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Home My WebLink About20180400.tiffRESOLUTION RE: APPROVE TEMPORARY WAIVERS UNDER SOLID WASTE PROGRAM FOR WASTE TIRE MONOFILL - CH2E COLORADO, LLC, AND HUDSON TIREVILLE, 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, CH2E is a waste tire monofill solid waste disposal site and facility located in unincorporated Weld County, with a current, valid certificate of designation, and WHEREAS, as authorized by C.R.S. §30-20-1415(3), CH2E has received conditional approval from the Colorado Department of Public Health and Environment (CDPHE) for temporary, one-year waivers of the requirements provided in C.R.S. §30-20-1415(1)(j) and (k), conditioned on approval by the Board of County Commissioners, and WHEREAS, the Board of County Commissioners held a public hearing on February 5, 2018, at the hour of 9:00 a.m., in the Chambers of the Board, and WHEREAS, CDPHE has enacted the policy "Obtaining waivers from the statutory requirement of 30-20-1415(1)(j) and (k) regarding Waste Tire Monofills", which requires the operator to obtain the approval of such waivers from the local governmental entity, and to demonstrate certain criteria, and WHEREAS, the Board heard all of the testimony of those present at the public hearing, studied the request and the recommendation of staff from the Weld County Department of Public Health and Environment (WCDPHE) Division of Environmental Health, including all exhibits submitted into the record and evidence presented, and being fully informed, finds that the requests shall be approved for the following reasons: 1. Section 30-20-1415(1)(j), C.R.S. requires that, on an annual basis, for every one waste tire received, a Waste Tire Monofill must end use at least two waste tires or process at least two waste tires into tire -derived product. The Waste Tire Monofill will process at least one waste tire into tire -derived product used off of the monofill site for every two waste tires received. This rate of waste tire processing and receipt will be reviewed at least annually by the Solid Waste Program. In reviewing a request by a Waste Tire Monofill to continue this ratio of waste tire processing to receipt extending past 2018, the Solid Waste Program will consider information on the following: i. The potential hardships to the Waste Tire Monofill and the waste tire service area if the Waste Tire Monofill is not allowed to receive two waste tires for every one waste tire processed. Absence of alternatives, not just economics, must be demonstrated. CH2E's recent performance ratio for the last three years for the removal of waste tires from the Monofill has been as follows: 2015: 1 waste tire in: 2.4 waste tires out; 2016: 1 waste tire in: 8.3 waste tires out; 2017 YTD: 1 waste tire in: 2.1 waste tires out. It is CH2E's intention to meet and exceed the ee. (-8c ? t..M 2018-0400 PL0456 RE: TEMPORARY WAIVERS UNDER SOLID WASTE PROGRAM FOR WASTE TIRE MONOFILL - CH2E COLORADO, LLC, AND HUDSON TIREVILLE, LLC PAGE 2 required processing ratio of one waste tire in and two waste tires out. CH2E's efforts towards developing end -use markets to fulfill the one -in / two -out requirement are numerous, various and on -going. This includes taking steps to identify and develop tire -derived product end use markets, including: tire pyrolysis venture(s), gasification venture(s), crumb rubber line installation (funded by CDPHE RREO Grant), a 5 million dollars investment in a crumb rubber facility, a tire -derived products partnership with an end -user manufacturer, the development of equestrian and other specialty markets for crumb rubber, and new marketing initiatives. Potential hardships could arise if the Monofill is not allowed to receive two waste tires for every one waste tire processed. CH2E has spent most of 2017 retooling the tire processing operation towards producing crumb rubber. This type of operation requires primarily truck tires, but other tire types (passenger tires, OTR, mining tires) are received and may need to be Monofilled temporarily until they can be recycled. These tires are inventoried and staged in the Monofill, they are not buried, and are available for recycling. ii. By April 1 of each year, the Waste Tire Monofill will report to the Division the steps taken in the previous calendar year to identify and develop potential tire -derived product end use markets. The operator has committed to report to CDPHE as required. 2. Section 30-20-1415(1)(k), C.R.S. states that no waste tires may be placed into Waste Tire Monofill storage after January 1, 2018. The Solid Waste Program will allow placement in the monofill cells of up to one-half of the tires accepted at the site during 2018. This rate of waste tire placement will be reviewed at least annually by the Solid Waste Program. In reviewing a request by a Waste Tire Monofill for placement of waste tires in monofill cells extending past 2018, the Solid Waste Program will consider information on the following: I. The potential hardships to the Waste Tire Monofill and the waste tire service area if the Waste Tire Monofill discontinues taking and storing/disposing of waste tires. Absence of alternatives, not just economics, must be demonstrated. CH2E's waste tire recycling performance has been successful throughout 2016 and 2017 (-75,000 tons recycled and sold into the marketplace), and CH2E has undertaken a major market development effort in order to build upon and further sustain this momentum and progress towards emptying and closing the Monofill. Potential hardships could arise if the Monofill is not allowed to receive two waste tires for every one waste tire processed. CH2E has spent most of 2017 retooling the tire processing operation towards producing crumb rubber. This type of operation requires primarily truck tires, but other tire types (passenger tires, OTR, mining tires) are received and may need to be Monofilled temporarily until they can be recycled. These tires are inventoried and staged in the Monofill, they are not buried, and are available for recycling. CH2E has committed to work with the County and the State to develop cleanup project work. 2018-0400 PL0456 RE: TEMPORARY WAIVERS UNDER SOLID WASTE PROGRAM FOR WASTE TIRE MONOFILL - CH2E COLORADO, LLC, AND HUDSON TIREVILLE, LLC PAGE 3 ii. The specific waste tire types that require placement into a Monofill cell. Except for a small volume of OTR tires, CH2E has processed all incoming, dynamic tires first and no additional tires have gone into the Monofill. CH2E processes and recycles 100% of truck tires received and is in discussion to sell tire derived material from passenger and OTR tires. iii. By April •1 of each year, the Waste Tire Monofill will report to the Division the steps taken in the previous calendar year to identify and develop potential tire -derived product end use markets. The operator has committed to report to CDPHE as required. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of CH2E for waivers under the Solid Waste Program, as described herein, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of February, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dit,L) G �Clto•'. Weld County Clerk to the Board BY: Deputy Clerk to the APP :%'»AST ttorney Date of signature: Oa -2.818 Mike Freeman Ste, a Moreno, Chair arbara Kirkmeyerr, Pro-Tem Sean P. Conway Ju . Cozad 2018-0400 PL0456 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weidhealth.org Memorandum To: Board of County Commissioners From: Ben Frissell, Environmental Health Services Date: January 12, 2018 Re: CH2E Waiver Request In response to statutory changes which now requires that no waste tires be placed into Waste Tire Monofill storage after January 1, 2018 and the general requirement that waste tire facilities to process two waste tires for every one waste tire they receive, CDPHE has conditionally approved a waiver of the new requirements for the operator of the waste tire facility in Weld County, CH2E, as permitted by law. CH2E must now receive approval from the County before the waiver is finally approved. County staff support the request, which is outlined in more detail below The Colorado General Assembly recognizes that there may be instances when waste tire facilities have problems complying with statutory requirements, specifically, the requirements listed below. Section 30-20-1414 (3), C.R.S. grants the Colorado Department of Public Health and Environment (CDPHE) the authority to waive waste tire management and disposition requirements. As such, the CDPHE developed a policy "Obtaining waivers from the statutory requirements of 30-20-1415(1)(j) and (k) regarding Waste Tire Monofills", dated 11/6/2017, outlining a waiver procedure and specific requirements for Waste Tire Monofills. As part of this policy, the local governing authority will need to provide approval to the requesting Waste Tire Monofill. A request is being made by CH2E Colorado, LLC and Hudson Tireville, LLC (Hudson Tireville, LLC is a subsidiary company of CH2E Colorado, LLC) which is a Tire Mono -Fill and Tire Recycling Facility located in the I-3 (Industrial) Zone District. The property is in part of the SE4 of Section 32, Township 3N, Range 65W, of the 6th P.M Weld County, CO. This specific request is for a waiver from the requirements of the Strategies for Waste Tires, Section 30-20-1415(1) (j) and (k) C.R.S. and the parallel provisions, Section 10.5.1 (J) and (M) of Section 10 of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 (the "Regulations"). The waiver request, Waste Tire Monofill Waiver Request, which was received on December 29, 2017, requests a waiver from the following Waste Tire Monofill inventory reduction requirements of Section 30-20-1415, C.R.S.: 1). Section 30-20-1415(1)(j), C.R.S.: On an annual basis, for every one waste tire received, a Waste Tire Monofill must end use at least two waste tires or process at least two waste tires into tire -derived product; 2). Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6452 9 2018-0400 PLoi{5e, Section 30-20-1415(1)(k), C.R.S.: No waste tires must be placed into Waste Tire Monofill storage after January 1, 2018. As part of the CDPHE policy, specific reasons must be presented for consideration for each waiver request made. The specific requirements for each section are defined below. 1) Requirements for a waiver request from Section 30-20-1415(1)(j), C.R.S., and Section 10.5.1(J) of the Regulations to allow for a Waste Tire Monofill site to process at least one waste tire into tire -derived product used off of the Monofill site for every two waste tires received are as follows: a) The potential hardships to the Waste Tire Monofill and the waste ti re service area if the Waste Tire Monofill is not allowed to receive two waste tires for eyery one waste tire processed. Absence of alternatives, not just economics, must be demonstrated. b) By April 1 of each year, the Waste Tire Monofill will report to the Division the steps taken in the previous calendar year to identify and develop potential tire - derived product end use markets. The Waste Tire Monofill must make every effort to end use or process the maximum number of waste tires that the end use market (local and regional) can support. Note 1: For 2019 and beyond, the Solid Waste Program will reassess the ratio of tires accepted for storage disposal at Monofills versus tires end -used or processed, but it is the Solid Waste Program's intention to revert to the previously established 2 to 1 ratio as rapidly as practically feasible. Note 2: Any waste tires collected as part of the Solid Waste Program's or local government sponsored illegal waste tire cleanup or events are exempt from the end use and/or processing of waste tires ratio during 2018 and 2019. 2) Requirements for a waiver request from Section 30-20-1415(1)(k), C.R.S. and Section 10.5.1(M) of the Regulations to allow for a Waste Tire Monofill site to place waste tires within the Monofill of up to one-half of the tires accepted at the site during 2018 are as follows: a) The potential hardships to the Waste Tire Monofill and the waste tire service area if the Waste Tire Monofill discontinues taking and storing/disposing of waste tires. Absence of alternatives, not just economics, must be demonstrated. b) The specific waste tire types that require placement into a Monofill cell. c) By April 1 of each year, the Waste Tire Monofill will report to the Division the steps taken in the previous calendar year to identify and develop potential tire - derived product end use markets. CH2E has provided the following reasons for the waiver request which cover the requirements outlined above: 1. CH2E's waste tire recycling performance has been successful throughout 2016 and 2017 (-75,000 tons recycled and sold into the marketplace), and CH2E has undertaken a major market development effort in order to build upon and further sustain this momentum and progress towards emptying and closing the Monofill. 2. CH2E's recent performance ratio for the last three years for the removal of waste tires from the Monofill has been as follows: 2015: 1 waste tire in: 2.4 waste tires out; 2016: 1 waste tire in: 8.3 waste tires out; 2017 YTD: 1 waste tire in: 2.1 waste tires out. It is CH2E's intention to meet and exceed the required processing ratio of 1 waste tire in and 2 waste tires out. 3. CH2E's efforts towards developing end -use markets to fulfill the 1 in 2 out requirement are numerous, various and on -going. This includes taking steps to identify and develop tire -derived product end use markets, including: tire pyrolysis venture(s), gasification venture(s), crumb rubber line installation (funded by CDPHE RREO Grant), a 5 million dollars investment in a crumb rubber facility, a tire -derived products partnership with an end -user manufacturer, the development of equestrian and other specialty markets for crumb rubber, and new marketing initiatives. 4. Except for a small volume of OTR tires, CH2E has processed all incoming, dynamic tires first and no additional tires have gone into the Monofill. CH2E processes and recycles 100% of truck tires received and is in discussion to sell tire derived material from passenger and OTR tires. 5. Potential hardships could arise if the Monofill is not allowed to receive two waste tires for every one waste tire processed. CH2E has spent most of 2017 retooling the tire processing operation towards producing crumb rubber. This type of operation requires primarily truck tires, but other tire types (passenger tires, OTR, mining tires) are received and may need to be Monofilled temporarily until they can be recycled. These tires are inventoried and staged in the Monofill, they are not buried, and are available for recycling. 6. CH2E will work with the local government and the State to develop cleanup project work As of January 11, 2018, CH2E has applied for and been granted conditional approval for their waiver request from the CDPHE. In a letter dated January 11, 2018, titled, Approval with Conditions: Waiver for certain requirements of Section 30-20-1415(1)(j) and (k), C.R.S. and 6 CCR 107-2, Part 1, Section 10.5.1(J) and (M) for CH2E Colorado LLC — Hudson Tireville LLC, the CDPHE outlines CH2E's reasons for their request, answering the items shown above, and provides specific conditions for the approval. Based on this letter and after review of the submitted material, WCDPHE agrees with the State's recommendation for approval contingent on the outlined conditions. It should be noted that this approval is for calendar year 2018. A waiver request for these provision for calendar year 2019 and beyond would need to be obtained from the CDPHE and Weld County. At the Board's discretion and with their approval, a waiver request from CH2E, if not different than above request for calendar year 2019 and/or beyond, may be approved by WCDPHE without the need to bring to a hearing. SUBJECT: APPLICANT: STAFF: REQUEST: LEGAL DESCRIPTION: LOCATION: WAIVER REQUEST BEN FRISSELL TO OBTAIN A WAIVER FROM THE STATUTORY REQUIREMENTS OF 30-20- 1415(1)(J) AND (K) REGARDING WASTE TIRE MONOFILLS BEING A PART OF THE SE1/4 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6T" P.M., WELD COUNTY, COLORADO WEST AND ADJACENT TO COUNTY ROAD 41 APPROXIMATELY .68 MILES SOUTH OF COUNTY ROAD 28 BACKGROUND The Colorado General Assembly intended that all of Colorado's Waste Tire. Monofills should close by July 1, 2024. They hoped new markets would emerge and allow Monofills to remove and recycle their stock by 2024. To achieve this the following were implemented. — Requirement for every tire received, two tires must be recycled and; — Not allowing placement of waste tires in Monofills after January 1, 2018. BACKGROUND • Due to unforeseen difficulties in establishing end markets for waste tires, the General Assembly provided the CDPHE the authority to waive the above requirements. • A Policy was established by the CDPHE on November 6, 2017, to outline the process to allow Monofills to continue to accept tires and amend process requirements. Local approval is part of the Policy. WAIVER REQUEST Current Requirement • Required to process 2 waste tires for every 1 accepted. • No waste tires can be placed into the Monofill after January 1, 2018. Proposed Requirement Process 1 tire for every 2 tires received. Allow placement of waste tire into the Monofill, but only half of the amount accepted at the site during 2018. WAIVER REQUEST • CH2E requested a waiver on December 29, 2017. • CH2E followed the November 6, 2017 CDPHE Policy for their request. • CH2E received conditional approval from the CDPHE on January 11, 2018. • Approval is only for calendar year 2018. ggCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 Waste Tire Monofill Waiver Request To: Weld County Department of Public Health & Environment (WCDPHE) Ben Frissell, Environmental Health Specialist, Waste Program Coordinator bfrissell-durley@co.weld.co.us • 970-400-2220 Colorado Department of Public Health & Environment (CDPHE) Solid Waste and Materials Management Program Shana Baker, MAS, REHS, Waste Tires Work Leader shana.baker@state.co.us • 303-692-3305 Anna Maylett, Environmental Protection Specialist anna.maylett@state.co.us • 303-692-3459 From: CH2E Colorado LLC Hudson Tireville LLC Hudson Tireville Operations Company LLC Robert Zecher, Chief Executive Officer robert@ch2e.com • 303-536-4136 Jamie Kostura, Chief Operating Officer jamie@ch2e.com • 303-219-7345 NCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 Table of Contents 1 Executive Summary 3 2 Restatement of CDPHE Policy Statements, Program and Purpose 4 3 CDPHE's Waiver Options & CH2E's Waiver Request(s) 6 3.1 Waiver #1: One Tire In, Two Tires Out 6 3.2 Waiver #2: No Placement of Tires Into Monofill after January 1, 2018 9 3.3 Waiver #3: Closure of Waste Tire Monofills by July 1, 2024 11 4 Regulation for Waiver Processes and Procedures (6 CCR 1007-2, Part 1, 1.5) 12 5 Property Information 17 7 CH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 1 Executive Summary This document presents a brief background of the Colorado General Assembly's intentions towards the current policy relating to the Waste Tire Monofills in Colorado, specifically Section 30-20-1415, C.R.S., which contains Waste Tire Monofill requirements towards the management and disposition of waste tires. Additionally, this document presents CH2E's request for a waiver from various requirements incumbent upon the Waste Tire Monofills, as stated in 30-20-1415, C.R.S., namely: 1) Section 30-20-1415(1)(j), C.R.S. requires that, on an annual basis, for every one waste tire received, a Waste Tire Monofill must end use at least two waste tires or process at least two waste tires into tire -derived product; 2) Section 30-20-1415(1)(k), C.R.S. states that no waste tires may be placed into Waste Tire Monofill storage after January 1, 2018; and 3) Section 30-20-1415(1)(k) requires that Waste Tire Monofills must close by July 1, 2024. Despite CH2E's successful waste tire recycling performance throughout 2016 and 2017 (^' 75,000 Tons recycled and sold into the marketplace), new and more robust markets are required in order to build upon and further sustain this momentum and progress towards emptying and closing the Monofill. The sunset of the End User Fund will remove the ability for end -users and processors alike to utilize the crucial rebate fees, which once assisted the funding of this fragile market development. Without this financial support and further investment into market development, the State of Colorado will have to deal with the immediate negative impact, likely manifesting in the decline of the end -use of waste tires while further raising the cost of tire processing. This situation may even lead to the illegal disposal of tires. For these stated reasons, in addition to the tenuous financial state of the business, CH2E will likely have difficulty complying with the aforementioned statutory requirements, as the CDPHE has already anticipated. As such, CH2E appreciates the General Assembly's actions towards providing the CDPHE with the authority to waive the aforementioned requirements on the Monofills and herby requests a waiver of these same requirements. CH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 2 Restatement of CDPHE Policy Statements, Program and Purpose The following content is a restatement of the background and purpose of CDPHE's Policy Issuance, signed by Solid Waste and Materials Management Program Manager and HMWMD Division Director on November 6, 2017. Policy Title: Obtaining waivers from the statutory requirements of 30-20-1415(1)(j) and (k) regarding Waste Tire Monofills Program: Solid Waste and Materials Management Program (Solid Waste Program) Purpose: Section 30-20-1415, C.R.S. ("the Statute") contains Waste Tire Monofill requirements concerning the management and disposition of waste tires: 1) Section 30-20-1415(1)(j), C.R.S. requires that, on an annual basis, for every one waste tire received, a Waste Tire Monofill must end use at least two waste tires or process at least two waste tires into tire -derived product; 2) Section 30-20-1415(1)(k), C.R.S. states that no waste tires may be placed into Waste Tire Monofill storage after January 1, 2018; and 3) Section 30-20-1415(1)(k) requires that Waste Tire Monofills must close by July 1, 2024. 6 CCR 1007-2, Section 10 ("the Regulations"), contains parallel provisions in sections 10.5.1 (J) and (M). The Colorado General Assembly recognized that there may be instances when waste tire facilities have problems complying with the statutory requirements listed above, and Section 30-20-1415 (3), C.R.S. grants the Colorado Department of Public Health and Environment the authority to waive waste tire management and disposition requirements. The purpose of this policy is to describe when the department, through the Solid Waste Program, and after consultation and approval from the local governing authority, will consider providing waivers to Waste Tire Monofills for the statutory requirements listed above in response to the sunset of the End Users Fund on January 1, 2018. The Solid Waste Program believes that the sunset of the End Users Fund will cause a period of uncertainty within the waste tire markets, and may result in an increase in illegal waste tire disposal if the Waste Tire Monofills are forced to comply with 30-20-1415(1)(j) and (k), C. R.S., and the parallel provisions in sections 10.5.1 (J) and (M) of the Regulations. Background: Colorado's three Waste Tire Monofills ("Monofill(s)") currently store approximately 57.5 million waste tires. Colorado generates -approximately 7.2 million new waste tires each year and 4 CH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 receives more than 667,000 waste tires from neighboring states. And, although the' re -use rate in Colorado in recent years has hovered around 100%, the three Waste Tire Monofills in Colorado have played a key role in managing waste tires generated in Colorado and neighboring states and waste tires from illegal waste tire cleanups and waste tire collection events. The Colorado General Assembly intended that all three of Colorado's Waste Tire Monofills close by July 1, 2024. Further, the General Assembly hoped new markets would be developed and other end uses would be established precluding the need for additional placement of any additional waste tires in Waste Tire Monofills after January I, 2018. In addition, the General Assembly hoped new markets and end uses would allow Waste Tire Monofills to remove and recycle most of their stored tires by July 1, 2024 such that these facilities could be closed with minimal tires left in -place. Nonetheless, recognizing the inherent difficulties in establishing end markets for waste tires and closing the State's three Waste Tire Monofills by 2024, the General Assembly provided the department authority to waive the requirements of Section 30-20-1415, C.R.S. With Colorado's waste tire recycling rate at around 100% for the last several years, Waste Tire Monofills have been removing waste tires from their inventories. However, with the sunset of the End User Fund in 2018 and the end -use rebates that the fund provided, the department believes that end -use of waste tires in Colorado will significantly decline. This means that, to avoid illegal waste tire disposal around the state, Waste Tire Monofills will have to act as storage/ disposal sites for newly generated waste tires after January 1, 2018. It also means that the monofills may not be able to honor the "one tire in - two tires out" ratio in the statute. In addition, it may mean that Waste Tire Monofills may not be able to remove all of the waste tires from monofill cells by July 1, 2024. Policy: Based on the authority in section 30-20-1415(3), C.R.S., and pursuant to this Policy, the Solid Waste Program, after consultation with the local governing authority, will consider a Waste Tire Monofill's request for a waiver from the requirements in sections 30-20-1415(1)(j) and (k), C.R.S. Any waiver granted by the Solid Waste Program pursuant to this policy is not transferable to subsequent Waste Tire Monofill owners or operators. The department may revisit these limitations on a case -by -case basis. XCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 3 CDPHE's Waiver Options & CH2E's Waiver Request(s) The following content provides the detail of the Regulation as it pertains to the various requirements of the Waste Tire Monofills, signed by Solid Waste and Materials Management Program Manager and HMWMD Division Director on November 6, 2017. CH2E's waiver requests are also included herein. 3.1 Waiver #1: One Tire In, Two Tires Out Waiver of Section 30-20-1415(1)(j), C.R.S., and Section 10.5.1(J) of the Regulations: On an annual basis, for every waste tire received, end use at least two waste tires, or process at least two waste tires into tire -derived product. The Solid Waste Program will consider waiving this requirement upon request of a Waste Tire Monofill, with the following limitations: CH2E requests a waiver of this requirement effective immediately. A. The Waste Tire Monofill will process at least one waste tire into tire -derived product used off of the monofill site for every two waste tires received. This rate of waste tire processing and receipt will be reviewed at least annually by the Solid Waste Program. In reviewing a request by a Waste Tire Monofill to continue this ratio of waste tire processing to receipt extending past 2018, the Solid Waste Program will consider information on the following: CH2E's recent performance ratio for the last three years is as follows: — 2015 = [1 in: 2.4 out] — 2016 = [1 in: 8.3 out] — 2017YTD=[1 in:2.1out] It is CH2E's intention to meet and exceed the required processing ratio of 1 in : 2 out. i. The potential hardships to the Waste Tire Monofill and the waste tire service area if the Waste Tire Monofill is not allowed to receive two waste tires for every one waste tire processed. Absence of alternatives, not just economics, must be demonstrated. CH2E's efforts towards developing end -use markets to fulfill the [1 in : 2 out] requirement are numerous, varied and on- going. Despite not being the primary business function, and in addition to maintaining regulatory compliance, CH2E has undertaken this major market development effort, as it is incumbent upon us for the mere survival of the business. A Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 Processing at least two waste tires for every one waste tire received at the Monofill has typically been achievable. This ratio of [2 out: 1 in] for the last 3 -years is as follows: Y2015 ratio of processed tires to received tires was [2.4 out :1 in], as tire shreds, carbon black and waste tire pyrolysis oil were all produced Y2016 ratio grew significantly to [8 out: 1 in], with the production primarily of Alternative Daily Cover (ADC) Y2017 ratio is decreasing from prior years and will be essentially [2 out : 1 in] by the end of the year The significant ratio decrease between 2016 and 2017 is due to the lack of Alternative Daily Cover (ADC) sales. The economics for.. the ADC customers were no longer favorable and therefore this market : essentially disappeared. The 2017 ratio has also been challenging to maintain as sales of Tire Derived Fuel (TDF) have steadily declined to zero. The TDF customer market is not yet mature enough and the product pricing is not yet stable to rely upon this market for sales (and therefore processing ratios) moving forward. Because both primary customer markets (ADC and TDF) have essentially disappeared, CH2E has spent most of 2017 retooling the tire processing operation towards producing crumb rubber while also forging new relationships in the crumb rubber markets. With the absence of crumb rubber as an alternative to the ADC and TDF markets, CH2E requires more time to stabilized the processing ratios while developing the new market. The crumb rubber customers are simply not 7 kP db�� s VFc Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 yet in place. Additionally, crumb rubber processing throughput is much lower than ADC and TDF. Therefore meeting the ratio will continue to be more and more of a challenge until this new crumb rubber market is developed and the processing equipment is optimized. Alternatively, if the ADC and/or TDF markets were to return, CH2E could return to processing ratios closer to the [8 out I in] rates and empty the entire Monofill within 6 — 7 years. We ask CDPHE to join . .ur effort to develop the crumb rubber market and also t.; analyze the possibility of resurrecting the regional ADC and TDF markets. ii. Monofill taken identify By April will in and the 1 report develop of each previous to year, the potential calendar Division the tire Waste the year -derived steps Tire to CH2E taken product will to report identify end use more and markets, specifically develop including: tire the -derived steps product end use markets. 1) Tire pyrolysis venture(s) 2) Gasification venture(s) 3) Crumb rubber line installation, funded by 4) CDPHE $5m facility investment RREO Grant in a crumb rubber 5) Tire end -derived -user manufacturer products partnership with 6) Development specialty markets of equestrian for crumb rubber and other 7) New marketing (and marketing many and more launch initiatives efforts of including a new not stated website direct here) The effort number market Waste to (local end of Tire use waste and Monofill regional) or tires process that must can the the support. make maximum every end use For all additional (except CH2E requirement exceed incoming, the last for understands the three tires small operational and dynamic have volumes years, will the gone venture CH2E tires of significance performance into OTR to has first the tires). continue processed and monofill of of this the no to CH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 last three years. Note 1: For 2019 and beyond, the Solid CH2E understands the significance of this Waste Program will reassess the ratio of tires requirement and will venture to continue to accepted for storage/disposal at monofills exceed the operational performance of the versus tires end -used or processed, but it is last three years. the Solid Waste Program's intention to revert to the previously established 2 to 1 ratio as rapidly as practically feasible. Note the 2: Solid Any waste Waste tires collected Program's as or part local of CH2E compliance is reacting to the environment new and appreciates business and the government sponsored illegal waste tire availability of this exemption. cleanup or events are exempt from the end use and/or processing of waste tires ratio The business plan has been expanded and during 2018 and 2019. CH2E has registered as a Hauler and Mobile in typically Tire cleanups Processor and outside in preparation collection of CH2E's events, purview. for participation which are 3.2 Waiver #2: No Placement of Tires Into Monofill after January 1, 2018 Waiver of Section 30-20-1415(1)(k), C.R.S. and Section 10.5.1(M) of the Regulations: No placement of any waste tires into Waste Tire Monofill storage after January 1,2018. CH2E's.Waiver Reques The Solid Waste Program will consider waiving this requirement upon request of a Waste Tire Monofill, with the following limitations: CH2E requests a waiver of this requirement effective immediately. A. The Solid Waste Program will allow placement in the monofill cells of up to one-half of the tires accepted at the site during 2018. This rate of waste tire placement will be reviewed at least annually by the Solid Waste Program. In reviewing a request by a Waste Tire Monofill for placement of waste tires in monofill cells extending past 2018, the Solid Waste Program will consider information on the following: For the last three years, CH2E has processed all incoming, dynamic tires first and no additional tires have gone into the monofill (except for small volumes of OTR tires). CH2E understands the significance of this requirement and will venture to continue to exceed the operational performance of the last three years. U citCH2 Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 i. The potential hardships to the Waste Tire Monofill and the waste tire service area if the Waste Tire Monofill discontinues taking and storing/disposing of waste tires. Absence of alternatives, not just economics, must be demonstrated. Despite not being the primary business function, and in addition to maintaining regulatory compliance, CH2E has undertaken this major market development effort, as it is incumbent upon us for the mere survival of the business. CH2E has spent most of 2017 retooling the tire processing operation towards producing crumb rubber while also forging new relationships in the crumb rubber markets. Crumb rubber requires primarily truck tires as feedstock. Therefore, all truck tires that arrive to the CH2E Monofill are segregated and recycled into crumb rubber. The only other tires that CH2E receives are standard passenger tires and on occasion, very rarely, OTR/mining tires. And for each (1) truck tire received, there are (0.12) passenger tires and (0.01) OTR/mining tires received. Therefore the the passenger and OTR/mining tires will need to be placed into the monofill unless / until the ADC and TDF product markets return. Regardless, these tires are inventoried and staged in the monofill, they are not buried, and they are ready for recycling at any moment. ii. The specific waste tire types that require placement into a Monofill cell. CH2E continues to develop new relationships for the processing and recycling of all tire types. CH2E will also work with the local government and the State to develop cleanup project work. CH2E process and recycles 100% of truck tires received and is in discussions to sell tire derived material from passenger tires and 0 R tires. This market development work will continue in earnest and will be reported upon as required by the CDPHE. �n XCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 iii. By April 1 of each year, the Waste Tire Monofill will report to the Division the steps taken in the previous calendar year to identify and develop potential tire -derived product end use markets. At this time, CH2E processes and recycles 100% of the truck tires received. CH2E continues to develop new relationships for the processing and recycling of all tire types and will work with the local government and the State to develop cleanup project work. CH2E is in current discussions to sell tire derived material from passenger tires and OTR tires as well. This market development work will continue in earnest and will be reported upon as required by the CDPHE. 3.3 Waiver #3: Closure of Waste Tire Monofills by July 1, 2024 Waiver of Section 30-20-1415(1)(k), C.R.S. and Section 10.5.1(M) of the Regulations: Waste Tire Monofills must close by July 1, 2024. PHE sta��tement sk Y,f f 3frrr" � 's✓a' �" f .y f $ ✓9:4.f;,ti"'r'.e.r'P.^f.r. .`�.,+;.�✓'.,.K,. ,...c.; .K. ue,n�fe'. .rp. r. �.,.. .. r.., e.. CH2E i r equ st= s 9 � '"' � }fY� $ A. m"y�''*�..5 �,"" Yu° .e ... . u_w `�.....?u.�Au ..� wi$..enenx.a,.'saf.#'."tYv."�„wuv t�ld.[.ew.2'.v�"�'�~s�w.sLz The Solid Waste Program will not consider CH2E will request the waiver of this waiver requests for this requirement until requirement, as and when needed, following at least January 1, 2020 or until such time as the market trends and market status allow for a better evaluation of the need to extend the July 1, 2024 closure date. A monofill's interim market development efforts, results, and future plans with definable performance benchmarks may be important considerations in this evaluation. the guidance of CDPHE. 11 NCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 4 Regulation for Waiver Processes and Procedures (6 CCR 1007-2, Part 1, 1.5) The following content is a restatement of Colorado's 6 CCR 1007-2, PART 1— Regulations Pertaining to Solid Waste Sites and Facilities, including CH2E's comments on each point of the Waiver Processes and Procedures. 1.5.1 If an applicant wishes to request a waiver of any provision of these regulations, written documentation requesting such waiver or waivers shall be submitted to the Department and the local governing authority. Waiver requests shall be site - specific and shall list those regulations or requirements for which a waiver is being requested. The waiver request shall supply sufficient technical information in a clear and concise format to justify the applicant's request. Minimum information required for a waiver request shall consist of: (A) Name and address of the applicant and the owner (B) Site address and legal description (C) Site or facility name (D) County and township, range, section where the site is located. (E) Type, size, expected active life and operational history of the facility CH2E hereby requests a waiver of the aforementioned provisions and submits this document as the official waiver request. (A) Refer to Section 5 of this document. (B) Refer to Section 5 of this document. (C) Refer to Section 5 of this document. (D) Refer to Section 5 of this document. (E) See below for detail: Type: Waste Tire Monofill — Size: 119.591 Acres — Expected active life: Not applicable, as discussed with CDPHE (Baker & Maylett, 14 -Dec 2017) — Operational History of the Facility, refer to: o WT -5 reports o Site annual inspection reports o 7MUSR16-89-842 (recorded on 06 -Dec 2017) o EDOP version 6.2 (approved on 30 -Jun 2017) 12 XCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 6 CCR 1007-2, PART 1 5 Waive Prd yes an to res i c Ota Comment west (F) Geological, hydrologic, and engineering and other such information necessary to support the applicants waiver request (G) The specific regulatory subsections for which the waiver request is being filed. (H) Any alternative requirements or performance standards offered in place of the standards requested to be waived. (F) Not applicable, as discussed with CDPHE (Baker & Maylett, 14 -Dec 2017) (G) Refer to the Policy stated in Section 2 of this document. (H) Refer to the Policy stated in Section 2 of this document. 1.5.2 Based upon written specific waiver documentation, in their consideration of an application, and in the exercise of their regulatory authority to assure compliance with these regulations, the Department after consultation with the governing body having jurisdiction may waive compliance with standards in Sections 2 through 18 provided that the application satisfies criteria (A) and (B) and (C) and (D) below: (A) The benefits derived from meeting a standard do not bear a reasonable relationship to the economic, environmental, and energy impacts or other factors which are particular to the facility; and (B) Such waiver is consistent with the purposes of the Act and these regulations; and (C) Such waiver is not deemed to constitute a major variation Not applicable, as discussed with CDPHE (Baker & Maylett, 14 -Dec 2017) 13 NCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 6 CCR 1007-2, PART ;:4 1 S Wa�iver'F rot es and Pry 1rrs "? ?��?» �Fi E� Coo t3 Carte �tertt�ec�uest from the requirements of these regulations; and (D) The waiver will not cause or allow the violation of any air or water quality standard or federal or local restrictions. 1.5.3 The Department after consulting with the governing body having jurisdiction, shall waive compliance with the requirements of Section 3.2, "Design Criteria" and Section 2.2, "Ground Water Monitoring and Corrective Action", by owners or operators for new municipal solid waste landfill units, existing MSWLF units and lateral expansions for which the owner or operator has submitted written specific waiver documentation that adequately demonstrates that: (A) Such owners or operators dispose of less than twenty (20) tons of municipal solid waste daily. The twenty tons per day shall be measured as an annual aggregate average; and (B) Certification that the hydrogeologic characteristics of the media beneath the site area are such that migration of contaminants from the facility into off -site ground water are unlikely. A minimum criteria will be that the soils beneath the site have a minimum permeability of at least 1 x 10-6 cm/sec and the distance to the nearest aquifer is such that ground water contamination is unlikely; or (C) There is no evidence of existing ground water contamination from the MSWLF unit indicated by Not applicable, as discussed with CDPHE (Baker & Maylett, 14 -Dec 2017) 14 XCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 .^„`. .,Y -, T,x ,� ,..kG.. ., ),. �' .. . a$,�{ , ,... a � � -:�..� =l , �. -;, , v`a\=, 'i�' ^ � ti�z=.,, 4. x`i-iax. �,rv.: =i hie nz.CS' 4 5 G.. � c:;"'s•� , �.t- , : ~.<:, y4 ;., :�..:;�:. kA z. �. .:3 r- �?z,"h .r;z : x, y 4�.., � `;ys x'.. 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Documentation to fulfill this characterization requirement can consist of independent field study, or (1) That no evidence of leachate was indicated through tests utilizing a piezometer at the point of compliance, or (2) That no evidence of leachate was indicated through a test utilizing a wet/dry monitor at the point of compliance, or (3) Ground water contamination from the unit is determined not to exist or not likely to occur through use of any other test agreed to by the applicant and department; and (4) The MSWLF unit serves a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility; or (5) The MSWLF unit serves a community that has no practicable waste management alternative and the landfill unit is located in an area that annually receives less than or equal to 25 inches of 15 NCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 ''"? n. n�` ��. �`k 1'�{ ,`;� � pn �-..§ S" ti. ,.. ,w.. :•,.::,.�' .,,. ._ ,y> i .., .,, ., '� .V n. .. .' 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C a.. a ",� ",.rc y a k, •Y' Fxs$ ,§�5c r4b `Y" ^ '.-�. � �Y i^ `,443 a w.`EY\ S ,<-:wr:�G'..,4k« .4 . , .,�..:.�•+w.,t`" r* k'�. s ��k. §� fis.. �ra,�i�',3.4�',,c`,e ,�;.~z., '�,2..�. .csuy u'". s"� .�.'� '}s,�,, '� .,4 ��' *' 5 �, ,,x ti`- n";t• t ..t .z *r ��y.., �,.. �'v�`�'s. ..2��" .,.i •: ..:. ±. ,,i''..; 3``N t "5•, t k 4 kC', $1 . �k& >. .. i+ � ' "�:.. C �3`� �h. .p. K �`i� `a �. �.a�J' e' � .�., .x.�f' �." Y, t ni,�'�� 't4;,`:•.y '11�k� � "ti:� � �`.i^7��'Pi �$af'eY ,,.1.` a.p�'S5. "S �£� .a>?,� �."l'� 'i��. � A S'�+:, �`f�2`'.�Y''"S°�i,,�3` .,�W��``• �:. '.. yt, ,.� rfi '6. � k+`�'� yv � �•' precipitation. 1.5.4 A waiver is granted based upon data and information submitted at a given point in time. Anytime that the facility which has been operating under a waiver granted by the Department can no longer meet the waiver criteria, the waiver is void and ceases to exist. CH2E recognizes this provision as stated. 16 NCH2E Waste Tire Monofill Waiver Request(s) from CH2E Colorado December 2017 5 Property Information Owner Name CH2E Colorado LLC Hudson Tireville LLC Hudson Tireville Operations Company LLC 12311 Weld County Road 41, Hudson, CO 80642 Section 32, Township 3 North Range 65 West of the 6th P.M. Parcel I: 121332000019 Parcel II: 121332000020 Parcel III: 121332000023 Parcel IV: 121332000024 I-3 Industrial Zone District 119.591 Total Acres Parcel I: The N1/2 of the S''/: of the S% of the E% of Section 32, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado Parcel II: The S% of the S''/: of the S% of the E1/2 of Section 32, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado Parcel III: Lot B, Recorded Exemption No. 1213-32-4-RE1367, Recorded September 12, 1991 at Reception No. 2263003, Being a part of the S% of the N''/: of the SE% of Section 32, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado Parcel IV: Lot A, Recorded Exemption No. 1213-32-4-RE1367, Recorded September 12, 1991 at Reception No. 2263003, being a part of the S''/: of the N% of the SEX of Sect4ion 32, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado 17 COLORADO Department of Public Health & Environment Dedicated to protecting and improving the health and environment of the people of Colorado January 11, 2018 CH2E Colorado LLC - Hudson Tireville LLC Jamie Kostura 12311 Weld County Road 41 Hudson, CO 80642 RE: Approval with Conditions: Waiver for certain requirements of Section 30-20-1415(1) (j) and (k), C.R.S. and 6 CCR 1007-2, Part 1, Section 10.5.1 (J) and (M) for CH2E Colorado LLC - Hudson Tireville LLC SW WLD MAG 2.5 Dear Mr. Kostura, The Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division (the "Division") received a Waste Tire Monofill Waiver Request from you on December 29, 2017 on behalf of CH2E Colorado LLC - Hudson Tireville LLC"), located at 12311 Weld County Road 41, Hudson CO, 80642, requesting a waiver from the requirements of the Strategies for Waste Tires, Section 30-20-1415(1) (j) and (k) C.R.S. and the parallel provisions, Section 10.5.1 (J) and (M) of Section 10 of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 (the "Regulations"). The waiver request document requests a waiver from the following Waste Tire Monofill inventory reduction requirements of Section 30-20-1415, C.R.S.: 1). Section 30-20-1415(1)(j), C.R.S.: On an annual basis, for every one waste tire received, a Waste Tire Monofill must end use at least two waste tires or process at least two waste tires into tire - derived product; 2); Section 30-20-1415(1)(k), C.R.S.: No waste tires must be placed into Waste Tire Monofill storage after January 1, 2018; 3 CH2E provided the Division the following reasons for the waiver request: a. CH2E's waste tire recycling performance has been successful throughout 2016 and 2017 (-75,000 tons recycled and sold into the marketplace), and CH2E has undertaken a major market development effort in order to build upon and further sustain this momentum and progress towards emptying and closing the Monofill. b. CH2E's recent performance ratio for the last three years for the removal of waste tires from the Monofill has been as follows: 2015: 1 waste tire in: 2.4 waste tires out; 2016: 1 waste tire in: 8.3 waste tires out; 2017 YTD: 1 waste tire in: 2.1 waste tires out. It is CH2E's intention to meet and exceed the required processing ratio of 1 waste tire in and 2 waste tires out. c. CH2E's efforts towards developing end -use markets to fulfill the 1 in 2 out requirement are numerous, various and on -going. This includes taking steps to identify and develop tire -derived product end use markets, including: tire pyrolysis venture(s), gasification venture(s), crumb rubber line installation (funded by CDPHE RREO Grant), a 5 million dollars investment in a crumb rubber facility, a tire -derived products partnership with an end -user manufacturer, the development of equestrian and other specialty markets for crumb rubber, and new marketing initiatives. d. Except for a small volume of OTR tires, CH2E has processed all incoming, dynamic tires first and no additional tires have gone into the Monofill. CH2E processes and recycles 100% of truck tires received and is in discussion to sell tire derived material from passenger and OTR tires. e. Potential hardships could arise if the Monofill is not allowed to receive two waste tires for every one waste tire processed. CH2E has spent most of 2017 retooling the tire processing operation towards producing crumb rubber. This type of operation requires primarily truck tires, but other tire types (passenger tires, OTR, mining tires) are received and may need to be monofilled temporarily until they can be recycled. These tires are inventoried and staged in the Monofill, they are not buried, and are available for recycling. f. CH2E will work with the local government and the State to develop cleanup project work. The Division may issue a waiver relating to any of the provisions of the Strategies for Waste Tires, Section 30-20-1415, C.R.S. and the parallel Regulations in Section 10. The information from the Waste Tire Monofill Waiver Request - December 27, 2017 was reviewed in accordance with Regulations and the "Obtaining waivers from the statutory requirement of 30-20- 1415(1)(j) and (k) regarding Waste Tire Monofills" Policy. The Division approves CH2E's waiver of the following 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe John W. Hickentooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer Mr. Jamie Kostura, CH2E Waiver Approval With Conditions January 11, 2018 Page 2 of 2 requirement of Section 30-20-1415(1)(j) and (k) and the parallel provisions 6 CCR 1007-2, Section 10.5.1 (J) and (M) for CH2E for calendar year 2018 only with the following conditions: 1) Section 30-20-1415(j), C.R.S. and Section 10.5.1(J) of the Regulations - The requirement that on an annual basis for every one (1) waste tire received, CH2E must end use at least two (2) waste tires or process at least two (2) waste tires into tire -derived product is waived for calendar year 2018 only so long as: i. CH2E will process at least one waste tire into tire -derived product used off of the monofill site for every two waste tires received. ii. Any waste tires collected as part of the Solid Waste Program's or local government sponsored illegal waste tire cleanup or events are exempt from the end use and/or processing of waste tires ratio. iii. The Waste Tire Monofill must make every effort to end use or process the maximum number of Waste tires that the end use market (local and regional) can support. 2) Section 30-20-1415(k), C.R.S. and Section 10.5.1(M) of the Regulations - No placement of any waste tires into Waste Tire Monofill storage after January 1, 2018 is waived for calendar year 201-8 only so long as CH2E places in the monofill cell an amount of up to one-half of the tires accepted at the site during 2018. The Solid Waste Program will review the processing ratio and the placement of waste tires' into Monofill storage rate at least annually. A waiver request for these provisions for calendar year 2019 and beyond would need to include the information that is outlined in the "Obtaining waivers from the statutory requirement of 30-20-1415(1)(j) and (k) regarding Waste Tire Monofills" Policy. Section 1.5 of the Regulations requires that the waiver request also be submitted to the local governing authority for their review and approval. If you have any questions regarding this letter please feel free to contact Shana Baker at (303) 692-3305. Sincerely, Shana Baker, Waste Tires Work Lead Materials Management Unit Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division cc: File ec: Anna Maylett, CDPHE Ben Frissell, WCDPHE David Snapp, Unit Leader Materials Management Unit Solid Waste and Materials Management Program Hazardous Materials and Waste Management Division C0PHE COLORADO U87dxdbus Materials & Waste Management Division Dtpatment of Public Health £rErwin T7t ent Policy Title: Obtaining waivers from the statutory requirements of 30-20-1415(1)(j) and (k) regarding Waste Tire Monofills Program: Solid Waste and Materials Management Program (Solid Waste Program) Purpose: Section 30-20-1415, C.R.S. ("the Statute") contains Waste Tire Monofill requirements concerning the management and disposition of waste tires: (1) Section 30-20-1415(1)(j), C.R.S. requires that, on an annual basis, for every one waste tire received, a Waste Tire Monofill must end use at least two waste tires or process at least two waste tires into tire -derived product; (2) Section 30-20-1415(1)(k), C.R.S. states that no waste tires may be placed into Waste Tire Monofill storage after January 1, 2018; and (3) Section 30-20-1415(1)(k) requires that Waste Tire Monofills must close by July 1, 2024. 6 CCR 1007-2, Section 10 ("the Regulations"), contains parallel provisions in sections 10.5.1(J) and (M). The Colorado General Assembly recognized that there may be instances when waste tire facilities have problems complying with the statutory requirements listed above, and Section 30-20-1415 (3), C.R.S. grants the Colorado Department of Public Health and Environment the authority to waive waste tire management and disposition requirements. The purpose of this policy is to describe when the department, through the Solid Waste Program, and after consultation and approval from the local governing authority, will consider providing waivers to Waste Tire Monofills for the statutory requirements listed above in response to the sunset of the End Users Fund on January 1, 2018. The Solid Waste Program believes that the sunset of the End Users Fund will cause a period of uncertainty within the waste tire markets, and may result in an increase in illegal waste tire disposal if the Waste Tire Monofills are forced to comply with 30-20-1415(1)(j) and (k), C.R.S., and the parallel provisions in sections 10.5.1(J) and (M) of the Regulations. Background: Colorado's three Waste Tire Monofills ("Monofill(s)") currently store approximately 57.5 million waste tires. Colorado, generates approximately 7.2 million new waste tires each year and receives more than 667,000 waste tires from neighboring states. And, although the -re -use rate in Colorado in recent years has hovered around 100%, the three Waste Tire Monofills in Colorado have played a key role in managing waste tires generated in Colorado and neighboring states and waste tires from illegal waste tire cleanups and waste tire collection events. The Colorado General Assembly intended that all three of Colorado's Waste Tire Monofills close by July 1, 2024. Further, the General Assembly hoped new markets would be developed 1 and other end uses would be established precluding the need for additional placement of any additional waste tires in Waste Tire Monofills after January 1, 2018. In addition, the General Assembly hoped new markets and end uses would allow Waste Tire Monofills to remove and recycle most of their stored tires by Juiy 1, 2024 such that these facilities could be closed with minimal tires left in -place. Nonetheless, recognizing the inherent difficulties in establishing end markets for waste tires and closing the State's three Waste Tire Monofills by 2024, the General Assembly provided the department authority to waive the requirements of Section 30-20-1415, C.R.S. With Colorado's waste tire recycling rate at around 100% for the last several years, Waste Tire Monofills have been removing waste tires from their inventories. However, with the sunset of the End User Fund in 2018 and the end -use rebates that the fund provided, the department believes that end -use Af waste tires in Colorado will significantly decline. This means that, to avoid illegal waste tire disposal around the state, Waste Tire Monofills will have to act as storage/disposal sites for newly generated waste tires after January 1, 2018. It also means that the monofills may not be able to honor the "one tire in - two tires out" ratio in the statute. In addition, it may mean that Waste Tire Monofills may not be able to remove all of the waste tires from monofill cells by July 1, 2024. Policy: Based on the authority in section 30-20-1415(3), C.R.S., and pursuant to this Policy, the Solid Waste Program, after consultation with the local governing authority, will consider a Waste Tire Monofill's request for a waiver from the requirements in sections 30-20-1415(1)(j) and (k), C.R.S. Any waiver granted by the Solid Waste Program pursuant to this policy is not transferable to subsequent Waste Tire Monofill owners or operators. The department may revisit these limitations on a case -by -case basis. i. Waiver of Section 30-20-1415(1)(j), C.R.S., and Section 10.5.1(J) of the Regulations - On an annual basis, for every waste tire received, end use at least two waste tires, or process at least two waste tires into tire -derived product. The Solid Waste Program will consider waiving this requirement upon request of a Waste Tire Monofill, with the following limitations: A. The Waste Tire Monofill will process at least one waste tire into tire -derived product used off of the monofill site for every two waste tires received. This rate of waste tire processing and receipt will be reviewed at least annually by the Solid Waste Program. In reviewing a request by a Waste Tire Monofill to continue this ratio of waste tire processing to receipt extending past 2018, the Solid Waste Program will consider information on the following: i. The potential hardships to the Waste Tire Monofill and the waste tire service area if the Waste Tire Monofill is not allowed to receive two waste tires for every one waste tire processed. Absence of alternatives, not just economics, must be demonstrated. ii. By April 1 of each year, the Waste Tire Monofill will report to the Division the steps taken in the previous calendar year to identify and develop potential tire -derived product end use markets. 2 The Waste Tire Monofill must make ever`/ effort to end use or process the maximum number of waste tires that the end use market ilocat a d reeron 'l can support. Note 1. For 2019 and beyond, the Solid Waste Program vdll reassess the ratio of tires accepted for storage/disposal at mono -fills versus tires end -used or processted, but it is the Solid Waste Program's intention to revert to the previously established 2 to 1 ratio as rapidly as practically feasible. Note 2: Any waste tires c government sponsored itlega use and/or processing of wa e Solid Waste Program's or local up or events are exempt from the end ing 2018 and 2019. Waiver of Section 30-20-1415(1)(k), C.R.S. and Section 10,5,1(M) of the Regulations - No placement of any waste tires into Waste Tire Monofill storage after January 1, 2018. The Solid Waste Program will consider waiving this requirement upon request of a Waste Tire Monofilt, with the following limitations: A. The Solid Waste Program will allow placement in the moricfilt cells of up to one-hatf : f the tires accepted at the site during 2018. This rate of waste tire placement will be reviewed at least annually by the Solid Waste Program. in reviewing a request by a Waste Tire Monofill for placement of waste tires in monofill cells extending past 2018, tfie Solid Waste Program will consider information on the following: i. The potential hardships to the Waste Tire Monefill and the waste tire service area if the Waste Tire Monofill discontinues taking and storing/disposing of waste tires. Absence of alternatives, not just economics, must be demonstrated. ii. The specific waste tire types that require placement into a Monofill cell. iii. By April 't of each year, the Waste Tire Monofitt will report to the Division the steps taken in the previous calendar year to identify and develop potential tire -derived product end use markets. Waiver of Section 30-20-1415(1)(k), C.R.S. and Section 10,5.1(M) of the Regulations - Waste Tire Monofrll's must close by July 1, 2024, The Solid Waste Program will not consider waiver requests frr' this requirement until at least January 1, 2020 or until such time as the market trends and market status allow for a better evaluation of the need to extend the July 1, 2024 closure date. A rionofill's interim market development efforts, results, and future plans with definable performance benchmarks may be important considerations in this evaluation. Title Solid Waste and Materials Management Program Manager Division Director Signature Date NOTICE Pursuant to the 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 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. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensur inclusio of your E -Mail corresp= ndence into the case the, please send a copy t4, egesick@comeld.co.usw D TE: February 5, 2018 TIME 9:00 a.m. ,.PPLICANT: CH2E Colorado, LLC, and Hudson Tireville, LLC 12311 County Road 41 Hudson, CO 80642 REQUEST: Approval of a temporary waiver by the Colorado Department of Public Health and Environment (CDPHE) under the Solid Waste Program and G.R.S. §30-20-1415(1)(j) (Processing of Waste Tires) and §30-20-1415(1)(k) (Acceptance of Additional Waste Tires) LEGAL DESCRIPTION: Being a part of the SE114 of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: Adjacent to the northwest corner of the intersection of County Road 41 and County Road 26 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 19, 2018 PUBLISHED: January 24, 2018, in the Greeley Tribune Affidavit of Publication NOTICE Pursuant to the 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 0 Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writ- ing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In ac- cordanceWith the Americans with Disabilities Act, if special ac- commodations 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, 11500 Street, Greeley, Colorado 80631. E -Mail messages s to an individual Commissioner may not be included in the case - file. To ensure inclusion of your E=Mail correspondence Into the case file, please send a copy to egesick@co.weld.co.us. DATE: February 5, 2018 TIME: 9:00 a.m. ., APPLICANT: CH2E Colorado, LLC, and Hudson Tirevllle, LLC 12311 County Road 41 Hudson, CO 80642 REQUEST: Approval of a temporary waiver by the Colorado De- partment of Public Health and Environment (CDPHE) under the Solid Waste Program and C.R.S. §30.20-1415(1)(j) (Processing of Waste Tires) and §30-20-1415(1)(k) (Acceptance of Additional Waste Tires) ;LEGAL DESCRIPTION: Being a part of the SE1/4 of Section 132, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: Adjacent to the northwest corner of the Intersection of County Road 41 and County Road 26 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January; 19, 2018 i-, PUBLISHED: January 24, 2018, in the Greeley Tribune The Tribune January 24, 2018 STATE OF COLORADO County of Weld, I Carolyn Rizo SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty -Fourth day of January A.D. 2018 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Fourth day of January A.D. 2018 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. January 24, 2018 Total Charges: $14.77 0_ 0,0 24th day of January 2018 My Commission Expires 9/28/2021 Notary Public KELLY ASH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174040535 MY COMMISSION EXPIRES SEPTEMBER 28, 2021 Esther Gesick a r i: Sent: To: Subject: Attachments: Ben Frissell Thursday, January 4, 2018 8:07 AM Esther Gesick; Bob Choate CH2E Waiver Request 7MUSR16-89-842 CH2E CD Request .docx Esther, I posted the CH2E property yesterday for the hearing on Feb 5th at Sam. Bob, What type of notice is the BCC looking for regarding this? Some sort of memorandum like the one attached we did for their CD or other? Thanks, Ben Frissell Environmental Health Specialist Waste Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Ave, Greeley bfrissell-durley@co.weld.co.us 970-400-2220 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Hello