HomeMy WebLinkAbout20203528RESOLUTION
RE: APPROVE CERTIFICATE OF DESIGNATION, CD20-0001 - PAWNEE WASTE, 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 9th day of December, 2020, 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, CD20-0001, to Pawnee Waste, LLC, 47368 County
Road 118, Grover, Colorado 80729, said site to be located on the following described property:
NE1/4 and E1/2 NW1/4 of Section 13, Township 10
North, Range 61 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant was represented by Ryder Reddick, Tetra Tech, Inc.,
1900 South Sunset Street, Suite 1E, Longmont, Colorado 80501, and
WHEREAS, said request for a Certificate of Designation, CD20-0001, was submitted in
conjunction with an application for a Site Specific Development Plan and First Major Amended
Use By Special Review Permit, 1 MJUSR20-15-0048, for a Solid Waste Disposal Site and Facility
(a designated commercial exploration and production waste management facility) that will receive
non -hazardous wastes that may contain very low concentrations of naturally occurring radioactive
materials (NORM) and technically enhanced naturally occurring radioactive materials (TENORM)
pursuant to the Colorado State Statute and as defined and regulated by the Colorado Department
of Public Health and Environment, in addition to accepting Construction and Demolition (C&D)
Waste, and Industrial Waste, the addition of two (2) new storage buildings and a company only
heavy equipment parking, staging and storage area outside of subdivisions and historic townsites
in the A (Agricultural) Zone District which was approved by the Board, 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 into account said factors, 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
Conditions of Approval and Development Standards in Site Specific Development
Plan and First Major Amended Use By Special Review Permit,
1 MJUSR20-15-0048, will minimize the impacts on the surrounding property and
the area to the greatest extent possible, and will also provide adequate protection
of the health, safety, and welfare of the inhabitants of the area and the County.
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2020-3528
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CERTIFICATE OF DESIGNATION (CD20-0001) - PAWNEE WASTE, LLC
PAGE 2
2. The convenience and accessibility of the solid waste disposal site and facility to
potential users. The location of the proposed solid waste disposal site will be
convenient and accessible to the potential users.
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
prescribed by the department. The applicant has demonstrated in the submitted
application materials there is a need for the proposed solid waste disposal site.
4. Recommendations by local health departments. The Colorado Department of
Health and Environment (CDPHE) 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, 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 for Pawnee Waste, LLC, on the hereinabove
described real property be, and hereby is, granted subject to the following conditions:
1. Compliance with this Certificate of Designation (CD) requires the owner/operator
maintain compliance with the approved USR Permit.
2. Compliance with this Certificate of Designation (CD) requires the owner/operator
comply with the attached Engineering Design and Operations Plan (EDOP) and
any future County and CDPHE Department -approved EDOP conditions, including
both Department -approved amendments to the EDOP and Department -approved
stand-alone plans necessary to comply with the Solid Waste Act and Regulations.
Violation of the EDOP, as amended constitutes a violation of this CD. This CD
need not be amended upon EDOP amendment unless required by the Weld
County governing authority.
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.
4. Any transfer or change in ownership or operator requires notification of the Board
of County Commissioners.
2020-3528
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CERTIFICATE OF DESIGNATION (CD20-0001) - PAWNEE WASTE, LLC
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of December, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithet) S, X/60;6k
Weld County Clerk to the Board
Mike Freeman, Chair
Steve Mgreno, Pro-Tem
BY:
Scott IC. James
AP
y Attorney
Date of signature: 1-117
2020-3528
PL2442
WELD COUNTY, COLORADO
CERTIFICATE OF DESIGNATION
In accordance with the provision of Sections 30-20-101 through 30-20-115, C.R.S., the Board of
County Commissioners of Weld County, Colorado, hereby grants a Certificate of Designation,
CD20-0001, for a Site Specific Development Plan and First Major Amended Use By Special
Review Permit, 1 MJUSR20-15-0048, for a Solid Waste Disposal Site and Facility (a designated
commercial exploration and production waste management facility) that will receive
non -hazardous wastes that may contain very low concentrations of naturally occurring radioactive
materials (NORM) and technically enhanced naturally occurring radioactive materials (TENORM)
pursuant to the Colorado State Statute and as defined and regulated by the Colorado Department
of Public Health and Environment, in addition to accepting Construction and Demolition (C&D)
Waste, and Industrial Waste, the addition of two (2) new storage buildings and a company only
heavy equipment parking, staging and storage area outside of subdivisions and historic townsites
in the A (Agricultural) Zone District.
Location of Site:
NE1/4 and E1/2 NW1/4 of Section 13, Township 10
North, Range 61 West of the 6th P.M., Weld County,
Colorado
Name and Address of Responsible Operator:
Pawnee Waste, LLC
47368 County Road 118
Grover, Colorado 80729
This Certificate of Designation may be temporarily suspended or revoked, after reasonable
notice and public hearing, for cause as outlined in C.R.S. §30-20-112.
Issued this 9th day of December, 2020, at Weld County, Colorado.
ATTEST: didadov
Weld County Clerk to the Board
BY:
•
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
2020-3528
PL2442
MEMORANDUM
TO: Board of County Commissioners
DATE: December 9, 2020
FROM: Kim Ogle, Planning Services
SUBJECT: Amended Certificate of Designation, CD20-0001 in
conjunction with 1 MJUSR20-15-0048, Pawnee Waste LLC
Pawnee Waste LLC, c/o Christopher Dietzler, Manager, 800 8th Avenue, Suite 122, Greeley CO 80631
is requesting an amendment to the current Certificate of Designation (CD) for a site located on the
following described property, NE4/ E2NW4 of Section 13, T1 ON, R61 W of the 6th P.M., Weld County,
Colorado located South of and adjacent to County Road 118 Section Line; Approximately 1320 feet East
of County Road 95.
The existing Certificate of Designation was approved in conjunction with USR15-0048, an application for
a Site Specific Development Plan and Use by Special Review Permit for a Solid Waste Disposal Site
and Facility (A Designated Commercial Exploration and Production Waste Management Facility that will
receive exploration wastes which are Non -Hazardous and may contain very low concentrations of
naturally occurring radioactive materials (NORM) and technically enhanced naturally occurring
radioactive materials (TENORM)), pursuant to Colorado State Statute and as defined and regulated by
Colorado Department of Public Health and Environment and obtain a Certificate of Designation,
pursuant to Section 30-20-104, C.R.S., in the A (Agricultural) Zone District, approved by the Board of
County Commissioners on September 28, 2016.
Pawnee Waste has applied for an amendment to the CD (CD20-0001) in conjunction with an
amendment to their USR (1 MJUSR20-15-0048) which will allow for acceptance of Construction and
Demolition (C&D) Waste, and Industrial Waste, the addition of two (2) new storage buildings and a
company owned heavy equipment parking staging and storage area outside of Subdivisions and Historic
Townsites in the A (Agricultural) Zone District.
In accordance with Weld County Code section 12-8-20.A.3, the Director of Planning Services
determined that the proposed amendment is a substantial change requiring an amendment to the
existing CD. Following consultation with the Weld County Department of Public Health and environment,
who also concurred that the amendment is a substantial change to the EDOP (Engineering, Design and
Operations Plan), the Director considered the factors provided in section 12-8-20.B, including 1) CDPHE
believes the proposed change is a substantial change; 2) the facility will accept additional types of waste
not already permitted by the existing CD; 3) an amendment to USR15-0048 is also required; and 4) the
proposal requires new capital construction to accommodate the changes.
The request was reviewed by the Colorado Department of Public Health and Environment Hazardous
Materials and Waste Management Division and in their letter dated September 21, 2020 it states:
"The Engineering Design and Operations Plan (EDOP), Revision 7 (dated July 20, 2020) primarily adds
new waste streams to the facility's acceptable waste types. In addition to non -hazardous wastes
generally categorized as oil and gas -related wastes (from exploration & production [E&P] and treatment
activities), municipal water and wastewater treatment residuals, other non putrescible industrial waste
streams, and construction and demolition (C&D) waste. The Division initiated technical review of the
application following a completeness determination issued by the Division on August 18, 2020. The
Division reviewed the EDOP narrative, Appendix C (Operations Plan), Appendix D (Waste Acceptance
Plan) and Appendix H (Solidification Unit Design and Operations Plan), 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 Statues (CRS), as amended, and with the
regulations promulgated thereunder: the Regulations Pertaining to Solid Waste Sites and Facilities, 6
CCR 1007-2, Part 1 (the Solid Waste Regulations)."
"It is the determination of the Division that Pawnee Waste 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 monitored and operated 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 Pawnee Waste Landfill may be approved by Weld County based on these and any local criteria.
Please 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 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.
In addition to the conditions listed below, please note that Pawnee Waste LLC must comply with the
public health and environmental laws, standards, and regulations of the Department and all other
applicable state, federal, and local rules, and ordinances. The Division's recommendation for
approval of the Application including the final revised EDOP, Revision 7 has conditions that must be
incorporated into the Certificate of Designation, if issued by the local governing authority."
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 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 Conditions of Approval and Development
Standards in Site Specific Development Plan Amended Use By Special Review Permit,
1 MJUSR20-15-0048, for a solid waste disposal site and facility (a designated commercial
exploration and production waste management facility) that will non -hazardous wastes and that
may contain very low concentrations of naturally occurring radioactive materials (NORM) and
technically enhanced naturally occurring radioactive materials (TENORM), pursuant to the
Colorado State Statute and as defined and regulated by Colorado Department of Public Health
and Environment and obtain a Certificate of Designation, pursuant to Section 30-20-104 C.R.S.,
in addition to accepting Construction and Demolition (C&D) Waste, and Industrial Waste in the A
(Agricultural) Zone district, will minimize the impacts on the surrounding property and the area
to the greatest extent possible, and will also provide adequate protection of the health, safety,
and welfare of the inhabitants of the area and the County.
b. The convenience and accessibility of the solid waste disposal site and facility to potential users.
The location of the proposed solid waste disposal site will be convenient and accessible to the
potential users.
c. 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 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.
d. Recommendations by local health departments. The Colorado Department of Health and the
Weld County Health Department 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 30-20-100.5, et seq., C.R.S.
The Department of Planning Services recommends that the Board of County Commissioners approve
the Certificate of Designation, CD20-0001 for Pawnee Waste LLC, subject to the following conditions:
1. Compliance with this CD requires the owner/ operator comply with the attached EDOP and any
future Department -approved EDOP conditions, including both Department approved amendments to
the EDOP and Department -approved st and -alone plans necessary to comply with the Solid Waste
Act and Regulations. Violation of the EDOP as s amended constitutes a violation of this CD. This CD
need not be 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.
2. 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.
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