HomeMy WebLinkAbout930503.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING RECONSIDERATION OF FORM OF RESOLUTION DATED
APRIL 5, 1993, REGARDING PROBABLE CAUSE HEARING FOR CENTRAL WELD/GREELEY-
MILLIKEN LANDFILL - 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 Wf SWf and the SE* SWf 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,
found that pursuant to the Standard in the Administrative Manual there was
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, on April 5, 1993, the Board did, by Resolution, schedule a Show
Cause Hearing for October 13, 1993, at or about 10:00 a.m. , and
WHEREAS, on June 7, 1993, the Board reconsidered the form of said
Resolution dated April 5, 1993, and deemed it advisable to clarify the resolution
by adding that it had been the intent of the Board to find sufficient probable
cause to consider the following issues:
1. 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.
2. 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.
3. 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.
930503
RECONSIDERATION OF FORM OF RESOLUTION - WASTE SERVICES CORPORATION
PAGE 2
4. 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.
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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that abovementioned issues be, and hereby are, added to the
Resolution dated April 5, 1993, to be considered by the Board at the October 13,
1993, Show Cause Hearing as to whether or not the permit holder is in compliance.
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.
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.
BOARD OF COUNTY COMMISSIONERS
ATTEST: r� / !0 /// WEL COUNTY, COLORADO
/ oruL: i �y / 1-rr
Weld County Clerk to the Board ,62yr-��„�¢ ,-,92/ mac,,
Constance L. Harbert, C airman
i W-44,11
eputy C erk to the oard W. e ster, S4?
APPROV AS TO FORM: EXCUSED
j
2r21 1 Ijr---0-1-2-7
`/ �� �7 George E. Baxter
te-4,(0,61
ounty Attorney Dale K. Hall
Barbara J. Kirkm er
930503
NOTICE OF PUBLIC HEARING
Docket No. 93-32
A public hearing will be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th
Street, First Floor, Greeley, Colorado, at the time specified. All persons in
any manner interested may attend; however, no public testimony will be taken, and
only written arguments will be accepted for consideration.
HEARING DATE: June 7, 1993
TIME: 9:00 AM
RE: Reconsideration of form of Resolution dated April 5, 1993,
regarding probable cause hearing for Central Weld/Greeley-
Milliken Landfill - Waste Services/Waste Management
Should any interested party desire the presence of a court reporter to make a
record of the proceedings, in addition to the taped record which will be kept
during the hearing, the Clerk to the Board's Office shall be advised in writing
of such action at least five days prior to the hearing. The cost of engaging a
court reporter shall be borne by the requesting party.
Information and records regarding said matter may be examined in the office of
the Clerk to the Board of County Commissioners, located in the Weld County
Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
DATED: May 17, 1993
PUBLISHED: May 20, 1993, in the Windsor Beacon
930503
930502
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss
COUNTY OF WELD
I, KEITH HANSEN, of said County of Weld, being duly
sworn,say that I am publisher of
,NOTICE OP Barr rr prsorrsdngu,in addition
I€Aglyp to the toped record WINDSOR BEACON
witdt valid kept during
Docket No.99.32 the the Clerk to a weekly newspaper having a general circulation in said
soarer the Hoard's Moe shall
A public hewing will be be advised In writing of County and State, published in the town of WINDSOR,
held In the Chambers of such action at least five in said County and State; and that the notice, of which
the Board of County days prior to the the annexed is a true copy, has been published in said
Commissioners of Weld hearing. The cost of
County,Colorado,Weld engaging a court weekly for _successive weeks, that the notice
County Centennial reporter shall be borne was published in the regular and entire issue of every
Center,915 10th Strew, by the requesting panty. number of the paper during the period and time of
First Floor, Greeley, publication, and in the newspaper proper and not in a
. at the ns In information and records
specified. M persons In regarding said matter supplement, and that the first publication of said notice
any manner interested may be arandied in the was in said paper bearing the date of the
may attend;however,no office of the Clerk to the 1 q
taken testimony will be Board of County te day of ! -d�./ , A.D., 19/_3 and
taken,and only will
be Cin the
located r�
arguments will be' 1n the Weld County the last publication bee ng the date of the
accepted for Centennial Center, 915
consideration. 10th Street,Third Floor, day of Al)., 19_ and
Greeley,Colorado.
HEARING DATE:June that the said WINDSOR BEACON has been published
7,1993 Published in the continuously and uninterruptedly for the period of 5
Windsor Beacon on consecutive weeks,in said County and State, prior to the
TIME:9:00 AM May 20,1993.
• date of first publication of said notice, and the same is a
RE:aeconskiaratlon of newspaper within the meaning of an Act to regulate
term of Resolunon dated printing of legal notices an advertisements, approved
Apra 5, 1993,a hewing
probable cause May 18, 1931,and all prior cts r as in force.
for Central
W eld/Greeley-MllIike n
Landfill - Waste
Services/Waste
Management P LISHER
Should any Interested Subscri d and sworn to before me this day
party desire the
presence of a court of /'!I ety 19 7 yi
reporter to make a
record of the Aa_A:24442-t° /��, . nin.n__
NOTARY PUBLIC
My commission expires 1vt_ty Z/ 19 9 6- .
930592
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #93-32, was placed in the United States mail, postage
prepaid, addressed t(o� the following property owners.
DATED this /D - day of \ /y / L - , 1993.
Deputy Cle to the Board
WASTE SERVICES CORPORATION CRAIG A. SMITH, D.C.
40000 WELD COUNTY ROAD 25 SMITH CHIROPRACTIC OFFICES, P.C.
AULT, CO 80610 801 ELEVENTH AVENUE
GREELEY, CO 80631
WASTE SERVICES CORPORATION
BILL HEDBERG GREGORY J. HOBBS, JR.
5660 GREENWOOD PLAZA BOULEVARD HOBBS, TROUT & RALEY, P.C.
SUITE 400 ATTORNEYS AT LAW
ENGLEWOOD, CO 80111 1775 SHERMAN STREET, SUITE 1300
DENVER, CO 80203
ELLA MARIE HAYES
SUSANNE STEPHENS, ET AL SENATOR HANK BROWN
BOX 773 1100 TENTH STREET, ROOM 201
SARATOGA, WY 82331 GREELEY, CO 80631
G.D. MOSSBERG SENATOR TOM NORTON
JANE LEA SHERROD-MOSSBERG SENATE CHAMBERS
4603 83RD AVENUE STATE CAPITOL BUILDING
GREELEY, CO 80634 DENVER, CO 80203
ARTHUR P. GARCIA DON HOFF
13998 WELD COUNTY ROAD 378 ATTORNEY AT LAW
MILLIKEN, CO 80543 1025 9TH AVENUE, SUITE #309
GREELEY, CO 80631
HEIRS OF ANN SPOMER, ET AL
C/O LOUIS REIKERT WALKER MILLER
FIRST NATIONAL BANK ATTORNEY AT LAW
P.O. BOX 1058 822 7TH STREET
GREELEY, CO 80632 GREELEY, CO 80631
SAMUEL S. AND MYRTLE ANN TELEP ROGER DOAK, GEOLOGIST
2315 54TH AVENUE SOLID WASTE SECTION
GREELEY, CO 80634 HAZARDOUS MATERIALS AND
WASTE MANAGEMENT DIVISION
KEITH V. , MELODIE R. , STEVEN D. , AND COLORADO DEPARTMENT OF HEALTH
DOUGLAS L. KAMMERZELL 4300 CHERRY CREEK DRIVE SOUTH
12314 HIGHWAY 60 DENVER, CO 80222-1530
MILLIKEN, CO 80543
9305 '2
ARTHUR P. ROY
1011 11TH AVENUE
GREELEY, CO 80631
930592
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