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HomeMy WebLinkAbout930288.tiff RESOLUTION 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, the alleged violations were said to be occurring on property described as part of the W; SW,' and the SEe SWq 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 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 Special Review Permit issued to Waste Services Corporation, should be revoked. BE IT FURTHER RESOLVED by the Board that the issue to be considered by the Board at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Condition of Approval: Condition of Approval #1 states: That any sanitary landfill facility to be installed shall be approved by the State Health Department. 930288 PL O(.O3 £d t t/4/ / , ;,/u.:;l<�i.•: r /, f7Tr"/Vys t/y9 ie SET SHOW CAUSE - WASTE SERVICES CORPORATION PAGE 2 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of April, A.D. , 1993. n BOARD OF COUNTY COMMISSIONERS /0 ATTEST: / .A f� � `;� �/ /I WELP7 COUNTY, COLORADO Weld County Clerk too the Board ( - �-5 4...-r, 1, b /C 41,44941,--44-r-1-4:0- Constance L. Har,�ert, Chairman d BY: �( (I 1N1 g/1 1 Deputy Clerk to the Board W. Webster, Pro-Tem 1' APPROVED AS FORM: �.r t1 Georg E. Baxt r O (NAY) County Attorney Da e K. Hall L,f;ut arbara J. Kirkme er 930288 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS . DAY OF ..+4,4,4/91993: DOCKET 0 -E,,,-1,--..--4--P--,_ 4--Q - CLe vc*-,p .0 (-tia DOCKET 0 �Q�� DOCKET 11 «`���_tei_r-l-, DOCKET 0 PLEASE write or print your name legibly, your address and the DOCKET 0 (as listed above) or the name of the applicant of the hearing you are attending. 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C. `� I �.`��Ct to l4^w .�I� i 4,,teg� 1O993 ✓&ic/t 6a fit Ct.i/cerz, CA; Y.l > C 12 NSa rya , 7Xse17 6o632 6. gS U1c-i 4411 (4'? 141 to t4 LAO=A0+ 12YE'S z.3ETS wcK z71A- /'/hc4-*Kc-u Co c uii5 sJ,l -fRN► ? (263 /0Mkuc �(ec(ety 00 5 ) 044,14/ (KK/o"4 c /(627 //licfr, /V --4/ (t Cc s c-)6ia ()it kstri., iL) -M,* st- C./K_LeL,/ i C e et bed / czLl ' -7/-_,di/ 1/ SS 's //Q/'y ' j, r ( Fz1/r .,, /2 1e. ,,/ 27 o « ems .. - i.)„, r, /ii / C---' 1' Lc ' ', •' ,G,,y7 G.' alt' 1 (1 1 Le <1_ , i c<'n-1 rl --, ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS DAY OF 1993: DOCKET /I DOCKET /I DOCKET /I DOCKET /I PLEASE write or print your name legibly, your address and the DOCKET /I (as listed above) or the name of the applicant of the hearing you are attending. AME ADDRESS UF*'ll N.^, ATT2NDING _ /124/ iVelrgf ek 3$/6 1,19[dvn g - yczzic. N'S ,. 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It is the opinion of the Department of Planning Services' staff that Condition of Approval #1, as approved for Special Use Permit #116, is not in compliance. Condition of Approval #1 states: That any sanitary landfill facility to be installed shall be approved by the State Health Department. Mr. John Pickle, in his memoranda dated February 22, 1993 and March 30, 1993, to Chuck Cunliffe and his memorandum dated April 1, 1993, to the Board of County Commissioners, has identified the items of noncompliance with Condition of Approval #1 for Special Use Permit #116. On April 1, 1993, Waste Services Corporation submitted applications for amended Special Use permit #116 and amended Certification of Designation #26. Bill Hedberg' s letter of March 31, 1993, is attached. The Department of Planning Services is proceeding with the processing of the applications. Based upon the above information, the Department of Planning Services and Weld County Health Department recommends that the probable cause hearing be continued to December 1, 1993, to allow sufficient time for the amended Special Use permit and amended Certificate of Designation applications to be reviewed and considered by Weld County during the standard land-use application review procedures. 930288 3*4^S1 LCzh/ if l%D MEMORAnDU W I k Chuck Cunliffe, Planning March 30, 1993 To / e COLORADO John Pickle, pea From Central Weld Sanitary Landfill Subject: On March 2, 1993, Trevor Jiricek of our staff inspected the Central Weld Sanitary Landfill. The purpose of the inspection was to assess the facility's compliance with the "Regulations Pertaining to Solid Waste Disposal Site's and Facilities", as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. The facility continues in a state of non-compliance as previously cited in my memo to you of 2-21-92: 1. The operators have not submitted a complete Design and Operations Plan. 2. The Central Weld Sanitary Landfill continues to operate without required Discharge Permits. 3. The Central Weld Sanitary Landfill continues to contaminate the groundwater. 4. The Central Weld Sanitary Landfill has allowed solid waste to come into contact with groundwater on this site. I met with Bill Hedberg, Site Manager on March 23, 1993. Although we primarily discussed other matters, no mention was made of any change in these areas of non- compliance. In addition, I have received nothing to date with regard to same. If you have further questions, please contact Trevor Jiricek or me. 931061 D() 2 Waste Services Corporation l4;;;:1 6037 77th Avenue Greeley, Colorado 80634 A Waste Management Company 303/330-2641 March 31, 1993 Mr. Chuck Cunliffe, Director Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Re: Central Weld Sanitary Landfill Submittal of Amendment Application for Special Use Permit No. 116 and related Certificate of Designation No. 26 Dear Mr. Cunliffe: Enclosed for your review and consideration are 25 copies of Waste Services Corporation's application to amend the existing Special Use Permit No. 116 and the related Certificate of Designation No. 26 for the Central Weld Sanitary Landfill. These copies are for your use and distribution to the appropriate County departments and referral agencies. This proposal reflects our plans for continued proper operation and future proper closure of this facility. We are submitting this application and supporting information voluntarily and in a spirit of cooperation with Weld County although there is no state or local law or regulation requiring the amendment of the Certificate of Designation or the Special Use Permit. We maintain that the existing Certificate of Designation and the Special Use Permit have been complied with and continue to be valid. This submittal should not be construed as a waiver of any rights that we have under the current Certificate of Designation, the Special Use Permit, or the applicable laws and regulations. However, we hope that this proposal will result in a mutually acceptable Certificate of Designation and Special Use Permit modification. We look forward to working with you and the other referral representatives through this process to formalize our commitments, plans, and operations for the remaining reasonable life of this facility and its future proper closure. Please contact me at 330- 2641 if you desire additional information or clarification. Sincerely, J 0.4 APR o l 1993 l! Bill Hedberg Division V.P. - Landfill Operations •a^_ _�.plmnniR` cc: Weld County Commissioners, individually, w/o enclosures Lee Morrison, Assistant WC attorney, w/o enclosures John Pickle, WC Department of Health, w/o enclosures Glenn Mallory, Colorado Department of Health, w/o enclosures 93104Y '`ice mEMORAf DU Chuck Cunliffe, Planning April 1, 1993 To COLORADO John Pickle, Health_ From Central Weld Sanitary Landfill Subject: I have received the Amended Certificate of Designation application, and associated documents, for the above referenced facility. Upon preliminary review the application appears to be complete. V APR 0 21993 ‘r IJ fh DIAfmin' 931%1 OG . ct 40--Ht , i DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 C. N. 17TH AVENUE GREELEYEY, COLORADO 80631631 COLORADO April 2, 1993 Mr. William S. Hedberg Waste Services Corporation 6037 77th Avenue Greeley, CO 80634 Subject: USR-1012 - A request for a Site Specific Development Plan and a Special Review permit to amend Certificate of Designation #26 and Special Use permit #116 for a sanitary landfill described as part of the SE4 of Section 31, T5N, R66W, part of the S2 of Section 32, T5N, R66W, and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Hedberg: Your application and related materials for the requests described above appear to be complete and in order at the present time. A meeting will be scheduled before the Weld County Planning Commission after the Certificate of Designation recommendation is received from the Colorado Department of Health. It is anticipated that the review by the Colorado Department of Health could take up to six months. I will notify you by letter when the Planning Commission hearing has been scheduled. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office will be sending a copy of the submitted materials to the City of Greeley and the Town of Milliken for their review and comments. Please call Hank Epstein, at 350-9783, with the City of Greeley and Margaret Wakeman, at 587- 4331, with the Town of Milliken, for further details regarding the City of Greeley and Town of Milliken' s review processes. It is recommended that you and/or a representative be in attendance at any meeting conducted to answer and questions about your applications. If you have any questions, please call or visit me. Sincerely, Chuck Cunliffe, AICP Director CAC/sfr 931061 S Hello