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nay 16 1990
Riverdale Ranch
0206 Weld Co Rd #8
Briohton, Colorado 806
Request. for Hearing -
Board of County Comisioners
Greely Colorado
Bear Sirs,
I wish to lodge a complaint on Lynn F,obbio /Judy Smith /Wes
Potter of the Weld county Health dept. Legal action #90-021
On or about the 3th day of april 1990 I was peacefully at.
Mork on my Weld County farm when I was accosted by these two
pretty laddies and asked about- the fertilizer I vas
spreading,they told me I was not allowed to spread my fertilizer
(a mixture of horse manure and straw, corn fodder that had been
in a stockpile and mixed with 15dry tons Glendale sludge_ this
was in a. pile for approximately . 40days.They claimed a violation
of a nem ord1nance,I then explained to them this spreading would
not be under that reg as it was a compost and not sludge,also
the law had no legal retroactive authority. I received this
letter that attempts to restrict my speading my fertilizer on my
ground . I must protest most strongly these actions as it is and
absolute violation of all State and Federal laws On civil
rights, At this time I have a fey loads of this material still
to appl,r. This material was discharged previous to your lays
effective date and is located on section 17 I respectfully
request your help in controling your people without my haveing
to go to court for an injunct.ion. I submit there is no health
hazard to this practice .This material has been spread in
acordance with all state reg. prior to your new law.
Re
�; John E Underhill
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MA _ May 16 1990
�eL4. `- Riverdale Ranch
8206 Weld Co Rd #8
Brighton, Colorado 80601
REguest for hearing
Board of County Comisioners
Greely Colorado
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Dear Sirs,
T_ wish to appeal the recent action of the Weld County health
department in Legal action # 90-040
I wish to refere you to your solid waste reg.Administrative
information 1-2-3- Fg2 /1-2-67 pg 8 Reference on agriculture
waste.
I have :Eor the last 2/3 gears been using turkey blood as a
fertilizer and soil conditioner ,it has a tremendous growth
renounce on all growing crops. I receive this in a 2000 gallon
tanker truck .This waste is run into the truck which has been
loaded with 1000 gallons water and then is circulated by a. pump
on the truck until it arrives to the feild where it is then
sprayed through a spreader bar on the forage crop grass or a
mixture of grass and alfalfa _The next day after spreading it
looks like coffee grounds .We have never had any problem with
flies,odor,rodents ec_t_ the Colorado State health dept says its
not on a controled list and is in fact exempt as agriculture
waste. _
I am in :receipt of a letter alleging a violation on Hay 1/90
This letter is signed by Alice Rinebold,Weld County health dept.
and Wes Potter Weld County Health. Therefore these are the two
names I wish on this complaint..
Thank you
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John E Underhill
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k YH1 May 20 1990
._.� Riverdale Ranch
CLIPA'. cIci_u. 8206 Weld Co Rd #8 .
Brighton, Colorado 80601
REquest. for ( reveiw )
Board of County Comisioners
Greely Colorado
Dear Sirs,
Please be advised I feel that I was treated very unfairly by
the boards action this date in denying my permit for using the s
sewage sludge as fertilizer on my farm in weld co.
1 It vas unfair to lump the pieces together in the hearing as the
main objection and major testimony was to object to the land in
section 21 the testimony showed clearly that the land was zoned
agriculture as required . There was no health hazard to this
use shown
2 This request is covered under 48-1-? and C¢ D‹ E of your appeals
process. .There was only 5 days notice before this went before the
commissioner,s.Not the ten required by your regulations_
:3 There was testimony given that everyone who was applying sludge
in Veld County was given notification after the ordinance was passed
in november .That is untrue ,Niether Glendale nor I were notified of
this Regulation until' well after the first of the Dec. .This shows
the rank dicrimination apperant in your health dept.
4 This action by the board of county commissioners and the county
board of health is arbitrary ,and capricious and clearly in
violation of there own regulations.
5 This is excessive government interference with my constitutional
right to manage my own affairs,the right to contract will not be
impaired,yet this body feels they have a right to trespass on that
right in spite of what the constitution says ,I regard it as
at least a species of tyranny when one mar, or number of persons
have the authority to deny another the right to make a living ,?is a
sovereign citizen I owe nothing to the public so long as I do not
trespass on there rights. pg 3 section 11,Art 2 -billof rights,
Colorado state constition (Ex Post Facto_ law )I quote (loo Ex
post facto law ,nor law impairing the obligation of
contracts,or retrospective in its operation ,or making any
irrevocable: grant of special privileges franchises, or
immunities shall be passed) Plain and simple your ordinances is
unconstitutional as written without a grandfather clause.
� 14100
en 6/a- ,41 '
page 2
6 It is a maxim of American constitutional lay that vhere
an act of the legislature is opposed to constitutional lay
and/or fundamental lav it is in execs of authority and is
therefore void_
? Lets address 48-1=2
There is first no provision for a possible peixisting contract
in effect., Now you know there was a contract that had a. year to
run,a.t time time the contract was entered into every regulation was
considered and every condition met., I do not believe you have
the right to break this contract This is, of course a major legal
quest.ion,you maybe should _heck into before going much futher,and
save us all a. lot of time and money. Yhere a statute is adjudged
to be unconstitutional it is as if it had never been„an
unconstitional act is not a lay_ Cite Horton v Shelby County
. 118 US 426 page 442
8 I vas prejudged as unable to manage the site _ in spite of
the facts and testimony offered to shot' there vas no prior
complaints in the pevious 3?4 years _This is to the county
the state_ or the producer_ There where many complaints after
the ist of april odor, checked out none found The state
health dept, vas out everything vas in order the EPA vas out
no problems existed Every man has the right to be judjed as
truthful and competent without evidence to time contrary
9 There was a question raised during the hearing as to why
Gl ends.l e: was involved in this a r es..THE i' WERE INVITED . I
personally vent to Glendale in 86-8r and asked for there sludge
I hauled for the first 2 years on an open contract to see if I
vas able to handle the job. Since there were no complaints
and no problems we were not able to handle Glendale concl_ued we
could handle this job THE use of this sludge has more than
doubled the production on my farm in the last three years on time
fields. rehire I have gotten to. Over the last 5 years I have
rec:eiveC', other sludge hauled in by others, liquid There wits no
problem that was from the sludge however it was a major task to
get it to the fields as wanted and deeded as it was in larc_te
simi tankers_ I was very careful to not prat it in the same field.
where I used the Glendale product by request(Glendales)
10 This has been a very good job for off the farm income as is
needed by most farm families these days.Plus the added feature
of the increased production,you can see wily I personally do not
intend to give up easily. It is very hard to get a. job that takes
up so little time and has so great a benefit. Without- this income
I would have been bankrupt three ,rears ago. .Because of tins job
my son has now purchased a home which he could very easily lose
if this permit is not issued He has received 50% of this cash
income mice Jan. for doing the hauling. The total contract was
to be his on the sale of mfr cold farm which is now under opt ion. )
to be paid off in August.
Page 3
11 The applicator will agree to a voluntary shut down at any time
there is resonable doubt the regulations are being adhered
to.Any complaint will be checked by a member of the Weld county
health dept and upon notice Bob Taylor or his agent will meet
on site ,with this official and either correct any defect or
shut down this operation until such defect no longer exists
12 The applicator request at this time as required by 48. 2. 1. 4
that because of the type of crop . ,to be allowed to surface:
apply on the growing crops as the best control for either wind
or water erosion is a growing crop_ this is a well known fact and
known by almost everyone.all so the planed site is very remote
being the norm 1!2 of his land in section 16. being 38 acres mil
13 You have a copy of my contract with Glendale,therefor you are
well aware you are costing me a great deal of money both in the
income from Glendale and the lost production on my lend which is by
the way more than twice the losses in cash
14 I send you this letter only to make you aware of these facts and
for no ether reason. My son is now unemployed and his family is
now on velfare.He is unable to be employed elsewhere because of
severe psychical limitations.He could lose his home, as this was
his only cash income the last 3 years.
Ve are 20 year residents of weld county.
15 Sovereignty itself is of course not subject to law for it is the
author and source of law but in our system,while sovereign powers
are delegated to the agencies of the govt,sovereignty itself remains
with the people ,by whom and for whom all govt exists and acts. And
the law is the definition and the limitation of power_ It is indeed
true ,that there must always be lodged somewhere and in some person
or body the authority of finale decision and in many cases of mere
administration the responsibility is purely political,no appeal
except to the ultimate tribunal of the public judgement ,exercised
either in the pressure of opinion or by means of the suffrage
.But the fundamental rights to life,liberty.and the pursuit
of happiness,considered as individual possessions,are
secured by those maxims of constitutional law which are
monuments shoving the victorious progress of the race in
securing to men the blessings of civilization under the
reign of just and equal lays,so that in the famouse language of
the Nassachusetts bill of rights,the govt of the commonwealth "may
be a govt of laws and not of menu for the very idea that one man may
be compelled to hold hiss life, or the means of living, or any
material right- essential to the enjoyment of life at the mere will
of another ,seems to be intolerable in any country where freedom
prevails .as being the essence of slavery itself .
Yick X10 FOpkins --118 US 356 ,at page 370 . t
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page4
ifs All power corrupts .absolute power corrupts absolutely
17 I am a member of the sovereign body politic and a sovereign
citizen of the US of America ,A free man ,residing in Weld County
Colorado.You. are interfering with =y contractual rights_ Hy
constitutional rights to life_ liberty, and the pursuit of
happiness_
18 I am a disabled American veteran 75 -803 I do not feel the world
owes me anything other than ay constitutional rights_ A tyrant at
any level is still a tyrant. and I am still willing and able to tight
f r r my rights as a. citizen and a. free roan where ever that requires
me to go. or do.
19 I will chy.11enge any and all Tryranicall actions or presumption
of authority that does not exist.. I accept Cod as Ny only Sovereign.
20 this doe_ not even require a new hearing only an admission treat
mfr argument has some merit that maybe jest. maybe I am right by law
do we gaable'7???the losses continue to mount for us easily
documented In a case of fraud or conspiracy the courts award three
times any actual lasses.
Please be advised under Federal Statutes 42-USC 1983 every
person who under the color of any Statute, ordinance, regulation
custom, or usage, of any state, subjects or causes to be subjected
any citizen of the US States or any other person within the
jurisdiction there of to the deprivation of any rights privileges or
immunities secured by the constitution and laws , shall be liable to
the party injured in a civil action at law, in equity or other
proper proceedings for redress.
Title 18 Section 241 if two or more persons conspire to
injure,oppre_s, threaten or intimidate any citizen in the free
exercise or enjoyment of any right or privilege secured to him by
the constitution or laws of the US THEY SHALL BE FINED NOT MOPE THAN
10,000$ OR I1PRISONED NOT NOIRE THAN TEN YEARS OR BOTH.
All so they can be prosecuted under the ( Rico STATUES
(Cone Ad Rectum
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1
ohn E Jrb erhill
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