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Home My WebLink About962491.tiff A \ ; , a WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915, TENTH STREET P.O. Box 1948 GREELEY, COLORADO 80632 W I D C, May 7, 1996 COLORADO Daniel R. Madock • Fox and Grove 311 South Wacker Drive/Suite 6200 Chicago, IL 60606-6622 RE: Rescar Cleaning Corporation of Channelview, Inc. Dear Dan: Enclosed please fmd two originals of the License Agreement for the upgrade maintenance of Weld County Road right-of-way. This Agreement is for Rescar Cleaning Corporation for the private use of a portion of Weld County Road 47, as it proceeds north from Colorado Highway , 52. Please note that the changes which you suggested and to which we agreed in our telephone • conversation on Friday, May 3, 1996, are included. It is my understanding that you will ask those persons authorized to sign on behalf of the Corporation to do so on the two originals and send the same to the Board of County Commissioners for its approval and the Chair's signature. Please send the executed original to my office at: P.O. Box 1948, Greeley, Colorado 80632. If you should have any questions or comments regarding the enclosed, please feel free to call me at(970) 356-4000, extension 4390. _Sin rely, race T Weld County Attomey We oun ping Dept. BTB/db:Let/madock Enclosures MAY, 0 9 1996 pc: WA` Dave Becker r �� ja�q� Dale Hall - J,b7 a • LICENSE FOR THE UPGRADE AND MAIN PENANCE OF WELD COUNTY RIGHT-OF-WAY THIS LICENSE, made and entered into this day of ,A.D., 19_, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, 915 Tenth Street, Greeley, Colorado 80631, as First Party, and • RESCAR CLEANING CORPORATION OF CHANNELVIEW, INC., whose address is 22400 East I-76 Access Road, P.O. Box 218, Hudson, CO 80642, as Second Party. WITNESSETH; WHEREAS, Second Party desired to have improved access to property located in the North One-Halves of Sections 1 and 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way located as follows: Thirty (30) feet on either side of the Section Line between Sections 1 and 2, township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, extending north from Colorado State Highway 52 for approximately one-half mile, and WHEREAS, said right-of-way is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and maintain said right-of-way. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder and upon the conditions herein stated, First Party does grant to Second Party, its successors and assigns, a license to upgrade and maintain the right-of-way owned by First Party located as follows: Thirty (30) feet on either side. of the Section Line between Sections 1 and 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, extending north from Colorado State Highway 52 for approximately one-half mile. • The conditions by which Second Party may upgrade and maintain said right-of-way are as follows: 1. Second Party must place signs at the intersection of said right-of-way and Colorado State Highway 52 which state that the right-of-way is currently being maintained by Second Party. Said sign shall include Second Party's name, address, and telephone number. Said sign must remain in place continuously and without interruption from the first day said right-of-way is upgraded and maintained by Second Party until Second Party ceases said upgrade and maintenance. Second Party shall be given written notice of its intent to cease said upgrade and maintenance at least ninety(90) days prior to the date of cessation. Page 1 of 3 Pages 2. The upgrade and maintainance of the right-of-way by Second Party shall be done in such manner as prescribed by First Party. 3. The upgrade and maintainance of the right-of-way by Second Party shall be at its own expense and without the aid or use of Weld County funds. 4. First Party retains the right to revoke this license at any time for any reason. First Party shall give Second Party written notice of its intent to revoke this license at least ninety (90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 5. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them arising by reason of Second Party's negligence with respect to us. 6. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause and hereby releases First Party, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of the First Party or on the part of any third party. 7. Second Party shall not assign any or all of its rights under this license without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 8. First Party does not in any way warrant or guarantee its ownership of the right-of- way which is the subject matter of this license. • 9. Second Party agrees to include dust abatement as part of its maintenance of said right-of-way. Water, asphaltic emulsions, waste oil, or commercially available chemicals may be used to control dust. In fulfilling its obligations hereunder, Second Party is responsible for using materials and methods not inconsistent with any federal, state, or local laws, rules or regulations pertaining to ha'ardous materials, health, or environmental protection. 10. Second Party agrees to remove and/or relocate, at its expense, any irrigation structures which may currently be located within said right-of-way in accordance with the needs and desires of the owners of said irrigation structures. Page 2 of 3 Pages I • 11. Prior to upgrading said right-of-way, Second Party shall obtain a survey • performed by a professional land surveyor which shall establish the exact location of the section lines between Sections 1 and 2,Township 1 North, Range 65 West. It is mutually understood and agreed that this license and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, • COLORADO ATTEST: Clerk to the Board By: By: Deputy Clerk Barbara J. Kirkmeyer, Chair SECOND PARTY: RESCAR CLEANING CORPORATION OF CHANNELVIEW, INC. By: Title: SUBSCRIBED AND SWORN to before me this day of , 19 , By WITNESS my hand and official seal • Notary Public My commission expires: Page 3 of 3 Pages May, 3. 1996 2:24PM ' ' ,c;) No. 7433 P. 1/5 7702 FM 1960 East.Ste.232/Humble.TX 77346 Phone:(713)852-1199/Fax:(713)852-8818 REECIIII INCORPORATED Weld �' �i d County Planning p Mr.Kith Schuett -may 3, 1996 Current Planner II MAY Department of Planning Services 1996 Weld County Administrative Offices ;' . By Fax to 1400 N. 17th Avenue ce (970)352-6312 Greeley, Colorado 80631 ®Five page fax Subject: Draft information on USR 821 amendment request Dear Mr.Schutt: Kurt Acklam,Jerry Charaska and myself look forward to our meeting May 6th at 2:30 pm for the • purpose of effecting an informal review of our planned amendment request to USR 821 for the old Rocky Mountain Railcar property at Hudson. Per your request I include with this fax a current draft of our proposed Development Standards wording,and a reduced size plot plan. We will have more detail with us when we meet,including a readable size plot plan,but felt you would want some sketch to go with the draft wording. We will also bring along your copy of our formal application to the State Board of Health for air emissions. Hope this is what you had in mind when you suggested advance information. Yo v truly, Geo e J McDermott Director,Environmental and Regulatory Administration cc: Kurt Acklam, Acklam&Associates Steve Hennigan Rescar Jerry Charaska Rescar Steve Brown Rescar Dan Madock, Fox&Grove 05/03/96 12:31 TX/RX NO.3906 P.001 May, 3. 1996 2:24PM Q No, 7433 P. 2/5 April 19, 1996 draft..--first draft... rev 4/22/96 revised 4/29/96 1. A Site Specific Development Plan and Special Review Permit for a railcar inspection, maintenance,repair, cleaning,and surface coating facility,including storage of railcars incidental to the previously denoted functions, as submitted in the application materials on file in the Department of Planning Services and subject to the development standards stated hereon. 2.Waste oil,waste paints,paint related solvents,and various residues and/or reusable product,and reusable railroad crossties,and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination,and in compliance with applicable federal,state,county and local regulations. Listed items will be stored in areas identified on the Use By Special Review Permit Plan Map. 3. The property shall be maintained at all times in compliance with the requirements of the Air Pollution Control Division,Colorado Department of Health,for fugitive dust fumes,and for VOC emissions from surface coating and cleaning of railcars. 4.(a) No railcars containing hazardous wastes, or residues of hazardous wastes,as defined by EPA regulations,shall be allowed onto the site for any purpose which would include gaining access to,or removal of the contents. (b)Railcars containing residues of hazardous,or non-hazardous materials,as defined by US DOT regulations, may be accepted on site as outlined in Standard#1. Railcars containing residues of hazardous materials may not be retained on site in excess of 90 calendar days unless those residues have been removed by an approved cleaning process, and properly disposed of for off-site disopsaL S.No permanent disposal of wastes shall be permitted at this site. 6. The septic system(s) for the facility shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal System Regulations. 05/03/96 12:31 TX/RX NO.3906 P.002 May, 3. 1996 2:25PM No. 7433 P. 3/5 page two,draft of language for amendment to USR 821 gjm...4/19/96 rev 4/29/96 7.Railcar cleaning,exterior and interior railcar surface coating and related abrasive blast preparation,shall be performed as allowed by permit issued by the Colorado Department of Health,Air Quality Division. 8.Wastes and/or products generated by the cleaning,abrasive blasting and surface coating operations shall be managed on-site,for disposal off-site,in accord with all applicable federal,state,county and local regulations and ordinances. 9.Any waste material subject to airborne transfer of particulate matter shall be handled, stored, and disposed of in a manner that controls fugitive dust,blowing debris,and other potential nuisance conditions. 10.Fugitive dust shall be confined to the special review site. 11.Maximum permissible noise level shall not exceed the industrial limit according to 25-12- 102,Colorado Revised Statutes. 12.An individual sewage disposal system is required,is in place, and the system shall be maintained according to the Weld County Individual Sewage Disposal System Regulations. 13.The property shall be maintained in accordance with the Soil Erosion Control Plan approved by the Platte Valley Soil Conservation Service. 14.Access unto the special review site has been approved by the Public Utilities Commission,Burlington Northern Railroad,and the State Highway Department. 15. No building shall be constructed within Panhandle Eastern Pipeline Company's 50-foot right-of-way easement. 16.Two working days prior to construction of utility lines,streets,sidewalks,and driveways within Panhandle Eastern Pipeline Company's 50 foot right-of-way easement,the atitity notification center of Colorado shall be notified so that all utilities can be located and identified . 05/03/96 12:31 TX/RX NO.3906 P.003 May, 3. 1996 2:25PM Q No. 7433 P. 4/5 page three,draft of language for amendment to USR 821 gjm...4/19/96 rev 4/29/96 17.All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18.The property owner of operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19.The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20.Personnel from the Weld County Health Department,Weld County Department of Planning Services,and Hudson Fire Protection District shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the development standards stated hereon and all applicable Weld County Regulations. 21.The special review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations.Major changes from the plans or development standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or development standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22.The property owner or operator shall be responsible for complying with all of the foregoing development standards. Noncompliance with any of the foregoing development standards may be reason for revocation or the permit by the Board of County Commissioners. 05/03/96 12:31 TX/RX NO.3906 P.004 May, 3. 1996 2:25PM Q Na, 7433 P. 5/5 nI p r@ I l t I rg !s8 I r I j 1 i i;9�1 i 'r(' JJi' i! I Iii L9 ,I• k � �';( c0 qil Iiii Ijil ,i ig ' ;:c h 4 • i w If:111-cikc .r • I op i ig a r• !Pi!Pl k , i it < a ' rl b MIN p .rrt t , -- , , NI A$ I ; c��, yQ cgc-5 ii o _ .Pry, i' -c 4'1 I w ri` i MI � Into i LF git gI 2r hit i z / 1,`-�' 16c- a am_!, $ ii gaffs < yea a � —"---J--- —.- -r_ -- = =:=. - 1LJ) o c i �`� ,_ �.;.: - --• . 1 �:�,_—�.—'�'f tiR 9 I N...\%• PI gg\ `ri \ I I \ ri 2a a 3z � ` r \`,r t IRS \\\�\\ r�\ \ � , ..� ,, I, , t: i iallEi \ �,!!�,�� I y \ \ \ \\ \ ��Alt `b \' �\\ i ltliiii IL I all W m 7 ik \ \ N.:'\ \ \ i•,t\Q'\�\ CIE .. ! to Jinni iled a2 g. cccb W Y I \ \ , fl?tlb! En 11; a z I z \ \ Y \ \; 6 g5.O 17 94 i — \\ \ \orN- \ \ \ 1� dIt! F _... — — — —.—._:e� \— �• - ---L:+. 1`�1 ----hl ! POP ii" o I . \ \ N, . r p'u1• ie ,�� cm \ igkil j11 nil 1.a t sN$an a 9 fl f n \� a In \\\\� s 11'11 �19i 4 4 it � I6 � 6ttt ' UJJ iii r �fiaay rr1�` • t W M I. it1 F i ,_.111 Et g 05/03/96 12:31 TX/RX NO.3906 P.005 QKitt DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100,EXT.3540 FAX (970)352-6312 C. WELD COUNTY ADMINISTRATIVE 1400 AVENUE COLORADO GREELEY,COLORADO 80631 April 26, 1996 George McDermott 7702 Highway 1960, Suite 232 Humble, Texas, 77346 Subject: USR- 821 located on property within the Northeast '''A of Section 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado (147302000023) Dear Mr. McDermott: Thank you for your April 8 letter. Department of Planning Services staff and Weld County Health Department staff reviewed your letter and special review permit(USR- 821) case file. Staff determined that the proposed changes to the special review permit to include acceptance of tank cars that contain hazardous materials or residue of hazardous materials, for temporary storage, surface coating, and maintenance would not be a major change to the approved special review permit provided that the following are complied with and prior to the start of these uses on site: 1. Demonstrate to the Weld County Health Department that the facility has all appropriate permits from the Air Quality Control Division(AQCD) of the Colorado Department of Public Health and Environment for surface coating of rail cars. A copy of this permit and any change notice or Air Pollution Emission Notice you have or will be filing must to be submitted. 2. The process of surface coating and other activities at the facility may produce hazardous waste. Please provide written information to the Weld County Health Department a description of waste that may be generated,the waste handler, and your E.P.A. identification number, if you have one. 3. Due to the fact the proposed changes may increase or change concerns of the local Fire Department, a copy of the proposed changes must be submitted to the local fire department and you shall comply with any concerns that they may have. A copy of their response shall be sent to the Department of Planning Services. Q Q 4. A copy of a contingency plan describing response procedures and notifications in the event a tank car or other rail car is found to be leaking or has released hazardous waste material shall be submitted to the Weld County Health Department and the Weld County Office of Emergency Management. 5. All tank and rail cars that contain hazardous materials or residue of hazardous materials shall not be opened and shall have no internal repairs made on them. Please call me if you have any questions or need additional information. Sincerely, Keith A. Schuett Current Planner II pc: USR-821 Trevor Jiricek, Weld County Health Department Lee Morrison, Assistant County Attorney Clerk to the Board SERVICE,TEAMWORK,INTEGRITY,QUALITY Q DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100,EXT.3540 FAX (970)352-6312 C• WELD COUNTY ADMINI1400 N. 177 OFFICES COLORADO GREELEY,COLORADO 80631 April 26, 1996 Kurt Acklam Acklam Associates, Inc P.O. Box 795 1001 East Bridge Street Brighton, Colorado, 80601 Subject: USR-821 located on property within the Northeast %a of Section 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado (147302000023) Dear Mr. Acklam: Thank you for the letter that you faxed me on March 29, 1996 from Daniel R. Madock. Department of Planning Services staff reviewed the letter, case file for USR-821, and the Weld County Zoning Ordinance. Staff determined that the proposed changes to the special review permit to add and change existing development standards would be a major change to the plans and development standards shown or stated. Additionally to allow the facility to service rail cars containing hazardous materials would also be considered a major change to the plans and development standards shown or stated. To make a major change to special review permit USR-821, an application to amendment to the permit would need to be submitted to the Department of Planning Services staff for review. Department of Planning Services staff would review the amendment and make a recommendation to the Weld County Planning Commission. The Weld County Planning Commission would review the application in a public meeting and make a recommendation to the Board of County Commissioners. The Board of County Commissioners would make the final decision on the amendment in a public hearing. Development standards and conditions of approval do not restrict the transferability of the land along with special review permit USR-821 and can be transferred to any subsequent purchaser or assignee. Please call me if you have any questions or need additional information. Sincerely, Keith A. Schuett Current Planner II pc: USR-821 SERVICE,TEAMWORK,INTEGRITY,QUALITY Apr, 26. 1996 12:34PM .Q 4 No. 7292 P, 1/I Weld County Planning Dept. E . 7702 FM 1960 East,Ste.232/Humble,TX 77346 Phone:(773)552-7199/Fax:(713)552-6375 APR 2 6 1996 9p :• I X19 E ritir INCORPORATED tc Mr.ICieth Schutt April 26, 1996 Current Planner 11 Department of Planning Services Weld County Administrative Offices - By Fax to 1400 N. 17th Avenue - (970) 352-6312 Greeley, Colorado 80631 Subject: Proposed meeting date/time Dear Mr. Schutt: Thaula for you phone response on times you would be available to meet. I've had a bit of trouble with yomphoue system for last two days, when I stay on phone as suggested by the message it reverts to a busy signal,on a number of occasions. The suggested time of 2:30 pm on May 6th would be best for us, however we can rearrange our schedules for May 7th if your prefer. Please leave a message on my voice mail, at(713) 852-1199, eCt II if we don't get to speak directly. I will be accompanied by Kurt Acklam,who is handling our survey work and is familiar with the USA process, and by Jerry Charaska,who will manage the Hudson plant for Rescar. I would also appreciate your suggestion as to whom we should meet with in the Weld County Health Department,since we wish to visit and brief them on plans for disposal of the accumulation of wastes left by Rocky Mountain Railcar. I will send you an advance copy of our draft standards and drawing before May 6th. Thanks again. N Yours very truly, be J.INIcA mitt Director,Environmental and Regulatory Administration cc: - Kurt Acklam, Acklam & Associates SteveRenuigan Rescar Jerry Charaska Rescar Steve Brown Rescar • 04/26/96 10:41 TX/RX NO.3838 P.001 ll 7702 FM 1960 East,Ste.232/Humble,TX 77346 Phone:(713)852-1199/Fax:(713)852-6818 �� INCORPORAT D cjfif Ms. Chris ' e Bunning April 22, 1996 Colorado epartment of Public Health and Environment Hazardous terials and Waste Management Division Mail Cod -CP-B2 Denver olorado 80222-1530 Subject: Registration for hazardous waste generator activities. Old Rocky Mountain Railcar operation Existing COD982587289 Dear 10'Is. Bunning: Per our phone conversation this am, enclosed find our registration to cover potential generation of hazardous wastes at an existing railcar maintenance facility we have just purchased. The previous operator was Rocky Mountain Railcar who used the above captioned COD/EPA ID number to cover their functions as TRANSPORTERS, but apparently not as GENERATORS. I have completed form 8700-12 to cover our potential generation activities. It is my understanding that the previous operator left behind a number of drums of what appear to be waste oil, and perhaps some paint related wastes, which the seller has committed to having removed,however they were still on the property as of closing. At the time of our Phase I survey prior to purchase there was no evidence of leakage, or releases, and we have no reason to believe any spillage or releases have occurred since then. Since the wastes have not yet been characterized we have not yet attempted to select a properly registered transporter, or a permitted disposal vendor. Those functions may be performed by seller, or an agent for seller in the immediate future, prior to our beginning operations. While we will not begin operations for several months, we wish to obtain our EPA ID number at this time, against the possibility that we may have to manage legal disposal of those drums. If we should have to handle that situation, we would provide prior notification to the Weld County Health Department,including selections of transporters and disposal vendors. Q Page two, Colorado Department of Health, Re EPA/COD ID# 4/22/96 I can be reached at (713) 852-1199 with any questions. Please send correspondence to this address until further notice, as we do not yet have anyone on-site. Yours very truly, eorge J.McDermott Director,Environmental Administration cc: Weld County Health Department Attention: Environmental Protection Services Weld County Planning Commission Attention: Mr. Kieth Schuett Jerry Charaska, Plant Manager,Rescar, Inc, Hudson Facility Steve Brown, Vice President. Rescar, Inc, Downers Grove,Il. nenESCwwsn INCORPORATED Form Approved,OMB No.2050-0026 Expires 9-30-96 Please prnt or type with ELITE type(12 cheers per inch)in the unshaded areas only GSA No.0246-EPA-OT `Pfeaserefertothernstmcfions ° '�" '"`' ' * a "+P 4a t t for FieNx Noxnefirson boars g a t DatealReceivedUse completirlg;,Ih1a torn The es► NoilTICat oil of:'.,�ieguiated c�"�" (For Official Use Only) information requested borers Cr `A/ �a p requr by ( `/�� . '. Ste V,tl�� .a : _ red law Seedlherei0 v , �' of the ResodmeConservatioo „z'' -:gam --, Y' z i,"g ` ,z <. and Recovery Actj„.'' x;• e :,"' t [te e k s - " �`,e`2' ° '� Unde�Stafe�EnvUonmentat Pwtecffhn Agenoq •. L Installation s EP laNtmlber(Mark,X In the approprlatel oxj d,v 12 . . 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Continued on Reverse /� Form Approved,OMB No.2150.0029-gtiptes 930-96 Please print or type with ELITE typal 'characters per inch)in the unshaded areas only GSA•Ne.'246-EPA-07 ;R,. ° ID For Official Use,Onl ::m - VIII.Type of Regulated.Waste.Activity*irk `In the appropriate boxes, Refer}to•Instructions] ;75 A.Ffazardous Waste:Activity 2 ,, ° B.Used'0il Recyclmg<Acttviiies- � e i 1- Genetator(Seeflastraattns} Q Treater;-' toner, plspaser (at ,:lv.Used Oil Fuel Marketer _ 7 a, a;Greater-than t000kg)mo(2,200 ibs`"j „iInstallatian) Note A permit is ❑a ,Marketer Directs Shipment of Used G'i b.100 tol000 kg/mo(20O.2,20o it)s.)`" t required for this activity£.see Oil to Off-Specification Bamer f"c Less than too kglnro'(2201bs)> s `instructions _ -;.;171,!-'• Meter Wh th S dkaaticnshe Used: Z" Transporter feMadeinboxest-a . 4. Hazardaus4Waste del [ ,'I§beioyy) �',i E3 - 0 4.r &GeneratorMadotingtoBurner 2 Used Qlf Burner tndicate=Type(s) of : .� '% Combustion Devices) Q'_ a Fotlfff,wastaotdy, i ,b OtherMarketers -r c'a, UtilityBaller , m,��,ppr arafp uses ci8o leramYortndtlstrialFurnace b. Industrial Bolter -- ` s '° § :� 't SineiierDetec-tat +` „ " Dc.,.ItidustrialFumace - i T rff . Mide ofTiaospofadon 2:small Quantityr Fatemptton 3.Used oil Transporter Indicate Types) a 1 Airy r t' Indicate-Type�of Combustion o(Activity(fes) Q'� 2 Rail t Device(s)k tu c_.:1,-Transporter'' ` . ❑; E ghway s r ❑ 1 Utliity Boiler b. Transfer Facility a" 4 Water-" a - ❑ 2.tndustrtat Boiler $ - 4: UsedOil Processor/Re-refiner Indicate pi., Other'specify -`- ❑ 3 Industi alFurnace - Type(s)of Activity(ies) �w v, " - _ J'5: dr UnegroundlnfectionControl� -Process _ Z _ . ,., _s - . _ .__ �ab Re-refine IX:b i tfon of Hazardous Wastes pie additional sheets'if necessa A.Characteristics of Nonlisted Hazardous Wastes. (Mark'X'in the boxes corresponding to the characteristics of i nonlisted hazardous wastes your installation handles; See 40 CFR Parts 26120-26124) '-ale T 1 nitahle ▪ 2.Carroswe 93teacttve= 4.ToxldtY: .e v * •_• .:(0007) ▪ -(000.1) tti (0003) -, chamcterlgile (tOatsp.cdlcEPAt ardooiwastenymoer(a)for the Toxicity char articcoutanapt(s)) ° f B. Listed Hazardous Wastes. (See 40 CFR 261.31 33;See instructions if you need to list more than 12 waste codes.) 1 a 2� 3 - 8 , �,4 .6 ;' 5Y _ 'rU■.. `■..■ f c a��a _ ... - - C.Other Wastes. (State or other wastes requiring a handler to have an LD.number, See instructions.) a - : ,e L is "z w `X.Certrftcation , 3 I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a-' system designed to assure that qualified personnel properly gather and evaluatethe information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for submitting false information, ` Including the possibility of tine and imprisonment for knowing violations. Sign toe a,...4-- �[ -NInci 1 Gn-dd Official Title (Type or prigt) Date Signed t�1� ,... - J M IJ c Rr co/! U� �t`;GI O>'L c.cl�Ro.JM2�Tdl f}OMI,v. � (v- ^ zZ- � ,-/— ea . Xi; amments°_ A., ,c 4-a- 0cue,e . Le.1-7-e i\ ,. . . _ Note:Mail completed form to the appropriate EPA Regional or State Office. (See Section III of the booklet for addresses.) ` EPA Form 8700-12(Rev.11-30-93) Previous edition is obsolete. 7702 FM 1960 East,Ste.232/Humble,TX 77346 Phone:(713)852-1199/Fax:(713)852-6818 SCIIR >�l.e1d 00001 p1an��n9 Dept. �i INCORPORATED ppR z z 19g6 C covet) Mr. Kieth Schuett ,,,';, April 19, 1996 Current Planner II Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 Subject: USR 821,Rocky Mountain Railcar property Discussion of future use by Rescar,Inc.,vs USR 821. Dear Mr. Schuett: • Please refer to your letter of April 11, 1996 in which you outlined criteria for our planned temporary level of railcar maintenance operations pending completion of an amendment process for USR 821, and receipt of a Colorado State Air Quality permit. We appreciated the timely review and reply. Myself and Jerry Charaska, our Plant Manager for the Hudson facility, plan a visit to Greeley/ Hudson area on May 6th and 7th, to handle a number of open matters, including working with Acklam &Associates to finalize our USR amendment application. I will phone ahead for meeting times with yourself, Fire Department officials, and appropriate Health Department personnel, to ensure that we understand all of the County requirements before attempting to start temporary operations, or to submit our formal USR amendment request for normal operations. We assume that the Health Department is aware of numerous drums of waste material remaining on the property, left by the previous operator. We are working with the seller to have them fulfill their commitment to have those drums removed for legitimate disposal. We should know how and when this will be accomplished by the time of our visit, and will advise the County Health Department as this situation evolves. Pending that visit,the following information is provided as a preliminary response, (numbered to match the order in your letter of April 11th), since it will be several weeks before we can have everything in place for compliance: 1. We have almost completed our application to the Colorado Air Quality Control Division to perform surface coating operations as described in my letter of April 8th as part of our "long term" plans. Q Q Page two, Mr. Schuett, Weld County Planning Commission April 18, 1996 When approved, in conjunction with the amendment process for USR 821, we plan to construct the surface coating and cleaning facilities as shown on the attached sketch, which is a preliminary version of the full scale drawing to accompany our air quality application, as well as our USR amendment application. We foresee limited coating activity in the start up, or "temporary" phase of our operation, and plan to conduct that in the same location used for blasting and coating by the previous facility owner, within the sanction of the Air Quality permit process, which includes exemption from permitting for volumes of VOC below 5 tons/year..and also includes rigid limits on HAP emissions. 2. Our surface coating operations at other Rescar operations do produce hazardous wastes, and are managed and disposed of as such, typically into fuels blending programs. We include copy of our registration to the Colorado Department of Waste Management describing those wastes, and confirming our use of the existing,site specific COD/EPA identification number. . Pending amendment to USR 821 those should be about the only hazardous wastes involved. 3. We will communicate with the local Fire Department formally after plans are firmed, and will furnish copy of their response. In the interim, we plan to visit with then to ensure our understanding of their needs, and to review our draft contingency plan. 4. Completed contingency plan will be submitted for approval prior to operations startup. 5. Pending amendment to USR 821 no tank or other railcar containing hazardous materials or residues will be opened or have internal repairs made to them. We ask that the "less than six month" temporary use time period commence at the time we begin operations, as opposed to the date of your letter on the subject, since it will take some time to move operations equipment on-site, and handle our initial staffing. If that understanding is agreeable to your agency we will plan to provide formal notification prior to beginning operation. Please feel free to call me at(713) 852-1199 with any questions or suggestions. Yours very truly, G r mo Director, Environmental and Regulatory Administration cc: Trevor Jiricek, Weld County Health Department Steve Brown Rescar Steve Hennigan Rescar Jerry Charaska Rescar M� BESCAI1 INCORPORATED UR wK Z Y �i LJ - u z a It c. 7. l x z \ Q J 3 Z Q _ _ - JJ I I r' a 0 ) in --.. • M en ti 2 Fz o 5 o . � Y „d Cl- �` •• \ ll�� N - r J • X in O L.) a �.>) �J a ' ! e ti • z z� JJ yd� .�, � � ` r ' ued (/ Jtii S ��Q II= I a w oozJ o I >CC Li o - X,i .> z o ` - C>wO O ` o.m I Uv> x g O u_l oz J X Om III `3 m J IQo •n XD . ' N W d ll7J d F LLI .� .,�� En Z X .-- W \\ -,�0 Z if7 5 j :co . ¼ \\a\ o U\ ..* Q ' Z Yb$ \ \\ Z E��,yo yu��\��O Lu Ze:bT 96, LT &It' Zed 626 531HIJ0SSi WFfl>l e LL29-6S9 A • oit DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100,EXT.3540 FAX (970)352-6312 C. WELD COUNTY ADM 1400 R.ADMINISTRATIVE OFFICES COLORADO GREELEY, COLORADO 80631 April 11, 1996 George McDermott 7702 Highway 1960, Suite 232 . Humble, Texas, 77346 Subject: USR- 821 located on property within the Northeast 'A of Section 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado (147302000023) Dear Mr. McDermott: Thank you for your April 8 letter. Department of Planning Services staff and Weld County Health Department staff reviewed your letter and special review permit (USR- 821) case file. Staff determined that the proposed changes to the special review permit to include acceptance of tank cars that contain hazardous materials or residue of hazardous materials, for temporary storage, surface coating, and maintenance would not be a major change to the approved special review permit provided that the following are complied with and prior to the start of these uses on site: 1. Demonstrate to the Weld County Health Department that the facility has all appropriate permits from the Air Quality Control Division(AQCD) of the Colorado Department of Public Health and Environment for surface coating of rail cars. A copy of this permit and any change notice or Air Pollution Emission Notice you have or will be filing must to be submitted. 2. The process of surface coating and other activities at the facility may produce hazardous waste. Please provide written information to the Weld County Health Department a description of waste that may be generated, the waste handler, and your E.P.A. identification number, if you have one. 3. Due to the fact the proposed changes may increase or change concerns of the local Fire Department, a copy of the proposed changes must be submitted to the local fire department and you shall comply with any concerns that they may have. A copy of their response shall be sent to the Department of Planning Services. r)," 4. A copy of a contingency plan describing response procedures and notifications in the event a tank car or other rail car is found to be leaking or has released hazardous waste material shall be submitted to the'Weld County Health Department and the Weld County Office of Emergency Management. 5. All tank and rail cars that contain hazardous materials or residue of hazardous materials shall not be opened and shall have no internal repairs made on them. Please call me if you have any questions or need additional information. Sincerely, Current Planner II • pc: USR-821 Trevor Jiricek, Weld County Health Department Lee Morrison, Assistant County Attorney Clerk to the Board SERVICE,TEAMWORK,INTEGRITY,QUALITY Q 001(16 mEmoRAnDum WIIDC Keith Schuett, W.C. Planning April 10, 1 To Date COLORADO Trevor Jiricek, W. C. Health Departmen4 From Subject: Rescar, Proposal letter dated April 8, 1996 As you requested, our Department has reviewed the April 8, 1996, letter, from Rescar, Inc . This letter references a conversation which you had with George J. McDermott of Rescar, Inc. and their attorney Dan Madock. In reviewing this letter, and after discussing this with you, it is our understanding that Rescar, Inc . is proposing to do the following: Rescar will be accepting tank and other car types on-site in order for repairs or maintenance activities to be conducted. They also may store (short-term) tank and other car types as a matter of convenience or incidental to their core business purpose of inspection and maintenance. They may also perform the same level of surface coating (painting) which had been performed under the existing U.S.R. In addition, some of these tank or other car types may contain hazardous materials or residue of hazardous materials . However, no tank or other car type containing a hazardous material will ever be opened on-site, as their inspection and light maintenance activities do not require internal access. The Department approves of the amendment . However, approval is contingent upon demonstration, to the W. C. Planning and Health Departments, that the facility has complied with the following: 1) The process of surface coating railcars would likely require an emissions permit from the Air Quality Control Division (AQCD) of the Colorado Department of Public Health and Environment . Our Department was unable to locate a permit for this process . Please provide a copy of this permit . In addition, please provide copies of any change notices or Air Pollution Emission Notices you have or will be filing with the • AQCD. Weld County Planning Dept. APR 11 1996 Q Gar Keith Schuett Rescar, Inc. April 10, 1996 Page 2 2) The process of surface coating and other activities at the facility may produce hazardous waste . Please describe the wastes which may be generated, the waste handler, and your E.P.A. identification number, if you have one. 3) The local Fire Department may have additional concerns . The Department requests that you submit a copy of this amendment to the Fire Department and comply with their requests . 4) Rescar must submit its contingency plan describing response procedures and notifications in the event a tank or other rail car is found to be leaking or has released a hazardous waste or material . These conclude the Division comments at this time. If you have any questions, please call me at extension 2232 . tj\342 .\ N - - d • ® -Q • 7702 FM 1960 East,Ste.232/Humble,TX 77346 Phone:(713)852-1199/Fax:(713)852-6818 Weld Comfit Planning Dept. APR 0 9 1996 RESCAR INCORPORATED R EC � V `tom Mr. Keith Schuett April 8, 1996 a Current Planner II - Department of Planning Services Fax to: Weld County Administrative Offices (970) 352-6312 1400 N. 17th Avenue Greeley, Colorado 80631 Subject: USR 821, Rocky Mountain Railcar property Discussion of future use by Rescar, Inc., vs USR 821. Dear Mr. Schuett: Please refer to phone conversation this morning with myself and our Attorney Dan Madock to clarify several questions regarding Standard number 4 of USR 821, and to further explain Rescar's intentions for future use of the property for which we are negotiating to purchase. As explained, Rescar is the largest privately owned railcar service provider in the nation, and currently manages over fifty railcar servicing operations, most of which include servicing of tank cars as a significant element of their activities. In many of these operations such cars are never opened, since our inspection and light maintenance activities do not require internal access. Ten of those operations are major plant facilities providing services such as major structural repairs, alterations or conversions, internal and external surface coating. These ten plants include internal cleaning operations which require generation and management of solid wastes, some of which are hazardous. In the case of tank cars, major maintenance involving welding or tank requalification are extensively controlled by DOT and AAR (Association of American Railroads Tank Car Committee) regulations. We maintain air emission permits, or in several situations, explicit Standard Exemptions, for all of our surface coating and cleaning operations, and have developed excellent compliance histories, never having been cited for any serious violation of environmental regulations. Where cleaning services are provided we are registered as Large quantity Generators of Hazardous Wastes, and we maintain an internal audit system intended to ensure continuing good compliance levels. Our short term start up level of operational needs for the Rocky Mountain Railcar property include acceptance of tank and other car types on site for various purposes, either mechanical maintenance, ,short term convenience storage incidental to our core business purposes of inspection and maintenance, or the level of surface coating which had been performed there under the existine USR. This work would not require that we perform removal of hazardous residues from such railcars. a It would appear that USR 821 standard #4, as we understand it to be currently written prohibits acceptance of " railcars containing hazardous wastes or materials, or harmful levels of hazardous wastes or materials onto the site without written approval by the Weld County Health Department" (our emphasis, for clarity) and would not preclude acceptance of tank cars containing placarded residues of regulated materials which are normal to most "empty" rail tank cars, to allow us to fulfil our short term operational needs, provided that Rescar were to demonstrate to appropriate County Health Department authorities that we intend to, and are capable of handling this work in a responsible manner. Beyond those "short term" operational needs, our purchase investment justification includes carrying on the existing repair operation, expansion of the existing railcar surface coating, some storage of railcars, and a professionally developed railcar internal cleaning operation. No on-site disposal of hazardous wastes are involved at any Rescar operation, and would not be involved at the Hudson plant. We understand that implementation of the cleaning operation will require formal amendment to the USR, which is consistent with the discussion we had during my visit.in November of 1994, however, and you suggested that we would want to concentrate activities of that nature closer to the existing repair buildings than to the BN mainline, which general location appears practical. • We are working with the Colorado Air Quality Control Commission for an air quality permit, to include provisions for emission from both surface coating and railcar cleaning, with the understanding that railcar cleaning will not be performed until approved at County level, by USR amendment. Plantwide permit emission levels will be low enough to qualify for "Synthetic Minor" status, through committing to federally enforceable levels of HAP's, and of overall VOC's. If the sale is closed as planned we intend to proceed promptly with a formal request for USR amendment, however, we would appreciate your timely review of our intentions and advising us if we are making unwarranted assumptions as to our ability to achieve our goals, in cooperation with the Planning Commission and Health Department. This letter is being faxed today for your preliminary review, however, we are also ovemighting the original with descriptive enclosures and a few examples of permits and standard exemptions we hold in other states, to better describe what Rescar is all about. Please feel free to call me at (713) 852-1199 with any questions or suggestions. We look forward to becoming good corporate neighbors in Weld County. Your truly, Gd(ofr J. McDermott Dire or, Environmental and Regulatory Administration cc: Steve Brown Rescar Dan Madock Fox & Grove EMIR EfiVIR INCORPORATED I DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100,EXT.3540 FAX (970)352-6312 Q WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 April 5, 1996 Kurt Acklam Acklam Associates,Inc P.O. Box 795 1001 East Bridge Street Brighton, Colorado, 80601 Subject: USR-821 located on property within the Northeast''A of Section 2,Township 1 North, Range 65 West of the 6th P.M.,Weld County, Colorado (147302000023) Dear Mr. Acklam: Thank you for the letter that you faxed me on March 29, 1996 from Daniel R. Madock. Department of Planning Services staff reviewed the letter, case file for USR-821, and the Weld County Zoning Ordinance. Staff determined that the proposed changes to the special review permit to add and change existing development standards would be a major change to the plans and development.standards shown or stated. Additionally to allow the facility to service rail cars containing hazardous materials would also be considered a major change to the plans and development standards shown or stated. To make a major change to special review permit USR-821,an application to amendment to the permit would need to be submitted to the Department of Planning Services staff for review. Department of Planning Services staff would review the amendment and make a recommendation to the Weld County Planning Commission. The Weld County Planning Commission would review the application in a public meeting and make a recommendation to the Board of County Commissioners. The Board of County Commissioners would make the final decision on the amendment in a public hearing. Development standards and conditions of approval do not restrict the transferability of the land along with special review permit USR-821 and can be transferred to any subsequent purchaser or assignee. Please call me if you have any questions or need additional information. Sincerely, urrent Planner II pc: USR-821 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEVELOPMENT STANDARDS Rocky Mountain Railcar; c/o Ron L. Maynard • USR-821 • '1. The Special Review permit is for uses similar to those -listed as Uses by Special Review in the A. (Agricultural) zone district (maintenance and.. repair shop for railroad cars) , as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Waste oil, waste paints, stains, treatments, creosote, anti—freeze, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and • groundwater contamination. 3. The property shall be maintained at all times in compliance with the requirements of the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and fumes. • 4. No rail cars containing hazardous wastes or materials or harmful levels of residue of hazardous waste or materials shall be allowed onto the site at any time for any reason. 5. No permanent disposal of wastes shall be permitted at this site. 6. The septic system for the proposed facility shall be designed by a Colorado .Registered Professional Engineer according to the Weld County Individual Sewage Disposal System Regulations. 7. Wood shavings, sawdust, and waste materials shall be handled, stored, and disposed, in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. • 8. Fugitive dust shall be confined to the Special Review site. 9. Maximum permissible noise level shall not exceed the industrial limit of 80 db (a) , as measured according to 25-12-102, Colorado Revised Statutes. 10. An individual sewage disposal system is required for the dwelling for security personnel and the system shall be installed according to the Weld County Individual Sewage Disposal System Regulations. 11. The property shall be maintained in accordance with the Soil Erosion Control Plan approved by the Platte Valley Soil Conservation Service. 12. Access onto the Special Review site shall be approved by the Public Utilities Commission, Burlington Northern Railroad, and the State Highway Department. Development Standards Rocky Mountain Railcar USR-821 Page 2 13. No building shall be constructed within Panhandle Eastern Pipe Line Company's 50 foot right-of-way easement. 14. Two working days prior to construction of utility lines, streets, sidewalks, and driveways within Panhandle Eastern Pipe Line Company's 50 foot right-of-way easement, the utility notification center of Colorado shall be notified so that all utilities can be located and identified. 15. -All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 16. The property owner or operator shall be responsible for complying with . the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 17. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 18. Personnel from the Hudson Fire Protection district, Weld County Health Department, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 19. All materials stored• shall be stored within the proposed screened storage areas on the Special Review plat. 20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County Regulations. Any material deviations from the plans or standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 21. The property owner or operator shall be responsible for complying with all of the foregoing standards. Noncompliance with any of the foregoing standards may be reason for revocation of the permit by the Board of County Commissioners. 659-6377 - ACK® ASSOCIATES 096 P01 MAR 29 '98 09:51 • AC1.4LAM ASSOC YATES ILTC . F.O. Sex 7G5 1001 E: Srid.ge -Street • Hriahtcn. Colcradc 80601 Rene: 0303} 65.14-5S46 Fax : (303} 65c-53-77 rAcis C.Ov S- -= xxYr.ex , 1NeidCci iti rsti iti Dept e?6,. MAR 2 g 1950 tbiatos,r- RE EKED FAX HUME=: /— -- 1 2 • }P_v-_. CFPAGES icl.:A.n; __ ice: 3t..yi • .t.f I 03/29/96 08:50 TX/RX NO.3522 P.001 659-6377 ACKLAM ASSOCIATES 896 P02 MAR 29 '96 08:52 Fox AND GROVE ,x. CN*nCfLC ATTORNEYS AT LAW 911 SOUTM WACKER DRIVE/SUITS 0200 CMICA00, ILLINOIS 00606'6622 (818)E99CS00 TELCCOPIWR(Ole)56.'-0700 WMAYLC P.Fist COMA 4 CILLMAN ass CENTRAL...VS.Iat.PRTCRGDUR6,FLORIPA Sa,OI MARK T.OADERTIN ANNALISA MARTIN!S000PER KAMAN M.GROVE W,WAM gum BARRCf? (919)ael-Eoco YAMPA S. DOMEYER MICHAEL A.PAULI, LAMRENCS M.COHEN ALLISON E.OW,LEY SOO EAST"AM=OL L6 YO./TAMPA.FaloA caeca SEAN J•FAMEY MARLEE ADAMS YNO'NOON S.RICKARD PINCIJO JEFFREY E. 06ESCN (RIB)sea-Teas"AM= L1AVI L. NiRBEM TODD D.2TEENSOn RUEa6LL M.KOFOEO ROBCRT D1.M!N1t JOSHUA 6. NOLLEE MICHAEL L.SI,WVAN JEFFREY S.SOLOMAN JOQL VI.RIE4 2.16 SYCCNTON ST./SAN FRANCISCO,CALIFORNIA ea,Oe oANNIEL A, KAzIAUaKI LYNN VRKOV'NORM MARTY OSNN, (4Is)9S0.•Rso OANIn R.MADOCK OCYOLlS N.MtfMAN DAVID TATUCHNI March 26, 1996 VIA FACSIMILE AND FIRST CLASS MAIL Curt E. Acklam Acklam Associates, Inc. P.O. Box 798 1001 East Bridge Street Brighton, CO 80601 Re: Reece:, Inc. Dear Curt: • • As we discussed, this letter will confirm that you have been retained to work with Rescar with respect to the Use by Special Review for the subject property. At this time, Rescar would like written confirmation from Weld County that the USE (No. 821) is fully transferable so that Rescar can operate the property as a railcar repair facility. In addition, Rescar would request the following minor amendments to the development standards: Development Standard No. 4. This standard should be amended to provide that rail cars contai ii"g hazardous wastes may be serviced on the site provided that Rescar complies with all applicable federal, state and local environmental and safety laws, rules and regulations in the handling and disposal of' any such wastes. 22. A new development standard providing that the USR. (To. 821) shall be transferable to a subsequent purchaser or assignee of Rasear's. • MP PA 199A 1P:99AM AC'S R L.'pnvr ,.t,, c-rr n • 03/29/96 08:50 TX/RX N0.3522 P.002 659-6377 ACKLAM ASSOCIATES 896 P03 MAR 29 '96 08=52 CHnPTEAEb _ _ • Q ® curt Acklan VMiY LSIiOi P`% March 26, 1996 Page 2 Please call me after you have had a chance to discuss these changes with the County. Very truly yours, Dar,;P1 R. Madock, far FOX AND GROVE, CHARTERED DRMmaf 03/29/96 08:50 TX/RX NO.3522 P.003 Hello