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TO THE
February 7, 1996
Steven Laudeman, Geologist
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
HMWMD-SWIM-B2
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
RE: Environmental Recycling and Disposal, Inc. ("ERD")
Dear Mr. Laudeman:
This letter is to give notice regarding ownership of the Certificate of Designation ("CD")
issued by Weld County for the recycling and solid waste disposal site and facility located at the
intersection of Weld County Road 5 and Road 6 and to appraise the Colorado Department of
Public Health and Environment ("CDPHE") as to the rnsference of this CD between Weld
County and the Town of Erie. i3O,R (R5(, U4 ) lD
The original and current owner of the Site and CD is ERD. On May 25, 1995, all stock
in ERD and all interest it may have had in the property, including the CD, was acquired from
Mid-American Waste Systems, Inc. by:
Sanifill of Colorado, Inc.
4600 South Ulster Street, Suite 700
Denver, Colorado 80237
ERD remains the current owner and has begun the development of the land and
construction of the solid waste recycling facility. As the new owner of ERD stock, Sanifill of
Colorado,Inc. understands that ERD must comply with all applicable federal,state and local laws
including all requirements set forth in the CD and Site Specific Development Plan for the
landfill.
Moreover, Section 1.3.9. of the Colorado Solid Waste Regulations, 6 C.C.R. 1007-2,
requires notification in change of status or ownership. To better reflect the national presence of
Sanifill, ERD is now being merged into Sanifill of Colorado, Inc. and will no longer have a
separate corporate existence. Thus, the landfill will now be owned and operated by Sanifill of
Colorado, Inc.
960348
et, �/ hL ✓) Printed on Recycled Paper
US in` Sanifill ofColorado,Inc. • 4600 S.Ulster Street,Suite 700 • Denver,C080237 • (303)740-6797 • FAX(303)740-6762 PI-o y I
Steven Laudeman, Geologist
February 7, 1996
Page 2
This letter also notifies you that Sanifill and the Town of Erie have entered into
negotiations for the annexation of the Site into the Town. There do not appear to be any specific
regulations which deal with transferring jurisdiction of the CD between governmental entities.
Further, our legal representative, J. Kemper Will of Bums, Figa & Will, P.C., has spoken to
representatives of CDPHE concerning the transference of a CD between governmental entities.
CDPHE representatives where not aware of any guidelines since a transfer of a CD between two
governmental entities has not yet occurred in Colorado. Given the lack of guidelines, ERD
proposes the following steps to accomplish the transfer:
1. The landfill site will be formally annexed into the Town of Erie.
2. The Town of Erie will assume jurisdiction over and ratify the issued CD and Site
• Specific Development Standards ("SSDS") issued for the landfill by Weld County.
3. An Intergovernmental Agreement will be executed between the Town of Erie and
Weld County which deals with financial aspects, annexation issues, road
maintenance, and other arrangements regarding the Site and operation.
4. Sanifill will notify CDPHE of the transfer of the CD between the Town of Erie
and Weld County once all legal steps have been taken by the Town or Erie.
Given that the Town of Erie will be ratifying the previously issued CD and SSDS, the Site and
operation will be developed to the same specifications as were originally approved and amended
by both Weld County and CDPHE, except as amended with the authorization of CDPHE and the
Town of Erie.
If there is any question regarding this notice or transfer of the CD from Weld County to
the Town of Erie, please contact our legal representative, J. Kemper Will, as soon as possible so
that the matter may be resolved promptly. The final Erie hearing on the transfer is scheduled
for February 22, 19%. Mr. Will's phone number is (303) 796-2626.
Thank you for your attention to this matter.
Sincerely,
SANIFILL OF COLORADO, INC. -
David M. Hall
Regional Manager
Steven Laudeman, Geologist
February 7, 1996
Page 3
cc: Weld County Commissioners
Town of Erie
J. Kemper Will, Burns, Figs & Will, P.C.
Richard E. Von Pein, Canifill, Inc.
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