HomeMy WebLinkAbout962357.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Marie Koolstra,that the following resolution with changes to Conditions of Approval#7,
Development Standard#49 and subsequent renumbering be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: 2nd Amended USR-972
NAME: Laidlaw Waste Systems (Colorado) Inc. -�
ADDRESS: P.O. Box 320, Erie, CO 80516
PLANNER: Gloria Dunn
REQUEST: A Site Specific Development Plan,2nd Amended Special Review permit and amended Certificate -
of Designation for addition of composting and recycling facilities, perimeter berm, relocation of
sediment basin and revision to Cell C for an existing solid waste disposal site
LEGAL DESCRIPTION: Part of Section 29,T1 N, R68W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to Weld County Road 6;west of Weld County Road 5.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 24.7 of the
Weld County Zoning Ordinance, as amended.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Sections 24.3
and 45.4 of the Weld County Zoning Ordinance, as amended, as follows:
a. Section 24.3.1.1 --That the proposal is consistent with the Weld County Comprehensive Plan.
This proposal is consistent with Environmental Quality goal 3 which states, "solid waste facilities
shall be planned, located, designed and operated so that they are compatible with surrounding
land uses in terms of: general use, scale, height,traffic, dust, noise, and visual pollution."The
property has been permitted for use as a solid waste disposal site since 1979 and does appear
to meet the standards of goal 3. Environmental Quality policy 9 states that operational and
reclamation plans for solid waste disposal facilities shall be subject to conditions imposed by the
County to minimize or eliminate potential adverse impact of the operation on surrounding
properties. Under amended USR-972, the facility is subject to compliance with nine (9)
conditions of approval and 38 development standards.
This proposal is consistent with Urban Growth Boundary Policy 2 which states, " land use
development proposals within an urban growth boundary area will be determined according to
the procedure set forth in an intergovernmental agreement between the County and the
municipality." An intergovernmental agreement regarding solid waste disposal sites has been
established between Weld County and the Town of Erie. In accordance with the Agreement,the
Town has reviewed the Special Review request,and presented comments to staff. The applicant
has provided a written response addressing the Town of Erie's concerns. The State and County
Health Departments have examined the proposed amendments to the existing facility; their
recommendations have been incorporated in the conditions of approval and development
standards associated with the amended Special Review permit.
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RESOLUTION, 2nd Amended USR-972
Laidlaw Waste Systems (Colorado) Inc.
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b. Section 24.3.1.2--That the proposal is consistent with the intent of the district in which the use
is located. The proposal is consistent with the intent of the Agricultural zone district and is
provided for as a Use by Special Review under Section 31.4.9 of the Weld County Zoning
Ordinance,as amended. Agricultural goal 2 does "allow commercial and industrial uses which
are directly related to agriculture to locate within Agricultural zoning when the impact to
surrounding properties is minimal, and where adequate services and infrastructure are
available."
c. Section 24.3.1.3 --That the uses which would be permitted will be compatible with the existing
land uses. The existing, approved landfill on this 300-acre site is well kept and appears to be
compatible with the immediate surrounding area,which consists of open agricultural ground, an
existing landfill,two reclaimed landfills and oil and gas uses. Neighboring residences, located
south and southwest, are 1/2 mile or more from the site.
d. Section 24.3.1.4 -- That the uses which would be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with future
development as projected by the comprehensive plan or master plans of affected municipalities.
The Town of Erie has annexed land to the north and west boundaries of this property. Future
residential development to the west has been considered by the applicant in its proposal to fence
the sediment control structure and compost pad while under construction. Conditions of
approval and development standards associated with the amended Special Review permit
further address safety and health issues.
e. Section 24.3.1.5 -- That the application complies with the Weld County Zoning Ordinance,
Section 50, Overlay District Regulations if the proposal is located with the Overlay District Areas
identified by maps officially adopted by Weld County. The site is located in the Geological
Hazard Overlay District. Amended Special Review permit development standard#32 addresses
compliance with overlay district requirements.
f. Section 24.3.1.6--That if the use is proposed to be located in the A(Agricultural) zone district,
that the applicant has demonstrated a diligent effort has been made to conserve productive
agricultural land in the locational decision for the proposed use. The landfill facility is an existing
use; the areas included in the proposal for amendment are presently not used for agricultural
production.
g. Section 24.3.1.7--That there is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and county. Conditions of approval and
development standards associated with this amended Special Review permit safeguard the
health and welfare of the surrounding area and the County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. The attached Development Standards for the amended Special Review permit shall be adopted and
placed on the amended Special Review plat prior to recording the plat. The plat shall be delivered to
the Department of Planning Services and be ready for recording in the Weld County Clerk and
Recorder's Office within 15 days of approval by the Board of County Commissioners.
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RESOLUTION, 2nd Amended USR-972
Laidlaw Waste Systems (Colorado) Inc.
Page 3
2. The amended Special Review activity shall not occur nor shall any building or electrical permits be
issued on the property until the amended Special Review plat is ready to be recorded in the Office of
the Weld County Clerk and Recorder. Nothing in this paragraph shall prohibit the applicant from
continuing operations under the terms and conditions of the existing Am USR-972 until such 2nd
amended Special Review permit plat is recorded.
3. Prior to recording the plat:
a. the applicant shall submit a letter that identifies and reaffirms all existing agreements, conditions
of approval and development standards.
b. the plat shall be amended to include the legal description for the property and a second mylar
page shall be added to include the approved development standards for the amended Special
Review permit.
4. Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management
Division and Weld County Environmental Protection Services Division shall be kept apprised of fault
location conditions discovered during excavation. Permeability evaluation of the fault and/or additional
monitoring may be required.
5. Prior to commencing with landfilling in the lined portion of any cell, a certification report shall be
submitted for approval to the Colorado Department of Public Health and Environment, Hazardous
Materials and Waste Management Division, and the Weld County Environmental Protection Services
Division. The report shall provide written evidence that the quality assurance plan was implemented
and the construction was performed in conformance with the design criteria, the project plans and
specifications.
6. Prior to filling any drainage, the applicant shall obtain written approval from the U.S. Army Corps of
Engineers. A copy of the documentation shall be provided to the Weld County Health Department.
Motion seconded by Cristie Nicklas.
VOTE:
For Passage Against Passage
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Shirley Camenisch
Arlan Marrs
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RESOLUTION, 2nd Amended USR-972
Laidlaw Waste Systems (Colorado) Inc.
Page 4
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Jill Boshinski, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 19, 1996.
Dated the 19th of November, 1996.
(a;It goak;nde....4_,
oshinski
Secretary
962357
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
2nd Am USR-972
Laidlaw Waste Systems (Colorado) Inc.
1. The Site Specific Development Plan, 2nd amended Special Review permit and amended Certificate of
Designation are for additions of composting and recycling facilities, perimeter berm, relocation of
sediment basin and revision to Cell C for an existing solid waste disposal site in the A(Agricultural) zone
district, as submitted in the application materials on file in the Department of Planning Services and
subject to the Development Standards stated hereon. The facility was permitted under SUP-400 and
twice amended under USR-972.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance.
3. The applicant and/or operator shall be responsible for constructing and operating in compliance with
minimum standards pertaining to the Colorado Solid Waste Disposal Sites and Facilities Act and
applicable Federal Laws.
4. The solid waste disposal site is allowed to operate from 5:00 a.m.to 9:30 p.m., seven days per week,
except in certain emergency situations as approved by the Weld County Environmental Protection
Services Division.
5. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance, as amended.
6. Only non-hazardous and non-radioactive household, industrial and commercial solid waste, approved
by the Colorado Department of Public Health and Environment and Weld County Environmental
Protection Services Division,shall be accepted. No liquid waste of any nature, as defined by the State
of Colorado or Environmental Protection Services Agency, shall be accepted.
7. A manager, knowledgeable in operating a solid waste disposal site and facility, shall be on the site at
all times the facility is operating. An up-to-date list of all managers shall be provided to Weld County
Environmental Protection Services Division.
8. The maximum size of the working face of the disposal site shall not exceed 150 feet in width and 14 feet
in vertical depth at any time.
9. All waste received at the disposal site shall be inspected to ensure appropriate wastes are being
disposed of at the facility. The access control plan, approved by the Colorado Department of Public
Health and Environment and the Weld County Environmental Protection Services Division, shall be
maintained.
10. There shall be a single point of ingress and egress to the disposal site. The approved off-site
maintenance and improvement agreement shall identify the haul route. Weld County Road 7 shall not
be used as a haul route. The southern haul route shall be from State Highway 7 along Weld County
Road 5. The northern haul route shall be from State Highway 52 along Weld County Road 5.
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DEVELOPMENT STANDARDS, 2nd Am USR-972
Laidlaw Waste Systems (Colorado) Inc.
Page 2
11. The disposal site shall be operated in a manner which protects against surface and groundwater
contamination. The facility operator shall implement the groundwater monitoring plan approved by the
Colorado Department of Public Health and Environment and the Weld County Environmental Services
Division. The analytical method and statistical evaluation of groundwater monitoring data shall comply
with the Regulations Pertaining to Solid Waste Disposal Sites and Facilities contained in the Colorado
Code of Regulations,6 CCR 1007-2. Carbonate and cation-anion balance shall be included as part of
the groundwater monitoring program.
The applicant shall also analyze leachate for the following parameters: total organic halides,
biochemical oxygen demand total petroleum hydrocarbons,total phenols, pH and specific conductivity.
These are a minimum. The operator may choose to do a more detailed analysis.
12. Any changes or updates to the groundwater monitoring plan or specific groundwater monitoring plan
shall be made by the facility operator when requested in writing by the Weld County Environmental
Protection Services Division or Colorado Department of Public Health and Environment. A copy of any
request for change shall be forwarded to the Department of Planning Services'staff for review.
13. The disposal site shall be operated in a manner to control blowing debris at all times. Operation during
windy periods shall be conducted in a manner that controls blowing debris. The working face will be
closed to disposal when high-wind warning conditions exist, as defined in the Regulations Pertaining
to Solid Waste Disposal Sites and Facilities contained in the Colorado Code of Regulations, 6 CCR
1007-2.
The following operation measures shall be employed to control blowing or illegally dumped debris:
a. Any debris found outside the working face shall be picked up within 24 hours.
b. The following shall be patrolled daily by facility staff to pick up all debris and return it to the
working face:
1) The fence along the perimeter of the amended Special Review permit area;
2) Weld County Road 5 between State Highway 7 and State Highway 52;
3) Weld County Road 6 between Weld County Roads 5 and 7;
4) State Highway 7 between Weld County Roads 5 and 7.
c. The manager of the disposal site shall respond to requests for picking up debris within 24 hours
of notification by Weld County Environmental Protection Services Division personnel.
d. A minimum six (6)-inch solid cover or other cover alternative approved by the Colorado
Department of Public Health and Environment and the Weld County Environmental Protection
Services Division shall be applied daily to control the size of the working face. Cover shall be
placed on debris as soon as possible on days when wind is a noticeable problem.
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DEVELOPMENT STANDARDS, 2nd Am USR-972
Laidlaw Waste Systems (Colorado) Inc.
Page 3
e. The working face shall be enclosed on the downwind side(s)with a minimum 12-foot litter screen
while accepting waste. An eight (8)-foot litter and access-control fence shall be maintained
around the amended Special Review permit area.
f. During windy periods which have not reached the threshold to be defined as high-wind warning
conditions,the size of the working face shall be reduced to a size that eliminates debris escaping
the screen.
g. The size of the working face shall be reduced to 100 feet in width while accepting waste after
dark.
14. In accordance with Section 3.1.1 of the Regulations Pertaining to Solid Waste Disposal Sites and
Facilities, this facility shall not pose a bird hazard to aircraft. The facility must be operated in
accordance with the Final Report Bird Strike Hazard Study, dated September, 1993.
15. The disposal site shall be operated in a manner to control fugitive dust on the site at all times. The
facility operator shall implement the plan for controlling fugitive dust, as approved by the Weld County
Environmental Protection Services Division. The facility shall have sufficient equipment available to
implement the dust control. Any changes or updates to the plan for controlling fugitive dust shall be
made by the facility operator when required in writing by representatives of Weld County. A copy of any
request for change shall be forwarded to the Department of Planning Services' staff for review according
to Development Standard#53.
16. The amended Special Review permit disposal site and facility shall be operated in compliance with any
required Air Emissions permit, as required, and approved by the Air Pollution Control Division of the
Colorado Department of Public Health and Environment.
17. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as measured
according to Section 25-12-102, C.R.S.
18. Adequate toilet facilities,served by an individual sewage disposal system, are required for the disposal
site. The facilities shall be installed in accordance with the Weld County Individual Sewage Disposal
and Building Code Regulations.
19. The owner and/or operator shall comply with any agreement for road maintenance
contributions approved by the Board of County Commissioners.
20. The owner and/or operator shall maintain an adequate water supply for the disposal site, maintenance
of the soil stockpiles and all haul roads. The source of water for construction, operation, drinking and
sanitary facilities shall be approved by representatives of Weld County Environmental Protection
Services Division and the Colorado Division of Water Resources.
21. The disposal site shall be operated in compliance with the applicable regulations of the Federal Aviation
Administration.
22. The disposal site shall be operated in compliance with the requirements of the Mountain View Fire
Protection District. Plans for any additional buildings to be constructed on the site shall be submitted
to the Fire District prior to commencing construction.
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DEVELOPMENT STANDARDS, 2nd Am USR-972
Laidlaw Waste Systems (Colorado) Inc.
Page 4
23. The applicant shall remove, handle and stockpile overburden, soil, sand, gravel and associated
materials from the disposal site in a manner that will prevent nuisance conditions. The facility operator
shall comply with the reclamation plan approved by the Boulder Valley Soil Conservation District.
24. The disposal site shall continue to be subject to the terms of Weld County Ordinance No. 164 as it exists
or as it may be amended.
25. The owner and/or operator shall be responsible for maintaining the approved screening and
landscaping plan.
26. Two metal signs shall be posted at the customer entrance to the disposal site. The first sign shall state:
"ALL UNCOVERED LOADS SHALL BE CHARGED TWICE THE NORMAL FEE". The second sign
shall state: "ABSOLUTELY NO HAZARDOUS MATERIALS, TOXIC SUBSTANCES, SEPTIC OR
LIQUID SLUDGE ACCEPTED".
27. The owner and/or operator shall keep the following records at the disposal site to be available for
County and State review at any reasonable time:
a. Quarterly operations inspection reports completed by the Weld County Environmental Protection
Services Division;
b. Results of wind, methane and water quality monitoring;
c. Liner certification reports;
d. Any special waste accepted at this facility.
28. The solid waste disposal site and facility plan and monitoring programs are subject to revisions pending
the receipt of pertinent data and/or changing site conditions. All requests for revision shall be submitted
in writing to the Department of Planning Services' staff for review, in accordance with Development
Standard#53.
29. Lighting provided for security operation on the site shall be designed so that the lighting will not
adversely affect surrounding property owners.
30. All phases of the operation must conform to Title 30, Article 20, Part 1, C.R.S., as amended, and
regulations promulgated thereunder,for Solid Waste Disposal Sites and Facilities, and Subtitle D of the
Resource Conservation and Recovery Act.
31. There shall be no discharge of wastes into any stream, other bodies of water or adjacent drainage
systems without obtaining a National Pollution Discharge Elimination System permit from the Colorado
Department of Public Health and Environment. This development standard shall be deemed satisfied
as determined by the Colorado Department of Public Health and Environment.
32. The property shall be maintained in compliance with the Geologic Hazard Overlay District requirements.
33. The disposal site shall be operated in compliance with all local, County, State and Federal regulations.
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DEVELOPMENT STANDARDS, 2nd Am USR-972
Laidlaw Waste Systems (Colorado) Inc.
Page 5
34. Soil stockpiles which remain out of use for a period greater than seven (7) months shall be stabilized
by revegetation. The stockpiles shall be revegetated as soon as possible after establishment.
35. The owner and/or operator shall obtain a stormwater discharge permit from the Colorado Department
of Public Health and Environment, Water Quality Control Division, for the soil storage site.
36. The Weld County Health Department, Weld County Department of Planning Services, and Colorado
Department of Public Health and Environment shall be notified in writing of any new materials (other
than green wastes,i.e.grass clippings,shrubbery trimmings, leaves, garden wastes, etc.) which will be
accepted for composting. Written approval to proceed with composting shall be obtained from the Weld
County Health Department and the Colorado Department of Public Health and Environment prior to
receipt of the new material. Submittal information shall include operational procedures and storage
procedures. All materials considered for composting shall meet current and future regulatory
requirements for that specific material. No dead animals shall be composted on site.
37. No stockpiling of raw,compostable materials shall be allowed on site. All raw, uncomposted materials
shall be placed in windrows or other processing unit within 48 hours upon receipt at the facility. This
is not intended to include bulking agents such as wood chips, etc.
38. Records shall be maintained which include the tonnage of raw materials received at the composting site
and the tonnage of finished materials removed from the site.
39. The owner and/or operator shall submit a fly control plan to the Weld County Health Department for
review and approval. The composting facility shall be operated in a manner to control flies. The fly
control plan shall be implemented at the request of the Weld County Health Department, in the event
that flies(which can be determined to be associated with the disposal site) are in such a number to be
considered a nuisance condition. The plan shall also be implemented, in the event the Weld County
Health Department receives a significant number of fly complaints (determined to be associated with
the disposal site) and, in the judgment of the Health Officer, there exists a fly condition requiring
abatement.
40. The owner and/or operator shall submit an odor control plan to the Weld County Health Department
for review and approval. The facility shall be operated in a manner which controls odor. Odors
detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured
pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. The odor abatement
plan shall be implemented at the request of the Weld County Health Department, in the event odor
levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold or, in
the judgment of the Weld County Health Officer,there exists an odor condition requiring abatement.
41. The previously submitted and approved fugitive dust control plan shall apply to the operation of the
composting site.
42. A metal sign shall be posted at the entrance to the composting facility. The sign shall be a minimum
of 4 (four) feet in width and 3 (three) feet in height. The sign shall state:
a. Name of operator;
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DEVELOPMENT STANDARDS, 2nd Am USR-972
Laidlaw Waste Systems (Colorado) Inc.
Page 6
b. Wastes accepted for composting;
c. Emergency phone numbers of the facility operator.
43. The disposal site shall comply with all materials submitted as a result of this Certificate of
Designation and Special Review permit.
44. As a form of vector control,the owner and/or operator shall be responsible for removing any
accumulated water in the compost perimeter channels within seven (7) working days,weather
permitting.
45. Settlement monuments shall be included in the construction of the perimeter berm and the adjacent
final cover. The intent of the monuments will be to monitor the relative movement of perimeter berm
and the final cover. Monuments shall be placed in pairs, one at the top of the containment wall and
one on the barrier layer of the final cover immediately above the inside toe of the perimeter berm.
Monuments shall be placed at a spacing of 500 feet along the length of the perimeter berm.
a. A plan for placement of the settlement monuments, including timing of placement,
location, design details and proposed frequency of surveying shall be provided to the Solid
Waste Division of the Colorado Department of Public Health and Environment and the Weld
County Health Department for review and approval prior to completion of the perimeter berm
for Cell B.
b. If operational and post-closure surveying of the settlement monuments indicate that
differential settlement between monument pairs results in tensile strain in the cover barrier
layer of greater than one (1) percent, further assessment and remediation, including
evaluation of the final cover barrier layer, may be required. Determination of actual required
measures will be based on overall site conditions at the time, should this situation develop.
46. In the area of final cover between the toe of the cover and the point immediately above the inside
toe of the perimeter berm,the barrier layer of the final cover must be constructed with a moisture
content at or above optimum moisture content, as determined by Standard Proctor. This
requirement is based upon information found in the"Design and Construction of RCRA/CERCLA
Final Covers" EPA/625/4-91/025.
47. The closure and post-closure security agreement shall be in place and a copy submitted to the
State of Colorado by April, 1997, pursuant to the State of Colorado Subtitle D Regulations. If
implementation of the closure and post-closure agreement is delayed by the State, a security
agreement shall be executed with Weld County or the Federal Environmental Protection Agency.
48. The internal road system shall be maintained as a gravel roadway which shall provide all-weather
access throughout the site. Gravel shall be replaced on the roadway as needed.
49. Security fencing shall be maintained around the perimeter of the solid waste disposal site, including
the sediment basin and composting facility.
50. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
DEVELOPMENT STANDARDS, 2nd Am USR-972
Laidlaw Waste Systems (Colorado) Inc.
Page 7
51. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance, as amended.
52. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance, as amended.
53. Personnel from the Weld County Environmental Protection Services Division, the Colorado
Department of Public Health and Environment and the 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 herein and all
applicable Weld County Regulations.
54. The amended 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.
55. 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 of the Permit by the Board of County Commissioners.
962357
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