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PHONE'. 13031 356-4000 [XT. 200
P.O. BOX 758
i GREELEY, COLORADO 80631
COLORADO
September 16, 1977
Mr. Alan Merson, Regional Administrator
United States Environmental Protection Agency
Region VIII
1960 Lincoln Street
Denver, Colorado 80203
RE: Solid Waste Disposal Act, P.L. 94-580 -- Advance Notice
Of Proposed Rulemaking.
Dear Mr. Merson:
The Board of Weld County Commissioners understands that the
Environmental Protection Agency has been required under the
above referenced Act to develop certain regulations and guide-
lines pertaining to solid waste disposal facilities. The Board
also understands that, in its course of business, it is required
to regulate sanitary landfills and/or open dumps within the
confines of Weld County, Colorado. We, therefore, would like
to thank your agency for this opportunity to participate in the
formation of regulations and guidelines pertaining to solid waste
management practices.
The Board of Weld County Commissioners has several problems with
the proposed regulations as contained in the Draft - Part 257.
Are such provisions necessary for all areas in the nation,
regardless of the geographic and population characteristics of
an area? Who would be the policing agent for the implementation
of the regulations? Who would be responsible for the cost of
installation and operation of such a system?
A commendable change from present regulations is the guideline
contained in 257.3 (n) , concerning the covering of material ; this
provision would appear to be a much more realistic approach to the
application of cover.
The Implementation Section 4005 (b) on Page 9, as it is written,
would be unacceptable to Weld County, with its 4000 square miles
of area and its 4400 miles of road. The population is widely
disbursed in many areas, with the distances between population
centers ranging from 15 to 50 miles . Many geographic areas within 1�6 311
the county generate very small quantities of solid waste material , 1 U
770:142
Alan Merson -- 9/16/77 Page Two
but still require the accessibility of solid waste disposal
facilities. Most of the disposal sites within Weld County could
not, in the foreseeable future, generate sufficient tonnage of
solid waste to necessitate implementation of such guidelines.
It would not be feasible for Weld County to consider closing open
dumps at the rate of 20% per year or upgrading those dumps within
six years after promulgation of the Criteria. We believe that it
would not only be financially unfeasible, but because of the stable
characteristics of the population in these areas , the rate of
growth in the amount of solid waste to be disposed of would not
require or justify such upgraded facilities in the foreseeable
future.
If the Criteria would require the closing of open dumps, Weld
County would have no means of enforcing such a provision, and the
result of such closings would merely be to move the disposal of
trash to county roadsides. Weld County has investigated "greenboxes ,"
roll-off trailers, and countywide pick-ups, none of which were
feasible for Weld County. Some alternative methods have been
instituted with little success in neighboring counties, including
Boulder, Larimer, and Morgan.
The property tax base of Weld County has no reasonable expectation
of producing the funds which would be needed to institute a
sophisticated trash disposal system if counties are to be responsible
for the cost of implementing these regulations. We realize that
our methods of dealing with the solid waste disposal problem are
not perfect, but we believe that they are sufficient for the scope
of our problem and can be met within the financial resources
available to Weld County.
The proposed Criteria contained in 257.4-4 (A) , would prohibit the
open burning of residential , commercial , and institutional solid
waste. A large portion of Weld County is in an air pollution basin,
which by federal , state, and local air pollution regulations, allows
for open burning. We believe that the continuance of open burning
in those areas of Weld County will not diminish the quality of the
air in Weld County, or the region, and is a viable alternative to
centralized disposal of trash. We would recommend that the ban on
open burning, as proposed, be eliminated in those areas which are
at the present time, because of air quality standards, allowed to
conduct open burning.
Section 257.4-5 Land, is unclear as to what crops could be produced
in areas previously used for solid waste disposal , and in its
presently proposed state, implies a more restrictive use than
would be acceptable to Weld County. The definition of "food-chain
crops" given in these proposed regulations, Page 14, states that
this means "crops grown for human food, forage and feed grain for
Alan Merson -- 9/16/77 Page Three
animals, and tobacco. " Such a definition would appear to be all
inclusive of the livestock and food crops normally grown in this
region. From our reading of the proposed regulations , the only
permissable crops would seem to be fibers or materials used in
manufacturing.
The varieties of crops which can be successfully grown in
Northeastern Colorado are limited by climatological and hydro-
logical factors, and include major crops of winter and spring
wheat, corn for grain and silage, barley, sorghum grain, dry
beans, sugar beets, oats, hay, potatoes , rye, and other fruits
and vegetables. We, therefore, believe that there are some crops
and feed grains which should be exempted from this provision,
such as feed grains used in the production of livestock.
This section is of particular concern to Weld County since,
historically, open dumps have been permitted in gullies , ravines
and depressions on agricultural land in order to develop a fill
area, which could then be transformed into agriculturally
productive land.
Weld County has for many years, since the inception of irrigation
practices for agricultural production, been a major producer
of agricultural commodities. We wish to protect, above all else,
our ground and surface water quality. We do, however, believe
that in a county such as ours with disburse population, semi-arid
climate, large geographic boundaries, and regulated land uses ,
the decision as to the regulation of sanitary landfills and/or
open dumps should allow for local options. Such options should
allow local governments to protect the environment of our land,
water and air, and provide adequate service to the inhabitants
of Weld County at a reasonable cost.
It appears that by adoption of regulations and rules of implementation,
a permit system is on the horizon, which would perhaps conflict with
previously adopted land use and zoning provisions and the Weld County
Comprehensive Land Use Plan. Weld County's planning and zoning
regulations require any proposed sanitary landfill or disposal site
to first obtain a Special Use Permit, along with public hearings and
review by the State Health Department so that such sites will comply
with health and safety standards. The Weld County Comprehensive
Plan states, ". . .to protect the environmental quality of Weld County. . .
any land use that will pollute any stream, body of water, subsurface
aquifer, aquifer recharge, the air or the surrounding surface will
require the development of a proper treatment facility or environ-
mental protective operation before said land use can be allowed. "
Weld County does, and will continue, to protect the health and
safety of its citizens and the quality of its land and water through
locally administered land use regulations and state administered
health regulations. An additional permit process would be costly,
Alan Merson -- 9/16/77 Page Four
difficult to enforce, and a duplication of efforts. As demonstrated
by the proposed regulations, such federally adopted requirements
often cannot address the varied geographic and population needs
of all areas in the nation. In such cases, we believe that control
of permit processes are better vested in local governmental agencies,
operating within guidelines which allow for local options .
We realize that these are draft regulations, and that final rules
and regulations for implementation will have to be developed from
these drafts. It is a concern of Weld County to know who will be
in charge of developing the rules of implementation; if it is to
be the State Health Department, we wish to receive from them copies
of any proposed implementation plan.
The Board of Weld County Commissioners would appreciate your
considering these concerns in your discussion and final draft
of these regulations and their implementation. Thank you for
your attention to this matter.
Sincerely,
2/ f
J,uhee K. Steinmark, Chairperson
Board of Weld County Commissioners
JKS/clb
cc Dr. Franklin Yoder
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