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ROY ROMER Main Building, Denver
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PATRICIA A. NOLAN, MD, MPH (303)320-t529
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Grand Junction Office•I t Hazardous Materials and Waste Management Division (303)248-7198
�t 4210 East 11th Avenue Pueblo Office C•1_17-
COLORADO
Denver, Colorado X (303)3 6
(33 719 543-g44t ^ 1 en) /FAX 331-4401 ( )
DEPARTMENT
OFAHEALTH
September 18, 1992
Kent E. Hanson
Attorney at Law
Clayton Center
1881 9th Street, Suite 216
Boulder, Colorado 80802
RE: Central Weld County Landfill
Weld County
Dear Mr. Hanson:
The Hazardous Materials and Waste Management Division (the Division) of the Colorado
Department of Health has received and reviewed your September 11, 1992 letter regarding
the Central Weld County Landfill.
The following is the Division's response to the issues set forth in your letter.
1. Weld County is has no obligation under the Solid Waste Disposal Sites and
Facilities Act (the Statute) to hold a public hearing for substantial changes in
opperations, though Weld County may if they so choose. A Certificate of
Designation is issued for a specific solid waste land use (i.e. incinerator,
sanitaiyJandfill, or impoundment), and in this case the land use is a landfill.
As long as the facility is a landfill and continues to operate as such, no public
hearing is required. To date, the Division has no evidence to suggest that any
other solid waste operation, beside landfilling, is occurring at the site. This
same issue was the subject of a law suit between FSLIC vs the City and
County of Denver, the Board of County Commissioners of Arapahoe County,
Waste Management of Colorado and the Colorado Department of Health
(1989). If you are interested in reviewing this document, please contact the
Division to make an appointment for file access.
The Division does, however, concur that any redesign or planned construction
which would significantly change the planned design performance of a facility
is subject to Division technical review. Following a recommendation for
O.-6\D-6
_ I 921272\o-ototc06,37 _
Kent Hanson, Attorney at Law
Central Weld County Landfill
September 18, 1992
Page 2 of 3
approval of the plan, the application shall be amended. The regulation does
not state that the Certificate of Designation shall be amended. The County
must utilize its own discretion or regulation as to whether an amended
Certificate of Designation is required for facilities which amend their
application, but continue to perform the same type of solid waste disposal.
2. The Central Weld County Landfill received a Certificate of Designation on
October 6, 1971. At that time, the state had not promulgated solid waste
regulations pursuant to the Statute. Between 1968 (the date the Statute
became effective) and 1972, solid waste disposal sites and facilities complied
with the minimum standards set forth in the Statute. The minimum standards
detailed operational standards, but did not specifically require a design and
operations plan. In 1972 regulations were promulgated pursuant to the
Statute. That 1972 regulation set forth the requirement that all landfills with
an existing Certificate of Designation were 'grandfathered,' that is they were
required to meet the minimum standards of section 3, but not the standards
of section 4 (which applied to all solid waste disposal sites and facilities that
were designated after the effective date of the regulation). In 1983,when the
regulations were revised to their current form.
The Division concurs, and certainly Subtitle D will require, that the Central
Weld County Landfill must develop an enhanced design and operations plan
to bring the facility up to current standards. To the Division s knowledge, no
design or operations plan has ever been developed for the landfill, nor are
any plans of this nature contained in the Division files.
3. It is true, that ground water contamination has been identified off-site. The
County has wisely chosen to allow the facility to take over the ground water
monitoring activities at the landfill. The Central Weld County Landfill has
expanded the list of ground water analytes, and through this effort has
revealed the presence of volatile organics in the ground water. Golder
Associates has recently submitted a hyrogeologic and geotechnical
characterization report detailing and summarizing recent investigations. The
Division is in the process of reviewing the report, and will work with Weld
County and Waste Services Corporation to obtain a satisfactory resolution to
the ground water contamination issue.
4. Waste Services Corporation does intend to submit (and is currently in process
Kent Hanson, Attorney at Law
Central Weld County Landfill
September 18, 1992
Page 3 of 3
of developing) a comprehensive site development plan, and a design and
operations plans. The Division has not been informed of any pending change
in operations at the Central Weld County Landfill during this interim period.
5. The Division is not aware of any existing requirement or agreement that the
final elevation of the landfill may not exceed the adjacent land surface.
Hopefully, this letter responds to your issues. The Division is interested in pursuing, and
will pursue the ground water contamination identified at the site, and in bringing the facility
up to the State's standards. Thank-you for your letter and for the extension you were able
to grant, so that an adequate response could be prepared.
>sLgharn
ay be contacted at this office if you have any additional questions or concerns.
erely
Geologist
Hazardous Materials and Waste Management Division
cc: B. Hedberg, Central Weld County landfill
B. Keirnes, Waste Services Corporation /
G. Kennedy, Weld County Commissioners/
L. Morrison, Weld County Attorney
D. O'Sadnick, Golder Associates
J. Pickle, Weld County Health Department
A. Scheere, Waste Management of North America
K. Schuett, Weld County Department of Planning
file: SW/WLD/CENTRAL
THE HAZARDOUSCOLO DO DEPARTMENT O HEALTH NT DIVISION
IS MOVING!
When? Move to the new location will occur
c obOe�5 h the Hazardous
October
2-5,
1992.
Friday,
October 2nd through Monday,
Materials & Waste Management Division will be closed.
The Division will resume regular business hours on Tuesday,
October 6, 1992.
Please note that all Open Records Act (O A) requests
1992. Beginning
ng should be
made prior to Wednesday, September 23,
September 24 through October 6, the files willbe ulresume
aail for
R
Public Review due to the move. OArequests
n
Wednesday, October 7, 1992.
Where? The Campus at Cherry Creek
Address? Colorado Department of Health
Hazardous Materials & Waste Management Division
Mail Code (see below) / Attention: _
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
To expedite mail delivery, please include one of the following mail
codes as appropriate:
HMWMD-ADM-B2
Administration HMWMD-RP-B2
Hazardous l We - HMWMD-HWC-B2
o Waste Control lIMWMD-SWIM-B2
Storage Tank Rcmcdiation
& Solid Waste Programs
The Division will be located in Building B on the second floor.
New phone numbers are as follows:
(303) 692-3300
General Information: 03
(303) 692-3303 Open Records Act Requests (303) 692-33
Public Assistance: (303) 692-3320
Storage Tank Technical Assistance: 692-3330
Telefax Number: (303)
Thank you in advance for your patience and understanding during the move:
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