HomeMy WebLinkAbout980326.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, 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
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PL0447
PROBABLE CAUSE HEARING FOR SUP #454 - DUCKWORTH/WCWD
PAGE 2
WHEREAS, at said hearing on February 21, 1996, the Board heard all of the testimony
and statements of those present, studied the recommendations of staff from the Weld County
Departments of Planning and Health 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 26, 1997, at 9:00 a.m., to allow site characterization and interim control measures to
continue, in accordance with the EPA Order and to allow time for final measures to be
completed, and
WHEREAS, at said hearing on February 26, 1997, the Board was advised by staff that
cleanup of the site by H S Resources, Inc. and Amoco Production Company is slowly
progressing and site characterization and interim control measures are proceeding in
accordance with the EPA Order; however, it will be five or six years before final measures are
completed, and
WHEREAS, at said hearing on February 25, 1998, the applicant was not present or
represented, and the Board studied the recommendations from the Weld County Departments
of Planning and Health staff and deemed it advisable to again continue said matter to February
24, 1999, at 9:00 a.m., to allow site characterization and interim control measures to continue,
in accordance with the EPA Order and to allow time for final measures to be completed.
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 24, 1999, at
9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: F 5
Constance L. Harbert, Chair
Weld Cou ty,
h 0O,),„±17-7
q a. s W. H. W bster, Pro-Tem
BY: �"..�;s__ .. .��v?.fl 6
Deputy j!111►��n;Jw,rd v 1,
George . Baxter
APP AS TO ORM: EXCUSED DATE OF SIGNING (AYE)
Dal K. Hall
unt A orn .(,Z,t/.iG
/ Barbara J. Kirkmeyer C
980326
PL0447
it(pN MEMORANDUM
TO: Weld County Commissioners DATE: F F� 24, 1998
kFROM: Trevor Jiricek, Health Departmer
COLORADO SUBJECT: Weld County Waste Disposal
Our Department is recommending for a continuance for a period of one year for this
Probable/Show Cause hearing involving the Weld County Waste Disposal. 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 following all of the activities and
progress which has taken place at the Weld County Waste Disposal.
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:
In May 1995, under the authority of Section 7003 of the Resource Conservation and Recovery
Act, the Environmental Protection Agency issued an Order "to abate an imminent and substantial
endangerment to health or environment..." to the Weld County Waste Disposal, owned by
Howard Duckworth. The Order alleged that a groundwater impact had occurred which was
attributed to the facility and that waterfowl had been killed as the result of landing on the oily
surfaces of the ponds. The Order was also issued to the two companies which had disposed the
largest quantity of waste at the facility. These two companies, Amoco Production Company
(Amoco) and HS Resources Inc. (HSR), have since taken the lead in implementing the Order.
The WCWD is located approximately 5 miles east of Fort Lupton. It had been in operation since
the 1970's and primarily accepted liquid exploration and production waste for disposal by
evaporation. The site consisted of a receiving sump where liquid waste was initially dumped
upon receipt at the facility. The waste was then pumped into on-site tanks where any reclaimable
oil was separated out. The waste was then discharged into two large ponds for evaporation.
The Order and its requirements are broken up into several major sections. The three sections
specifically dealing with site 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
A< 4,O7
Weld County Waste Disposal
February 24, 1998
Page 2
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. The shallow groundwater downgradient of
the site has assessed to the point where none of the Agencies feels that there is a threat to
human health or the environment. However, the groundwater assessment has not been
completed. HSR and Amoco have requested to temporarily hold off on further
characterization so that they can focus their efforts on the closure of the northern most pond
(pond C) in order to minimize the threat to waterfowl. This request has been granted by the
E.P.A.
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 submitted and received approval for a Characterization Work Plan.
Characterization activities were conducted the fall 1997. The report summarizing the
characterization is currently under review by the agencies.
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.
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 were required to develop a community involvement plan. This plan
has been developed and implemented to the satisfaction of all of the Agencies. It included
surveys, newsletters, and public meetings for interested parties.
Other routine activities required by the Order include monthly progress reports to the agencies
and the submittal of quarterly groundwater monitoring reports.
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