HomeMy WebLinkAbout970357.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 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.
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 25, 1998, at
9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of February, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COL�aRADO
ATTEST Cal G% Z & e-
•
*`" .� �. -George . Baxter, Chair
We . o y r: = th oard
TT'a ��I`�d.CYf/i ///
n a ` ' �I�� Constance L. Harbert, ro-Tem
B A A���s iha..d, _..ii".S
�i p e iv" ard FXCLISFf) I-ATP OF SIC;NINn (AYF)
11‘,. r 7 v° Dale K. Hall
APPRI ,ariRM:
FXCLISFm) IIATF OF SICNINC, (AYF).
leBarbara J. Kirkmeyer
..may Attorne "L / � 1Q��I.� /Q
W. H. ebster
970357
PL0447
170';114; mEmoRAnDum
To W.C. Board of County Commissitslirtys Febru n 21, 1997
COLORADO � q��
From Trevor Jiricek, W.C. Health Department"
Subject:
Weld County Waste Disposal, Hearing of February 26, 1997
Our Department has recommended that the Planning Department request 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. It should be noted that following the issuance of the Order, the facility
owner Howard Duckworth, advised the E.P.A., HSR, and Amoco, that he does not
have any financial resources to assist in the implementation of the Order and the
subsequent cleanup activities.
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.
970357
Pf.o477
Weld County Waste Disposal
February 21, 1997
Page 2
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 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. Additional characterization is
scheduled to be conducted this fall.
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 have submitted a draft site characterization plan.
The document is currently in the final stages of review by the Agencies. The
respondents will begin to implement the plan late this spring.
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
Weld County Waste Disposal
February 21, 1997
Page 3
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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