HomeMy WebLinkAbout20162988RESOLUTION
RE: APPROVE CERTIFICATE OF DESIGNATION - 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 28th day of September, 2016, 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 to Pawnee Waste. LLC, 3003 E.
Harmony Road, Fort Collins. CO 80525, 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, at said hearing the applicant was present. and
WHEREAS, said request for a Certificate of Designation, pursuant to Section 30-20-104,
C.R.S., was submitted in conjunction with 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 in the A (Agricultural) Zone District, and
WHEREAS, Section 30-20-104(1), C.R.S.. requires the Board to take into account certain
factors to approve a Certificate of Designation and. having heard all of the testimony and
statements of those present. studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed, finds as follows:
(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 and Use by Special Review Permit, USR15-0048. 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,
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.
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CERTIFICATION OF DESIGNATION - PAWNEE WASTE, LLC
PAGE 2
(b) "The convenience and accessibility of the solid wastes 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. The Board of County
Commissioners finds that the Applicant has demonstrated a need for the facility to
dispose of TENORM waste in a more environmentally safe manner. The Board
further finds that the facility will serve the oil and gas community within Weld
County, as there are approximately 23.000 active wells within Weld County and
the Denver Julesburg basin.
(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 county, district, or municipal public health agencies. The
Colorado Department of Public Health and Environment and the Weld County
Department of Public Health and Environment have reviewed this request and find.
subject to conditions. the proposal will comply with the Standards of the Solid
Waste Disposal Sites and Facilities Act, Section 30-20-100.5, et seq., C.R.S.
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 as required
by the Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division:
1. The Financial Assurance Plan, including independent third party or referenced cost
estimate, shall be submitted to the Hazardous Materials and Waste Management
Division of the Colorado Department of Public Health and Environment for review
and approval. In addition, the financial assurance mechanism must be in place and
approved by the Hazardous Materials and Waste Management Division of the
Colorado Department of Public Health and Environment prior to acceptance of
waste material at the site. Please note that pursuant to the requirements of Section
1.8.3 of the Solid Waste Regulations, the closure and post -closure cost estimate
must be adjusted annually to account for inflation or deflation by using the implicit
price deflater for the gross domestic product. Additionally. the Facility must replace
the original cost estimate every five (5) years. unless otherwise required by the
Hazardous Materials and Waste Management Division of the Colorado
Department of Public Health and Environment. Both the annual adjustment and
the 5 -year update cost estimates must be submitted to the Hazardous Materials
and Waste Management Division of the Colorado Department of Public Health and
Environment for review and approval.
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CERTIFICATION OF DESIGNATION - PAWNEE WASTE, LLC
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2. Pursuant to Section 25-15-321. C.R.S., Pawnee Waste, LLC, shall grant to the
Hazardous Materials and Waste Management Division of the Colorado
Department of Public Health and Environment an Environmental Covenant placing
environmental use restrictions on the site to ensure protection of human health
and the environment following closure of the solid waste disposal site and facility
The Environmental Covenant must be recorded prior to final closure of the landfill
and shall prohibit the construction of habitable, residential or commercial buildings
on the site following closure. Alternatively, when the Environmental Covenant
language is developed. the Hazardous Materials and Waste Management Division
of the Colorado Department of Public Health and Environment may consider
inclusion of a specific provision mandating that future habitable buildings,
residential or commercial, constructed on the landfill (or within a certain radius
thereof to be determined by the Hazardous Materials and Waste Management
Division of the Colorado Department of Public Health and Environment based on
technical considerations), will require radon resistant construction,
post -construction assessment and testing, and radon mitigation as necessary to
meet federal. local and Colorado standards or guidance for indoor radon
concentrations.
3. The Facility must comply with the Colorado Department of Public Health and
Environment state laws. standards. and regulations of the Colorado Department
of Public Health and Environment and all other applicable state, federal, and local
rules, and ordinances, including requirements of the Air Pollution Control Division
and Water Quality Control Division, which were outside the scope of the review
conducted by the Solid Waste Program.
The above and foregoing Resolution was, on motion duly made and seconded. adopted
by the following vote on the 28th day of September. A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ;Kok.
Weld County Clerk to the Board
County Attorney
Date of signature: I 1 / L / I (a
Mike Freeman, Chair
Sean P. Conway, Pro-T.em
bars Kirkmeye'r
Steve Moreno
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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 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, in the A (Agricultural) Zone District.
Location of Site:
NE1/4, E1/2 NW1/4 of Section 13, Township 10,
Range 61 West of the 6th P.M., Weld County,
Colorado
Name and Address of Responsible Operator:
Pawnee Waste, LLC
57996 CR 95
Grover, CO 80729
This Certificate of Designation may be temporarily suspended or revoked, after reasonable notice
and public hearing, for cause as outlined in Section 30-20-112, C.R.S., and in the Resolution
approving the Certificate of Designation.
Issued this 28th day of September, 2016, at Weld County, Colorado.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTE T:
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Weld County Clerk to the Board
BY:
eputy Clerk to the Board
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