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Home My WebLink About930858.tiff oQ000Q© LAIDLAW WASTE SYSTEMS INC. (.; January 14, 1993 Mr. Lee Morrison Assistant County Attorney, Weld County 915 10th Street Greeley, CO 80631 RE: Laidlaw Waste Systems (Colorado) Inc./USR 972 Amending a Site-Specific Development Plan and Special Review Permit for an Amended Design and Operations Plan for an Existing Sanitary Landfill permitted under SUP 400 Dear Mr. Morrison: This letter is written to confirm Laidlaw Waste Systems (Colorado) Inc.'s ("Laidlaw") understanding of the Weld County Commissioners'(the"Commissioners")position regarding Conditions 3a and 3b of the Resolution dated July 15, 1992, approving the referenced Application. You have asked for a letter from Laidlaw confirming such understanding and this letter is written in response to such request. 1. With regard to Condition 3a, which is a condition that requires Laidlaw to propose a performance agreement guaranteeing proper closure and post-closure monitoring of the sanitary landfill, it is our understanding that the Commissioners prefer that Laidlaw delay filing a proposed agreement until a determination is made as to the final Colorado regulations implemented under Sub-Title D. You have advised us that the proposed Colorado regulations may prevent local government from requiring financial assurances for closure and post-closure monitoring, and therefore, any agreement Laidlaw makes now might not fit the new regulations or may be unnecessary. Laidlaw is willing to await the new regulations and will propose financial assurances for a closure and post-closure monitoring agreement in the event an agreement is requested from the Commissioners and not unnecessary under the regulations actually adopted. The type of financial assurance is a matter that Laidlaw would like to negotiate with the Commissioners in the event they require such an agreement. • 2340 S. Arlington Heights Road. Suite 230. Arlington Heights. Illinois 60005 PL 0q/5 (708) 439-6686 (800) 288-2909 Fax (708) 439-6716 r•N 930858 �� ty ti Printed on Recycled Paper Mr. Lee Morrison January 14, 1993 Page 2 2. With regard to Condition 3b, Laidlaw's attorney, Fred L. Otis, has written a letter to you suggesting reasons why a proposed off-site road maintenance and improvements agreement is unnecessary where: a) Laidlaw and its predecessors in title have made all the payments on the existing local improvement district bond for improvements to Weld County Road 5 in the amount of $1,179,437.50 through 1992 and will contribute $1,541,437.50 through 1995; b) Laidlaw has contributed $835,671.50 to the Weld County Solid Waste Disposal Site and Facility Fund, a portion of which is used for roads and will be required to continue and contribute to such fund which has recently been increased from 5 percent to 10 percent. c) Laidlaw has contributed a disproportionate amount to the local roads compared with other landfills in the area. You have advised Attorney Oris, that the Commissioners are willing to temporarily waive condition 3b if Laidlaw is willing to acknowledge that the waiver is not final and that the Commissioners may in the future require an off-site road maintenance and improvements agreement; but no sooner than December, 1995 (the date the local improvement bonds are paid in full or would be paid in full if there is not an early retirement of such bonds). You have advised Attorney Otis that the criteria for evaluating future contributions by Laidlaw will take into account Laidlaw's impact on Weld County Roads in relation to other users and also taking into account Laidlaw's past contributions as outlined above. Laidlaw would appreciate a written acknowledgement of the Commissioner's approval of the matters contained in this letter. Sincerely, t(jA Miles Stotts Regional Environmental Manager MS/cs cc: Lanell Swanson Rick Hoffman Fred L. Otis Hello