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HomeMy WebLinkAbout790504.tiff BEFORE THE WATER QUALITY CONTROL COMMISSION OF THE STATE OF COLORADO In the matter of the ) MOTION TO RESCIND ) APPROVAL , FOR Proposed City of Northglenn ) RECONSIDERATION, AND Sewage Treatment Works to be ) FOR APPEAL OF located in Weld County, ) DECISION COME NOW the Town of Frederick, the City of Ft . Lupton, and the Weisner Subdivision Preservation Association, and move for reconsideration , and appeal the decision entered orally by the Water Quality Control Commission on July 2 , 1979 , approving the plans and specifications for the construc- tion of a sewage treatment plant in Weld County, Colorado , by the City of Northglenn, and recommending to the United States Environmental Protection Agency that a construction grant be awarded to the proposed facility. These movants request that the Commission conduct a full adjudicatory hearing regarding the siting , plans and specifications , and grant recommendations for the proposed sewage treatment facility, and that the Commission rescind any and all approvals it has heretofore given the proposed project . In support of this Motion , and as grounds therefor , these movants present to the Commission all reasons cited in the previously filed Motion of these movants in conjunction with the Consolidated Ditches Co. of Water District No . 2 and the Board of County Commissioners of Weld County and the Motion of these movants filed at this time in conjunction with the Board of County Commissioners of Weld County. Further, these movants cite the following errors in the Commission' s actions in this matter to date : 1. Commissioner Ruth Wright took an active part in the Executive Committee meeting of October 20 , 1977 , and other meetings in which this specific -1- 790504 TS5O141 subject of the awarding of priority points to the City of Northglenn for its proposed sewage treatment facility was discussed. Commissioner Wright has a conflict of interest in that her husband acts as the Water Consultant for the City of Northglenn. WHEREFORE , the Town of Frederick , the City of Ft . Lupton, the Weisner Subdivision Preservation Association pray that the Commission schedule and hold a full adjudicatory hearing in accordance with the Administrative Procedure Act and the Commission' s procedural regulations , that all Commis- sion approvals of the Northglenn project be rescinded pending such hearing , that notice of such hearing be given to the public and all interested parties , that sufficient time prior to the hearing be allowed so that parties may conduct their discovery and prepare their respective cases , and that evidence concerning the development of the priority point system and the award of points to the Northglenn facility be received into evidence, and that the hearing not be held until Northglenn has received the local approvals provided for the Commission' s regulations and the State ' s Water Quality Act . THE TOWN OF FREDERICK, COLORADO ; THE CITY OF FT . LUPTON , COLORADO ; THE WEISNER SUBDIVISION PRESERVA- TION ASSOCIATION By FRANCIS k. CULKIN #2969 Attorney at Law 720 South Colorado Blvd. Denver, Colorado 80222 (303) 759- 3495 -2- Hello