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HomeMy WebLinkAbout962276.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED SPECIAL REVIEW PERMIT#972 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 - LAIDLAW WASTE SYSTEMS (COLORADO), INC. 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, the Board of County Commissioners held a public hearing on the 18th day of December, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Laidlaw Waste Systems (Colorado), Inc., for a Site Specific Development Plan and Second Amended Special Review Permit#972 for the addition of composting and recycling facilities, perimeter berm, relocation of sediment basin, and revision to Cell C for an existing solid waste disposal site, on the following described real estate, to-wit: Part of Section 29, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Fred Otis, Attorney, at said hearing, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved 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. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance 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. 962276 (?z : Pt"/1L)P6D;LtLd/olio-; O}/s PL0415 SECOND AMENDED USR#972 - LAIDLAW WASTE SYSTEMS (COLORADO), INC. PAGE 2 Under Amended USR#972, the facility is subject to compliance with nine (9) Conditions of Approval and thirty-eight (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 Second Amended 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 Second Amended Special Review Permit. 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. 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 one-half 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 Second Amended Special Review Permit further address safety and health issues. 962276 PL0415 SECOND AMENDED USR#972 - LAIDLAW WASTE SYSTEMS (COLORADO), INC. PAGE 3 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 within the Overlay District Areas identified by maps officially adopted by Weld County. The site is located in the Geological Hazard Overlay District. The Second 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, 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 Second Amended Special Review Permit safeguard the health and welfare of the surrounding area and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Laidlaw Waste Systems (Colorado), Inc., for a Site Specific Development Plan and Second Amended Special Review Permit#972 for the addition of composting and recycling facilities, perimeter berm, relocation of sediment basin, and revision to Cell C for an existing solid waste disposal site on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Second Amended Special Review Permit shall be adopted and placed on the Second 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. 2. The Second Amended Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Second 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 Amended USR#972 until such Second Amended Special Review Permit plat is recorded. 962276 PL0415 SECOND AMENDED USR#972 - LAIDLAW WASTE SYSTEMS (COLORADO), INC. PAGE 4 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 Second Amended Special Review Permit. 4. The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division, and the 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D., 1996. BOARD OF COUNTY COMMISSIONERS J J� WELD COUNTY, COLORADO A ST . „„{ y 4,7/ FXCl1SFf) r)ATF (lF SIfNINf; (AYF). • >M i ,/V 6411. -r".Cn Barbar J. Kirkmeyer Chair W d CpUnty Clerk to the oard yr ccd Georg�E. Baxter Pr -Te � BY: . De u ' jerk a Board , 1)1 � ai,+`�1 O Dale K. Hall APP AS TO • /24 7;/...-2_4-a-- Constance L. Harbert ou tyfi Att/�—orne FxcuSFn W. H. Webster 962276 PL0415 SITE SPECIFIC DEVELOPMENT PLAN SECOND AMENDED SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LAIDLAW WASTE SYSTEMS (COLORADO), INC. SECONDED AMENDED USR#972 1. The Site Specific Development Plan, Second 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 and subject to the Development Standards stated herein. 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. 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. 962276 PL0415 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO), INC. (SECOND AMENDED USR#972) 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 Second 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. 962276 PL0415 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO), INC. (SECOND AMENDED USR #972) PAGE 3 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. 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 Second 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 #54. 16. The Second 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 regulations and the Weld County Building Code Ordinance. 19. The owner and/or operator shall comply with any agreement for road maintenance contributions approved by the Board of County Commissioners. 962276 PL0415 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO), INC. (SECOND AMENDED USR#972) PAGE 4 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 the 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. 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 #54. 962276 PL0415 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO), INC. (SECOND AMENDED USR#972) PAGE 5 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. 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 the 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 units 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. 962276 PL0415 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO), INC. (SECOND AMENDED USR#972) PAGE 6 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 four (4) feet in width and three (3) feet in height. The sign shall state: a. Name of operator; 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 Amended Certificate of Designation and Second Amended 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. 962276 PL0415 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO), INC. (SECOND AMENDED USR #972) PAGE 7 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 sad 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. 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. 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. 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. 962276 PL0415 DEVELOPMENT STANDARDS - LAIDLAW WASTE SYSTEMS (COLORADO), INC. (SECOND AMENDED USR#972) PAGE 8 54. The Second Amended Special Review area shall be limited to the plans shown herein 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. 962276 PL0415 Hello