entitled to know the naturecial the
ReviewePermits#116nandaahee as the
basis for revocation of Sp 19#1 for the site and
certificate of designation dated October 6,
facility.
Had the April 5, 1993, hearing not occurred, this assertion
might have some credibility. However, the transcript of the
hearing,and WastetManag ment' she xhibitspownreseadmissions,nted in including
ection tthose made h the by
Mr. Roy concerning the lack of a discharge permit, clearly show
that Waste Management has actual notice of the allegations
against it which form the basis for revocation.
However, it might be prudent in view of Waste Management' s
attempt to limit the hearing to include a provision in the Show
Cause resolution which states that:
5 .
9305"2
"All matters of alleged or potential violations which April 5,
came to
light in connection with the Commissioners' hearing oof fOAtril 5,
13,
1993, are included within the scope of the hearing tiot #26
1993, the purpose of which is to review evidence of violation of
Special Review Permit #116 and Certificate of Designation
dated October 6, 1971 for the Central Weld Sanitary landfill, and
al Review and the te of
to revoke the
ifSanyisuch violations Permit
found torexistaDor has
occurred. per on, party, or m�erear evidence of the public offered
as to whether
her
neeCentra person, party,
the Central Weld Sanitary resolution, regulation, oriordiion aancef This
hear any
appling
being e held ee the authority of C.R.S. 30-20-112 and
the lag is use
the land and zoning authorities of Weld County. "
We also request that the following language be included in
the resolution regarding the Show Cause hearing:d the"The Ashton-Daniels
samiiliesbin theiood rssociation individualacapacitiesiare,
Hayes, and as Pat orties
and shall have
Recognized heard and spresent eevidence as any other
the same
party."
The record of the April 5 hearing demonstrates that the
Ashton-Daniels Neighborhood Association and the Telep, Hayes and
Daniels families are proper parties to the Show
eCause
ahearing
aas
neighboring property owners who are suffering property values.
The e
persons and damage to their prop yC es and
Association fe to their persons are represented by
roviina valuable and these blic benefit through
h° heir and
are a providing a wea p their own property participation as well as defending
personal rights.
The Association and the Telep, Hayes and Daniels family are
willing to have reasonable discovery conducted by Waste
Management Inc. concerning their evidence and info tion, and
they request reasonable rights of discovery as
to the Central
Weld County landfill . said
The County' s resolution following the April 5 hearing
fsai
arties. " Waste Management has argued that the
that the Commissioners "shall hear evidence and testimonny r and ayesAsm
l interested-Daniels p
Ashton-Daniels Neighborhood Association and the Telep,
Daniels families are not parties to the October 13 hearing. l Having presented their bona fide credentials at
the April 5
hearing, and in light of C.Rht• 30-20-112 of the factwhich that provides hey are, and
represent,
t, and in lrtg
represent, adjacent property owners who suffer from the
consequences of violations of law at the Central Weld Sanitary
landfill, the Ashton-Daniels Neighborhood Association and the
6 .
930592
Telep, Hayes and Daniels families t t at
are
entitled
o proceeding.
and treated as interested parties
IN LIGHT OF THE ADMITTED EVIDENCE OF VIOLATION OF STATE HEALTH CERTIFICATE
DE PEEN REGULATIONS AND OTHERAPPCOUUNNT AP LAN PLICABLE
MUST BE
OF PORIRILYISUSPEENDED PENDINGOR THE CENTRAL WELD
HEARING OF OCTOBER 13, 1993
TEMPORARILY
and regulations at the Central Waste
ed
Above we have recited the evidence of violation of
applicable laws,il . resolutions, the ce
County landfill. Some of these violations were
admitted by
tion
Management Inc. at the April 5 hearing,
of groundwater and the lack of a water pollution discharge
permit.
C.R.S . 30-20-112 provides that the Commissioners after
public hearing, shall temp with
d
reasonable notice ci and nation for failure to comply
or revoke a certificate of designation lations .
all applicable laws, resolutions, and regu The April 5
This language is mandatory, not discretionary.public
hearing occurred
after ehasnable provided1ce thatnd was a a faciliy in
violation o The Legislature suspended or
1993, proceeding is a show cause
must have its certificate temporarily
revoked.ain The revocation.cto 13, temporary revocation provision of the
statute oncovers a The like present one where admitted
proceeding is pending.
violations
nshave situation ur the p
violations occurred and a revocation p
Accordingly, we ask the Commission to make the following
finding and issue the following
rder:
"The Commissioners find that the Central Weld County
C un g,public
Sanitary Landfill, based on admissions made by
the
a noticed wn
hoearing
and their
of agents on April sio 5. 1993, e.c n4 of m the
hfagrng
in front of this Commission, has. caused the contamination
ofinofregulations and section 3.11.5 of
of olor violation SodWaste s 2.s'1 and dosecti Co3. 11. 5on
Stateth gf Colorado' s n he Co ora
the regulations of the Colorado Water Quality
and has discharged pollutants into State waters without a permit
in violation of C.R.S. 25-8-501 et. seq.
Accordingly, under the authority of C.R.S. 30-2012, the
Certificate of Designation dated October
to er 6d 97 , issued by and
Commission is hereby temporarilySpecial Review
g
Permit o#116 scheduled for October n on revocation of the t13, 1993ificate ." p
7 .
930502
the Commissioners for requesting the submittal of
We comments,
and we ask that you revise your resolution to
wrinclude heprovisions
include the provisions we set forth above.
Dated this 27th day of May, 1993
Respectfully submitted
l
Gregory J. Hobbs, Jr.
Hobbs, Trout & Raley, P.C.
Attorneys for Ashton-
Daniels Neighborhood
Association, Telep,
Hayes and Daniels
Families
cc. Mr. Arthur Roy
Mr. Gene Megyesy
Mr. Lee Morrison
Dr. Patricia Nolan
8 .
930502
26 April 1993
Mr. John Pickle
Weld County Health Department
1517 16th Ave. Ct.
Greeley, CO 80631
Dear Mr. Pickle,
This is to confirm my complaint in writing concerning blowing
dust and debris from the landfill on April 19, 1993, in the
early afternoon.
Yellow plastic, plastic bags, diapers, newspapers, invoices
(from as far as Riverton, Wyoming) , junk mail, paper cups,
lids, etc.--all "sticky and dirty"--lined our fences, landed in
our trees, lined our, irrigation ditches, and barrow pits.
Debris was flying 50 feet in the air.
Undoubtedly, not very many complaints were received by your
office. Bear in mind, the neighbor to the east and the one
directly south have a lot of cash to lose if they make waves.
Their fences, fields and ditches were likewise "trashed out."
That leaves us, when the wind is from the north, and concerned
citizens who notice and care but are not being trashed out
diroccly, to file a complaint.
I personally got extremely nauseated and had to leave home.
With the facility taking medical waste, contaminated soil, and
household hazardous wastes, how do we know what contaminates
are blowing through and around our property?
The facility now has a "dream" of taking "SPECIAL WASTES" from
all over the United States and Canada. I don't think there is
a chance of our county approving this! If their absurd "dream"
was approved and became an environmental nightmare, what air
quality could we expect?
How far does the air contamination go? This is an area of
extreme winds. In the past five years, we have replaced three
storm doors due to north winds, tin and shingles blow off
buildings, storm windows are broken, and everything has to be
tied down. Our son's 6 ft. plastic swimming pool flew 600 feet
to the area of our well a few years ago!
This area is not only unsuited for a landfill due to hydrology
and ueolooy, but also due to wind patterns.
9ZO5C2
2
Please take this matter seriously, and provide adequate
protection for the health and safetyisaofl of WeldbCoun t any
tizens.
We need
is done to the
do close
and
clean
environment.
Sincerely,
110- pY - •
, ')°nw `�
Madeline` Daniels
23732 WCR 271/2
Milliken, CO 80643
339-0629
cc: Governor Roy Romer
Attorney General's Office
Colorado Department of Health
Weld County Commissioners
Weld County Planning/Engineering
Senator Hank Brown
Senator Ben Nighthorse Campbell
Representative Wayne Allard
Mr. Don Bain
Senator Thomas Norton
Mr. Dave Owen
City of Greeley
City of Evans
Town of Milliken
93O502
Hello