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HomeMy WebLinkAbout991364.tiff RESOLUTION RE: AUTHORIZATION TO PROCEED WITH LEGAL ACTION AGAINST CLIFFORD DYER FOR VIOLATION OF CEASE AND DESIST ORDER ISSUED BY THE WELD COUNTY HEALTH OFFICER 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, Clifford Dyer, 6086 West 10th Street, Greeley, Colorado 80634, is allegedly in violation of a Cease and Desist Order dated November 23, 1998, as a result of his failure to complete the work in accordance with I.S.D.S. Permit#SP-9900006, and WHEREAS, despite efforts by the Weld County Department of Public Health and Environment staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 7th day of June, 1999, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Clifford Dyer, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the 19th Judicial District Attorney's Office for legal action, or in the alternative if the District Attorney declines, the County Attorney, with an instruction for delay of action upon such referral until July 5, 1999, to allow adequate time for the property owner to bring the subject property into compliance and for an inspection of the property by the Weld County Department of Public Health and Environment staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said violation be, and hereby is, referred to the 19th Judicial District Attorney's Office for legal action against Clifford Dyer to remedy the violation of the Cease and Desist Order, dated November 23, 1998, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until July 5, 1999, to allow adequate time for the property owner to bring the subject property into compliance. Or : Ph., �^A , _Oyez, Ili- / PL0824 VIOLATION OF CEASE AND DESIST ORDER - CLIFFORD DYER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D., 1999. BOARD OF COUNTY COMMISSIONERS ,-�` I COUNTYY,CeLO' •DO ATTEST: L��""id /V "C.' j .j /�it/.�.-J #� dr; ,`ale K. Hall, Chair Weld County Clerk to the ii" 5' jfe!JP.. g��� 3 CUSED , �i 'f i e ,�� rbar J. Kirkmeyer, Pro-Tern BY: TKI/� - >I .�J, 1/4-0,75e /// 2 Deputy Clerk to the Boa, (/ � / -4ie00 g ter PPRO ' P(TO FORM: idel `/� . J. eile • Attorney�1 {2lhG 4/3Glenn Va 991364 PL0824 WELD COUNTY ATTORNEY'S OFFICE *de 4" PHONE: (970) 356-4000, EXT. 4391 FAX: 352-0242 915 TENTH STREET P.O. BOX 1948 May 28, 1999 IGREELEY, COLORADO 80632 C: COLORADO Robert E. Ray 1122 9th Street, #202 Greeley, CO 80631 Dear Bob: This is to advise you that this office has prepared a draft complaint for a civil action which will name Mr. Clifford Dyer and any other appropriate parties as defendants as a result of Mr Dyer's failure to complete work in accordance with ISDS permit#SP-9900006 for the treatment of floor drain wastes. Mr Dyer was ordered November 23, 1998 to: "cease and desist from the use of the structures at 6310 West 10th Street, Greeley, Colorado, in the NW ''A of§10,T5N R66W of the 6th PM, Weld County, Colorado for any form of human habitation unless and until the structures are connected to and being serviced by an individual sewage disposal system designed, approved and installed in accordance with the Weld County Individual Sewage Disposal System Regulations or connected to community sewer system." The Order was stayed to allow Mr. Dyer to obtain necessary permits and install the systems or connect to public sewer. He, in fact completed a companion permit#SP-9800602 to the Weld County Department of Health and Environment's satisfaction but has not met the requirements of permit#SP-9900006 and is continuing to use or allow the use of a floor drain system in violation of the Cease and Desist Order and contrary to the permit, with conditions, he sought and obtained for the vault system for the floor drain described in a letter of 2/5/99. (Attached) The floor drain in question apparently serves only one of the units which I understand to be an auto-body shop. The steps identified to me by WCDPHE as necessary for Mr. Dyer to final the permit: #SP- 9900006 are as follows: Provide information signed by his registered professional engineer regarding the floor drain system. Mr. Dyer's most recent sketch indicates that the old septic tank will be used. Provide information showing a positive pressure test on the tank to assure that the tank will contain the waste within the system. 991364 Robert Ray, Letter May 28, 1999 Page 2. Provide information about the pretreatment filter system including what type of treatment it is designed to offer and any required maintenance. Mr. Dyer has indicated that the waste will be disposed of through the old septic system. Pat Martinek, CDPHE (in her previous letter and again in a phone conversation) has indicated that this will not be acceptable and we will therefore need information on the method of disposal. This will include a contract for the removal of the waste from the site by a licensed, reputable transporter. Provide a management plan for the facility including a protocol for implementation of the disposal system. June 7, 1999 at 9:00 a.m. at the regularly scheduled meeting of the Weld County Board of County Commissioners in the Centennial Center Meeting Room, 915 10th Street. Greeley, Colorado, authorization will be sought to file a complaint for the relief described herein. Should it become necessary to proceed with the legal action,the Court will be requested to enforce the Cease and Desist Order and enjoin the use of any portion of the structure using the floor drain system based upon inter alia, the Cease and Desist Order, § 25-12-112(6) General Prohibitions, and § 16-13-305. Class 3 public nuisance. Violation of an Order under the Public Nuisance Statue is punishable by contempt or by imposition of fines of up to $2,000 plus $500 per day of violation. Alternatively, civil penalties may be imposed administratively in the amount of$50 per day of violation pursuant to § 25-10-113 (2). Thank you for your continued cooperation in this matter Yours truly, Lee D. Morrison Assistant Weld County Attorney xc: WCDPHE Attachment M:\W PFILES\PLEADING\DYER\DYLET.WPD 04/27/1999 07:07 97035E4338 DYERCO FABRICATORS PAGE 01 i 0 li FAX COVER SHEET Clifford R.Oyer wee wpm 1 Oth Sheet Sawa(Ono 2) Garry, CO 80634 820-3524460 070-3564338 W -1111111111.11.1111111aa 1 ord Cams D epartm•nt From — Attrition Oro _ ______ •Miff Stoll once bation______. 0Moo mason Fax numbs,- num.* r , flopty ASAP { -I Moon mmonont rinse rads For your Wannolloft roes pages.including COS" a COMMENTS ----- .-- ea .._. _... Please see attached. lhankyou. ___ . ________ — _ Cre5PY p ertr,.k.- wfigivisvk , _ . _.... 04/27/1999 07: 07 9703564336 DYEP.CO FABRICATORS PAGE 02i07 APPROXIMATE ITEM QUAN7TI'Y USED DISPOSITION LIQUID TO DRAIN K-36 Primer 2-3 gal per month 25%of 30%solids None Rubbing Compound 2sanded,shop vac clean per year Shop vac clean up None Power clean detergent One gal per year Down drain as used In very dilute form Car wash liquid soap One gal per month Down drain as used In very dilute form Rondo body filler putty One gal per week Dries with chemical None reaction,most dust removed by shop vac Polishing Compound One gal per year Few drops on power None bufTer,dissipates as used Spot Putty 2-1/2 gal per year Dries with chemical None reaction, surface sanded Laundry Detergent Unknown Down drain with wash water Some sandings,dust,dirt, and tine sand flow by the sand traps resulting in an accumulation of approximately one gallon per month in the sump trap. Items are stored and prepared in a dry isolated room away drains. 04/27/1999 07:07 9703564338 DYERCO FABRICATORS PAGE 03/03 O a '` o -- Q r °C—HR-LH Cf) ,4 .. 4 W .a Le N ; -1 r h --- t— e c:C I Is.ssat 01 a y1:3 mal LC y ` Z , 1 s , — tk w 4 • ,r c W at , ,-u t i . I. 1 __ u\-1: 4 ....___ a ;It s. _-`-1 Q (: ZQ o e To: Lee Morrison Date: April 29, 1999 Assistant Weld County Attorney From: Connie O'Neill Subject: Cliff Dyer Cease and Desist Order This memo is an update on the status of the two systems at the Cliff Dyer property. The ISDS system serving the sanitary system has been finaled and a letter of certification from the engineer, Steve Wernsman, has been received. The system to serve the floor drain wastes coming from the shop areas has not been addressed, however. Earlier this week I spoke with Mr. Dyer regarding this system. He indicated that he had already installed filters on the system serving the floor drain wastes and that he was routing that into the old septic tank. I explained once again to Mr. Dyer that he did not have approval for that system and that in order for our department to move forward with the review we would need to receive information on the system. I also again explained that this would require a report from his engineer. I reviewed the information that was outlined in the conditional approval letter for the floor drain wastes dated February 5, 1999. In response to this conversation, Mr. Dyer faxed a sketch of the system that he has already installed at the facility and some information regarding the amount of products used in the shops for disposal. Mr. Dyer contacted the office this morning and both Jeff Stoll and I discussed the situation and what would be required of Mr. Dyer to continue the review. Jeff explained to Mr. Dyer that the Colorado Department of Public Health and Environment (CDPHE) were very concerned with waste of this nature being disposed of down a septic system and that if that is the direction he wanted to go it may require a discharge permit. We also suggested to Mr. Dyer that he contact Pat Martinek with CDPHE who has been working with us on this facility. In reviewing what we have received from Mr. Dyer, the following is a list of information that we are still lacking. • Information signed by the engineer regarding the floor drain system. • Mr. Dyers most recent sketch indicates that the old septic tank will be used. We have not received information stating that this will assure containment of the waste within the system (positive pressure test on tank). • Information about the pretreatment filter system including what type of treatment it is designed to offer and any required maintenance. • Mr. Dyer has indicated that the waste will be disposed of through the old septic system. Pat Martinek, CDPHE(in her previous letter and again in a phone conversation today) has indicated that this will not be acceptable and we will therefore need information on the method of disposal. This will include a contract for the removal of the waste from the site by a licenced, reputable transporter. • A management plan for the facility including a protocol for implementation of the disposal system. In addition to these concerns the Colorado Deptartment of Transportation has reported to me this week that Mr. Dyer has installed another"storm drainage" line on the east side of the property. They are concerned with the flow through this line and want to be assured that only storm water is getting into that line. i Y It (4t 414116 MEMORANDUM wiipt. TO: LeeMorrisonDATE: March 16, 1999eldCountyAttorneys Office FROM: Connie O'Neill COLORADO SUBJECT: Clifford Dyer Cease and Desist Order Following the January 26, 1999 Board of Health meeting, a letter was sent to Mr. Dyer notifying him of the Variance Request approval for the two proposed septic systems for the property located at 6310 W. 10th Street, Greeley. In addition, a letter was sent notifying him of the approval of the Engineer Designed Septic for the office/warehouse/shop/trailer system, and the conditional approval of the floor drain waste system. The specific conditions for the approval were also outlined in this letter. At that time, our division requested a time frame from Mr. Dyer and his engineer for the completion of the systems. On February 11, 1999, a letter was sent to Mr. Dyer from John Pickle, reviewing the status of the Cease and Desist Order for the property. This letter recognized Mr. Dyer's need for additional time to have the two systems installed at the property, and stated a 30 day time frame for the completions. The current status of the two systems are as follows: ISDS Permit No. SP-9800602 - Office/warehouse/shop/trailer A copy of the permit has been sent to Mr. Dyer. He has also been in contact with our office regarding specific installation questions for this system and final inspection is scheduled to be done by our office today, March 16, 1999. ISDS Permit No. SP-9900006 - Floor Drain Wastes Conditional approval from the Board of Health was based on the Division receiving and approving a waste management plan including a protocol for implementation. The approval letter outlined specific items that would need to be addressed in this plan. As of today, no information on this system has been submitted to our department for review. a:co.261 of4, ,-t 1 cC.uk- we ,f, CA CCs. . a r' _ J I 3 ocic d« - c �c� MINA-AA e < a ,c)-‘ ec Lock, tk k:>Lot Atu is ctto Lam, 4vA-L.40-VIK LM Skk4,L tILL �11 h .� \ L&&C CO srC`w �Ctvlei L iD LXl-tc.L +etVi c>`r'-& s vsus- ��0.-v�9 ��C_'4.� J-CL 4 Oc)CLL_vv,[.w1�Q Ll c (L7YY� �\.1`4 Co .ts, cx/� \lice J c �J4Slc .c lV-c-LL' tcc( A{ CCUC �Ih .J AL, Q �'CL �c, O �'�-�`R. ))07c cu.,c, zc.:io eV;iA- 1/4)�:, R_ cicn vr, yV.G:\ ci4 Od _ \31- e kd �cc� ��ll ` � 5.Uvv, � s wcAcb, cA bur 30 c�c S a o v 4 a t v)-)ti \cid _ s.sv-S L+_X evice� L , `1ukcct c. .\\ k,AsAcaQ.C. -i c c,f Q19 C5k)Qk V`Vl LXY2 C7� 7\ u-c4A 6 ACLlie JUL( • • WATER AND SEWER DEPARTMENT • • Ci t (f1000 TENTH STREET,GREELEY,COLORADO 80631 (970)350-9812 FAX(970)350-9805� Greeley 19 February 1999 Jeff Stoll Weld County Health Department : 1517 16th Avenue Court ,IfC 14. • Greeley, CO 80631 fil. 5�r • ca_ FEB 27 'topic '1 Subject:Requirements for unincorporated lots to connect to City sewer _ �r�, =10LA) •- - R J ' Dear Mr. Stoll: '" u, , , • Ben Slater's letter of January:'.6, 1999,requested we icapund to you with Greeley's policy for connection by outside city customers to Greeley sewers. Greeley City Council has the ability to • . use the water and sewer system to promote City objectives,usually by requiring annexation in exchange for service. Where annexation is not possible,the Council has required compliance with City development standards in exchange for water service to new developments. Sewer service in lieu of failing septic tanks is a'Similar matter,but adds public health concerns to • • development standards. In the case of Rafferty's on West 10th Street,for instance,when their septic tank failed,the City approved connection to City sewer with the promise of future annexation. Similarly,Rudy Danford's Carpet Barn,on 59th Avenue at West 10th Street, was allowed to tap the new West Point sewer without immediate annexation or even water service. Standard prices of plant investment fees($1,288 for single family), pro-rata share of the cost of • line extension to the property($50/front foot), and physical sewer taps($165) are well defined and available upon inquiry. These prices were sent to Mr.Dyer on November 10, 1998. The owner must determine the cost of running a service line to the sewer from a plumber's bin_ The • • cost of annexation is usually minimal and is available from Community Development,typically • • including cost of a boundary survey and the annexation petition. Costs to achieve City • development standards (drainage,fire hydrants, landscaping,etc.) are much more variable but apply only on redevelopment and can be estimated at that time. Although the total cost of sewer service may appear expensive, the costs can be determined and reflect the true cost of service. We believe the Health Department's policy requiring connection to public sewer,if one is available within 400 feet,is a sound policy which protects public health. Sincerely, • Jon Monson Director of Water and Sewer c: Vern Nelson Leonard Wiest Becky Safarik • Lee Morrison John Pickle Ben Slater • ` : TOTAL P.02 ZIN DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 O ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 February 11, 1999 Clifford Dyer 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: On January 26, 1999, the Weld County Board of Health approved your request for a variance for the facility located at 6310 West 10th Street, Greeley, Colorado. On that date the Department also requested from Steve Wernsman, your engineer, a time frame for the completion of the systems approved by the Board of Health. In follow up conversations with you and your engineer the Department has again requested a time frame for the repair completion. The Department has not yet received information from you or your engineer specifying a time frame in which the repairs at the property will be completed. Please be reminded that the Cease and Desist Order was stayed only until February 1, '1999 and technically could be enforced at this time. The Department, as you were advised at the hearing, recognizes the need for time in which to install the system and will not seek to enforce the order until you have had a reasonable time to make the repairs as approved. Following our intent to provide you with adequate time to complete the repairs, the Department has determined that the repairs shall be completed within 30 days of receipt of this letter. Please be reminded that completion includes approval of design and operations maintenance plans for the floor drain system. The plans must include any pre-treatment of floor drain waste. Please contact our office at (970) 353-0635 if you have any questions. Since N ohn Pic le, R.S.,M.S.E.H. Director Weld County Health Department cc: Lee Morrison, Weld County Attorney Stephen C. Wernsman, Wernsman Engineering Jeff Stoll, M.P.H. Director, Environmental Protection Services Pat C. Martinek, Colorado Department of Public Health and Environment Robert E. Ray, Attorney 14: I I I DEPARTMENT OF HEALTH 1 1517 16TH AVENUE COURT GREELEY, CO 80631 1111k ADMINISTRATION (970) 353-05£16 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 February 5, 1999 4111b1.- Cliff Dyer 6086 West 10th Street Greeley, Colorado 80634 RE: Individual Sewage Disposal System Permit No.: SP-9900006-Floor Drain Wastes. Location: 6310 West 10th Street, Greeley, Colorado Dear Mr. Dyer: This is to inform you that your Engineer Designed Septic System has been reviewed by the Weld County Board of Health. Conditional approval was granted provided a copy of a waste management plan, including a protocol for implementation, is submitted for review and approval by this Department. This management plan should address at a minimum, the following items: 1. The method of disposal including a contract for removal of the waste from the site by a licensed, reputable transporter. 2. The method(s) of pretreatment incorporated into the system, including any required maintenance. This revision to the existing design must be signed and stamped by the engineer and submitted to the Department for approval. 3. The types of waste being treated, including any required analysis and/or generator knowledge (MSDS). 4. The method of assuring the containment of waste within the designed system. This may include such things as a positive pressure test of the storage tank or incorporation of leak detections systems. Cliff Dyer February 3, 1999 6086 West 10th Street Page 2 Once the management plan is reviewed by this Department and approved the permit will be issued. Be advised that quarterly reporting to the Weld County Health Department documenting the methods of disposal is required. Acceptable documentation may include trip tickets, certificates of destruction, or invoices to demonstrate the amount of waste removed, the disposal facility, and the frequency of removal. A copy of the Weld County Board of Health I.S.D.S. Review Form is enclosed. PLEASE NOTE THAT THE SYSTEM MUST BE INSPECTED BY A REPRESENTATIVE OF THIS DEPARTMENT AND BY THE DESIGNING ENGINEER; BEFORE THE SYSTEM CAN BE APPROVED FOR OPERATION. THE ENGINEER MUST CERTIFY TO THIS DEPARTMENT. IN WRITING. THAT THE SYSTEM HAS BEEN INSTALLED ACCORDING TO HIS/HER SPECIFICATIONS. Should you have any questions regarding your septic system, please contact this office at your earliest convenience at 353-0635. Sincerely, \(t.vv\ )C- v r C_ Pam Smith Environmental Protection Specialist PS/rb-0082 cc: Stephen C. Wernsman, Wernsman Engineering John S. Pickle, M.S.E. H., Director, Weld County Health Department Jeff Stoll, M.P.H. Director, Environmental Protection Services Connie O'Neil, Lab Supervisor Lee Morrison, Assistant County Attorney Pat C. Martinak, Liaison 7 () (1. DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT ' GREELEY, CO 80631 ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 • COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 February 2, 1999 Cliff Dyer t ` 6086 West 10th Street Greeley, Colorado 80634 Re:Individual Sewage Disposal System Permit No. SP-9800602 and SP-9900006 Location: 6310 West 10th Street, Greeley, Colorado Dear Mr. Dyer: This is to inform you that your Individual Sewage Disposal System Variance Request has been reviewed and approved as submitted. A copy of the Weld County Board of Health I.S.D.S. Review Form is enclosed. PLEASE NOTE THAT EACH SYSTEM MUST BE INSPECTED BY A REPRESENTATIVE OF THIS DEPARTMENT BEFORE EACH SYSTEM CAN BE APPROVED FOR OPERATION. Should you have any questions regarding your septic system, please contact this office at your earliest convenience at 353-0635. Sincerely, Pam Smith Environmental Protection Specialist PS/rb-0083 cc: Weld County Department of Planning Orr: 1111 DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 k ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORAI)O COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 February 1, 1999 Cliff Dyer 6086 West 10th Street Greeley, Colorado 80634 RE: Individual Sewage Disposal System Permit No.: SP-9800602 Location: 6310 West 10th Street, Greeley, Colorado (office/warehouse/shop/trailer). Dear Mr. Dyer: This is to inform you that your Engineer Designed Septic System has been reviewed by the Weld County 13oard of Health and approved. A copy of the Weld County Board of Health I.S.D.S. Review Form and your I.S.D.S. Permit are enclosed. PLEASE NOTE THAT THE SYSTEM MUST BE INSPECTED BY A REPRESENTATIVE OF THIS DEPARTMENT AND BY THE DESIGNING ENGINEER, BEFORE THE SYSTEM CAN BE APPROVED FOR OPERATION. THE ENGINEER MUST CERTIFY TO THIS DEPARTMENT, IN WRITING. THAT THE SYSTEM HAS BEEN INSTALLED ACCORDING TO HIS/HER SPECIFICATIONS. Should you have any questions regarding your septic system, please contact this office at your earliest convenience at 353-0635. Sincerely,^ nc eilVt 7y, Pam Smith Environmental Protection Specialist PS/rb-0084 cc: Stephen C. Wernsman, Wernsman Engineering, Inc. Ce 10 1E O'NEILL To: l'POL, PSMITH 9 9:26am I ' D er BOH letter for floor drain system -Reply -Reply -Reply 11111, 1 ® of what we should require, see what you guys think. ►o' require that the floor drain waste be removed and disposed C O. P`'� transporter licensed for this type of waste. A copy of the contract with the disposal company should be submitted as well as a protocol for implementation of the disposal procedure. These documents should include the following - the type of waste being disposed of (MSDS) - sampling and analysis of the waste required by the disposal company - the disposal method to be implemented following any waste analysis - quarterly reporting (time frame to be determined) to the Weld County Health Department the amount of waste being disposed of, the disposal site and analysis, and the dates of disposal. >>> JEFF STOLL 02/01/99 08 :57am >>> I believe we were going to require a contract with an approved disposal company for the vault. Would it be appropriate to require monthly or quarterly reports with receipts, also? Connie is working with Steve on a construction deadline. He wanted to postpone until better weather, but Connie said no. >>> LEE MORRISON 01/28/99 03 :14pm >>> don't you have a more detailed description of what goes into management plan. I discussed earlier with jeff. The full discussion should be included Lee D. Morrison Assistant County Attorney Hello