HomeMy WebLinkAbout20251408.tiffResolution
Approve Certificate of Designation, CD24-0001 — Tire Mountain, LLC
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, on the 25th day of June, 2025, a public hearing was held in the Chambers of
the Board of County Commissioners of Weld County, Colorado, for the purpose of
considering whether to grant a Certificate of Designation, CD24-0001, to Tire Mountain,
LLC, 12311 County Road 41, Hudson, Colorado 80642, said site to be located on the
following described property:
Being part of the SE1/4 of Section 32, Township 3 North, Range 65 West
of the 6th P.M., Weld County, Colorado
Whereas, said applicant was present, and
Whereas, said request for a Certificate of Designation, CD24-0001, was submitted in
relation to 8th Minor Amended Use by Special Review Permit, 8MUSR21-89-842, for a
Tire Mono -fill and Tire Recycling Facility in the I-3 (Industrial) Zone District, which was
administratively approved by the Department of Planning Services, and
Whereas, C.R.S. §30-20-104, requires the Board to take into account certain factors to
approve a Certificate of Designation and, having taken said factors into account, the
Board finds as follows:
1. The effect that the solid wastes disposal site and facility will have on the
surrounding property, taking into consideration the types of processing to be used,
surrounding property uses and values, and wind and climatic conditions. The
facility has been in operation at some capacity since the 1980s and has maintained
a consistency with the area's historical uses. Approval of this CD will allow
operations to continue in accordance with the regulatory requirements and ensure
that all mitigation measures are properly implemented. This will allow the site to
maintain standards set forth in 8MUSR21-89-842 and the Solid Waste Act and the
Solid Waste Regulations.
2. The convenience and accessibility of the solid waste disposal site and facility to
potential users. The location of the proposed Solids Processing Facility for
Exploration and Production wastes will be convenient and accessible to the
potential users. There are only a limited number of facilities designated as monofill
sites in Colorado. The strategic location of Tire Mountain, LLC, will serve as a
valuable resource for both the Front Range region and the Denver metropolitan
area.
3. The ability of the applicant to comply with the health standards and operating
procedures provided for in this part 1 and such rules and regulations as may be
cc:p�,(DE/MN/DA/KR\ CA(KK), 2025-1408
ASR(SCA APPL.• PL0456
.1/25X25
Certificate of Designation, CD24-0001 — Tire Mountain, LLC
Page 2
prescribed by the department. The applicant has demonstrated in the submitted
application materials that the use can comply with the Weld County Code. Further,
the Colorado Department of Public Health and Environment (CDPHE) has
recommended that the application be approved, with conditions, because the use
can comply with the rules and regulations of CDPHE.
4. Recommendations by local health departments. The Colorado Department of
Health and the Weld County Department of Public Health and Environment have
reviewed this request and find, subject to conditions, the proposal will comply with
the Standards of the Solid Waste Disposal Sites and Facilities Act,
Section C.R.S. §30-20-100.5, et seq.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that a Certificate of Designation, CD24-0001, in relation to Use by Special
Review Permit, 8MUSR21-89-842, for a Tire Mono -fill and Tire Recycling Facility in the 1-3
(Industrial) Zone District, on the hereinabove described real property, be, and hereby is,
granted subject to the following conditions:
1. In accordance with Section 4 of the Solid Waste Regulations, third party financial
assurance cost estimates for closure and post closure care (financial assurance
cost estimate) must be submitted to the Division within 60 days of the issuance of
the Certificate of Designation (the CD). Once the financial assurance estimates
have been approved by the Division, the Facility will have 30 days to submit a
financial assurance mechanism for review and approval. The financial assurance
mechanism must be in -place and approved by the Division before the start of
construction of the Facility. Pursuant to Section 4 of the Solid Waste Regulations,
the financial assurance cost estimate must be adjusted annually to account for
inflation or deflation by using the implicit price deflator for the gross domestic
product. Additionally, the Facility must replace the original cost estimate every
five (5) years unless otherwise required by the Division. Any CD that is issued for
this proposed facility does not become effective until the required financial
assurance requirements and mechanism have been fully implemented.
2. Compliance with this CD requires the owner/operator comply with the
attached Engineering Design and Operations Plan (EDOP) and any future
Department -approved EDOP conditions, including both Department -approved
revisions or additions to the EDOP, and stand-alone plans necessary to comply
with the Solid Waste Act and Regulations. Non-compliance of the EDOP, as
revised, constitutes a violation of this CD. This CD need not be necessarily
amended upon EDOP amendment, unless required by the local governing
authority. The CDPHE reserves the right to make unilateral modifications to the
EDOP language and conditions at any time during the life of the facility, including
during the post closure care period. The CDPHE will attempt to consult with the
local governing body prior to doing so.
2025-1408
PL0456
Certificate of Designation, CD24-0001 — Tire Mountain, LLC
Page 3
3. In addition to complying with the Division's Solid Waste Regulations, the Facility
must comply with all relevant federal, state, and local regulations, including, but
not limited to, the appropriate requirements of the Division of Water Resources,
Water Quality Control Division, and Air Pollution Control Division.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 25th day of June, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1408
PL0456
�86��.`
WEE
COUNTY, CO
MEMORANDUM
To: Board of County Commissioners
From: Maxwell Nader, Planning Manager
Date: June 4, 2025
Re: Certificate of Designation (CD) for Tire Mountain, LLC
Tire Mountain, LLC, 1249 River Rd., Unit 303, Cranbury, NJ 08512 is requesting a Certificate
of Designation (CD) for a Tire Mono -Fill and Tire Recycling Facility located west of and
adjacent to County Road 41, north of and adjacent to County Road 26 Section Line in
the SE4 of Section 32, Township 3N, Range 65W, of the 6th P.M Weld County, CO.
This is the site formerly owned by CH2E Colorado, LLC and Hudson Tireville, LLC. The site is
permitted through Use by Special Review (8MUSR21-89-842) permit for a Site Specific
Development Plan and 8th Amendment to a Use by Special Review Permit, USR-842, for
a Solid Waste Disposal Site and Facility (Commercial Junkyard and Salvage Yard,
including Tire Landfill, Storage, Shredding, and Recycling Facility),
Manufacturing/Processing Facility (Crumb Rubber and a Recycling Process that uses a
Closed Loop Cracker Process to Create Products), Tire Pyrolysis, Oil Storage, Onsite Oil
Loading, Truck Loading Ramp, Shredding Facility, Temporary Tire Staging and Storage
Areas, Temporary Tire Shred Staging and Storage Areas, Double Walled Baker Tank, a Silo,
and Two (2) additional Storage Cells for Whole Waste Tires to include an amendment to
Development Standard No. 19 in the I-3 (Heavy Industrial) Zone District. The site is currently
not in operation.
Tire Mountain, LLC has now applied for a Certificate of Designation, CD24-0001 pursuant
to C.R.S. §30-20-104 and Weld County Code Chapter 12, Article VIII. In accordance with
Chapter 12, Article VIII, Section 12-8-20.A.2 the property owner and/or operator is
required to seek approval of a Certificate of Designation from the Board of County
commissioners when there is a transfer of a solid waste disposal site or facility to a new
owner or operator.
The request was reviewed by the Colorado Department of Public Health and
Environment, Hazardous Materials and Waste Management Division and in their letter
dated April 8, 2025, which recommends that the Facility may be approved by Weld
County, which specified conditions.
Section 30-20-104 C.R.S. requires affirmation that certain factors to approve a Certificate
of Designation have been taken into account and consideration.
a. The effect that the so/id wastes disposa/ site and facility will have on the
surrounding property, taking into consideration the types of processing to be used,
surrounding property uses and values, and wind and climatic conditions.
Page 1
The facility has been in operation at some capacity since the 1980s and has
maintained a consistency with the area's historical uses. Approval of this CD will
allow operations to continue in accordance with the regulatory requirements and
ensure that all mitigation measures are properly implemented. This will allow the
site to maintain standards set forth in the 8MUSR21-89-842 and the Solid Waste Act
and the Solid Waste Regulations.
b. The convenience and accessibility of the so/id waste disposa/ site and facility to
potentia/ users. The location of the proposed Solids Processing Faci/ity for
Exp/oration and Production wastes will be convenient and accessible to the
potential users.
There are only a limited number of facilities designated as monofill sites in
Colorado. The strategic location of Tire Mountain LLC will serve as a valuable
resource for both the Front Range region and the Denver metropolitan area.
c. The abi/ity of the app/icant to comply with the health standards and operating
procedures provided for in this part 1 and such rules and regulations as may be
prescribed by the department. The app/icant has demonstrated in the submitted
app/ication materials that the use can comply with the Weld County Code.
Further, the Co/orado Department of Public Health and Environment (CDPHE) has
recommended that the app/ication be approved, with conditions, because the
use can comply with the rules and regulations of CDPHE.
d. Recommendations by local health departments. The Co/orado Department of
Health and the Weld County Health Department have reviewed this request and
find, subject to conditions, the proposa/ wi// comply with the Standards of the So/id
Waste Disposa/ Sites and Facilities Act, Section 30 20 100.5, et seq., C.R.S.
Background and Timeline:
August 25, 1976:
The Use by Special Review Permit USR-305 (Reception #1697158) was
approved and recorded for an auto salvage and wrecking yard
and associated facilities on three of the four parcels associated with
the current CD Request today.
December 21, 1976: Z-110 Change of Zone from A (Agricultural) to I-3 (Heavy Industrial)
rec. 1706456
January 25, 1989:
Certificate of Designation for Tire Mountain Inc.
Board of County Commissioners of Weld County, Colorado, that the
application of Tire Mountain, Incorporated, for a Certificate of
Designation purpose of hearing the application of Tire Mountain,
Incorporated, for a Certificate of Designation to operate a solid
waste disposal site for tires and scrap tire recycling facility is granted.
Page 2
January 25, 1989: USR-842
The Site Specific Development Plan and Special Review Permit is for
a tire landfill, storage, and recycling facility in the I-3 (Heavy Industrial)
Zone District
August 30, 1989:
August 30, 1989:
Certificate of Designation for Tire Mountain Inc. and WIXCO Services,
Inc.,
Certificate of Designation was submitted in conjunction with a
request for a Site Specific Development Plan and an amended
Special Review Permit for a tire landfill, storage, recycling facility, and
biomedical waste incineration facility in the I-3 (Heavy Industrial) Zone
District which was approved by the Board
Amended USR-842 Tire Mountain Inc., and WIXCO, Inc.
Site Specific Development Plan and amended Special Review Permit
is for a tire landfill, storage, recycling facility, and biomedical waste
incinerator facility in the I-3 (Heavy Industrial) Zone District
October 3, 1990: Amended Site Specific Development Plan and Special Review Permit
is for a tire landfill, storage, and recycling facility in the I-3 (Heavy
Industrial) Zone District
October 3, 1990: Amended Certificate of Designation was submitted in conjunction
with Amended Use by Special Review Permit#842 for a tire landfill,
storage, and recycling facility which was approved by the Board
July 10, 1991: A request for an amended Certificate of Designation was granted to
Jamison Tool, Inc/Colorado Incineration Services, Inc. for the use to
include (a solid waste disposal site for tires and scrap tire recycling
facility and a biomedical waste incineration facility). The board
approved this with the condition that it met the AMUSR-918 BOCC
resolution, recorded map and development standards and all
requirements of the Weld County Department of Public Health and
Environment and the Colorado Department of Public Health and
Environment. AMUSR-918 at this point in time had not met all
conditions of approval as the 3.84 -acre parcel of land that the
AMUSR-918 was to be approved on had still not been created
through the Recorded Exemption Process.
September 12, 1991: A 2 -Lot Recorded Exemption plat map was recorded for RE -1367
(Reception #2263003) officially splitting the roughly 40 -acre parcel
that was the S2N2 SE4 Sec 32, T3N, R65W of the 6th P.M. Weld County,
CO. The Exemption split the property into a 36 -acre Lot B that
continued the use on site as a solid waste disposal site for tires and
Page 3
scrap tire recycling and a 3.84 -acre Lot A that was used for the
biomedical waste incineration site. AMUSR-918 was approved for the
biomedical waste incineration site to be located only on Lot A and
was approved and recorded in conjunction with this Recorded
Exemption RE -1367 Plat. All lots were still owned by Jarrald Jamison
and Colorado Incineration Services, Inc was the operator leasing Lot
A.
November 6, 1991: A revised Amended Use by Special Review map AMUSR-842
(Reception #2268363) was recorded showing the partial vacation of
the amended USR from all of Lot A of Recorded Exemption RE -1367.
The AMUSR-842 map included all of Lot B of Recorded Exemption RE -
1367 and the 40 -acre parcel that is the S2S2 SE4 Sec 32, T3N, R65W of
the 6th P.M. Weld County, CO.
April, 27, 1993: A Second Amended Use by Special Review map 2nd AMUSR-918
(Reception #02330550) was approved and recorded with changes
to the site design and development standards for the biomedical
waste incineration facility that was originally approved through
AMUSR-918. There were no changes in ownership or the size or
geometry of the lot.
October 22, 2003: 2nd AmUSR-842
Site Specific Development Plan and Second Amended Use by
Special Review Permit #842 is for a Solid Waste Disposal Site and
Facility (Commercial Junkyard and Salvage Yard including tire
landfill, storage and recycling facility) and a Mobile Home for Housing
in the I-3 (Heavy Industrial) Zone District
October 22, 2003: Certificate of Designation Estate of Jarrald Jamison
Certificate of Designation was submitted in conjunction with an
application for a Site Specific Development Plan and Second
Amended Use by Special Review Permit#842 for a Solid Waste
Disposal Site and Facility (Commercial Junkyard and Salvage Yard
including tire landfill, storage and recycling facility) and a Mobile
Home for Housing in the I-3 (Heavy Industrial) Zone District which was
approved by the Board
September 27, 2006:
3rd AmUSR-842
The Site Specific Development Plan and Third Amended Use by
Special Review Permit #842 is for a Solid Waste Disposal Site and
Facility (commercial junkyard and salvage yard, including tire landfill,
storage, shredding, and recycling facility), Heavy Manufacturing/
Processing Facility (cryogenic processing/crumb rubber) and a
Mobile Home for Housing in the I-3 (Heavy Industrial) Zone District
January 9, 2008: 2nd AmUSR-842
Action of the Board concerning suspension of Second Amended Use
Page 4
by Special Review Permit #842 for a Solid Waste Disposal Site and
Facility (commercial junkyard and salvage yard including tire landfill,
storage and recycling facility) and a Mobile Home for Housing in the
I-3 (Heavy Industrial) Zone District, and Third Amended Use by Special
Review Permit #842 for a Solid Waste Disposal Site and Facility
(commercial junkyard and salvage yard, including a tire landfill,
storage, shredding, and recycling facility), Manufacturing/Processing
Facility (cryogenic processing/crumb rubber), and a Mobile Home for
housing in the I-3 (Heavy Industrial) Zone District
November 3, 2009:
3rd AmUSR-842
Request of Dwain Immel, President of Tire Recycling, Inc., to withdraw
the application for a Site Specific Development Plan and Third
Amended Use by Special Review Permit #842 for a Solid Waste
Disposal Site and Facility (commercial junkyard and salvage yard,
including a tire landfill, storage, shredding, and recycling facility},
Manufacturing/Processing Facility (cryogenic processing/crumb
rubber), and a Mobile Home for housing in the I-3 (Heavy Industrial)
Zone District, on the parcel of land described above be, and hereby
is, denied
November 21, 2013: MUSR13-0013
A Minor Amendment to a Site Specific Development Plan and Use by
Special Review Permit No. 3rd AmUSR-842 for a Solid Waste Disposal
Site and Facility (Commercial Junkyard and Salvage Yard, including
Tire Landfill, Storage, Shredding, and Recycling Facility),
Manufacturing / Processing Facility (Cryogenic Processing/Crumb
Rubber and Recycling Process that uses a Closed Loop Cracker
Process to Create Products) and a Mobile Home for Housing in the I-
3 (Heavy Industrial) Zone District.
February 29, 2016:
A Minor amendment map to the use by special review was approved
and recorded and called MUSR15-0015 (Reception #4184025) was
approved and recorded. This minor amendment was done to
change the use on the site to include a solid waste disposal site and
facility (Commercial Junkyard and salvage yard including tire landfill,
storage, shredding and recycling facility) Manufacturing/Processing
facility (cryogenic processing/crumb rubber and recycling process
that uses a closed loop cracker process to create by-products), a
used oil and water concrete secondary containment and
underground vault storage area for spill prevention, onsite oil loading,
a truck loading ramp, a new shredding building, three (3) temporary
tire shred storage areas, a double walled baker tank, a crumb rubber
storage silo and Two (2) additional storage cells for whole waste tires
in the I-3 Industrial zone district
September 20, 2017: Certificate of Designation for CH2E Colorado, LLC, and Hudson
Tireville, LLC Certificate of Designation was submitted in conjunction
Page 5
with an application for 7th Amended Minor Use by Special Review
Permit, #7MUSR16-89-842, for a Tire Mono -fill and Tire Recycling
Facility in the I-3 (Heavy Industrial) Zone District, of which approval of
the Certificate of Designation is a Condition of Approval for recording
the final USR map
November 30, 2017:
May 12, 2022:
April 10, 2023:
August 5, 2024:
October 3, 2024:
April 8, 2025:
7MUSR16-89-842 map was recorded, reception number 4356606.
CH2E Colorado was conditionally approved for another minor
amendment to their Use by special review permit. The permit known
as 8MUSR21-89-842 was approved by the Weld County Planning
Department for a minor amendment to 7MUSR16-89-842, to add two
(2) additional Storage Cells for Whole Waste Tires to include an
amendment to Development Standard No. 19 (Tires received at the
facility shall be placed into cells or processed upon receipt. Tires and
tire products stockpiled above ground for processing shall be
stockpiled for a time not to exceed 30 days. Tires and tire products
will not be stored outside of the designated cells or storage areas.
Aboveground tire stockpiles shall not exceed ten (10) feet in height
and shall be separated by a minimum width of fifty (50) feet) in the I-
3 (Heavy Industrial) Zone District. This modification did not affect the
Certificate of Designation for CH2E Colorado, LLC, and Hudson
Tireville, LLC as accepted by the Board of County Commissioners on
September 20, 2017.
Tire Mountain owned and operated by C2HE Colorado LLC was sold
to Tire Mountain LLC.
Tire Mountain LLC received a Compliance Order on Consent from the
Colorado Department of Public Health and Environment (CDPHE).
The purpose of this order is to bring the subject properties permitted
under8MUSR21-89-842 into compliance, which includes the submittal
of a new Certificate of Designation (CD) for ownership change.
Tire Mountain LLC submitted the Certificate of Designation (CD),
CD24-0001 application to the County who then forwarded to the
CDPHE for review.
Weld County received a recommendation of approval from CDPHE
for the new Certificate of Designation (CD) associated with Tire
Mountain LLC.
Page 6
The Department of Planning Services recommends that the Board of County Commissioners
approve the Certificate of Designation, CD24-0001 for Tire Mountain LLC subject to the
following conditions:
1. In accordance with Section 4 of the Solid Waste Regulations, third party financial
assurance cost estimates for closure and post closure care (financial assurance cost
estimate) must be submitted to the Division within sixty (60) days of the issuance of the
certificate of designation (the CD). Once the financial assurance estimates have been
approved by the Division, the Facility will have thirty (30) days to submit a financial
assurance mechanism for review and approval. The financial assurance mechanism
must be in -place and approved by the Division before the start of construction of the
Facility. Pursuant to Section 4 of the Solid Waste Regulations, the financial assurance
cost estimate must be adjusted annual to account for inflation or deflation by using
the implicit price deflator for the gross domestic product. Additionally, the Facility must
replace the original cost estimate every five (5) years unless otherwise required by the
Division. Any certificate of designation that is issued for this proposed facility does not
become effective until the required financial assurance requirements and mechanism
have been fully implemented. (Colorado Department of Public Health and
Environment)
2. Compliance with this CD requires the owner/operator comply with the attached EDOP
and any future Department -approved EDOP conditions, including both Department
approved revisions or additions to the EDOP and stand-alone plans necessary to
comply with the Solid Waste Act and Regulations. Non-compliance of the EDOP as
revised constitutes a violation of this CD. This CD need not be necessarily amended
upon EDOP amendment unless required by the local governing authority. CDPHE
reserves the right to make unilateral modifications to the EDOP language and
conditions at any time during the life of the facility, including during the post closure
care period. CDPHE will attempt to consult with the local governing body prior to doing
so. (Colorado Department of Public Health and Environment)
3. In addition to complying with the Division's Solid Waste Regulations, the Facility must
comply with all relevant federal, state, and local regulations, including but not limited
to the appropriate requirements of the Division of Water Resources, the Water Quality
Control Division, and the Air Pollution Control Division. (Colorado Department of Public
Health and Environment)
Page 7
P
w
Board of County Commissioners
June 25, 2025
t
weld gov
Tire Mountain, LLC c/o Ruck Campanella
Maxwell Nader
Certificate of Designation (CD) for Tire Mountain, LLC
Applicant:
Planner:
Request:
Legal
Description: Lot S of Amended Recorded Exemption 1 AMRECX20-91-
1367 and all of the S2 of the SE4 all in section 32, T3N, Range
6 west of the 6th pm, Weld County, Colorado.
Location: West of and adjacent to County Road 41, North of and
adjacent to County Road 26 Section Line
weld gov
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
8MUSR21-89-842
The site is permitted through Use by Special 'Review (8MUSR21-89-842) permit for a Site
Specific Development Plan and 8th Amendment to a Use by Special Review Permit,
USR-842, for a Solid Waste Disposal Site and Facility (Commercial Junkyard and Salvage
Yard, including Tire Landfill, Storage, Shredding, and Recycling Facility),
Manufacturing/Processing Facility (.Crumb Rubber rand a Recycling Process that uses a
Closed Loop Cracker Process to Create Products);Tire Pyrolysis, Oil Storage, Onsite Oil,
Loading, Truck Loading Ramp, Shredding Facility, Temporary Tire Staging and Storage
Areas, Temporary Tire Shred Staging and Storage Areas, Double Walled Baker Tank, a
Silo, and Two (2) additional Storage Cells, for Whole Waste Tires to include an
amendment to Development Standard No 1,9 in the l=3`(Heavy Industrial) Zone District
The site is currently not in operation.
weld gov�
WELD COUNTY GOVERNMENT
Department of Planning Services
_.‘ 861 ,_
COUNTY, CO
a
U SR23-0039
1041 MAJOR FACILITY,
345KV •
uSR-1311
SALlAGE YARI
6 REPAIR'.
USR, 3-0001
MINERAL
RES DENPOIL&GAS SUP
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
8 M U S R21-89-842
LOT B AMENDED RECORDED EXEMPTION 1AMRECX20-91-1367: BEING PART OF THE SE4,
AND THE S2S2 OF S2S2 SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M.. WELD COUNTY. COLORADO
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In the state of Colorado, a Certific to of Design • ti % yn (C®) is a
tormiki rov i issued by a county for the location and
°per •lion of a s ste *lisp =ass ai site or facility, such as:
®Solid waste landfills
®Transfer stations
®Composting operations
®Recycling facilities (in some cases)
®Hazardous waste treatment or disposal sites
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WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
Weld County Code Chapter 12, Article VIII
Section 12-8-20.A.2 Procedures
A. When review is required. The property owner and/or operator shall
be required to seek approval of a Certificate of Designation from
the Board of County Commissioners upon any of the following:
1: The development of anew solid waste disposal site or facility.
2. The transfer of a solid waste disposal site or facility to a new owner or
operator.
1 The operator seeks a substantial change to the Engineering Design and
Operations Plan (EDOP), as determined by the Director of the Weld
County Department of Planning Services. _
4. The operator desires to alter any condition of approval associated with a
previously approved Certificate of Designation.
5. The operator's Certificate of Designation has been revoked.
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The Department of Planning Services recommends that the Board
of County Commissioners prove the Certificate of Designation,
CD24®®®®1 for Tire Mountain LLC subject to the conditions outlined
by the Colorado Department of Public Health and Environment
(CDPHE) and identified in the resolution.
Weld County Referral
April 16, 2025
Submit by Email
The Weld County Department of Planning Services has received the following item for review:
Applicant: Tire Mountain, LLC Case Number: CD24-0001
Please Reply By: May 7, 2025 Planner: Maxwell Nader
Project: CERTIFICATE OF DESIGNATION - TIRE MOUNTAIN LLC - 8MUSR21-89-842
Parcel Number: 121332400038-R8969024 Legal: PART OF LOT B 1AMRECX20-91-1367, PART OF
THE SE4 OF SECTION 32, T3N, R65W of the 6th P.M., Weld County, Colorado.
Parcel Number: 121332000020-R4958786 Legal: S2S2 OF THE S2E2 OF SECTION 32, T3N, R65W of
the 6th P.M., Weld County, Colorado.
Parcel Number: 121332400037-R8969027 Legal: LOT B 1AMRECX20-91-1367, PART OF THE SE4 OF
SECTION 32, T3N, R65W of the 6th P.M., Weld County, Colorado.
Parcel Number: 121332400039-R8969025 Legal: PART OF LOT B 1AMRECX20-91-1367, PART OF THE
SE4 SECTION 32, T3N, R65W of the 6th P.M., Weld County, Colorado.
Location: West of and adjacent to County Road 41; north of and adjacent to County Road 26
Section Line
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response
not received before or on this date may be deemed to be a positive response to the Department of
Planning Services. If you have any further questions regarding the application, please call the
Planner associated with the request. Please note that new information may be added to
applications under review during the review process. If you desire to examine or obtain this
additional information, please call the Department of Planning Services.
T
We have reviewed the request and find that it does / does not comply with our
Comprehensive Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Lauren Light - WCDPHE Date May 7, 2025
Agency Recommend adding 3 COA from April 8, 2025 CDPHE letter
Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498
TM
COLORADO
Department of Public
Health & Environment
Via Electronic Mail, c/o Weld County Board of Commissioners: kford@weld.gov
April 8, 2025
Weld County Board of Commissioners
c/o Karla Ford, BOCC Office Manager
1150 O Street
P.O. Box 758
Greeley, CO 80631
RE: Recommendation for Approval of Certificate of Designation Application
Tire Mountain, LLC located at 12311 County Road 41, Hudson, CO 80642
File: WLD129 CDPHERM HAZ SW Permitting
Dear Honorable Commissioners,
This letter is the formal response from the Hazardous Materials and Waste Management Division (the
Division) regarding the Weld County's referral for technical review of an application for a certificate
of designation, which was prepared by and submitted electronically by Tire Mountain LLC ("Tire
Mountain") on November 21, 2024 through the Dropbox cloud storage service:
• 00 Tire Mountain LLC - Compliance Order on Consent Status
• 01 Tire Mountain LLC - Engineering Design Operations Plan (EDOP) - Specifically, the Tire
Mountain LLC EDOP Version 001C March, 2025
• 02 Tire Mountain LLC - Closure Post Closure Plan - Specifically, the Tire Mountain LLC Closure
Et Post Closure Plan Version 001C March, 2025
• 03 Tire Mountain LLC - Certificate of Designation (CD) Application Version 001C March, 2025
• 04 Tire Mountain LLC - Fire Prevention and Management Plan - Specifically, the Tire Mountain
LLC Fire Prevention Et Management Plan Version 001C March, 2025
• 05 Tire Mountain LLC - Corporate Documents
• 06 Tire Mountain LLC - Property Deed and Title
The application is for the Tire Mountain facility located at 12311 County Road 41, Hudson, CO 80642,
due to a change in the ownership of the facility. The application was made by Tire Mountain, LLC,
the entity that would own and operate the facility.
The Tire Mountain facility is a waste tire monofill and proposed waste tire processing facility
(hereafter the Facility). The Division initiated a technical review of the application following a
completeness determination issued by the Division on December 4, 2024. The Division reviewed the
listed components of the application for compliance with the requirements set forth in the Solid
Waste Disposal Sites and Facilities Act, Title 30, Article 20, parts 1 and 10 (the Solid Waste Act) of the
Colorado Revised Statutes (CRS), as amended, and with the regulations promulgated thereunder: the
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Jared Polis, Governor I Jill Hunsaker Ryan, MPH, Executive Director
Regulations Pertaining to Solid Waste Sites and Facilities, b CCR 1007-2, Part 1 (the Solid Waste
Regulations).
It is the determination of the Division that Tire Mountain LLC, as the owner and operator of the
facility, can comply with technical, environmental, and public health standards of the Solid Waste Act
and the Solid Waste Regulations if the Facility is constructed, operated, monitored and maintained as
described in the Certificate of Designation Application and EDOP and with the Division's conditions of
recommendation as stated below. Based on the Division's review and determination, the Division
recommends, with conditions, that the Tire Mountain facility may be approved by Weld County based
on these and any local criteria.
The Division's recommendation for approval of the Application including the final revised EDOP
(Version 001C March, 2025) has the following conditions that must be incorporated into the
Certificate of Designation, if issued by the local governing authority:
1. In accordance with Section 4 of the Solid Waste Regulations, third party financial assurance
cost estimates for closure and post closure care (financial assurance cost estimate) must be
submitted to the Division within sixty (60) days of the issuance of the certificate of
designation (the CD). Once the financial assurance estimates have been approved by the
Division, the Facility will have thirty (30) days to submit a financial assurance mechanism for
review and approval. The financial assurance mechanism must be in -place and approved by
the Division before the start of construction of the Facility. Pursuant to Section 4 of the Solid
Waste Regulations, the financial assurance cost estimate must be adjusted annual to account
for inflation or deflation by using the implicit price deflator for the gross domestic product.
Additionally, the Facility must replace the original cost estimate every five (5) years unless
otherwise required by the Division. Any certificate of designation that is issued for this
proposed facility does not become effective until the required financial assurance
requirements and mechanism have been fully implemented.
2. Compliance with this CD requires the owner/operator comply with the attached EDOP and any
future Department -approved EDOP conditions, including both Department approved revisions
or additions to the EDOP and stand-alone plans necessary to comply with the Solid Waste Act
and Regulations. Non-compliance of the EDOP as revised constitutes a violation of this CD. This
CD need not be necessarily amended upon EDOP amendment unless required by the local
governing authority. CDPHE reserves the right to make unilateral modifications to the EDOP
language and conditions at any time during the life of the facility, including during the post
closure care period. CDPHE will attempt to consult with the local governing body prior to
doing so.
3. In addition to complying with the Division's Solid Waste Regulations, the Facility must comply
with all relevant federal, state, and local regulations, including but not limited to the
appropriate requirements of the Division of Water Resources, the Water Quality Control
Division, and the Air Pollution Control Division.
Please also note that provisions of the Solid Waste Act found at CRS 30-20-104 reserve certain factors
for consideration solely by the local governing authority as part of the review of a certificate of
designation application. Accordingly, the Division's review is not intended to, nor did it, consider
those local land use provisions. CRS 30-20-104 also warrants careful consideration by the local
Page 2 of 3
Shana Baker Date 2025.04.09
07:06:24 -06'00'
Shana Baker
Waste Tire Compliance Unit
Hazardous Materials and Waste Management Division
governing authority as it contains key procedural requirements for the issuance of a certificate of
designation related to the timing of public notice and the public hearing.
If the application is approved, the final EDOP, and the issued certificate of designation or resolution
containing the certificate of designation, must be placed in the Facility's operating record. Please
provide a copy of any decision by Weld County to the undersigned.
Should you have any questions about this recommendation or the conditions of if you would like to
discuss the facility Application, feel free to contact me at Shana Baker by email at
shana.baker@state.co.us orJill Parisi byemailatiill.parisi@state.co.us.
Sincerely,
Digitally signed by Shana Digitally signed by Jill
Baker Jill
Parisi
Parisi Date: 2025.04.08
15:54:20 -06'00'
Jill Parisi, P.E.
Solid Waste Permitting Engineering Design Unit
Hazardous Materials and Waste Management Div.
ec: Jason Maxey, District 1, jmaxey@weld.gov
Scott James, District 2, Pro-Tem, sjames@weld.gov
Lynette Peppier, District 3, 1peppler@weld.gov
Kevin Ross, At -Large, kross@weld.gov
Perry Buck, At -Large, Chair, pbuck@weld.gov
Maxwell Nader - WCDPS
Nick Campenella, Tire Mountain LLC
Jaime Kostera, Tire Mountain LLC
Shelly Hickerson - AGO
Jonathon Lubrano - AGO
Dave Sutton - PGFPD
Brian Gaboriau - CDPHE
David Snapp - CDPHE
Tracie White - CDPHE
Page 3 of 3
COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
HAZARDOUS MATERIALS AND WASTE MANAGEMENT
DIVISION
COMPLIANCE ORDER ON CONSENT Number: 24-08-02-01
IN THE MATTER OF TIRE MOUNTAIN LLC
The Colorado Department of Public Health and Environment ("CDPHE"), through the
Hazardous Materials and Waste Management Division ("Division"), issues this Compliance
Order on Consent ("Consent Order"), pursuant to the Division's authority under section 30-20-
113, C.R.S. of the Colorado Solid Wastes Disposal Sites and Facilities Act ("the Act") sections
30-20-100.5 to 124, C.R.S., and its implementing regulations, 6 CCR 1007-2 ("the
Regulations"), and section 30-20-1401 through 30-20-1417, C.R.S. (Strategies for Waste Tires).
Collectively, the Solid Waste Act and the Strategies for Waste Tires statute are referred to as the
"Acts". This Consent Order is issued with the express consent of Tire Mountain LLC ("Tire
Mountain") .
STATEMENT OF PURPOSE
1. The mutual objectives of the Division and Tire Mountain in entering into this Consent
Order are:
a. To establish compliance requirements and criteria for the continued operation of
Tire Mountain waste tire monofill facility located at 12311 Weld County Road
41, Hudson, CO 80642 in Weld County, Colorado (the "Facility")
b. To resolve the violations of the Act and the Regulations cited herein and in a
Compliance Advisory and Inspection Report issued to Tire Mountain by the
Division on October 19, 2023 and findings from the June 5 and June 18, 2024
inspections at the Facility.
Tire Mountain LLC
Compliance Order on Consent # 24-08-02-01
Page 1 of 20
DIVISION'S FINDINGS OF FACT AND DETERMINATION OF VIOLATIONS
2. Based upon the Division's investigation into and review of the compliance issues
identified herein, and in accordance with section 30-20-113, C.R.S., the Division has
made the following determinations regarding violations of the Act and the Regulations
associated with Tire Mountain and the Facility.
3. Tire Mountain is a Colorado limited liability company in good standing and registered to
conduct business in the State of Colorado. Colorado Secretary of State Business Center
records list the formation date of the company as December 13, 2022. The principal street
address and mailing address location for Tire Mountain is 1249 S River Rd Unit 303,
Cranbury, NJ 08512.
4. Tire Mountain owns a waste tire monofill facility located at 12311 WCR 41, Hudson, CO
80642 in Weld County, Colorado. The Facility includes sixty-seven (67) monofill cells,
including seven (7) cells that were in the process of being closed. The Facility also has a
truck loading ramp and scale, tire shredding equipment, tire staging and storage areas.
Based on 2022 waste tire facility annual reporting records (Form WT -5), 313,605 tons of
waste tires (approximately 27.8 million waste tires) are being stored at the Facility as
estimated by the Department.
5. Tire Mountain purchased the Facility from CH2E Colorado LLC in April 2023 and has
continuously owned the Facility since that date. The approximately 105 -acre Facility site
is located in Section 32, Township 3 North, Range 65 West of the 6th Principal Meridian
in Weld County, Colorado. Weld County Assessor Records indicate that Tire Mountain's
Facility consists of the following parcels:
a. Parcel 121332000020 (Account R4958786) - 39.5 acres
b. Parcel 121332400037 (Account R8969027) - 37.6 acres
c. Parcel 121332400038 (Account R8969024) - 5.347 acres
d. Parcel 121332400039 (Account R8969025) - 22.696 acres
6. Tire Mountain is a "person", as defined by section 30-20-101(3), C.R.S. and 6 CCR
1007-2, § 1.2, and is subject to the requirements of the Act and the Regulations.
7. Tire Mountain is the current "owner" and "operator" of the Facility, as those terms are
defined by 6 CCR 1007-2, section 1.2.
8. The Board of County Commissioners for Weld County, Colorado (the "Board") is the
governing body having jurisdiction over the Facility.
9. The Weld County Board of County Commissioners has not to date issued a Certificate of
Designation to Tire Mountain for its operations as a waste tire monofill and tire recycling
facility.,
10. Tire Mountain does not to date have a Certificate of Registration from the Department for
the Facility.
Tire Mountain LLC
Compliance Order on Consent # 24-08-02-01
Page 2 of 20
11. On September 28, 2023, the Division conducted an inspection, pursuant to the Division's
authority under section 30-20-113(6), C.R.S., at the Facility for the purpose of
determining compliance with the Act and the Regulations, and to investigate a complaint
that waste tire haulers have been delivering waste tires to Tire Mountain for disposal.
The September 28, 2023 inspection was a joint inspection conducted with the Weld
County Department of Public Health and Environment and the Platteville-Gilcrest Fire
Protection District.
12. Findings documented in the Division's inspection report from the September 28, 2023
inspection included the following:
a. Tire Mountain does not to date possess a valid Certificate of Designation (CD)
issued by Weld County for the operation of the waste tire monofill Facility and
had not submitted an application to Weld County to obtain a new CD for the
Facility.
b. Tire Mountain does not to date have an approved Engineering Design and
Operations Plan (EDOP) for the Facility.
c. Tire Mountain does not to date have an approved Waste Tire Inventory Reduction
Plan for the Facility.
d. Tire Mountain does not to date have a Fire Prevention, Training and Firefighting
Plan that has been approved by the local fire jurisdiction (Plafteville-Gilcrest Fire
Protection District) for the Facility,
e. Tire Mountain does not to date have an approved Closure and Post -Closure Plan
for the Facility.
f. Tire Mountain has not to date established its own financial assurance for any
required reclamation and closure and post -closure care of the Facility
g. Tire Mountain does not to date possess a valid Certificate of Registration from the
Department for the Facility.
h. The Division estimates that Tire Mountain was storing approximately 187,513
passenger tire equivalents (PTEs), including waste tires and tire shreds, in
aboveground piles at the Facility.
i. Tire Mountain was out of compliance with local fire codes (2018 International
Fire Code Chapter 34 — Tire Rebuilding and Tire Storage) for the storage of waste
tires, waste tire shreds, waste tire casings, and tire wire at the Facility. Waste Lire
storage violations noted at the time of inspection included the following:
1) Multiple waste tire piles {Storage Areas SA -3 & SA -6 (18,407 square
feet) and SA -5 and SA -8 (32,038 square feet)} exceeded the 5,000 square
feet limit of continuous area.
2) A minimum separation space of 40 feet was not being maintained between
waste storage areas SA -3 and SA -6; SA -5 and SA -8; and the tire wire pile
directly adjacent to the continuous SAS-5/SA-8 waste tire piles.
3) A minimum distance of 50 feet or greater from the property line was not
being maintained for the storage of waste tires at the Facility. Waste tires
were being stored against the property line at the time of inspection.
j. Tire Mountain was out of compliance with the requirement to control the growth
of vegetation at the Facility to minimize potential fuel sources and maintain the
Tire Mountain LLC
Compliance Order on Consent # 24-08-02-01
Page 3 of 20
monofill's fire access roads. An excessive amount of vegetation and dry
vegetation growth was present throughout the Facility including at the northeast
(SA-3/SA-6, SA -4, SA -5, SA -7, SA -8, and the tire casings pile) and southeast
(SA -9) storage areas. Excessive dry vegetation was also observed throughout the
Facility's (southeast, southwest, northwest, and middle section) monofill fire
access roads and along the monofill cells perimeter, resulting in access roads that
were not maintained.
k. Tire Mountain was out of compliance with the requirement to maintain the
integrity and effectiveness of the final cover of monofill cells. Seven waste tire
monofill cells that were impacted by a July 2020 fire (monofill cells 14-17 and
25-27) had not been completely closed in place. In addition, monofill cells 14-17
and 25-27 had waste tires that were sticking up from the dirt and the area was not
at grade.
13. On October 19, 2023, the Division issued a Compliance Advisory to Tire Mountain for
the deficiencies of the Acts and the Regulations observed at the time of the September 28,
2023 inspection of the Facility.
14. On November 14, 2023, the Division received Tire Mountain's reply to the October 19,
2023 Compliance Advisory.
15. On December 19, 2023 the Division held a Compliance Conference with Tire Mountain
to discuss the September 28, 2023 inspection, the October 19, 2023 Compliance
Advisory, and the current status of the Facility.
16. On February 1, 2024, the Division issued a draft Compliance Order on Consent
("Consent Order") to Tire Mountain regarding the deficiencies cited in the October 19,
2023 Compliance Advisory. The Compliance Order on Consent incorporated the then -
statutory monofill closure date of July 1, 2024, with the option for Tire Mountain to
apply for a further extension.
17. On February 23, 2024, the Division received a Compliance Inspection and Advisory
Status Report from Tire Mountain regarding the Facility's progress in addressing the
deficiencies documented in the October 19, 2023 Compliance Advisory. A March 2024
status report for the Facility was received from Tire Mountain by the Division on March
19, 2024.
18. On April 25, 2024, the Division held a settlement conference with Tire Mountain to
discuss the draft Consent Order and the likelihood of impending legislation passing in the
Colorado Legislature to address an expanded Facility closure date.
19. On May 3, 2024, the Division issued another Compliance Order on Consent (Compliance
Order on Consent Number 24-05-03-01 to Tire Mountain for signature. Tire Mountain
Tire Mountain LLC
Compliance Order on Consent # 24-08-02-01
Page 4 of 20
did not sign the Consent Order and the Order became null and void thirty days after
issuance.
20. On May 21, 2024, Tire Mountain submitted a third -party closure and post -closure cost
estimate for the Facility. The third -party cost estimate was based on the site's prior
Closure and Post -Closure Plan submitted by CH2E and approved by the Division on
January 7, 2022.
21. On June 12, 2024, the Division notified Tire Mountain that a new cost estimate based on
current site conditions is required as part of Tire Mountain CD application, because site
conditions and ownership at the Facility have changed since CH2E's Closure and Post -
Closure Plan was approved by the Division on January 7, 2022.
22. On June S, 2024, the Division conducted an unannounced, complaint, open fields
inspection at the Facility in response to complaints received that Tire Mountain was
receiving waste tires from haulers and waste tires were being processed. Findings
documented in the Division's inspection report from the June 5, 2024 inspection included
the following:
a. Exhaust was coming from processing equipment that was on Tire Mountain's
property.
b. An excavator was in use at a waste tire pile.
c. Shredded waste tires were present next to a conveyor belt, tire shredder, and
excavator.
23. On June 18, 2024, the Division conducted an unannounced, complaint, enforcement
follow-up inspection at the Facility to verify the Facility's current compliance status with
the Acts and the Regulations, and to investigate complaints received by the Division
regarding the receipt and processing of waste tires at the Facility without having the
proper solid waste registrations and permits. The June 18, 2024 inspection was a joint
inspection conducted with the Platteville-Gilcrest Fire Protection District. Prior to the
June 18, 2024 inspection, the State's Division of Fire Prevention & Control provided
drone video footage to the Division documenting active tire shredding operations taking
place at the Facility on June 14, 2024. The drone footage shows a track hoe delivering
waste tires to a tire shredder and the tire shredder shredding the tires and piling the shreds
on the ground via conveyor belt.
24. Findings documented in the Division's July 2024 inspection report from the June 5 and
June 18, 2024 inspections included the following:
a. Tire Mountain does not to date possess a valid Certificate of Designation (CD)
issued by Weld County for the operation of the waste tire monofill Facility and
had not submitted an application to Weld County to obtain a new CD for the
Facility.
b. Tire Mountain does not to date have an approved Engineering Design and
Operations Plan (EDOP) for the Facility to operate a waste tire monofill or
process waste tires.
c. Observation of processing waste tires by shredding waste tire piles and depositing
Tire Mountain LLC
Compliance Order on Consent # 24-08-02-01
Page 5 of 20
the processed tire shreds over the monofill cells tires for cover without having an
approved EDOP for a waste tire processor.
d. Tire Mountain does not to date have an approved Waste Tire Inventory Reduction
Plan for the Facility.
e. Tire Mountain does not to date have a Fire Prevention, Training and Firefighting
Plan that has been approved by the local fire jurisdiction (Platteville-Gilcrest Fire
Protection District) for the Facility,
f. Tire Mountain does not to date have an approved Closure and Post -Closure Plan
for the Facility to operate a waste tire monofill or process waste tires.
g. Observation of waste tire monofill cell closure activities without having an
approved Closure and Post -Closure Plan, as waste tires were being shredded and
deposited as processed tire shreds over the monofill cells tires for cover.
h. Tire Mountain has not to date established financial assurance for any required
reclamation and closure and post -closure care of the Facility.
i. Tire Mountain does not possess a valid Certificate of Registration as a waste tire
monofill or waste tire processor from the Department for the Facility.
j. The Division estimates that Tire Mountain was storing approximately 137,253
passenger tire equivalents (PTEs) in seven (7) aboveground piles at the Facility.
a. East Pile 1:24,462 PTEs
b. East Pile 2: 23,458 PTEs
c. East Pile 3 (small pile): 50 PTEs
d. East Pile 4: 27,451 PTEs
e. East Pile 5: 18,560 PTEs
f. North Pile 1:29,333 PTEs
g. North Pile 2: 13,938 PTEs
k. Tire Mountain was out of compliance with local fire codes (2018 International
Fire Code Chapter 34 — Tire Rebuilding and Tire Storage) for the storage of waste
tires at the Facility. Waste tire storage violations noted at the time of inspection
included the following:
a. Multiple waste tire piles {East Pile 1 (8,256 square feet), East Pile 2
(7,917 square feet), East Pile 4 (7.802 square feet), East Pile 5 (6,264
square feet), and North Pile 1 (5,280 square feet)} exceeded the 5,000
square feet limit of continuous area.
b. The North Pile 1 (15 feet in height) and North Pile 2 (12 feet in height)
waste tire piles exceeded 10 feet in height limit.
c. A minimum separation space of 40 feet was not being maintained between
the North Pile 1 and North Pile 2 waste tire piles (27 feet between the two
piles).
d. A minimum distance of 50 feet or greater from the property line was not
being maintained for the storage of waste tires at the Facility. Waste tires
in the East Pile 4 were being stored against the property line at the time of
inspection, and there was less than 50 feet of separation between the waste
tire piles in the North 1 and North 2 Piles from the northern property line.
e. Tire Mountain was out of compliance with the requirement to control the
growth of vegetation at the Facility to minimize potential fuel sources and
maintain the monofill's fire access roads. Vegetation growth was present
Tire Mountain LLC
Compliance Order on Consent # 24-08-02-01
Page 6 of 20
around the perimeter of the East Tire 2 and East Pile 5 waste tire piles.
Vegetation growth was also observed throughout the Facility's (southeast,
southwest, northwest, and middle section) monofill fire access roads and
vegetation growth was present in monofill cells (middle section of the
monofill). On the southwest side of the property, the fire access roads for
monofill cells 40 and 41 were uneven/not at grade and large tires were
present in the fire access road between monofill cells 41 and 42, resulting
in access roads that were not maintained.
f. Tire Mountain was out of compliance with the requirement to maintain the
integrity and effectiveness of the final cover of monofill cells. Seven waste
tire monofill cells that were impacted by a July 2020 fire (monofill cells
14-17 and 25-27) had not been completely closed in place. In addition,
monofill cells 14-17 and 25-27 had waste tires that were sticking up from
the dirt and the area was not at grade.
25. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire
Mountain failed to possess a valid Certificate of Designation as a waste tire monofill for
the Facility, in violation of C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-2, Sections
1.3.3, 1.3.5, and 10.5.1(A).
26. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire
Mountain failed to have a Department -approved Engineering Design and Operations Plan
for the Facility to operate a waste tire monofill, in violation of C.R.S. Section 30-20-
1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8.
27. At the time of the June 5, 2024 and June 18, 2024 inspections, Tire Mountain failed to
have aDepartment-approved Engineering Design and Operations Plan for waste tire
processing that was occurring at the Facility in violation of C.R.S. Section 30-20-
1412(1)(d) and 6 CCR 1007-2, Section 10.6.9.
28. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire
Mountain failed to have a Department -approved Waste Tire Inventory Reduction Plan for
the Facility, in violation of C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-2, Sections
1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8.
29. At the time of the September 28, 2023inspection, Tire Mountain failed to have a Fire
Prevention, Training and Firefighting Plan that has been approved by the local fire
jurisdiction for the Facility for the waste tire monofill, in violation of C.R.S. Section 30-
20-1415(1)(d) and 6 CCR 1007-2, Sections 10.5.1(B), 10.5.1(N), and 10.5.8.
30. At the time of the June 5 and June 18, 2024 inspections, Tire Mountain failed to have a
Fire Prevention, Training and Firefighting Plan that has been approved by the local fire
jurisdiction for the Facility to process waste tires, in violation of C.R.S. Section 30-20-
1415(1)(d) and 6 CCR 1007-2, Section 10.6.9.
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31. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire
Mountain failed to have aDepartment-approved Closure and Post -Closure Plan for the
Facility to operate a waste tire monofill, in violation of C.R.S. Section 30-20-1415(1)(d)
and 6 CCR 1007-2, Sections 2.5, 2.6, 10.5.1(B), 10.5.9(A), 10.5.9(B) and 10.5.9(C).
32. At the time of the June 5, 2024, and June 18, 2024 inspections, Tire Mountain failed to
have a Department -approved Closure and Post -Closure Plan for the Facility to process
waste tires, in violation of C.R.S. Section 30-20-14125(1)(d) and 6 CCR 1007-2, Section
10.6.10.
33. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire
Mountain had failed to establish and maintain financial assurance for any required
reclamation and closure and post -closure care of the Facility, in violation of C.R.S.
Section 30-20-1415(1)(a) and 6 CCR 1007-2, Sections 2.4.2(G), 4.0, 10.5.1(B), and
10.5.5.
34. At the time of the June 5, 2024, and June 18, 2024 inspections, Tire Mountain had failed
to establish and maintain financial assurance for waste tire processing occurring at the
Facility, in violation of C.R.S. Section 30-20-1412(1)(a) and 6 CCR 1007-2, Sections 4.0
and 10.6.6.
35. At the time of the September 28, 2023, June 5, 2024, and June 18, 2024 inspections, Tire
Mountain failed to possess a valid Certificate of Registration as a waste tire monofill for
the Facility, in violation of C.R.S. Section 30-20-1415(1)(b) and 6 CCR 1007-2, Section
10.5.2.
36. At the time of the June 5, 2024, and June 18, 2024 inspections, Tire Mountain failed to
possess a valid Certificate of Registration as a waste tire processor for the Facility, in
violation of C.R.S. Section 30-20-1412(1)(b) and 6 CCR 1007-2, Section 10.6.3
37. At the time of the September 28, 2023 inspection, Tire Mountain were storing more than
187,000 waste tire passenger tire equivalents in aboveground piles at the Facility, in
violation of C.R.S. Section 30-20-1412(2)(a) and 6 CCR 1007-Z, Section 10.6.2(I).
38. At the time of the June 18, 2024 inspection, Tire Mountain were storing an estimated
137,253 waste tire passenger tire equivalents in seven (7) aboveground piles at the
Facility, in violation of C.R.S. Section 30-20-1412(2)(a) and 6 CCR 1007-2, Section
10.6.2(I).
39. At the time of the September 28, 2023 and June 18, 2024 inspections, Tire Mountain had
failed to comply with local fire codes (2018 International Fire Code Chapter 34 — Tire
Rebuilding and Tire Storage) regarding the storage of piles of waste tires at the Facility,
in violation of C.R.S. 30-20-1412(1)(d) and 30-20-1415(1)(d) and 6 CCR 1007-2,
Sections 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L) and Sections 3405.1, 3405.2 and
3405.4 of Chapter 34 of the 2018 International Fire Code. The specific violations of the
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2018 International Fire Code cited at the time of the September 28, 2023 and June 18,
2024 inspections included:
a. Section 3405.1 — Individual piles — Waste tire piles exceeded 5,000 square feet of
continuous area and waste tire piles were above 10 feet in height.
b. Section 3405.2 — Separation of piles — Waste tire piles were not separated from
other piles by a clear space of not less than 40 feet.
c. Section 3405.4 — Distance from lot lines and buildings — Waste tires were not
stored at a distance of 50 feet or greater from the property line.
40. At the time of the September 28, 2023 and June 18, 2024 inspections, Tire Mountain had
failed to control the growth of vegetation at the Facility to minimize potential fuel
sources and maintain the monofill's fire access roads, in violation of 6 CCR 1007-2,
Sections 10.5.1(C), 10.5.1(D), 10.5.1(N), 10.6.2(B), and 10.6.2(L).
41. At the time of the September 28, 2023 and June 18, 2024 inspections, Tire Mountain had
failed to maintain the integrity and effectiveness of the final cover of monofill cells, in
violation of 6 CCR 1007-2, Section 10.5.9.
TIRE MOUNTAIN'S POSITION ON VIOLATIONS
42. The Facility is planning to be transformed into a beneficial tire recycling operation that
utilizes a pyrolysis process in accordance with Senate Bill 24-123 enacted into law by the
Colorado Legislature (Sections 30-20-1401 - 30-20-1418)(the "Waste Tire Management
Enterprise Act" or the "Act").
43. Any delay alleged by the Division according to paragraph 19 regarding the execution of a
Consent Order was as a result of Tire Mountain awaiting a final determination regarding
the expected legislation and retention of legal counsel as well as the unwillingness of the
Division to modify the closure date expressed in the prior Consent Order to 2034 as
directed by the Legislation rather 2024 than 2026.
44. Tire Mountain was not operating as alleged by the Division during the inspections that
took place on June 5 and June 18, 2024, and was unaware of and never authorized any
receipt of tires from haulers or the processing via shredding that is alleged to have
occurred at the Facility on the dates of inspection.
45. Although the Division has alleged that Tire Mountain has not provided financial
assurance, as correspondence between Tire Mountain and the Division aptly
demonstrates, Tire Mountain offered a bond in a greater amount to replace the cash
provided as financial assurance by the prior owner of the Facility that is currently held by
the Division.
46. As part of the transaction between Tire Mountain and the prior owner, the cash held by
the Division was to be assigned to and received by Tire Mountain once financial
assurance was provided by Tire Mountain and approved by the Division.
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47. Tire Mountain has always intended to apply (and is currently preparing to apply) for a
Certificate of Designation and Certificate of Registration and to finalize and provide the
Division and Weld County with the additional pertinent documents.
48. The Division finds that Tire Mountain's position statement is not consistent with the
information gathered during the Division's inspections and investigation of the incidents
described herein, and the inclusion of Tire Mountain's position statement in this order
should not be construed to constitute any admission or agreement by the Division as to
the content of the position statement.
ORDER AND AGREEMENT
49. Based on the foregoing factual and legal determinations, pursuant to its authority under
section 30-20-113, C.R.S., and as a result of the violations cited herein, the Division
orders the Parties to comply with all provisions of this Consent Order, including all
requirements set forth below.
50. Tire Mountain agrees to the terms and conditions of this Consent Order. Tire Mountain
agrees that this Consent Order constitutes an order issued pursuant to section 30-20-113,
C.R.S., and is an enforceable requirement of Part 1 of the Act. Tire Mountain also agrees
not to challenge directly or collaterally, in any judicial or administrative proceeding
brought by the Division to enforce this Consent Order or by Tire Mountain against the
Division:
a. the issuance of this Consent Order;
b. the factual and legal determinations made by the Division herein; and
c. the Division's authority to bring, or the court's jurisdiction to hear, any action
to enforce the terms of this Consent Order under the Act.
51. Notwithstanding the above, Tire Mountain does not admit to any of the factual or legal
determinations made by the Division herein, and any action undertaken by Tire Mountain
pursuant to this Consent Order shall not constitute evidence of fault by Tire Mountain
with respect to the conditions of the Facility. Tire Mountain expressly reserves its rights
to deny any of the Division's factual or legal determinations or defend itself in any
proceeding relating to the information identified in this Consent Order.
Compliance Requirements
52. By October 29, 2024, Tire Mountain shall submit an application to Weld County for a
new Certificate of Designation for the Facility in accordance with C.R.S. Section 30-20-
1415(1)(d) and 6 CCR 1007-2, Sections 1.3.3, 1.3.5, and 10.5.1(A). The CD application
must include:
a. An Engineering Design and Operations Plan (EDOP) in accordance with C.R.S.
Sections 30-20-1412(1)(d) and 30-20-1415(1)(d) and 6 CCR 1007-2, Sections
1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8, and 10.6.9;
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b. A Fire Prevention, Training and Firefighting Plan in accordance with C.R.S.
Sections 30-20-1412(1)(d) 30-20-1415(1)(d) and 6 CCR 1007-2, Sections
10.5.1(B), 10.5.1(N), and 10.5.8, and 10.6.9.
c. A Waste Tire Inventory Reduction Plan in accordance with C.R.S. Section 30-20-
1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8;
d. A closure and post -closure plan in accordance with C.R.S. Section 30-20-
1415(1)(d) and 6 CCR 1007-2, Sections 2.5, 2.6, 10.5.1(B), 10.5.9(A), 10.5.9(B)
and 10.5.9(C) for a phased closure of the waste tire monofill at the Facility by
July 1, 2034,
e. A closure and post -closure plan in accordance with C.R.S. Section 30-20-
1412(1)(d) and 6 CCR 1007-2, Section 10.6.10 for waste tire processing at the
Facility by July 1, 2034, and
E A detailed written estimate on the costs of hiring a third party to close the facility
and conduct post -closure care of the Facility, in accordance with C.R.S. Sections
30-20-1412(1)(a) and 30-20-1415(1)(a) and 6 CCR 1007-2, Sections 4.2, 4.3,
10.5.5, and 10.6.6.
53. Within thirty (30) calendar days of the Department's approval of the revised financial
assurance cost estimates for closure and post -closure care of the Facility, Tire Mountain
will establish and maintain the required financial assurance for the Facility, in accordance
with C.R.S. Sections 30-20-1412(1)(a), 30-20-1412(2)(a), and 30-20-1415(1)(a) and 6
CCR 1007-2, Sections 4.6, 10.5.5, 10.6.2(I), and 10.6.6.
54. Within thirty (30) calendar days of establishment of financial assurance for the Facility
and Department approval of the Facility's EDOP, Tire Mountain shall obtain a valid
Certificate of Registration from the Department for the total operations at the Facility in
accordance with C.R.S. Sections 30-20-1412(1)(b) and 30-20-1415(1)(b) and 6 CCR
1007-2, Sections 10.5.2, and 10.6.3.
55. By August 30, 2024, Tire Mountain shall ensure that the Facility is in compliance with
the local fire codes (2018 International Fire Code Chapter 34 — Tire Rebuilding and Tire
Storage) for the storage of waste tires and aboveground storage piles at the Facility, in
accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20-1415(1)(d) and 6 CCR
1007-2, Section 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L). Tire Mountain shall
submit documentation (including photographs) within thirty (30) calendar days of
completion to confirm the Facility's return to compliance.
56. By August 30, 2024, Tire Mountain shall ensure that the growth of vegetation at the
Facility is controlled to minimize potential fuel sources, and will maintain the Facility's
fire access roads, in accordance with 6 CCR 1007-2, Sections 10.5.1(C), 10.5.1(D),
10.5.1(N), 10.6.2(B), and 10.6.2(L). The Tire Mountain shall submit documentation
(including photographs) within thirty (30) calendar days of completion to confirm the
Facility's return to compliance.
57. By October 1, 2024, Tire Mountain shall repair the damaged cover for monofill cells 14-
17 and 25-27 and shall ensure that the integrity and effectiveness of the final cover of
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monofill cells at the Facility are maintained in accordance with 6 CCR 1007-2, Section
10.5.9. Tire Mountain shall submit documentation (including photographs) within thirty
(30) calendar days of completion to confirm the Facility's return to compliance.
58. Beginning August 30, 2024 and continuing through the completion of all compliance
requirements of this Consent Order, Tire Mountain shall submit brief progress reports in
writing to the Division, each quarter no later than the 10th day of the first month of each
quarter, which include the following information:
a. A summary description of all waste tire activities and monofill cell closure
activities performed during the previous month, including the estimated number
of waste tires removed from the Facility, and the estimated number of waste tires
remaining at the Facility;
b. Copies of manifest records in accordance with Section 10.3.4 of the Regulations
to document that all waste tires removed from the Facility were removed by a
registered Waste Tire Hauler and delivered to a registered waste tire destination
facility;
c. Copies of other records, including, but not limited to bills of lading, receipts,
weight tickets, manifests, or other documentation showing that all tire -derived
products were sold to an in -state End User in accordance with Section 10.9 or to
an out of state end user; and
d. A summary description of activities expected to be performed in the upcoming
month.
59. All documents submitted under this Consent Order shall use the same titles as stated in
this Consent Order and shall reference both the number of this Consent Order and the
number of the paragraph pursuant to which the document is required. No plan submitted
for Division approval under this Consent Order may be implemented unless and until
written approval is received from the Division. Any approval by the Division of a plan
submitted under this Consent Order is effective upon receipt by Tire Mountain. All
approved plans, including all procedures and schedules contained in the plans, are hereby
incorporated into this Consent Order, and shall constitute enforceable requirements under
the Act.
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Administrative Penalty
60. Based upon the penalty adjustment factors set forth in the Division's Solid Waste Penalty
Policy, and consistent with other Departmental policies for violations of the Act and its
implementing regulations, the Division and the Parties agree to the assessment of Fifteen
Thousand ($15,000) in administrative penalties. The Parties agree to make the full
payment within sixty (60) calendar days of the effective date of this Consent Order.
Method of payment shall be by certified or cashier's check drawn to the order of
"Colorado Department of Public Health and Environment," and delivered to the attention
of Randy Perila, Colorado Department of Public Health and Environment, Hazardous
Materials and Waste Management Division, Mail Code: HMWMD-B2, 4300 Cherry
Creek Drive South, Denver, Colorado 80246-1530.
SCOPE AND EFFECT OF CONSENT ORDER
61. Tire Mountain agree and acknowledge that this Consent Order constitutes a full and final
settlement of the violations cited herein. This Consent Order is final agency action. Tire
Mountain agrees not to appeal this Consent Order. The Division may enforce this
Consent Order in District Court and may seek civil penalties of up to Ten Thousand
Dollars ($10,000) per violation each day of any violation of this Consent Order.
Alternatively, the Division may seek administrative penalties for any violation of this
Consent Order as provided by section 30-20-113, C.R.S.
62. The Division's and the Tire Mountain's obligations under this Consent Order are limited
to the matters expressly stated herein or in approved submissions required hereunder. All
approved submissions made pursuant to this Consent Order are incorporated into this
Consent Order and become enforceable under the terms of this Consent Order as of the
date of approval by the Division.
63. The Division's approval of any submission, standard, or action under this Consent Order
shall not constitute a defense to, or an excuse for, any prior violation of the Act not
specifically cited herein, or any subsequent violation of any requirement of this Consent
Order, the Act, or the Regulations.
64. Notwithstanding paragraph 51 above or 68 below, the violations described in this
Consent Order will constitute part of the Tire Mountain's compliance history.
65. Tire Mountain shall comply with all applicable Federal, State, and/or local laws in
fulfillment of its obligations hereunder and shall obtain all necessary approvals and/or
permits to conduct the activities required by this Consent Order. The Division makes no
representation with respect to approvals and/or permits required by Federal, State, or
local laws other than those specifically referred to herein.
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LIMITATIONS, RELEASES AND RESERVATION OF
RIGHTS AND LIABILITY
66. Upon the effective date of this Consent Order, and until the Division approves
completion of all required actions in this Consent Order, this Consent Order shall stand in
lieu of any other enforcement action by the Division with respect to the specific instances
of violations cited herein and in the compliance advisory cited in paragraph 1.b. The
Division reserves the right to bring any action to enforce this Consent Order, including
actions for penalties and/or injunctive relief.
67. This Consent Order does not grant any release of liability for any violations not
specifically cited herein.
68. Tire Mountain reserves its rights and defenses regarding the Facility other than
proceedings to enforce this Consent Order.
69. Nothing in this Consent Order shall preclude the Division from imposing additional
requirements necessary to protect human health or the environment and to effectuate the
purposes of this Consent Order. Nor shall anything in this Consent Order preclude the
Division from imposing additional requirements in the event that additional information
is discovered that indicates such requirements are necessary to protect human health or
the environment. Any such additional requirements shall be subject to, and disputes
regarding such requirements shall be resolved in accordance with, the Dispute Resolution
process provided for in paragraphs 79 through 82 below.
70. Tire Mountain releases and covenants not to sue the State of Colorado or its employees,
agents or representatives as to all common law or statutory claims or counterclaims or for
any injuries or damages to persons or property resulting from acts or omissions of Tire
Mountain, or those acting for or on behalf of Tire Mountain , including their officers,
employees, agents, successors, representatives, contractors, consultants or attorneys in
carrying out activities pursuant to this Consent Order. Tire Mountain shall not hold out
the State of Colorado or its employees, agents or representatives as (a) a party to any
contract entered into by Tire Mountain in carrying out activities pursuant to this Consent
Order; or (b) an owner or operator of the Facility. Nothing in this Consent Order shall
constitute an express or implied waiver of immunity otherwise applicable to the State of
Colorado, its employees, agents or representatives.
OFFSITE ACCESS
71. To the extent any plan submitted by Tire Mountain requires access to property not owned
or controlled by Tire Mountain, Tire Mountain, shall use its best efforts to obtain site
access from the present owners of such property to conduct required activities, and to
allow Division access to such property to oversee such activities. In the event that site
access is not obtained when necessary, Tire Mountain shall notify the Division in writing
regarding its best efforts and its failure to obtain such access.
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SITE ACCESS AND SAMPLING
72. The Division shall be permitted to oversee any and all work being performed under this
Consent Order. The Division shall be permitted access to the Facility property at any
time work is being conducted pursuant to this Consent Order, and during reasonable
business hours during any period work is not being conducted, for the purposes of
determining Tire Mountain's compliance with the Act, the Regulations, and this Consent
Order. The Division shall be permitted to inspect work sites, operating and field logs,
contracts, manifests, shipping records, and other relevant records and documents relating
to this Consent Order or any requirement under this Consent Order and to interview
personnel and contractors performing work required by this Consent Order for Tire
Mountain. Nothing in this paragraph limits or impairs the Division's statutory authorities
to enter and inspect the Facility.
73. The Division may conduct any tests necessary to ensure compliance with this Consent
Order and to verify the data submitted by Tire Mountain. Tire Mountain shall notify the
Division in writing of any sampling activities undertaken pursuant to any plan or
requirement of this Consent Order a minimum of seventy-two (72) hours prior to the
sampling being conducted and shall provide split samples to the Division upon request.
74. Tire Mountain shall notify the Division in writing of any excavation, construction
(including the construction of monitoring wells) or other investigatory or remedial
activities undertaken pursuant to any plan or requirement of this Consent Order a
minimum of seventy-two (72) hours prior to beginning the excavation, construction, or
required activity. Tire Mountain shall provide the Division any blueprint, diagram,
construction or other permits for any construction activity undertaken pursuant to this
Consent Order upon request.
FORCE MAJEURE
75. Tire Mountain shall perform the requirements of this Consent Order within the schedules
and time limits set forth herein and in any approved plan unless the performance is
prevented or delayed by events that constitute a force maj eure. A force maj eure is
defined as any event arising from causes which are not reasonably foreseeable, which are
beyond the control of Tire Mountain, and which cannot be overcome by due diligence.
76. Within seventy-two (72) hours of the time that Tire Mountain know or have reason to
know of the occurrence of any event which Tire Mountain have reason to believe may
prevent Tire Mountain from timely compliance with any requirement under this Consent
Order, Tire Mountain shall provide verbal notification to the Division. Within seven (7)
calendar days of the time that Tire Mountain knows or has reason to know of the
occurrence of such event, Tire Mountain shall submit to the Division a written
description of the event causing the delay, the reasons for and the expected duration of
the delay, and actions which will be taken to mitigate the duration of the delay.
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77. The burden of proving that any delay was caused by a force majeure shall at all times rest
with Tire Mountain. If the Division agrees that a force majeure has occurred, the
Division will so notify Tire Mountain. The Division will also approve or disapprove of
Tire Mountain's proposed actions for mitigating the delay. If the Division does not agree
that a force majeure has occurred, or if the Division disapproves of the Tire Mountain's
proposed actions for mitigating the delay, it shall provide a written explanation of its
determination to Tire Mountain. Pursuant to the Dispute Resolution section, within
fifteen (15) calendar days of receipt of the explanation, Tire Mountain may file an
objection.
78. Delay in the achievement of one requirement shall not necessarily justify or excuse delay
in the achievement of subsequent requirements. In the event any performance under this
Consent Order is found to have been delayed by a force majeure, Tire Mountain shall
perform the requirements of this Consent Order that were delayed by the force majeure
with all due diligence.
DISPUTE RESOLUTION
79. If the Division determines that additional requirements are necessary pursuant to
paragraph 69; that a violation of this Consent Order has occurred, that a force majeure
has not occurred; that the actions taken by Tire Mountain to mitigate the delay caused by
a force majeure are inadequate; or that Tire Mountain 's Notice of Completion should be
rejected pursuant to paragraph 87, the Division shall provide a written explanation of its
determination to Tire Mountain. Within fifteen (15) calendar days of receipt of the
Division's determination, Tire Mountain shall:
a. Submit a notice of acceptance of the determination; or
b. Submit a notice of dispute of the determination.
If Tire Mountain fails to submit either of the above notices within the specified time, Tire
Mountain will be deemed to have accepted the Division's determination.
80. If the Division disapproves or approves with modifications any original or revised plan
submitted by Tire Mountain pursuant to this Consent Order, the Division shall provide a
written explanation of the disapproval or approval with modifications. Within fifteen
(15) days of receipt of the Division's approval with modifications or disapproval of the
plan, Tire Mountain shall:
a. In the case of an approval with modifications only, submit a notice of acceptance
of the plan as modified and begin to implement the modified plan;
b. In the case of a disapproval only, submit a revised plan for Division review and
approval Tire Mountain may not select this option if the Division has included in
its disapproval an alternate plan that shall be implemented by Tire Mountain or
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c. Submit a notice of dispute of the disapproval or approval with modifications.
If Tire Mountain fails to do any of the above within the specified time, Tire Mountain
shall be deemed to have failed to comply with the Consent Order, and the Division may
bring an enforcement action, including an assessment of penalties.
81. If Tire Mountain submits a revised plan, the plan shall respond adequately to each of the
issues raised in the Division's written explanation of the disapproval or approval with
modifications. The Division may determine that failure to respond adequately to each of
the issues raised in the Division's written explanation constitutes a violation of this
Consent Order. The Division shall notify Tire Mountain in writing of its approval,
approval with modifications, or disapproval of the revised plan. If the Division
disapproves the revised plan, it may include in its disapproval a plan for implementation
by Tire Mountain. Such disapproval and plan shall be deemed effective and subject to
appeal in accordance with the Act and the Colorado State Administrative Procedures Act,
sections 24-4-101 through 108, C.R.S. (the "APA"), unless Tire Mountain submits a
notice of dispute, pursuant to paragraph 80 above, of the Division's disapproval and plan
for implementation. All requirements and schedules of the Division's plan shall not
become effective pending resolution of the dispute.
82. If Tire Mountain files any notice of dispute pursuant to paragraph 79, 80, or 81 the notice
shall specify the particular matters in the Division's determination that Tire Mountain
seeks to dispute, and the basis for the dispute. Matters not identified in the notice of
dispute shall be deemed accepted by Tire Mountain. The Division and Tire Mountain
shall have thirty (30) calendar days from the receipt by the Division of the notification of
dispute to reach an agreement, during which time Tire Mountain must provide any
additional evidence or argument to the administrative record. If agreement cannot be
reached on all issues within this thirty (30) day period, the Division shall confirm or
modify its decision within an additional fourteen (14) days, and the confirmed or
modified decision shall be deemed effective upon receipt, a final agency action, and
subject to appeal in accordance with the Act and the APA, § 24-4-106, C.R.S.
NOTICES
83. Unless otherwise specified, any report, notice or other communication required under the
Consent Order shall be sent to:
For the Division:
Shana Baker, Waste Tires Work Leader
Solid Waste and Materials Management Program
Colorado Department of Public Health and Environment
Mail Code: H D -B2
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530
shana.baker@state.co.us
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For Tire Mountain:
With a copy to:
Nick Campanella
Tire Mountain LLC
1249 S. River Rd Unit 303
Cranbury, NJ 08512
nick mswrecvcler. com
John D. Fognani
Haynes and Boone, LLP
675 15th Street, Suite 2200
Denver, CO 80202
john.fognani@haynesboone.com
OBLIGATIONS UNAFFECTED BY BANKRUPTCY
84. The obligations set forth herein are based on the Division's police and regulatory
authority. These obligations require specific performance by Tire Mountain of corrective
actions carefully designed to prevent on -going or future harm to public health or the
environment, or both. Enforcement of these obligations is not stayed by a petition in
bankruptcy. Tire Mountain agrees that the penalties set forth in this Consent Order are
not in compensation of actual pecuniary loss. Further, the obligations imposed by this
Consent Order are necessary for Tire Mountain and the Facility to achieve and maintain
compliance with State law.
REIMBURSEMENT OF COSTS
85. Pursuant to section 30-20-109(2)(b), C.R.S, Tire Mountain shall reimburse the Division
for all costs incurred by the Division pursuant to this Consent Order, including, but not
limited to document review and activity fees. Payment is due thirty (30) calendar days
after billing by the Division.
MODIFICATIONS
86. This Consent Order may be modified only upon mutual written agreement of the Division
and Tire Mountain.
COMPLETION OF REQUIRED ACTIONS
87. Tire Mountain shall submit a Notice of Completion to the Division upon satisfactory
completion of all requirements of this Consent Order. The Division shall either accept or
reject Tire Mountain's Notice of Completion in writing within thirty (30) calendar days
of receipt. If the Division rejects Tire Mountain's Notice of Completion, it shall include
in its notice a statement identifying the requirements that the Division considers
incomplete or not satisfactorily performed and a schedule for completion. Tire Mountain
shall, within fifteen (15) calendar days of receipt of the Division's rejection, either:
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a. Submit a notice of acceptance of the determination; or
b. Submit a notice of dispute.
If Tire Mountain fails to submit either of the above notices within the specified time, Tire
Mountain will be deemed to have accepted the Division's determination.
NOTICE OF EFFECTIVE DATE
88. This Consent Order shall be effective on the date signed by the last party.
BINDING EFFECT AND AUTHORIZATION TO SIGN
89. This Consent Order is binding upon Tire Mountain and its corporate subsidiaries or
parents, their officers, directors, employees, successors in interest, and assigns. The
undersigned warrant that they are authorized to legally bind their respective principals to
this Consent Order. Tire Mountain agrees to provide a copy of this Consent Order to any
contractors and other agents performing work pursuant to this Consent Order and require
such agents to comply with the requirements of this Consent Order. In the event that a
party does not sign this Consent Order within thirty (30) calendar days of the other party's
signature, this Consent Order becomes null and void. This Consent Order may be
executed in multiple counterparts, each of which shall be deemed an original, but all of
which shall constitute one and the same Consent Order.
Tire Mountain LLC
Compliance Order on Consent # 24-08-02-01
Page 19 of 20
FOR TIRE MOUNTAIN LLC:
/tArEct.id_
08/05/2024
Nick Campanella, President and CEO Date
FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT:
DavidDigitally signed by David Snapp
Snapp Date: 2024.08.05 16:29:22 -06'00' David Snapp signing for Ed Smith
Edward Smith, Unit Leader
Solid Waste Compliance Assurance Unit
Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division
Approved as to form:
Digitally signed by Michelle
Michelle Hickerson Hickerson
Date: 2024.08.05 17:16:28 -06'00'
Michelle Hickerson #52436*
Assistant Attorney General
Natural Resources and Environment Section
Attorney for the Department
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 7th Floor
Denver, Colorado 80203
Telephone: (720) 508-6453
*Counsel of Record
Tire Mountain LLC
Compliance Order on Consent # 24-08-02-01
Page 20 (120
08/05/2024
Date
Date
Colorado Department of Public Health &Environment (CDPHE)
Compliance Order on Consent 24-08-02-07 (COC)
Tire Mountain LLC • Status Report • September 28, 2024
Submitted by:
Nick Campanella, CEO
nick@mswrecycler.com
Tire Mountain LLC
Facility: 12311 Weld County Road 41, Hudson, CO 80642
Business: 1249 South River Road, Unit 303, Cranbury, NJ 08512
Submitted to:
Shana Baker, Waste Tires Work Leader
shana.bakeri@state.co.us
Colorado Department of Public Health & Environment (CDPHE, the Division)
Solid Waste Administration & Waste Tire Compliance Unit
Solid Waste & Materials Management Program
Hazardous Materials & Waste Management Division
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
0 DOCUMENT LOG 3
1 COC ACTION PLAN & STATUS REPORT 4
2 COC REQUIREMENT 1152 • (NEW) CERTIFICATE OF DESIGNATION (CD) APPLICATION • SUBMITTED 4
3 COC REQUIREMENT1153 53 • FINANCIAL ASSURANCE • PENDING DEPT REVIEW 5
4 COC REQUIREMENT 54 • CERTIFICATE(S) OF REGISTRATION • PENDING EDOP APPROVAL 5
5 COC REQUIREMENT ¶ 55 • ABOVEGROUND STORAGE • IN COMPLIANCE 5
6 COC REQUIREMENT 56 • VEGETATION CONTROL & MAINTENANCE • IN COMPLIANCE 5
7 COC REQUIREMENTT57 57 • CLOSED MONOFILL CELLS COVER • IN COMPLIANCE 6
8 COC REQUIREMENT 1158 • QUARTERLY PROGRESS REPORT SUBMITTAL • ONGOING 6
9 COC REQUIREMENT 1160 • ADMINISTRATIVE PENALTY PAYMENT • PENDING 7
2
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
0 Document Log
Date Party
Action Document(s) Issued
9/28/2024 Tire Mountain LLC Status report #03 issued:
1152 • New CD Application: SUBMITTED
1153 • Financial Assurance: PENDING DEPT REVIEW
1154 • Cert(s) of Registration: PENDING EDOP APPROVAL
1155 • Aboveground Storage: IN COMPLIANCE
1156 • Vegetation: IN COMPLIANCE
1157 • Closed Monofill Cells Cover: IN COMPLIANCE
1158 • Quarterly Progress Report: ONGOING
1160 • Administrative Penalty: PAYMENT PENDING
This document
9/17/2024 Tire Mountain LLC Status report #02 issued:
1155 • Aboveground Storage: IN COMPLIANCE
1157 • Closed Monofill Cells Cover: IN COMPLIANCE
Tire Mountain LLC - CDPHE -
Compliance Order on Consent 24-08-
02-01 - Status Report 240917 w
Attachments
9/5/2024 Tire Mountain LLC Status report #01 issued
Tire Mountain LLC - CDPHE -
Compliance Order on Consent 24-08-
02-01 - Status Report 240905.pdf
8/5/2024 CDPHE & Compliance Order on Consent (COC) 24-08-02-01 issued
Tire Mountain LLC & signed
6/18/2024 CDPHE
Compliance Inspection - unannounced, complaint, Notice of Inspection
enforcement follow-up inspection
6/5/2024 CDPHE
Compliance Inspection - unannounced, complaint, open
fields inspection
Notice of Inspection
10/19/2023 CDPHE Compliance Advisory issued
Compliance Advisory and Inspection
Report issued to Tire Mountain by the
Division on October 19, 2023
3
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
1 COC Action Plan 81 Status Report
The Division (CDPHE) issued to Tire Mountain (TM) a Compliance Order on Consent (COC) to:
- Establish compliance requirements and criteria for the continued operation of the Tire Mountain waste tire
monofill facility located at 12311 Weld County Road 41, Hudson, CO 80642 in Weld County, Colorado (the
"Facility")
- Resolve the violations of the Act and the Regulations cited in a Compliance Advisory and Inspection Report
issued to TM by the Division on October 19, 2023 and the findings from the June 5 and June 18, 2024
inspections at the Facility
This document has been prepared to communicate TM's action plan and the current status of the efforts to resolve
the deficiencies as stated in the COC.
2 COC Requirement ifi 52 • (New) Certificate of Designation (CD) Application • SUBMITTED
COC Requirement:
By October 29, 2024, Tire Mountain shall submit an application to Weld County for a new Certificate of Designation
(CD) for the Facility in accordance with all Regulations.
The CD application must include:
a. An Engineering Design and Operations Plan (EDOP) in accordance with C.R.S. Sections 30-20-1412(1)(d)
and 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8, and 10.6.9;
b. A Fire Prevention, Training and Firefighting Plan in accordance with C.R.S. Sections 30-20-1412(1)(d) 30-
20-1415(1)(d) and 6 CCR 1007-2, Sections 10.5.1(B), 10.5.1(N), and 10.5.8, and 10.6.9.
c. AWaste Tire Inventory Reduction Plan in accordance with C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-
2, Sections 1.3.9, 10.5.103)110.5.1(J), and 10.5.8;
d. A closure and post -closure plan in accordance with C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-2,
Sections 2.5, 2.6, 10.5.1(B), 10.5.9(A), 10.5.9(B) and 10.5.9(C) for a phased closure of the waste tire
monofill at the Facility by July 1, 2034,
e. A closure and post -closure plan in accordance with C.R.S. Section 30-20-1412(1)(d) and 6 CCR 1007-2,
Section 10.6.10 for waste tire processing at the Facility by July 1, 2034, and
f. A detailed written estimate on the costs of hiring a third party to close the facility and conduct post -closure
care of the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a) and 30-20-1415(1)(a) and 6 CCR
1007-2, Sections 4.2, 4.3, 10.5.5, and 10.6.6.
Status:
The Facility team met with Weld County Department of Planning Services on Friday August 30, 2024 to discuss the
requirements for the application of a new CD.
This new CD application is essentially a duplicate of the CD currently attached to the Facility (and its prior owner).
On September 28, 2024, the new CD application has been submitted to Weld County Department of Planning
Services. The application includes all of the requirements listed above (a. —f.).
4
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
3 COC Requirement 1153 • Financial Assurance • PENDING DEPT REVIEW
COC Requirement:
Within thirty (30) calendar days of the Department's approval of the revised financial assurance cost estimates for
closure and post -closure care of the Facility, Tire Mountain will establish and maintain the required financial
assurance for the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a), 30-20-1412(2)(a), and 30-20-
1415(1)(a) and 6 CCR 1007-2, Sections 4.6, 10.5.5, 10.6.2(1), and 10.6.6.
Status: None at this time
4 COC Requirement 1154 • Certificate(s) of Registration • PENDING EDOP APPROVAL
COC Requirement:
Within thirty (30) calendar days of establishment of financial assurance for the Facility and Department approval
of the Facility's EDOP, Tire Mountain shall obtain a valid Certificate of Registration from the Department for the
total operations at the Facility in accordance with C.R.S. Sections 30-20-1412(1)(b) and 30-20-1415(1)(b) and 6
CCR 1007-2, Sections 10.5.2, and 10.6.3.
Status: None at this time
5 COC Requirement 1155 • Aboveground Storage • IN COMPLIANCE
COC Requirement:
By August 30, 2024, Tire Mountain shall ensure that the Facility is in compliance with the local fire codes (2018
International Fire Code Chapter 34 - Tire Rebuilding and Tire Storage) for the storage of waste tires and
aboveground storage piles at the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20-
1415(1)(d) and 6 CCR 1007-2, Section 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L). Tire Mountain shall submit
documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's
return to compliance.
Status:
The Facility is in compliance with local fire codes related to the storage of waste tires and aboveground storage
piles as follows:
- Individual aboveground piles are sized at < 65' W x 65' L :10' H
- Individual aboveground piles are > 50' from a property boundary or building
- Individual aboveground piles are > 40' from an adjacent aboveground tire storage area or tire cell
The Facility is in contact (and has met) with Platteville-Gilcrest Fire Protection District Inspector Dave Sutton, Fire
Prevention Specialist regarding the same.
See prior Status Reports.
6 COC Requirement 1156 • Vegetation Control 8! Maintenance • IN COMPLIANCE
COC Requirement:
5
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
By August 30, 2024, Tire Mountain shall ensure that the growth of vegetation at the Facility is controlled to minimize
potential fuel sources, and will maintain the Facility's fire access roads, in accordance with 6 CCR 1007-2,
Sections 10.5.1(C), 10.5.1(D), 10.5.1(N), 10.6.2(B), and 10.6.2(L). The Tire Mountain shall submit documentation
(including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to
compliance.
Status:
The Facility is now in compliance with this requirement and excessive vegetation growth and dry vegetation
throughout the Facility has been removed as follows:
- All fire roads are cleared of vegetation & debris
- 100c/0 of excess vegetation has now been removed from open areas & around the tire cells
- The perimeter of every tire cell has been `manicured' & all excess vegetation has been removed
- Seasonal weed control will be implemented on a regular basis to maintain compliance
The Facility is in constant contact and has met with Platteville-Gilcrest Fire Protection District Inspector Dave
Sutton, Fire Prevention Specialist regarding the same.
See prior Status Reports.
7 COC Requirement 1157 • Closed Monofill Cells Cover • IN COMPLIANCE
COC Requirement:
By October 1, 2024, Tire Mountain shall repair the damaged cover for monofill cells 14-17 and 25-27 and shall
ensure that the integrity and effectiveness of the final cover of monofill cells at the Facility are maintained in
accordance with 6 CCR 1007-2, Section 10.5.9. Tire Mountain shall submit documentation (including photographs)
within thirty (30) calendar days of completion to confirm the Facility's return to compliance.
Status:
The Facility has hired a 3rd party vendor to import additional dirt/fill material to complete the coverage of this area
which includes the monofill cells numbered 14 -17 and 25 - 27.
The material has been delivered to the Facility, has been spread and compacted over the affected area, and at this
time, this requirement is 100% complete.
See prior Status Reports.
8 COC Requirement ¶ 58 • Quarterly Progress Report Submittal • ONGOING
COC Requirement:
Beginning August 30, 2024 and continuing through the completion of all compliance requirements of this Consent
Order, Tire Mountain shall submit brief progress reports in writing to the Division, each quarter no later than the
10th day of the first month of each quarter, which include the following information:
a. A summary description of all waste tire activities and monofill cell closure activities performed during the
previous month, including the estimated number of waste tires removed from the Facility, and the
estimated number of waste tires remaining at the Facility;
6
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
b. Copies of manifest records in accordance with Section 10.3.4 of the Regulations to document that allwaste
tires removed from the Facility were removed by a registered Waste Tire Hauler and delivered to a registered
waste tire destination facility;
c. Copies of other records, including, but not limited to bills of lading, receipts, weight tickets, manifests, or
other documentation showingthat alltire-derived products were sold to an in -state End User in accordance
with Section 10.9 or to an out of state end user; and
d. A summary description of activities expected to be performed in the upcoming month.
Status:
Date
Document Issued
10/10/25
Q3-2025 Quarterly Progress Report due per COC Requirement 1158
7/10/25
Q2-2025 Quarterly Progress Report due per COC Requirement 1158
4/10/25
Q1-2025 Quarterly Progress Report due per COC Requirement 1158
1/10/25
Q4-2024 Quarterly Progress Report due per COC Requirement 1158
10/10/24
Q3-2024 Quarterly Progress Report due per COC Requirement 1158
9/28/24
Status Report # 03 submitted to the Division
9/17/24
Status Report # 02 submitted to the Division
9/5/24
Status Report # 01 submitted to the Division
9 COC Requirement 11 64 • Administrative Penalty Payment • PENDING
COC Requirement:
Based upon the penalty adjustment factors set forth in the Division's Solid Waste Penalty Policy, and consistent
with other Departmental policies for violations of the Act and its implementing regulations, the Division and the
Parties agree to the assessment of Fifteen Thousand (515,000) in administrative penalties.
The Parties agree to make the full payment within sixty (60) calendar days of the effective date of this Consent Order
(i.e., October 5, 2024).
Method of payment shall be by certified, or cashier's check drawn to the order of Colorado Department of Public
Health and Environment and shall be delivered to the attention of:
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Mail Code: HMWMD-B2
Attention: Randy Perila
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Status: None at this time
Colorado Department of Public Health 81 Environment (CDPHE)
Compliance Order on Consent 24-08-02-07 (COC)
Tire Mountain LLC • Status Report • September 17, 2024
Submitted by:
Nick Campanella, CEO
nick@mswrecycler.com
Tire Mountain LLC
Facility: 12311 Weld County Road 41, Hudson, CO 80642
Business: 1249 South River Road, Unit 303, Cranbury, NJ 08512
Submitted to:
Shana Baker, Waste Tires Work Leader
shana.bakeri@state.co.us
Colorado Department of Public Health & Environment (CDPHE, the Division)
Solid Waste Administration & Waste Tire Compliance Unit
Solid Waste & Materials Management Program
Hazardous Materials & Waste Management Division
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
0 DOCUMENT LOG 3
1 COC ACTION PLAN & STATUS REPORT 4
2 COC REQUIREMENT 1155 • ABOVEGROUND STORAGE • IN COMPLIANCE 4
3 COC REQUIREMENT 1157 • CLOSED MONOFI LL CELLS COVER INTEGRITY & EFFECTIVENESS • IN COMPLIANCE4
4
4 ATTACHMENTS 5
2
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
0 Document Log
Date Party
Action Document(s) Issued
9/17/2024 Tire Mountain LLC Status report #02 issued
COC Requirements:
1155 • Aboveground Storage - in
compliance
57 • Closed Monofill Cells Cover
Integrity & Effectiveness - in compliance
This document
9/5/2024
Tire Mountain LLC Status report #01 issued
Tire Mountain LLC - CDPHE - Compliance
Order on Consent 24-08-02-01 - Status
Report 240905. pdf
8/5/2024
CDPHE & Compliance Order on Consent (COC) 24 -
Tire Mountain LLC 08-02-01 issued & signed
6/18/2024 CDPHE
Compliance Inspection - unannounced,
complaint, enforcement follow-up
inspection
Notice of Inspection
6/5/2024 CDPHE
Compliance Inspection - unannounced,
complaint, open fields inspection
Notice of Inspection
10/19/2023
CDPHE Compliance Advisory issued
Compliance Advisory and Inspection
Report issued to Tire Mountain by the
Division on October 19, 2023
3
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
1 COC Action Plan 8! Status Report
The Division (CDPHE) issued to Tire Mountain (TM) a Compliance Order on Consent (COC) to:
- Establish compliance requirements and criteria for the continued operation of the Tire Mountain waste tire
monofill facility located at 12311 Weld County Road 41, Hudson, CO 80642 in Weld County, Colorado (the
"Facility")
- Resolve the violations of the Act and the Regulations cited in a Compliance Advisory and Inspection Report
issued to TM by the Division on October 19, 2023 and the findings from the June 5 and June 18, 2024
inspections at the Facility
This document has been prepared to communicate TM's action plan and the current status of the efforts to resolve
the deficiencies as stated in the COC.
2 COC Requirement i 55 • Aboveground Storage • In Compliance
COC Requirement:
By August 30, 2024, Tire Mountain shall ensure that the Facility is in compliance with the local fire codes (2018
International Fire Code Chapter 34 - Tire Rebuilding and Tire Storage) for the storage of waste tires and
aboveground storage piles at the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20-
1415(1)(d) and 6 CCR 1007-2, Section 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L). Tire Mountain shall submit
documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's
return to compliance.
Status:
The Facility is in compliance with local fire codes related to the storage of waste tires and aboveground storage
piles as follows:
- Individual aboveground piles are sized at < 65' W x 65' L :10' H
- Individual aboveground piles are > 50' from a property boundary or building
- Individual aboveground piles are > 40' from an adjacent aboveground tire storage area or tire cell
The Facility is in contact (and has met) with Platteville-Gilcrest Fire Protection District Inspector Dave Sutton, Fire
Prevention Specialist regarding the same.
See attached summary and photos.
3 COC Requirement 1157 • Closed monofill Cells Cover Integrity 8! Effectiveness • In Compliance
COC Requirement:
By October 1, 2024, Tire Mountain shall repair the damaged cover for monofill cells 14-17 and 25-27 and shall
ensure that the integrity and effectiveness of the final cover of monofill cells at the Facility are maintained in
accordance with 6 CCR 1007-2, Section 10.5.9. Tire Mountain shall submit documentation (including photographs)
within thirty (30) calendar days of completion to confirm the Facility's return to compliance.
Status:
The Facility has hired a 3rd party vendor to import additional dirt/fill material to complete the coverage of this area
which includes the monofill cells numbered 14 -17 and 25 - 27.
The material has been delivered to the Facility, has been spread and compacted over the affected area, and at this
time, this requirement is 100% complete. See attached summary and photos.
4
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
4 Attachments
5
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
Attachment: COC Requirement 11 55 • Aboveground Storage Compliance
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COC REQUIREMENT 55 • ABOVEGROUND STORAGE
COC REQUIREMENT 5.5 • ABOVEGROUND STORAGE
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
Attachment: COC Requirement 11 57 • Closed Monofill Cells Cover Integrity Effectiveness
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Colorado Department of Public Health & Environment (CDPHE)
Compliance Order on Consent 24-013-02-01 (COC)
Tire Mountain LLC • Status Report • September 2024
Submitted by:
Nick Campanella, CEO
nick@mswrecycler.com
Tire Mountain LLC
Facility: 12311 Weld County Road 41, Hudson, CO 80642
Business: 1249 South River Road, Unit 303, Cranbury, NJ 08512
Submitted to:
Shana Baker, Waste Tires Work Leader
shana.bakeri@state.co.us
Colorado Department of Public Health & Environment (CDPHE, the Division)
Solid Waste Administration & Waste Tire Compliance Unit
Solid Waste & Materials Management Program
Hazardous Materials & Waste Management Division
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
0 DOCUMENT LOG 3
1 COC ACTION PLAN 81 STATUS REPORT 4
2 COC REQUIREMENT 1152 • (NEW) CERTIFICATE OF DESIGNATION (CD) APPLICATION 4
3 COC REQUIREMENT 1153 • FINANCIAL ASSURANCE ESTABLISHED 5
4 COC REQUIREMENT 1154 • CERTIFICATE(S) OF REGISTRATION OBTAINED 5
5 COC REQUIREMENT 1155 • ABOVEGROUND STORAGE COMPLIANCE 5
6 COC REQUIREMENT 1156 • VEGETATION CONTROL & MAINTENANCE COMPLIANCE 6
7 COC REQUIREMENT 1157 • CLOSED MONOFILL CELLS COVER INTEGRITY & EFFECTIVENESS 6
8 COC REQUIREMENT 1158 • QUARTERLY PROGRESS REPORT SUBMITTAL 7
9 COC REQUIREMENT 1160 • ADMINISTRATIVE PENALTY PAYMENT 7
10 ATTACH M E NTS 8
2
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
0 Document Log
Date Party
Action Document(s) Issued
9/5/2024 Tire Mountain LLC Status report issued This document
8/5/2024
CDPHE & Compliance Order on Consent (COC) 24 -
Tire Mountain LLC 08-02-01 issued & signed
6/18/2024 CDPHE
Compliance Inspection - unannounced,
complaint, enforcement follow-up
inspection
Notice of Inspection
6/5/2024 CDPHE
Compliance Inspection - unannounced,
complaint, open fields inspection
Notice of Inspection
10/19/2023
CDPHE Compliance Advisory issued
Compliance Advisory and Inspection
Report issued to Tire Mountain by the
Division on October 19, 2023
3
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
1 COC Action Plan & Status Report
The Division (CDPHE) issued to Tire Mountain (TM) a Compliance Order on Consent (COC) to:
- Establish compliance requirements and criteria for the continued operation of the Tire Mountain waste tire
monofill facility located at 12311 Weld County Road 41, Hudson, CO 80642 in Weld County, Colorado (the
"Facility")
- Resolve the violations of the Act and the Regulations cited in a Compliance Advisory and Inspection Report
issued to TM by the Division on October 19, 2023 and the findings from the June 5 and June 18, 2024
inspections at the Facility
This document has been prepared to communicate TM's action plan and the current status of the efforts to resolve
the deficiencies as stated in the COC.
2 COC Requirement 11 52 • (New) Certificate of Designation (CD) Application
COC Requirement:
By October 29, 2024, Tire Mountain shall submit an application to Weld County for a new Certificate of Designation
(CD) for the Facility in accordance with all Regulations.
The CD application must include:
a. An Engineering Design and Operations Plan (EDOP) in accordance with C.R.S. Sections 30-20-1412(1)(d)
and 30-20-1415(1)(d) and 6 CCR 1007-2, Sections 1.3.9, 10.5.1(B), 10.5.1(J), and 10.5.8, and 10.6.9;
b. A Fire Prevention, Training and Firefighting Plan in accordance with C.R.S. Sections 30-20-1412(1)(d) 30-
20-1415(1)(d) and 6 CCR 1007-2, Sections 10.5.1(B), 10.5.1(N), and 10.5.8, and 10.6.9.
c. AWaste Tire Inventory Reduction Plan in accordance with C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-
2, Sections 1.3.9, 10.5.1(3), 10.5.1(J), and 10.5.8;
d. A closure and post -closure plan in accordance with C.R.S. Section 30-20-1415(1)(d) and 6 CCR 1007-2,
Sections 2.5, 2.6, 10.5.1(B), 10.5.9(A), 10.5.9(B) and 10.5.9(C) for a phased closure of the waste tire
monofill at the Facility by July 1, 2034,
e. A closure and post -closure plan in accordance with C.R.S. Section 30-20-1412(1)(d) and 6 CCR 1007-2,
Section 10.6.10 for waste tire processing at the Facility by July 1, 2034, and
f. A detailed written estimate on the costs of hiring a third party to close the facility and conduct post -closure
care of the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a) and 30-20-1415(1)(a) and 6 CCR
1007-2, Sections 4.2, 4.3, 10.5.5, and 10.6.6.
Status:
The Facility team met with Weld County Department of Planning Services on Friday August 30, 2024 to discuss the
requirements for the application of a new CD.
Despite this new CD application essentially being a duplicate of the CD currently attached to the Facility (and its
prior owner), it was determined that a new application must be summitted and the 520,000 application fee must
also be paid.
4
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
The Facility also confirmed that the existing 8MUSR21-89-842 permit and all Development Standards, diagrams,
maps, plans, and legal descriptions (in current form) shall be compatible with the new CD, EDOP, and any other
permits and applications that are pending submittal.
3 COC Requirementffi 53 • Financial Assurance Established
COC Requirement:
Within thirty (30) calendar days of the Department's approval of the revised financial assurance cost estimates for
closure and post -closure care of the Facility, Tire Mountain will establish and maintain the required financial
assurance for the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(a), 30-20-1412(2)(a), and 30-20-
1415(1)(a) and 6 CCR 1007-2, Sections 4.6, 10.5.5, 10.6.20), and 10.6.6.
Status:
- None at this time
4 COC Requirement ¶ 54 • Certificate(s) of Registration Obtained
COC Requirement:
Within thirty (30) calendar days of establishment of financial assurance for the Facility and Department approval
of the Facility's EDOP, Tire Mountain shall obtain a valid Certificate of Registration from the Department for the
total operations at the Facility in accordance with C.R.S. Sections 30-20-1412(1)(3) and 30-20-1415(1)(b) and 6
CCR 1007-2, Sections 10.5.2, and 10.6.3.
Status: None at this time
5 COC Requirement 11 55 • Aboveground Storage Compliance
COC Requirement:
By August 30, 2024, Tire Mountain shall ensure that the Facility is in compliance with the local fire codes (2018
International Fire Code Chapter 34 - Tire Rebuilding and Tire Storage) for the storage of waste tires and
aboveground storage piles at the Facility, in accordance with C.R.S. Sections 30-20-1412(1)(d) and 30-20-
1415(1)(d) and 6 CCR 1007-2, Section 10.5.1(C), 10.5.1(N), 10.6.2(A), and 10.6.2(L). Tire Mountain shall submit
documentation (including photographs) within thirty (30) calendar days of completion to confirm the Facility's
return to compliance.
Status:
The Facility is in compliance with local fire codes related to the storage of waste tires and aboveground storage
piles as follows:
- Individual aboveground piles are sized at < 65' W x 65' L x 10' H
- Individual aboveground piles are > 50' from a property boundary or building
- Individual aboveground piles are > 40' from an adjacent aboveground tire storage area or tire cell
5
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
The Facility is in contact (and has met) with Platteville-Gilcrest Fire Protection District Inspector Dave Sutton, Fire
Prevention Specialist regarding the same.
See attached summary and photos.
6 COC Requirement 1156 • Vegetation Control & Maintenance Compliance
COC Requirement:
By August 30, 2024, Tire Mountain shall ensure that the growth of vegetation at the Facility is controlled to minimize
potential fuel sources, and will maintain the Facility's fire access roads, in accordance with 6 CCR 1007-2,
Sections 10.5.1(C), 10.5.1(D), 10.5.1(N), 10.6.2(B), and 10.6.2(L). The Tire Mountain shall submit documentation
(including photographs) within thirty (30) calendar days of completion to confirm the Facility's return to
compliance.
Status:
The Facility is now in compliance with this requirement and excessive vegetation growth and dry vegetation
throughout the Facility has been removed as follows:
All fire roads are cleared of vegetation & debris
100% of excess vegetation has now been removed from open areas & around the tire cells
The perimeter of every tire cell has been `manicured' & all excess vegetation has been removed
Seasonal weed control will be implemented on a regular basis to maintain compliance
The Facility is in constant contact and has met with Platteville-Gilcrest Fire Protection District Inspector Dave
Sutton, Fire Prevention Specialist regarding the same.
See attached summary and photos.
7 COC Requirement 1157 • Closed ivionofill Cells Cover Integrity 8: Effectiveness
COC Requirement:
By October 1, 2024, Tire Mountain shall repair the damaged cover for monofill cells 14-17 and 25-27 and shall
ensure that the integrity and effectiveness of the final cover of monofill cells at the Facility are maintained in
accordance with 6 CCR 1007-2, Section 10.5.9. Tire Mountain shall submit documentation (including photographs)
within thirty (30) calendar days of completion to confirm the Facility's return to compliance.
Status:
The Facility has hired a 3rd party vendor to import additional dirt/fill material to complete the coverage of this area
which includes the monofill cells numbered 14 -17 and 25 - 27.
As the material is delivered to the Facility, it is spread and compacted over the affected area.
6
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
At this time, this requirement is approximately 67% complete.
See attached summary and photos.
8 COC Requirement 11 58 • Quarterly Progress Report Submittal
COC Requirement:
Beginning August 30, 2024 and continuing through the completion of all compliance requirements of this Consent
Order, Tire Mountain shall submit brief progress reports in writing to the Division, each quarter no later than the
10th day of the first month of each quarter, which include the following information:
a. A summary description of all waste tire activities and monofill cell closure activities performed during the
previous month, including the estimated number of waste tires removed from the Facility, and the
estimated number of waste tires remaining at the Facility;
b. Copies of manifest records in accordance with Section 10.3.4 of the Regulations to document that allwaste
tires removed from the Facility were removed by a registered Waste Tire Hauler and delivered to a registered
waste tire destination facility;
c. Copies of other records, including, but not limited to bills of lading, receipts, weight tickets, manifests, or
other documentation showingthat alltire-derived products were sold to an in -state End User in accordance
with Section 10.9 or to an out of state end user; and
d. A summary description of activities expected to be performed in the upcoming month.
Status: Status report for activity through August 30, 2024 issued on September 5, 2024
9 COC Requirement 11 60 • Administrative Penalty Payment
COC Requirement:
Based upon the penalty adjustment factors set forth in the Division's Solid Waste Penalty Policy, and consistent
with other Departmental policies for violations of the Act and its implementing regulations, the Division and the
Parties agree to the assessment of Fifteen Thousand ($15,000) in administrative penalties.
The Parties agree to make the full payment within sixty (60) calendar days of the effective date of this Consent Order
(i.e., October 5, 2024).
Method of payment shall be by certified, or cashier's check drawn to the order of Colorado Department of Public
Health and Environment and shall be delivered to the attention of:
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Mail Code: HMWMD-B2
Attention: Randy Perila
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Status: None at this time
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
10 Attachments
8
CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
Attachment: COC Requirement 11 55 • Aboveground Storage Compliance
9
Above Ground Storage Areas
COC REQUIREMENT 55
30 -Aug -2024
Storage Area (SA)
SA -1
SA -2
SA -3
SA -4
SA -5
SA -5
SA -7
SA -8
SA -9
SA -10
Inventory
EMPTY
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TT
TT
TT
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CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
Attachment: COC Requirement 11 56 • Vegetation Control at Maintenance Compliance
10
Hudson Monofill
CO CrR_-QUI DLENT 56
30 -Aug -2024
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COE REQUIREMENT 56
30 -Aug -2024
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38 PT & TT
39 PT & TT
40 PT & TT
41 PT & TT
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CDPHE • COC 24-08-02-01
TIRE MOUNTAIN LLC • SEP 2024
Attachment: COC Requirement 11 57 • Closed Monofill Cells Cover Integrity Effectiveness
11
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COC REQUIREMENT 57 • CLOSED CELLS COVER
COC REQUIREMENT 57 • CLOSED CELLS COVE
COC REQUIREMENT 57 • CLOSED CELLS COVER
COLORADO
Hazardous Materials
£t Waste Management Division
Department of Public Health Er Environment
August 6, 2024
Mr. Nick Campanella, President and CEO
Tire Mountain LLC
1249 S. River Rd Unit 303
Cranbury, NJ 08512
VIA Email: nick@mswrecycler.com
Re: Colorado Department of Health and Environment's Review of Tire Mountain's CD
Application and Financial Assurance
Dear Mr. Campanella:
Pursuant to Compliance Order on Consent 24-08-02-01, Tire Mountain has committed to
submission of an application to Weld County for a new Certificate of Designation ("CD") for
its facility by October 29, 2024. Weld County will then refer the application to the Colorado
Department of Public Health and Environment, Hazardous Materials and Waste Management
Division ("the Division") for review and recommendation. The Division will prioritize its
review of Tire Mountain's application, to complete the review as expeditiously as possible.
Weld County and Tire Mountain also have responsibilities in the process which will bear upon
the overall ti mef rame.
In order to ensure expeditious approval, Tire Mountain's application must include all
necessary documentation, such as the Engineering Design and Operations Plan ("EDOP"), a
closure and post -closure plan, and any additional -site specific requirements based on your
planned operations. The Division has repeatedly offered an engineer to conduct a site visit
with your contractor, to communicate minimum requirements for an approvable closure and
post -closure plan; this offer still stands. Also, for your convenience, the "CD and EDOP
Development, Modifications, and Amendment Guidance and Content Overview" outlines the
process and is available on the Division's website at
https://cdphe.colorado.gov/hm/swguidance).
As we have discussed, the CD application documents must include a cost estimate for closure
and post -closure activities based on current site conditions and the closure and post -closure
plan submitted with the application. Once the cost estimate has been approved, the Division
can review Tire Mountain's proposed financial assurance mechanism.
We are informed by your counsel that, as part of the transaction to sell the facility, CH2E
assigned its rights to the financial assurance funds it transferred to the Division to Tire
Mountain. Tire Mountain has requested that the Division transfer CH2E's financial assurance
funds currently held by the Division to Tire Mountain once Tire Mountain has provided its own
approved financial assurance. Tire Mountain has agreed to and must provide a copy of the
sale agreement prior to any financial assurance release.
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Jared PoHs, Governor I Jill Hunsaker Ryan, MPH, Executive Director
Mr. Nick Campanella
Tire Mountain, LLC
August 6, 2024
Page 2 of 2
If Tire Mountain provides documentation demonstrating its right to CH2E's funds, and the
Division confirms and approves Tire Mountain's financial assurance as adequate, pursuant to
Section 4 of the Solid Waste Regulations, to provide for closure and post -closure of the
monofill the Division plans to release the CH2E funds to Tire Mountain.
With regards,
Digitally signed by David
David Sna Snapp
p p Date: 2024.08.06 08:43:42
-06'00'
David Snapp, Manager
Solid Waste and Materials Management Program
David.Snapp@state.co.us 1303.726.6386
Ec: John D. Fognani, Haynes and Boone, LLP
Shana Baker, HMWMD
Brian Gaboriau, HMWMD
Ed Smith, HMWMD
Shelley Hickerson, Office of the Attorney General
David Kreutzer, Office of the Attorney General
Jonathon Lubrano, Office of the Attorney General
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
Jared Polls, Governor I Jill Hunsaker Ryan, MPH, Executive Director
Certificate of Designation (CD) Application
Department of Planning Services
1402 N. 17TH Avenue, P.O. Box 758, Greeley, CO 80632
www.weld.gov I (970) 400-6100 I Fax (970) 304-6498
Planning Department Use: Date Received:
Amount $ Case # Assigned:
Application Received By: Planner Assigned:
Parcel Number*: SEE ATTACHED_(4) PARCEL -NUMBERS
-
Address of site: 12311 WELD COUNTY ROAD 41, HUDSON, CO 80642
(*A 12 digit number on Tax I.D. information,
obtainable at www.weld.gov).
Legal Description: SEE ATTACHED Section: Township:
Zoning District:
N Range: W
Acreage: Floodplain: X No / ❑ Yes Geological Hazard X No / ❑ Yes Airport
Overlay .Q No / ❑ Yes Solid Waste: ❑ No / X Yes Hazardous Waste: X No / ❑ Yes
Fee Owner(s) of the Property:
N ame: TIRE MOUNTAIN LLC
Company:
Phone #: 7325801021
Email: NICK@MSWRECYCLER.COM
Street Address: 1249 S RIVER RD, UNIT 303
City/State/Zip Code: CRANBURY, NJ 08512
N ame:
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
N ame:
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
Applicant or Authorized Agent: (See below: Authorization must accompany all applications signed by Authorized Agents)
N ame: SAME
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
Proposed Use:
WASTE TIRE MONOFILL, WASTE TIRE RECYCLING, ASSOCIATED EARTH WORK
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the
application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application, or if an
Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,
notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation.
424c16)Ead
Signature
NICK CAMPANELLA
9/26/2024
Date
Signature Date
Print Print
Legal Owner al Facility Information
Item Information
1
Legal Owner
Legal Owner Address
Contact Information
Tire Mountain LLC
1249 S River Rd Unit 303, Cranbury, NJ 08512
Nicholas Campanella
(732) 580-1021
nick@mswrecycler.com
2 Facility Name Tire Mountain LLC
Facility Street Address 12311 Weld County Road 41, Hudson, CO 80642
Facility Real Property — 105 -acre Facility
Description
Located in Section 32, Township 3 North, Range 65 West of the 6th
Principal Meridian in Weld County, Colorado
Parcels include:
1. Parcel 121332000020 (Account R4958786) - 39.5 acres
2. Parcel 121332400037 (Account R8969027) - 37.6 acres
3. Parcel 121332400038 (Account R8969024) - 5.347 acres
4. Parcel 121332400039 (Account R8969025) - 22.696 acres
3 Location Map
12311 Weld County Road 41, Hudson, CO 80642
Latitude: 40°10'43.10"N
Longitude: 104°40'44.26"W
4 Contacts & Telephone
Nicholas Campanella
Numbers (732) 580-1021 • nick@mswrecycler.com
Bruce Oster
(303) 907-0941 • alltreadllc@gmail.com
Title Insurance Schedule A - Property Information
Old Republic National Title Insurance Company
Schedule A
Order Number: ABC25263916 Policy Number: 0X25203916.24868571
Amount of Insurance: $550,000.00
Property Address:
12311 COUNTY ROAD 41, HUDSON, CO 80642
Date of Policy:
April 1112023 at 4:19 P.M.
1. The Insured is:
TIRE MOUNTAIN LLC, A COLORADO LIMITED LIABILITY COMPANY
2. The estate or interest in the Land insured by this policy is:
A FEE SIMPLE
3. The Title is crested in:
TIRE MOUNTAIN LLC, A► COLORADO LIMITED LIABILITY COMPANY
4. The Land is described as follows:
PARCEL I:
THE S 1/2 OF THE S 1/2 OF THE S 1/2 OF THE E 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
PARCEL II:
LOT B, AMENDED RECORDED EXEMPTION NO. 1213-32-4 1AMREC 20- 1-1867. RECORDED OCTOBER 26,
2020 UNDER RECEPTION NO. 46450021 BEING A PART OF THE S112 OF THE N1/2 OF THE SE 11'4 OF
SECTION 32 AND THE N1/2 OF THE S1/2 OF THE SE 1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNT"' OF WELD, STATE OF COLORADO.
Copyright 2006-2023 American Land Title Association. All Fights Reserved The use of this Form is
restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other
uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
LAND TITLE
ASSOCIATION
DEPARTMENTS of PLANNING
BUILDING, DEVELOPMENT ENT REVIEW
AND ENVIRONMENTAL HEALTH
1402 NORTH 17TH AVENUE
PO BOX 758
REELED' GO 80632
AUTHORIZATION FORM
I,e NICK CA PANELLA / TIRE FOUNTAIN LI JAMES ISO T U�,
), _ _ p' give permission to
(Owner please print) (Authorized Agent/Applicant—please print)
)
to apply for any Planning, Building:. Acreiss, Grading or OWTS permits on our behalf, for the property located at
(address or parcel number) below: p �'
12311 WELD COUNTY ROAD 41. HUDSON, CO 60842
E
Legal Description: E ATTACHED
of Section : Township N, Lange
Subdivision Name: SEE ATTACHED
- Lot Block
Property Owners Information:
1249 SOUTH RIVER ROAD? UNIT 3031 CRANBUR'Y, NJ 08512
Address:
732-580-1021 NIC @MWRE Y LEA COM
Phone:
Authorized Agent/Applicant Contact Inforiation:
Address:
225CHEROKEE STREET, APT 206, BETHLEHEM, PA '18015
Phone:
610-76.2-9665
E -Fall.
Correspondence to he seat to: OwnerEl Authorized Agent/Applicant by: Mail I Emni
Additional Info:
SEE ATTACHED
L' z e) hereby certify, der penalty of perjury and after carefully reading the entire contents of this document
th h orm - 'ors Mated above is true and correct to the best of � our
, :. y (our) knowledge.
:` --- Gate k r 09-6
ner Sranat re
a�
Subscribed and sworn to before me this
ti dc,
—or
", _ L..Aye" &Ai
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y commission expires
•
Jess J. Ou 13
Notary Pubik State of New Jersey
Corm). # 50074969
Owner Signature
day of k
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Gate
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20 � O by
07/22
Legal Owner & Facility Information
2
3
Item
Legal Owner
Legal Owner Address
Contact information
Facility Name
Facility Street Address
Facility Real Property
Description
Location Map
Information
Fire Mountain LLC
1249 S River Rd Unit 303, Cranbury, NJ 08512
Nicholas Campanella
(732) 580-1021
ksw a ler
Tire Mountain LLC `
12311 Weld County Road 41, Hudson, CO 80642
n 105 -acre Facility
Located in Section 32, Township 3 North, Range 65 West of the 0th
Principal Meridian in Weld County, Colorado
Parcels include:
1. Parcel 121332000020 (Account R4958786) - 39.5 acres
2. Parcel 121332400037 (Account Re969027) - 37.6 acres
3. Parcel 121332400038 (Account 88969024) - 5.347 acres
4_ Parcel 121332400039 (Account R8969025) - 22,696 acres
4 Contacts &Telephone
Numbers
12311 Weld County Road 41, Hudson, CO 80842
Latitude: 40°10'43.10"N
Longitude: 104°40`44,26"W
Nicholas Campanella
(7'32) 580-1021 • ai •k@nswreCyGler.com
Bruce Oster
(303) 907-x#941 * alltreadlicagma Lcom
Colorado
Secretary of State
Colorado Secretary of State
ID#: 20228212284
Document #: 20228212284
Filed on: 12/13/2022 02:06:50 PM
Paid: $1.00
Articles of Organization for a Limited Liability Company
filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
The domestic entity name of the limited liability company is Tire Mountain LLC
The principal office street address is 1249 S River Rd Unit 303
Cranbury NJ 08512
US
The principal office mailing address is 1249 S River Rd Unit 303
Cranbury NJ 08512
US
The name of the registered agent is Vcorp Services, LLC
The registered agent's street address is 7700 E Arapahoe Rd Ste 220
Centennial CO 80112
US
The registered agent's mailing address is 7700 E Arapahoe Rd Ste 220
Centennial CO 80112
US
The person above has agreed to be appointed as the registered agent for this entity.
The management of the limited liability company is vested in Members
There is at least one member of the limited liability company.
Person(s) forming the limited liability company
Nicholas B Campanella
3 Kelton P1
Manalapan NJ 07726
US
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of
each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the
individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the
document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if
applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in
the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic
statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not
such individual is named in the document as one who has caused it to be delivered.
Name(s) and address(es) of the individual(s) causing the document to be delivered for filing
Steven Bernknopf
1249 S River Rd Unit 303
Cranbury NJ 08512
US
TIRE MOUNTAIN LLC
CERTIFICATE OF DESIGNATION (CD) APPLICATION
Tire Mountain LLC
Certificate of Designation (CD) Application
Version 001 Draft
September, 2024
Prepared by:
Nick Campanella, CEO
nick@mswrecycler.com
Tire Mountain LLC
Facility: 12311 Weld County Road 41, Hudson, CO 80642
Business: 1249 South River Road, Unit 303, Cranbury, NJ 08512
Submitted to:
Maxwell Nader, Planning Manager
mnader@weld.gov
Weld County Department of Planning Services
Weld County Planning, Building& Development Review
TIRE MOUNTAIN LLC
CERTIFICATE OF DESIGNATION (CD) APPLICATION
0 Document Lod 3
1 Introduction 4
2 Legal Owner 8: Facility Information 5
3 Weld County • Use by Special Review • 8MUSR21-89-842 5
4 Certificate of Designation (CD) Application Requirements 5
4.1 Pre -Application Meeting Minutes 5
4.2 Application Form 6
4.3 Engineering Design and Operation Plan (EDOP) 6
4.4 Copy of Property Deed 6
4.5 Affidavit of Interest Owners, Surface Estate 6
4.6 Solid Waste Application Fee 6
5 Attachments 8
TIRE MOUNTAIN LLC
CERTIFICATE OF DESIGNATION (CD) APPLICATION
0 Document Log
Date Party
Action Document(s) Issued
9/28/2024 Tire Mountain LLC Draft submitted CD_APP_v001_Draft
9/20/2017
CH2E Colorado LLC &
Board of County
Commissioners, Weld
County, Colorado
CD approved
Approved Certificate of Designation —
CH2E Colorado LLC and Hudson Tireville
LLC (2017-3178, PL0456)
TIRE MOUNTAIN LLC
CERTIFICATE OF DESIGNATION (CD) APPLICATION
1 Introduction
In April 2023, Tire Mountain LLC (the "Company") acquired the real property and assets of CH2E Colorado LLC,
Hudson Tireville, LLC and Hudson Tireville Operations Company, LLC. This acquisition included the land,
buildings, infrastructure, waste tire processing equipment (altogether known as the "Facility"), and the static
waste tire stock located in the waste tire monofill in the town of Hudson, in Weld County Colorado.
This Certificate of Designation (CD) Application (the "Application") provides the required information as
requsted per the Weld County Department of Planning Services CD Procedural Guide Checklist and meets the
requirements outlined in Chapter 12, Article VIII of the Weld County Code.
This Application also documents certain aspects of the waste tire monofill and the intended waste tire
processing facility. The Application follows the requirements of:
Colorado Department of Public Health & Environment (CDPHE) Hazardous Materials & Waste
Management Division (HMWMD) (the "Division") 6 CCR 1007-2, Part 1 — Regulations Pertaining to Solid
Waste Sites at Facilities (the "Regulations", in particular Section 10 Waste Tires)
Weld County Department of Planning Services (WCDPS) and Weld County Department of Public Health
and Environment (WCDPHE) as a Site -Specific Development Plan and 8t" Amendment to a Use by Special
Review Permit, 8MUSR21-89-842.
The Application shall comply with the Regulations and follow in a similar manner to the approved CD of the
prior owner of the Facility (Approved Certificate of Designation — CH2E Colorado LLC and Hudson Tireville LLC
(2017-3178, PL0456).
ATT 01.0A - Chapter 12, Article VIII of the Weld County Code
ATT 01.0B - Waste Tire Facility Certificate of Designation 2017
TIRE MOUNTAIN LLC
CERTIFICATE OF DESIGNATION (CD) APPLICATION
2 Legal Owner & Facility Information
Item
Information Reference
1
Legal Owner
Legal Owner Address
Contact Information
Tire Mountain LLC
1249 S River Rd Unit 303, Cranbury, NJ 08512
Nicholas Campanella
(732) 580-1021
nick@mswrecycler.com
Bill of Sale -
CONFIDENTIAL
2 Facility Name Tire Mountain LLC
Facility Street Address 12311 Weld County Road 41, Hudson, CO 80642
Facility Real Property — 105 -acre Facility
Description
Located in Section 32, Township 3 North, Range 65 West of the 6th
Principal Meridian in Weld County, Colorado
Parcels include:
1. Parcel 121332000020 (Account R4958786) - 39.5 acres
2. Parcel 121332400037 (Account R8969027) - 37.6 acres
3. Parcel 121332400038 (Account R8969024) - 5.347 acres
4. Parcel 121332400039 (Account R8969025) - 22.696 acres
ATT 02.0A - Tax
Map
3 Location Map
12311 Weld County Road 41, Hudson, CO 80642
Latitude: 40°10'43.10"N
Longitude: 104°40'44.26"W
ATT 02.0B -
Google Earth
Map
4 Contacts & Telephone
Nicholas Campanella
Numbers (732) 580-1021 • nick@mswrecycler.com
Bruce Oster
(303) 907-0941 • alltreadllc@gmail.com
3 Weld County • Use by Special Review • 8MUSR21-89-842
Pursuant to the new CD issuance, the Facility shall operate under the same considerations as stated on
8MUSR 21-89-842.
All Development Standards, diagrams, maps, plans, and legal descriptions (in current form) shall be
compatible with 8MUSR 21-89-842, the new CD, EDOP, and any other permits and applications that are
pending submittal.
ATT 03.0A - 8MUSR 21-89-842
4 Certificate of Designation (CD) Application Requirements
4.1 Pre -Application Meeting Minutes
The Company attended an online meeting (Friday August 30, 2024) with various County personnel and the pre -
application requirments were discussed. This Pre -Application Meeting minutes are presented here in
summary (also attached):
- A new CD Application is required to be submitted to Weld County and CDPHE by October 29, 2024, per
the Compliance Order on Consent.
TIRE MOUNTAIN LLC
CERTIFICATE OF DESIGNATION (CD) APPLICATION
A $20,000 CD application fee shall be paid to Weld County as detailed in the Fee Schedule per Chapter 5,
Appendix 5-J.
Per the CD Procedural Guide, this fee shall be escrowed and will then be charged against the County, at
an hourly rate of each Department employee involved in the review and processing of the CD application
and associated documents.
Any unused portion of the escrowed fee shall be returned to the Company upon completion and issuance
of the CD.
It was confirmed that the existing 8MUSR21-89-842 permit and all Development Standards, diagrams,
maps, plans, and legal descriptions (in current form) shall be compatible with the new CD, EDOP, and any
other permits and applications that are pending submittal.
Upon review, the Departement staff shall determine if an amendment to the existing 8MUSR21-89-842
permit shall be required (not likely).
ATT 04.1A - Pre -Application Meeting Minutes
4.2 Application Form
ATT 04.2A - CD Application Form w Additional Info - Signed
4.3 Engineering Design and Operation Plan (EDOP)
This Engineering Design and Operations Plan (EDOP) documents the Company's operation of the waste tire
monofill and the waste tire processing facility. The EDOP follows the requirements of:
Colorado Department of Public Health & Environment (CDPHE) Hazardous Materials & Waste
Management Division (HMWMD) (the "Division") 0 CCR 1007-2, Part 1 — Regulations Pertaining to Solid
Waste Sites & Facilities (the "Regulations", in particular Section 10 Waste Tires)
Weld County Department of Planning Services (WCDPS) and Weld County Department of Public Health
and Environment (WCDPHE) as a Site -Specific Development Plan and 8' Amendment to a Use by Special
Review Permit, 8MUSR21-89-842.
The EDOP shall comply with the Regulations and follow in a similar manner to the approved EDOP of the prior
owner of the Facility (CH2E Colorado LLC, EDOP V7.02, October 2022).
A new EDOP was submitted to the CDPHE and WCDPS and is included in this submittal (September 2024)
ATT 04.3A - EDOP V7.02 Approved
ATT 04.3B - 240912 - TM LLC - EDOP _v001_Draft
4.4 Copy of Property Deed
ATT 04.4A Tire Mountain Property Deed
4.5 Affidavit of Interest Owners, Surface Estate
ATT 04.5A Affidavit of Interest Owners Surface Estate
4.6 Solid Waste Application Fee
Per the Certificate of Designation Procedural Guide, the application fee for a Solid Waste facility is :20,000
(the "Fee"), as follows:
1. Fees are non-refundable and due at time of application submittal. Fees are set by the Board of County
Commissioners by Resolution. County Staff are not authorized to negotiate fees and cannot, under any
TIRE MOUNTAIN LLC
CERTIFICATE OF DESIGNATION (CD) APPLICATION
circumstance, change, reduce, or amend the fees set forth in the Weld County Planning Fee Schedule.
2. The fee to amend an application for a for Solid Waste Disposal Sites and Facilities shall not exceed
$20,000.00. The full amount shall be submitted to the Department of Planning Services at the time a
complete application is submitted. The full amount shall be escrowed and charged against by the County
based on the standard hourly rate for each department administering or reviewing the permit. The
departments shall include but not be limited to the Department of Planning Services, Weld County Health
Department, Weld County Public Works, and the Weld County Attorney's Office. The standard hourly rate
shall be established by the Weld County Finance Department for the actual time spent on the review of
the application and facility. The applicant shall be provided copies of the billing five days prior to the cost
actually being billed against the escrow account and the applicant. The applicant's sole remedy to appeal
any billing shall be to the Board of County Commissioners. The unused portion of the submitted
application fee held in escrow, shall be returned to the applicant within 30 days of recording the amended
Special Review plan map, or within 30 days after denial of the application by by the Board of County
Commissioners, or 30 days after the applicant submits a written request to withdraw the application.
The Company shall pay the Fee in due course to the Weld County Department of Planning Services upon
submittal of the complete Application (or upon receiving an invoice for the same).
TIRE MOUNTAIN LLC
CERTIFICATE OF DESIGNATION (CD) APPLICATION
5 Attachments
ATT 01.0A - Chapter 12, Article VIII of the Weld County Code
ATT 01.0B - Waste Tire Facility Certificate of Designation 2017
ATT 02.0A - Tax M a p
ATT 02.0B - Goode Earth Map
ATT 03.0A - 8MUSR21-89-842
ATT 04.1A - Pre -Application Meeting Minutes
ATT 04.2A - CD Application Form wAdditional Info - Signed
ATT 04.3A - EDOP V7.02 Approved
ATT 04.3B - 240912 - TM LLC - EDOP_v001_Draft
ATT 04.4A - Tire Mountain Property Deed
ATT 04.5A Affidavit of Interest Owners Surface Estate
4891550 04/10/2023 04:19 PM
Total Pages: 2 Rec Fee: $18.00 Doc Fee: $55.00
Carly Koppes - Clerk and Recorder, Weld County , CO
L_r,d Tale
Special Warranty Deed
(Pursuant to C.R.S. 38-30-113(1)(b))
This Deed, effective as of k (10): signed on the date(s) acknowledged below, by Grantor(s), CH2E
COLORADO LLC, A COLORADO LIMNED LIABILITY COMPANY, whose street address is 9520 OLD EASTON RD.,
KINTNERSVILLE, PA 18930, City or Town of KINTNERSVILLE, County of Bucks and State of Pennsylvania , for the consideration
of dollars, in hand paid, hereby sell(s) and convey(s) to TIRE
MOUNTAIN LLC, A COLORADO LIMITED LIABILITY COMPANY, whose street address is 1249 S. RIVER RD., UNIT 303,
CRANBURY, NJ 08512, City or Town of CRANBURY, County of Middlesex and State of New Jersey, the following real property in
the County of Weld and State of Colorado, to wit_
State Documentary Fee
Date:
$55.00
PARCEL I:
THE S 1/2 OF THE S 1/2 OF THE S 1/2 OF THE E 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
PARCEL II:
LOT B, AMENDED RECORDED EXEMPTION NO. 1213-32-41AMRECX20-91-1367, RECORDED OCTOBER 28, 2020 UNDER
RECEPTION NO. 4645002, BEING A PART OF THE S1/2 OF THE N1/2 OF THE SE 1/4 OF SECTION 32 AND THE N1/2 OF THE
S1/2 OF THE SE 1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO.
also known by street and number as: 12311 COUNTY ROAD 41, HUDSON, CO 80642
with all its appurtenances and warrant(s) the title to the same against all persons claiming under me(us), subject to Statutory
Exceptions.
(SEE ATTACHED "SIGNATURE PAGE")
When recorded return to: TIRE MOUNTAIN LLC, A COLORADO LIMITED LIABILITY COMPANY
1249 S. RIVER RD., UNIT 303, CRANBURY, NJ 08512
Form 1090 closing/deeds/statutory/swd_statutory.html
25203916
(100336700)
111111111111111111111111111
4891550 04/10/2023 04:19 PM
Page 2 of 2
Special Warranty Deed with Statutory Exceptions
SIGNATURE PAGE
CH2E COLORADO LLC, A COLORADO LIMITED
LIABILIOMPAN�Y
JAMKOSTI A, AUTHORIZED SIGNATORY
State of
County of
The foregoing instrument was acknowledged before me on this day of 2t) t., :-.2:‘, by JAMES KOSTURA,
AUTHORIZED SIGNATORY OF CH2E COLORADO LLC, A COLORADO LIMITED LIABILITY COMPANY
Witness my hand and official seal
My Commission expires:
'a
fA.
fl�
.r
• 0,.'"
Notary Public
Commonwealth of Pennsylvania - Notary Seal
Julianne W. Fleischer, Notary Public
Bucks County
My commission expires March 18, 2027
Commission number 1182286
•
Member, Pennsylvania Association of Notaries
„or
N`
Form 1090 closing/deeds/statutory/swd_statutory_html 25203916 (100336700)
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BUILDINGS AND RELATED STRUCTURES
LAND SURVEYS
ROADS AND RELATED FEATURES
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FLOW STRUCTURE TYPICAL PROFILE
PLATTE RIVER
EST. RIVER THALWEG
MIN.15'
MIN. 5' DEEPER _
THAN RIVER THALWEG
MIN. 40' FROM RIVER BANK
CONCRETE CUTOFF
NATIVE MATERIAL
0.5C w0
RIVER SIDE CONCRETE CUTOFF WALL
BURY ARMOR UNDER TOPSOIL
DEPTH ACCORDING TO RECLAMATION PLAN
EXCAVATED INTO
NATIVE MATERIAL
CONCRETE CUTOFF WALL (TYP.)
NO. 5 REBAR ON 12" CENTERS
RIVERSIDE ARMORING
RIPRAP TYPE VL
PIT SIDE CONCRETE CUTOFF WALL
MIN.15'
CONCRETE CUTOFF WALL (TYR)
NO. 5 REBAR ON 12" CENTERS
BURY ARMOR UNDER TOPSOIL
DEPTH ACCORDING TO RECLAMATION PLAN
CHANNEL BOTTOM (REVEG.)
VARIES
CONCRETE CUTOFF
CUTOFF WALL
EXTENDS 10' PAST SLOPE
CONCRETE CUTOFF WALL
HIGHER ON SLOPES
ARECLAIMED POMP)
IN. 5' BELOW RIVER THALWEG
t
3
7C' TYPE II BEDDING LAYER
CHANNEL BOTTOM
& SIDESLOPE VEGETATED
ACCORDING TO REC. PLAN
PIT BOTTOM ON BEDROCK
MOO
4915
4910
4905
4800
4895
4890
4885
4480
44375
48 70
1.8'
3' MIN. DEPTH
EXCAVATED INTO
NATIVE MATERIAL
NOTES:
A) CONCRETE CUTOFF WALL TO BE INSTALLED IN AN EXCAVATED TRENCH.
B) EXTEND RIPRAP ARMORING AND CUTOFF WALLS A MINIMUM OF 10' BEYOND THE TOP OF SPILLWAY SLOPES ON BOTH
ENDS.
PITSIDE ARMORING
RIPRAP (D50 = 48') OR SOIL CEMENT
PLACED TO A MIN. OF 5' BELOW RIVER THALWEG ELEV.
10" TYPE II BEDDING
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Affidavit of Interest Owners
Surface Estate
I, the undersigned, certify that the attached list is a true and accurate list of the names, addresses, and corresponding
Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within
five hundred (500) feet of the subject property(ies). This list was compiled from the records of the Weld County
Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to
the date the application is submitted to the Department of Planning Services.
Subject property(ies): Parcels # 121332000020, # 121332400037, # 121332400038, and # 121332400039
/tAcie-eaz
9/27/2024
Signature Date
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:20:39 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
/tAaleZad
09/27/2024
Signature
Date
Property Owners Within 500 Feet of Parcel # 121332000020
Account
Parcel
Owner
Mailing
Address
R4958786
121332000020
MOUNTAIN
LLC
1249
CRAN
S
RIVER
BU
RY,
NJ
RD
UNIT
085123633
303
TIRE
R8941692
121332300028
SILICON
RANCH
CORPORATION
222
NASHVILLE,
2ND
AVE
TN
S
1900
STE
372012383
R8969026
121332400036
TO GREEN
RECYCLING
HOLDING
12321
HUDSON,
COUNTY
CO
ROAD
806429615
41
TIRES
LLC
88969027
121332400037
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
R4959486
121333000007
WALTER
CANNON
LLC
3575
DENVER,
E
CHERRY
CREEK
CO 802093601
NORTH
DR
R0285287
121333000008
WALTER/CANNON
PARTNERSHIP
3575
DENVER,
E
CHERRY
CREEK
CO 802093601
NORTH
DR
R8952442
130704200030
REIGLE
JOELLEN
M
LIVING
TRUST
11456
COMMERCE
KITTREDGE
CITY,
ST
CO
800228616
M0131102
130705000007
MOSER
GALE
85129686
130705000007
B &
M
LAND
COMPANY
C/O
968
DENVER,
STEPHEN
SYRACUSE
CO
WOLF
ST
802307073
Parcels: 9
Owner Records: 10
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:20:39 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
/t%closEad,
09/27/2024
Signature
Date
Property Owners Within 500 Feet of Parcel # 121332000020
Account
Parcel
Owner
Mailing
Address
M0131102
130705000007
MOSER
RICK
PO
HUDSON,
BOX
495
CO 806420495
Parcels: 9 Owner Records: 10
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:20:39 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 121332000020
u
ililrlil
Date
i
m�
i
• %�V ,;Ads
/ ,Y . •
i
• O AI; L
•
y
i
i
Signature
09/27/2024
I I I I I I I f v.�
11,4'1.
11111111 11111
1 1 1 1 1 1 1 1 1 1 1 1 1
Parcels: 9
Owner Records: 10
Page 3of3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:21:09 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
09/27/2024
Date
Property Owners Within 500 Feet of Parcel # 121332400037
Account
Parcel
Owner
Mailing
Address
R4958786
121332000020
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
R8941690
121332300027
SILICON
RANCH
CORPORATION
222
NASHVILLE,
2ND
AVE
TN
S
1900
STE
372012383
R8941692
121332300028
SILICON
RANCH
CORPORATION
222
NASHVILLE,
2ND
AVE
S
STE
372012383
1900
TN
88969023
121332400035
TO GREEN
RECYCLING
HOLDING
4610
DENVER,
S
ULSTER
CO
ST
802374321
TIRES
LLC
R8969026
121332400036
TO GREEN
RECYCLING
HOLDING
12321
HUDSON,
COUNTY
CO
806429615
ROAD
41
TIRES
LLC
R8969027
121332400037
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
R8969024
121332400038
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
R8969025
121332400039
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
84959486
121333000007
WALTER
CANNON
LLC
3575
DENVER,
E
CHERRY
CREEK
CO 802093601
NORTH
DR
Parcels: 10
Owner Records: 10
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:21:09 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
/tAcieZad
09/27/2024
Signature
Date
Property Owners Within 500 Feet of Parcel # 121332400037
Account
Parcel
Owner
Mailing
Address
R0285287
121333000008
WALTER/CANNON
PARTNERSHIP
3575
DENVER,
E
CHERRY
CREEK
CO 802093601
NORTH
DR
Parcels: 10 Owner Records: 10
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:21:09 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 121332400037
i
r • Ilia • f �I
t:41111 111
i
Date
i
it
i
i
fill!
Signature
09/27/2024
i
Parcels: 10
Owner Records: 10
Page 3of3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:21:32 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500
Feet of Parcel # 121332400038
/t9icieba_
09/27/2024
Signature
Date
Account
Parcel
Owner
Mailing
Address
M4959086
121332000021
HOCHMILLER
JOHN
PO
HUDSON,
BOX
600
CO 806420600
R4958986
121332000021
MALCOLM
REAL
ESTATE
LLC
H&H
41835
COZAD,
AUTO
HIGHWAY
NE
PARTS
691304305
ATTN:
30
JOSCELYN
R8969023
121332400035
TO
GREEN
RECYCLING
HOLDING
4610
DENVER,
S
ULSTER
CO
ST
802374321
TIRES
LLC
88969026
121332400036
TO
GREEN
RECYCLING
HOLDING
12321
HUDSON,
COUNTY
CO
ROAD
806429615
41
TIRES
LLC
R8969027
121332400037
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
RD
NJ
UNIT
085123633
303
TIRE
R8969024
121332400038
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
R8969025
121332400039
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
R4959486
121333000007
WALTER
CANNON
LLC
3575
DENVER,
E
CHERRY
CREEK
CO 802093601
NORTH
DR
Parcels: 8
Owner Records: 8
Page 1 of 2
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:21:32 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
09/27/2024
Date
Property Owners Within 500 Feet of Parcel # 121332400038
<<,
Y'Bif# t:
teas arei 61444
iYrlil'!i g041i'1'! p"int:4!,1i1 Ij
siusactx
Parcels: 8
Owner Records: 8
Page 2 of 2
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:22:08 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
09/27/2024
Date
Property Owners Within 500 Feet of Parcel # 121332400039
Account
Parcel
Owner
Mailing
Address
M4959086
121332000021
HOCHMILLER
JOHN
PO
HUDSON,
BOX
600
CO 806420600
R4958986
121332000021
MALCOLM
REAL
ESTATE
LLC
H&H
41835
COZAD,
AUTO
HIGHWAY
NE
PARTS
691304305
ATTN:
30
JOSCELYN
R8941690
121332300027
SILICON
RANCH
CORPORATION
222
NASHVILLE,
2ND
AVE
S
STE
372012383
1900
TN
88941692
121332300028
SILICON
RANCH
CORPORATION
222
NASHVILLE,
2ND
AVE
TN
S
STE
372012383
1900
R8969023
121332400035
TO GREEN
RECYCLING
HOLDING
4610
DENVER,
S
ULSTER
CO
ST
802374321
TIRES
LLC
R8969026
121332400036
TO GREEN
RECYCLING
HOLDING
12321
HUDSON,
COUNTY
CO
ROAD
806429615
41
TIRES
LLC
R8969027
121332400037
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
R8969024
121332400038
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
88969025
121332400039
MOUNTAIN
LLC
1249
CRANBURY,
S
RIVER
NJ
RD
UNIT
085123633
303
TIRE
Parcels: 9
Owner Records: 9
Page 1 of 2
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/27/2024
6:22:08 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500
1
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Signature
09/27/2024
of Parcel # 121332400039
r
I
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;fetal, -"nal rtllit, iiiiirS
iftweits tetras Wei focath
:d���i ���� ifsis
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1 '
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I II I I 11 II I II1
Date
Parcels: 9
Owner Records: 9
Page 2 of 2
Notice
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld
County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room,
Greeley, Colorado 80631, at the date and time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least
five days prior to the hearing. The cost of engaging a court reporter shall be borne by the
requesting party. In accordance with the Americans with Disabilities Act, if special
accommodations are required in order for you to participate in this hearing, please contact
the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley,
Colorado 80631. Email messages sent to an individual Commissioner may not be
included in the case file. To ensure inclusion of your email correspondence into the case
file, please send a copy to egesick(c(�weld.gov.
Docket #: 2025-43
Hearing Date: June 25, 2025
Hearing Time: 10:00 a.m.
Applicant:
Tire Mountain, LLC
12311 County Road 41
Hudson, Colorado 80642
Request: Certificate of Designation, CD24-0001, for a Tire Mono -fill and Tire Recycling
Facility in the 1-3 (Industrial) Zone District
Legal Description: Being part of the SE1/4 of Section 32, Township 3 North,
Range 65 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 26, west of and adjacent to
County Road 41 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: June 12, 2025
Published: June 14, 2025, in the Greeley Tribune
Notice
party. I
special
ate h
Ice at
Clerk
minis
Email message!
included in the
sDon anv- into
weld.gov,
Docket#: 2025-43
Headng Date: June 25, 2025
Heearing Time: 10:00 a.m.
Tire Mountain, LLC
12311 County Road 41
Hudson,Coiorado 80642
Request: Certificate of Designation, cD24-0001, for a Tire Mono-
flLlel amend Tire Rec clips Faccility in the I.3 (Industrial) Zone District
ship 3 Noerth R�arge 65 Wg a 6th P M Weld CountyTCoio-
Location: North of and adjacent t0 County Raad 26, west of and
adjacent to County Road 41(see Legal Description for precise io-
ca�on)
Board of County Commissioners
Weld County, Colorado
Dated• June 12.2025
P�lis6ed: June 14, 2025, in the Greeiey Tribune - 2119508
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Assent , being first duly sworn
under oath, states and affirms as follows:
1. He/she is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Greeley Tribune Is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks in Weld County and
meets the legal requisites for a legal newspaper
under Colo. Rev. Stat. 24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Gree/ey Tribune
in Weld County on the following date(s):
Subscribed and sworn to me before me this�rn�
Irldayof JUN- IM
(SEAL)
Jun 14, 2025
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
MY COMMISSION EXPIRES July 31, 2025
Account:
Ad Number:
Fee:
1099690
2119508
$20.50
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