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OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE(303)353-2212 EXT.221,222&223
P.O.BOX 758
wiipGREELEY,COLORADO 80631
C.
COLORADO
April 14, 1976
Recently one or two of the oil companies working in Weld County
have begun dumping oil sludge on county roads. The Board of
Correnissioners wants to remind those guilty parties that State
Statutes strictly forbid littering public and private property.
Enclosed is a copy of the applicable statutes as presentd in the
form of a legal opinion by Weld County's Attorney. You will note
that violation of these statutes is punishable by fine or
imprisonment or both.
If your company is not guilty of the above mentioned act
please understand our need to send this letter. If your
truckers have been dumping sludge on county roads or in
ditches please cease the action. If any company is caught
dumping sludge we will be forced to prosecute.
Regards,
Glenn K. Billings, Chairman
Board of Weld County Commissioners
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760697
WELD COUNTY COMMISSIONERS
June Steinmark GLENN K.BILLINGS
Norman Carlson VICTOR JACOBUCCI
ROY MOSER
.Greeley, Colorado
ril 2, 1975
Board of County Commissioners
Weld County
Greeley, Colorado
RE: SPILLAGE OF MATERIAL ON COUNTY HIGHWAYS
Gentlemen:
Recently there has been complaint of trash and other foreign substances
deposited or thrown on or along the County roads and highways.
TITLE 18, ARTICLE 4, SECTION 511, CRS 1973, LITTERING OF PUBLIC
AND PRIVATE PROPERTY, provides in part as follows:
". . . (3) (a) The term "litter" as used in this section means all
rubbish, waste material, refuse, garbage, trash, debris, or
other foreign substances, solid or liquid, of every form, size,
kind, and description.
(b) The phrase "public or private property" as used in this
section includes, but is not limited to, the right-of-way of any
road or highway, any body of water or watercourse, including
frozen areas or the shores or beaches thereof, any park, play-
ground, or building, any refuge, conservation, or recreation
area, and any residential, farm, or ranch properties or timber-
lands.
(4) Littering is a class 2 petty offense punishable by a fine of
fifteen dollars if only one item is deposited, thrown, or left.
If two or more items are thrown, deposited, or left it is a class
1 petty offense.
(5) It is in the discretion of the court, upon the conviction of any
person and the imposition of a fine under this section, to suspend
the fine upon the condition that the convicted person gather and
remove from specified public property or specified private property,
with prior permission of the owner or tenant in lawful possession
thereof, any litter found thereon.
(6) Whenever litter is thrown, deposited, dropped, or dumped
from any motor vehicle in violation of this section, the operator
of said motor vehicle is presumed to have caused or permitted
the litter to be so thrown, deposited, dropped, or dumped there-
from.
(7) In addition to those law enforcement officers and agencies of
this state and the wildlife conservation officers and other com-
missioned officers of the division of wildlife and the division of
parks and outdoor recreation are expressly authorized, empowered,
and directed to enforce the provisions of this section. "
Additionally TITLE 18, ARTICLE 42, SECTION 109, PENALTY FOR
DAMAGE, provides that, "Any person who willfully or maliciously damages
or interferes with any road, ditch, flume, bridge, ferry, railroad, or tele-
graph line or any of the fixtures, tools, implements, appurtenances, or
property of any corporation which is organized under the provisions of law is
guilty of a misdemeanor and, upon conviction thereof, shall be punished by a
-fine of not more than five hundred dollars, or by imprisonment in the county
jail for not more than one year, or by both such fine and imprisonment. Any
such fine shall be paid into the county treasury, and the offender shall also
pay all damages that any such corporation sustains, together with costs of
suit.
NOW, THEREFORE, any violation of the above is clearly punishable
as a petty offense or a misdemeanor, depending upon the nature of each case,
and any person or persons convicted thereof shall be subject to a fine or jail
sentence or both.
Respec lly submitted,
td y Attorney
Letter; mailed to companies
John Hill Oil Beaver Mesa Oil Company
Midland Savings Building
Cts4 '»n`i. Denver , Colorado 80202
Amoco Production Company
L. W. Mack 12005 E 45th Avenue
Kingston Oil Denver , Colorado 80239
1704 Security Life Building
Denver , Colorado 80202 TOA American Gas Products
P. O. Box 430
(IMP Ft . Lupton , Colorado 80621
?c`trntow" Club Bu . l.disng
Griffin Oil and Ga.; Company
Petroleum Club Building
Vessels Gas Processing Company Dever , Colorado 80202
(i00 South Cherry
Denver , Colorado 80202 Allison Drilling Company
1275 Sherman Street
Turner Brothers Trucking Inc . Denver , Colorado 80202
East of Ft . Morgan
Ft . Morgan , Colorado 80701 Joe Able
John Gable Exeter Drilling and Exploration
• Globe Drilling Company 1660 Lincoln P. O. Box 455 Denver , Colorado 00,v 02
1401 Bridge Street ,r nn
Brighton , Colorado 80601 Abe tp(. Qoocs pc_ ,_
Jim Snyder Drilling Company Go« e, (fate . c'cdQ/
518 17th Street '
Denver , Colorado 80202 y
41( i'LLk-fetor—
CA
• Toltek Drilling Company
Denver Club Building Tt ,0- hcK rigB
Denver , Colorado 80202
To . Coto .
Martin Oil Service A . 9 W. (f -€,e. Stnv -
Colorado Building Iod � e_ hvE
Boulder , Colorado 80302 •
Young Trucking t- f r° Cr c0 �Otha
704 Main
Platteville , Colorado 80651 / C
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Champlin Petroleum Company A' 'l
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7901 E. Belleview Avenue -IA u
Denver , Colorado 80202
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Charter Oil Company
1612 Court Place .
Suite 520 �� .o VL2_
Denver , Colorado 80202 'w . �d
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WELL-NCOUNTY COLClADO
For Action To Dote
For Info To County Attorney
Your Action Or Reply Is Required
subiect:'pillage of material
On Or Before_
on Coup y Ili„hways
Liquid material is being spilled on County highways by
vehicles servicing the oil well sites . This liquid material
is causing the following problems to our highways .
1 . Creates a slick surface on oiled roads , thus creating
a traffic hazard .
2 . It reacts with asphalt and causes deterioration of
the asphalt pavement . -
3 . Some material is volatile and could burn or explode
if ignited by fire .
4 . Creates a problem if the road is stabilized or oiled,
at a later date . This material prevents the stablization
chemical or oil from penetrating the road surface .
In my opinion , the deposit of this liquid material or any other
type of foreign material on our County Right o1 Way is a serious
problem . This material could cause injury or death to the
traveling public , and can also cause deterioration of our road-
way surfaces .
It is my recommendation that a resolution should be submitted +'
�, for approval by the Board of County Commissioners based on the
existing Colorado State Statues .
If any additional information is needed please contact me .
Richard L. Straub
mfm.
CC : Commissioners
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