HomeMy WebLinkAbout951539.tiffRESOLUTION
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, 1995, 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
951539
PL0447
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PROBABLE CAUSE HEARING FOR SUP #454 - DUCKWORTH/WCWD
PAGE 2
WHEREAS, the Board was also informed that Weld County Waste Disposal, Inc., is
$211,250.00 in arrears to Weld County concerning fees required by Ordinance No. 164-A and
deems it advisable to refer said matter to the County Attorney's Office for collection.
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 21, 1996, at 9:00 a.m.
BE IT FURTHER RESOLVED by the Board that the fact that Weld County Waste Disposal,
Inc., is $211,250.00 in arrears to Weld County concerning fees required by Ordinance No. 164-A
be, and hereby is, referred to the County Attorney's Office for collection.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of August, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COL
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Dale K. Hall, Chairman
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George E. Baxter
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Constance L. Harbert
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951539
PL0447
ID:303-831-1181 RUG 01'95 15:0? No.00 P
RICHARD D. JUDD, P.C.
ATTORNEY AT LAW
1660 LINCOLN STREET, SUITE 2800
DENVER, COLORADO 80264
FACSIMILE: 303/831-1181
TELEPHONE: 303/831-1110
August 1, 1995
VIA FACSIMILE, NO. 303-351-0978
Mr. Keith A. Schuett
Current Planner
Department of Planning Services
Weld County Administrative Offices
1400 North Seventeenth Avenue
Greeley, Colorado 80631
Re: Weld County Waste Disposal, Inc.
Dear Mr. Schuett:
As a matter of courtesy, this is to advise you that Weld County Waste Disposal, Inc. will not
be present at the Probable Cause Hearing scheduled for 9:00 a.m. on Wednesday, August 2, 1995.
Weld County Waste Disposal, Inc. will rely on the record of proceeding to determine its rights,
duties and obligations in this matter.
As I have previously indicated to you, there is no justification for the expenditure of monies
to attend this hearing where the only result will be for the Weld County Commissioners to make a
determination that a show cause hearing should be held on revocation of the Special Use Permit.
Since the facility is closed permanently, revocation of the Special Use Permit is not a matter of great
concern to Weld County Waste Disposal, Inc.
Yours very truly,
A-9
Richard D. Judd
RDJ/vas
cc: Lee Morrison, Esq. (via facsimile)
Mr. Howard Duckworth (via regular mail)
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Richard D. Judd
1660 Lincoln Street; Suite 2800
Denver, Colorado 80264
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-6100, EXT.3540
FAX (303) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY. COLORADO 80631
July 31, 1995
Dear Mr. Judd:
The Department has reviewed your letter of July 27, 1995 concerning Weld County
Waste Disposal, Inc. and the continued Probable Cause Hearing scheduled for
Wednesday, August 2, 1995 at 9:00 a.m.
The Department has considered your request to continue all matters until February
21, 1996. It is our position that the fees required by Ordinance 164-A and the
application of waste onto the Martin property should be heard at the August 2,
1995 hearing. Your position regarding a continuance of all matters will be made
known to the Commissioners and you may request to the Commissioners that all
matters be continued until the proposed February hearing.
It was indicated in your letter that the owner of the Martin property has
resolved the issue of land application of waste onto his property with Weld
County. This is not accurate, as no resolution has been agreed upon by the
County. The Colorado Department of Public Health and Environment has responded
to an inadequate proposal submitted on behalf of the Martin's.
If you have any questions, please call either Trevor Jiricek at (970) 353-0635,
extension 2232, or Lee Morrison at (970) 356-4000, extension 4395.
Sincerely,
et
Current Planner II
tj\217
cc: Steve Laudeman, Colorado Department of Public Health & Environment
Lee Morrison, W.C. Attorney's Office
Claude Hanes, W.G. Comptroller
Trevor Jiricek, W.C. Health Department
Howard Duckworth, Weld County Waste Disposal
Corbin Darling, Environmental Protection Agency
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RICHARD D. JUDD, P.C.
ATTORNEY AT LAW
1660 LINCOLN STREET, SUITE 2800
DENVER, COLORADO 80264
FACSIMILE: 303/831-1181
TELEPHONE: 303/831-1110
July 27, 1995
Mr. Keith A. Schuett
Current Planner
Department of Planning Services
Weld County Administrative Offices
1400 North Seventeenth Avenue
Greeley, Colorado 80631
Re: Weld County Waste Disposal, Inc.
Dear Mr. Schuett:
JUL 3 1 i995 VI
Thank you for your letter of July 27, 1995 concerning Weld County Waste Disposal, Inc.
("WCWD") and the continued Probable Cause Hearing now scheduled for Wednesday, August 2,
1995.
I have no objection to continuing the hearing until February 21, 1996 as suggested in your
letter.
As to the two items which you mention and for which you desire to continue to have the
hearing on August 2, 1995 concerning (i) land application on an area south of the facility known as
the Martin property, and (ii) the arrearage in fees due to the County in the amount of $211,250.00
I have several comments.
First, as you may or may not be aware, WCWD is cooperating with the United States
Environmental Protection Agency ("EPA") and is currently in the process of granting to EPA
consent for access to the facility so that EPA and other authorized persons can have access to the
facility to comply with the Administrative Orders entered by the EPA. Currently, WCWD does not
have the financial resources to comply with the EPA's orders, nor does it have financial resources
to deal with the land application issues and the arrearage in fees owed to Weld County.
If, as you suggest, the hearing continues on Wednesday, August 2, 1995, as to the two items
listed in your letter, and assuming that Weld County prevails with the necessary burden of proof,
the County Commissioners would enter a finding that WCWD has violated its Special Use Permit
RICHARD D. JUDD, P.C.
Mr. Keith A. Schuett
July 27, 1995
Page 2
and would then schedule the matter for a Show Cause Hearing as to why the Permit should not be
revoked.
The County Commissioners cannot order that the soils be removed or remediated, nor can
they order that any arrearage in fees be paid.
Finally, it is my understanding from a discussion with a representative of the owner of the
Martin property, the owner of the Martin property has resolved the issue of the land application on
the road in a way that was satisfactory to Weld County.
Under these circumstances, I see no reason why it is necessary to have a hearing concerning
the two matters listed in your letter. I would therefore suggest that the entire matter be continued
until February 21, 1996.
I will look forward to your response in this matter.
Yours very truly,
•)
Richard D. Ju
RDJ/vas
cc: Lee Morrison, Esq.
Mr. Trevor Jiricek
Mr. Howard Duckworth
WUDc
COLORADO
July 27, 1995
Richard D. Judd, P.C.
1660 Lincoln Street, Suite 2800
Denver, Colorado 80264
Dear Mr. Judd:
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT.3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
As you know, the Weld County Waste Disposal's previously continued Probable Cause
Hearing is scheduled for Wednesday, August 2, 1995. We believe that the majority
of the violations of SUP -454 cited at previous hearings have been adequately
addressed by the Environmental Protection Agency, RCRA 7003 Order (the Order).
However, there are two (2) items which were not addressed by the Order which the
County still has issue. They are as follows:
1) The land application of waste on an area south of the facility known as
the Martin property. According to a report from Groundwater Technology,
dated November 11, 1994, concentrations of total petroleum hydrocarbons up
to 50,000 mg/kg exist on both Elizabeth Road and Clara Lee Road. The
Department finds this to be a violation of both the facility's Special Use
Permit and the Solid Waste Disposal Sites and Facilities Act, Title 30,
Article 20, Part 1. These soils must be removed or remediated.
2) The owner/operator of the facility is $211,250.00 in arrears to the
County. These fees are required by Ordinance 164-A. The facility must
forward payment of the above sum to the Weld County Comptroller or make
appropriate arrangements for payment.
It is our understanding that the facility and
complying with the Order as of the date of
Department intends to request continuance of all
2, 1995 hearing, with the exception of the above two (2) items, until February
21, 1996. This will allow for all remedial activities to be completed at the
site, and hopefully, all reclamation activities. However, because the above two
the two other respondents are
this letter. Therefore, our
violations heard at the August
Richard D. Judd
July 27, 1995
Page 2
(2) issues are not a part of the Order the Department is requesting that they be
heard in front of the Weld County Commissioners as previously scheduled.
If you have any questions, please call Trevor Jiricek at (970) 353-0675,
extension 2232, or Lee Morrison at (970) 356-4000, extension 4395.
Sincerely,
Keith Schuett
Current Planner II
tj\212
cc: Lee Morrison, Assistant Weld County Attorney
Trevor Jiricek, W.C. Health Department
Claude Hanes, W.C. Comptroller
Steve Laudeman, Colorado Department of Public Health & Environment
Howard Duckworth, Weld County Waste Disposal
Corbin Darling, Environmental Protection Agency
,41:1Err MEMORANDUM
Wi`C TO: Board of County Commissioners August 2, 1995
COLORADO From: Keith A. Schuett, Current Planner II
SUBJECT: ZCH-102, SUP -454 Located in part of the Northwest 1%, of
Section 12, Township 1 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
This Probable Cause Hearing was continued from May 17, 1995. The technical issues for this
case are being pursued by the EPA and the Weld County Health Department is able to update
the Board of County Commissioners on the progress that has been made.
The other issues the EPA do not address are as follows:
1. The land application of waste on an area south of the facility known as the Martin
property. This is a violation of Standard Number 1, 4, and 14.
2. The owner/operator of the facility is $211,250.00 in arrears to the county in fees
required by ordinance 164-A.
Representatives from the Weld County Health Department and the State Health Department can
address the issues of the martin property.
Claud Hanes is available to provide information on the fees.
Roy Romer, Governor
Patti Shwayder, Acting Executive Director
Dedicated to protecting and improving the health and environinent otlhe people'of Colorado
HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION
4300 Cherry Greek Dr. S. 222 S. 6th Street, Room 432
Denver, Colorado 80222-1530 Grand Junction, Colo do 84501-2768.
Phone (303) 692-3300 Phone (303) 248-7164
Fax (303) 759-5355 Fax (303) 248-7198
July 31, 1995
Mr. Kent Dreher
17601 Weld County Road 10
Brighton, Colorado 80601
rSTATE OF COLORADO
?LigO l
‘T;r0 S� e,®13.1411 :a„ col' lil' Department
lic Health
an 'ronment
Mr. Bill Buxton
4345 Elizabeth Street
Brighton, Colorado 80601
RE: Petroleum Contamination on Clara Lee and Elizabeth Roads
Section 12, Township 1 North, Range 66 West
Weld County, Colorado
Dear Mr. Dreher and Mr. Buxton:
In my letter of July 25, 1995 to Mr. John Martin, I referenced a letter from Mr. Dennis
Elrod. Mr. Elrod's letter stated in part that it was his opinion that no further remediation
of the petroleum contamination on the referenced roads was necessary. My response letter
took issue with some of Mr. Elrod's statements.
In order to provide you a more complete picture of the situation, I am enclosing a copy of
Mr. Elrod's letter, as well as a copy of Groundwater Technology, Inc.'s November 11, 1994
letter regarding sampling of the referenced soils. I hope you find this additional information
useful, and I apologize for not providing it with my earlier correspondence.
If you have any questions or need any further information, please feel free to contact me
at (303) 692-3462.
Sincerely,
StephLn Laudeman, P.E.
Geological Engineer
Solid Waste Section
Hazardous Materials and Waste Management Division
enclosures
cc:
Dennis Elrod, Elrod & Associates, 1430 Monaco Parkway, Denver, Colorado 80220,
w/o enclosure
Trevor Jiricek, Weld County Health Department, w/o enclosure
Keith Schuett, Weld County Planning Department, w/o enclosure
William H. Childs, 5564 West Rowland Place, Littleton, CO 80123, w/o enclosure
File: SW/WLD/MAR/1A
STATE OF COLORADO
Roy Romer, Governor
Patti Shwayder, Acting Executive Director
Dedicated to protecting and improving the health and environment o( the people of Colorado
HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION
4300 Cherry Creek Dr. S.
Denver, Colorado 80222-1530
Phone (303) 692-3300
Fax (303) 759-5355
July 25, 1995
222 S. 6th Street, Room 232
Grand Junction, Colorado 81501-2768
Phone (303) 248-7164
Fax (303) 248-7198
Mr. John Martin
Martin Brothers Partnership
147 South Denver Avenue
Fort Lupton, Colorado 80261
RE: Petroleum Contamination on Clara Lee and Elizabeth Roads
Section 12, Township 1 North, Range 66 West
Weld County, Colorado
Dear Mr. Martin:
The Solid Waste Section of the Hazardous Materials and Waste Management Division (the
Division) has received and reviewed a copy of the July 5, 1995 letter from Mr. Dennis Elrod
of Elrod & Associates to you regarding petroleum contamination on Clara Lee Road and
Elizabeth Road in Weld County near Fort Lupton. This letter was provided to us via
facsimile by Trevor Jiricek of the Weld County Health Department on July 18, 1995.
The Division is very concerned with remediation of this situation, and we view the high
levels of hydrocarbon contamination in a residential area as a potentially significant threat
to human health and the environment. Under the Solid Waste Act (Colorado Revised
Statutes 30-20-100, et seq.), the waste oil sludge accepted for placement on the referenced
roads is considered a solid waste, and acceptance of a waste for disposal is not permitted
without the proper state and county approvals in place.
The statement in Mr. Elrod's letter that the waste oil deposited on Clara Lee and Elizabeth
is "similar to other oil approved elsewhere for dust control" is of concern as well. As stated
in the Colorado Hazardous Waste Regulations, the use of used oil in Colorado for dust
suppression is strictly prohibited (6 Colorado Code of Regulations 1007-3 Section 279.12
(b)). If Mr. Elrod is aware of situations in which a State agency or any other entity has
approved the use of waste oil for dust suppression, Division staff would be interested in
talking with the parties involved.
I feel that Mr. Elrod's statement that there is a "lack of indication of any toxicity in the low
traces of petroleum hydrocarbons remaining" at the site requires some clarification. If it can
be shown through accepted risk assessment methods that the contaminated soil will not pose
a risk to health or the environment, we would certainly be interested in reviewing such
information. With no other information available, standard practice would be to remove
all petroleum contamination to a level of 100 parts per million (ppm) Total Petroleum
Hydrocarbons (TPH). The contamination in place currently, according to Groundwater
Mr. John Martin
July 25, 1995
Page 2
Technology, Inc.'s November 11, 1994 letter, is orders of magnitude greater than this clean
up level.
In order to address our concerns regarding this situation, we request that Martin Brothers
Partnership develop a plan to remove the contamination still remaining on Elizabeth and
Clara Lee Roads. Alternatively, you may provide information on the potential risks involved
with leaving the material in place. You should be aware, however, that we will review a risk
assessment very critically, due to the residential land use in the immediate area. In an
attempt to resolve this situation as soon as possible, it is requested that you prepare and
submit your proposed course of action within thirty (30) days of the receipt of this letter.
Thank you for your attention to this matter. If you have any questions, please contact me
at (303) 692-3462.
Sincere]
Stepht5 Lau lEman, P.E.
Geological Engineer
Solid Waste Section
Hazardous Materials and Waste Management Division
cc: Dennis Elrod, Elrod & Associates, 1430 Monaco Parkway, Denver, Colorado 80220
Trevor Jiricek, Weld County Health Department
Keith Schuett, Weld County Planning Department
William H. Childs, 5564 West Rowland Place, Littleton, CO 80123
Kent Dreher, 17601 Weld County Road 10, Brighton, CO 80601
Bill Buxton, 4345 Elizabeth Street, Brighton, CO 80601
File: SW/WLD/MAR/ LA
STATE OF COLORADO
Roy Romer, Governor
Patti Shwayder, Acting Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION
4300 Cherry Creek Dr. 5. 222 S. 6th Street, Room 232
Denver, Colorado 80222-1530 Grand Junction, Colorado 81 501-2 768
Phone (303) 692-3300 Phone (303) 248-7164
Fax (303) 759-5355 Fax (303) 248-7198
August 1, 1995
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Mr. William H. Childs
5564 West Rowland Place
Littleton, Colorado 80123
RE: Petroleum Contamination on Clara Lee and Elizabeth Roads
Section 12, Township 1 North, Range 66 West
Weld County, Colorado
Dear Mr. Childs:
As we discussed during our telephone conversation of July 31, 1995, I have further
researched this agency's position regarding health risks associated with the petroleum
contaminated soils at the referenced location. Your primary concern was that, in our letter
of July 25, 1995, we were requesting remediation of a situation that may not pose a threat
to human health or the environment. In addition, you felt that the remediation level of 100
ppm TPH cited was arbitrary and you requested a justification for this number.
My research of this issue indicates that you are, in part, correct in your assertion that the
remediation level of 100 ppm is not based entirely on actual toxicological data. Discussions
with other members of our staff suggest that this standard was developed primarily on what
standards other states had developed at that time.
Apparently, the advantage of the TPH test is that it covers a wide range of hydrocarbons,
some of which may pose significant health risks, and it is a readily available and inexpensive
analysis. To ascertain the actual risk associated with a given contaminated area would
require analysis of the soil for potentially several hundred petroleum chemicals, at a great
expense to the owner. Four of these chemicals -- benzene, toluene, ethylbenzene, and
xylene (commonly referred to as BTEX) -- were tested for by Groundwater Technology, Inc.,
and in most samples were found to be below the detection limits of the analytical method
used.
There is the potential that petroleum contaminants other than BTEX may be present,
particularly polynuclear aromatic hydrocarbons or PAHs, some of which can be toxic even
at very low concentrations. Because of this, the only apparent alternative to testing for TPH
is to resample the impacted area and analyze for individual contaminants of concern. While
this sampling would present a potentially significant cost for the property owners, it would
indicate more precisely which particular contaminants are present and it would allow a more
accurate determination of the risk involved with leaving the material in place.
Mr. William H. Childs
August 1, 1995
Page 2
If you feel the owners may wish to pursue this additional sampling, we would be interested
in discussing which analytical methods should be used and sampling protocols that should
be followed. If this additional sampling were to take place, and if it could be adequately
shown that no potentially toxic chemicals are present, we would be more inclined to agree
with your contention that no further work is necessary at the site.
Without additional sampling as discussed here, we would continue to view the target
concentration of 100 ppm TPH as the preferred remediation level, with excavation of the
soil as the preferred means of removal.
If you have any questions or need any further information, please feel free to contact me
at (303) 692-3462.
Sincerely,
7
StepheIaudeman, P.E.
Geological Engineer
Solid Waste Section
Hazardous Materials and Waste Management Division
cc: John Martin, Martin Brothers Partnership
Dennis Elrod, Elrod & Associates, 1430 Monaco Parkway, Denver, CO 80220
Trevor Jiricek, Weld County Health Department
Keith Schuett, Weld County Planning Department
Richard D. Judd, P.C.
Kent Dreher, 17601 Weld County Road 10, Brighton, Colorado 80601
Bill Buxton, 4345 Elizabeth Street, Brighton, Colorado 80601
File: SW/WLD/MAR/1A
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