HomeMy WebLinkAbout960224.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE FOR SPECIAL USE
PERMIT #454 - DUCKWORTH
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, notice was given that a Probable Cause Hearing, pursuant to Section 81 of the
Weld County Zoning Ordinance, would be held before the Board concerning Special Use Permit
#454 issued to Howard Duckworth, dba Weld County Waste Disposal, Inc., and
WHEREAS, at a hearing before the Board on February 8, 1995, staff presented a letter from
Richard Judd, Attorney representing Mr. Duckworth, requesting a continuance of this matter to
March 1, 1995, due to a scheduling conflict, and
WHEREAS, at said hearing on March 1, 1995, the Board deemed it advisable to continue
this matter to May 17, 1995, at 9:00 a.m., to allow staff to supplement notice regarding impacts to
groundwater and failure to pay solid waste surcharge and to allow the Permittee to prepare for those
issues, and
WHEREAS, at said hearing on May 17, 1995, Mr. Judd was present, and the Board heard
all of the testimony and statements of those present, studied the recommendations of the Weld
County Planning and Health Department staff and all of the exhibits and evidence presented in this
matter and, having been fully informed, deemed it advisable to again continue said matter to
August 2, 1995, at 9:00 a.m., based upon staffs recommendation, to allow time for the global
settlement of all regulatory and other issues existing to be completed in writing and result in a
compliance order upon consent by the Colorado Department of Health, Weld County Health
Department, and Weld County Waste Disposal, Inc., and
WHEREAS, at said hearing on August 2, 1995, at 9:00 a.m., Mr. Judd was not present, and
the Board heard all of the testimony and statements of those present, studied the recommendations
of the Weld County Planning and Health Department staff and all of the exhibits and evidence
presented in this matter and, having been fully informed, deemed it advisable to again continue said
matter to February 21, 1996, at 9:00 a.m., based upon staffs recommendation, to allow time for the
interim control measures and site characterization to be completed pursuant to the United States
Environmental Protection Agency Administrative Compliance Order and for the issue concerning land
application of waste on the "Martin" property to be further evaluated by the landowner and
negotiations completed to bring the property into compliance with the requirements of Colorado
Department of Health, Weld County Health Department, and Weld County Planning Department, and
WHEREAS, at said hearing on February 21, 1996, the Board was advised that
H S Resources and Amoco are proceeding satisfactorily with site characterization and interim control
measures in accordance with the EPA Order and that it will be a matter of several years before final
measures are completed.
960224
PL0447
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PROBABLE CAUSE HEARING FOR SUP#454 - DUCKWORTH/WCWD
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that this matter be, and hereby is, continued to February 26, 1997, at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 21st day of February, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLOR/3,DO
E J l` • LIMA/�'zj " y IA LAa t/ _14 i/y_e.��
/1�f Qm Barbara . Kirkmeyer, air /J
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taei . ,. ty Clerk to the Board
eorge . Baxter, Prp-Te
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�► � ' , o puty Clerk t 1 he Board •!`"�� /lam
Dale K. Hall
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APPR AS TO FORM: ( /-
Constance L. Harbert
my ttorney
W. . ter
960224
PL0447
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COLORADO
MEMORANDUM
TO: The Board of County Commissioners February 16, 1996
From: Keith Schuett, Current Planner
SUBJECT: Weld County Waste Disposal, Hearing of February 21, 1996
The Department of Planning Services Staff has reviewed the memo from Trevor Jiricek, Weld
County Health Department, dated January 15, 1996. The Department of Planning agrees with
the Health Department findings and concurs with continuing this matter for a period of one year.
Weld County Waste Disposal has made considerable progress concerning this matter and the
one year continuance will allow for further progress.
fits MEMORANDUM
Wi`k The Board of County Commissioners March 25, 1996
COLORADO From: Keith Schuett, Current Planner
SUBJECT: Weld County Waste Disposal, Hearing of February 21, 1996
The Department of Planning Services Staff has reviewed the memo from Trevor Jiricek, Weld
County Health Department, dated January 15, 1996. The Department of Planning agrees with
the Health Department findings and concurs with continuing this matter for a period of one year.
Weld County Waste Disposal has made considerable progress concerning this matter and the
one year continuance will allow for further progress.
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MEMORAnDUM FEB 1 6 1996
Date 0
Keith Schuett , W. C. Planning 1/15/1996
To
COLORADO Trevor Jiricek, W. C. Health Department(
From
Subject: Weld County Waste Disposal, Hearing of
February 21, 1996
Our Department recommends that the Probable/Show Cause hearing
involving the Weld County Waste Disposal be continued for a period
of one year. The characterization, remediation, and clean up of
the site will continue for several years . The one year continuance
will allow for further progress . Our Department has been
intimately aware of the activities which have been taking place at
the Weld County Waste Disposal as the result of the E . P.A. order,
and have been satisfied with the response .
The following is a very brief history and update of the activities
that have taken place at the Weld County Waste Disposal (WCWD) and
a summary of the status of the E . P.A. order:
The WCWD is located at the intersection of WCR' s 12 and 35 . It was
operated from the mid-1970 ' s until it closed in May 1995 as the
result of an E . P.A. order using authority granted to them in the
Resource Recovery and Conservation Act (RCRA) . The facility
handled oil field brine and other petroleum-related liquid wastes .
The E. P.A. ordered three (3) respondents (HS Resources, Amoco, Gary
Kennedy (who represented WCWD and Howard Duckworth) ) to comply with
the order. HS Resources and Amoco were named because they were the
two biggest contributors to the site . Howard Duckworth has not
participated in response efforts since July 1995 . HS Resources and
Amoco have been working with the County, the State, and the E. P.A.
in order develop and implement response efforts at the site . HS
Resources and Amoco have completed or are in the process of
completing all required activities and have complied with all
completion dates (some activities and dates have been amended,
etc . ) .
The original Order was issued by the E . P .A. May 11, 1995 . The
Order and its requirements are broken up into several major
sections . The three sections specifically dealing with site
Weld County Waste Disposal
February 15, 1996
Page 2
characterization and remediation are briefly summarized below.
They are :
I . INTERIM MEASURES - This required the respondents to submit an
" Interim Measure Workplan" which included, but was not limited to
the installation of a security fence, posting of signs, a method to
permanently eliminate any oily surfaces which may come into contact
with wildlife, characterization of the extent of off-site ground
water contamination, etc . This section also addressed immediate
remediation of any impact to human health and the environment .
Status : The interim measures are finalized with one
exception. That exception being the downgradient
characterization of groundwater. There has been an impact to
groundwater and the respondents are currently evaluating
whether or not impacted waters have reached any private wells .
These measures are expected to be completed sometime in March
1996 .
II . SITE CHARACTERIZATION - This required the respondents to
submit a "Characterization Work Plan" to characterize the magnitude
and full extent, both vertical and horizontal, of all contamination
of soils and groundwater on and from the receiving facility and to
assess the physical integrity of all waste management units and
devices .
Status : The respondents have submitted a draft site
characterization plan. However, many parts of this plan are
contingent upon what the findings in the interim measures .
This plan will likely be resubmitted in March 1996 .
III . SITE CLEAN-UP - This requires that the respondents submit a
"Clean-Up Workplan" which evaluates alternatives for the treatment
and disposition of all contaminated media, including contaminated
soils, ground water and other materials and debris .
Status : This plan is not required to be submitted until the
E . P.A. has determined that the contamination has been
adequately characterized.
Weld County Waste Disposal
February 15, 1996
Page 3
In general, for each major section, the respondents must submit a
plan in accordance with strict submittal dates . The plans are
reviewed by the County and State Health Departments, the E . P.A. ,
and the U. S . Fish and Wildlife .
In addition, the respondents must develop a community involvement
plan. This plan is currently in the process of being developed and
implemented. The respondents are currently in the process of
determining public interest through a survey and a public meeting
(will be held in the next couple of months) . From the results of
these efforts a community involvement plan will be fully developed.
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