HomeMy WebLinkAbout790284.tiff RESOLUTION
RE: APPROVAL OF CERTIFICATE OF DESIGNATION FOR COLORADO LANDFILL,
INC. - ERIE SITE.
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 November 26, 1979 , a public hearing was held in
the Chambers of the Board of County Commissioners of Weld County,
Colorado for the purpose of considering whether or not to grant
a Certificate of Designation for Colorado Landfill, Inc . for a
solid waste disposal site and facility to be located on the
following described property:
The East Half of the Northwest Quarter and
the West Half of the Northeast Quarter of
Section 29 , Township 1 North, Range 68 West
of the 6th Principal Meridian, Weld County,
Colorado.
WHEREAS, Section 38-28-184 , CRS 1,73, requires the Soar4 of
County Commissioners to take into account certain factors, and
WHEREAS, the Board has taken into account such factors and
hereby finds as follows :
" (a) The solid waste disposal site and
facility will have no substantial detri-
mental effect on the surrounding property.
(b) That the solid waste disposal site
and facility will be convenient and acces-
sible to potential users.
(c) That the applicant has the ability to
comply with the health standards and
operating procedures required under Section
30-20-101, et seq. , CRS 1973 and the rules
and regulations as prescribed by the State
Department of Health.
(d) That the Board has considered the
recommendations by the Weld County Depart-
ment of Health.
(e) That the proposed use will comply
with the Weld County Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Certificate of
Designation for Colorado Landfill, Inc . , for a solid waste disposal
site and facility located on the hereinabove described real property
p be, and hereby is , granted.
-Ia
(F- - )
C-02Z� PL0631
790284
BE IT FURTHER RESOLVED that the Board of County Commissioners
of Weld County, Colorado recommends to the Federal Aviation Admin-
istration that the Erie Airpark be restricted to non-jet and non-
turbo jet aircraft, and further that said Board recommends to the
Federal Aviation Administration that the Airman' s Information Manual,
published by the Federal Aviation Administration be updated to
reflect the fact that possible, potential hazards might exist as
a result of the use of the property as a landfill.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 3rd day of
December, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, /COLORADO
-/ l_< (Aye)
Norman Carlson,/� Chairman
�) .ii-rr, pp Grid (Aye)
Lydia Dunbar
A, //XL /Li (Aye)
C..1 W. Kirby
3�,v °.ham / (Aye)
L nard L. Ro
\�� t 2-” .(Aye)
71 /.
y /J J e K. einmark
ATTEST: J j'i t7 F:fntivA u,24'
Weld County Clerk and Recorder
and Clerk to the o d/
BY;' , c (l(. 1
�_ D p ty Count Clerk
TO FOcr:
Co my Attorney
DATE PRESENTED: DECEMBER 10, 1979
ORIGINAL RESOLUTION SENT TO COURT WITH ENTIRE FILE
A public hearing was conducted on October 24 , 1979 at 2 : 00 P .M. ,
with the following present:
NORMAN CARLSON CHAIRMAN
LYDIA DUNBAR COMMISSIONER EXCUSED
BILL KIRBY COMMISSIONER
LEONARD ROE COMMISSIONER
JUNE STEINMARK COMMISSIONER
Also present:
ACTING CLERK TO THE BOARD, KEITHA WHITE
ASSISTANT COUNTY ATTORNEY, R. RUSSELL ANSON
I hereby certify that pursuant to a notice dated September 17, 1979
and duly published September 20, 1979 and October 11, 1979 in the
Platteville Herald a public hearing was held on the request of
Colorado Landfill, Inc. for a Certificate of Designation for a
solid wastes disposal site and facility. The proposed Certificate
of Designation is for the operation of the Erie Sanitary Landfill
located on the Ez of the NW4 and the Wh of the NE4 of section 29 ,
township 1, range 68.
The Chairman announced that the recommendation of the Radiation and
Hazardous Wastes Control Division of the Colorado Department of Health
in accordance with CRS 30-20-104 of the State Solid Wastes Disposal
Sites and Facilities Act has not been received by the Board. In
accordance with said statute the Board must consider the Divisions
recommendation. However, the Board will accept testimony from
those present today.
Kenneth Lind, Legal counsel for the applicant was present and commented
upon their request.
Thomas Pierce and William Carley were present and voiced their
objections to this request.
Following testimony and discussion Commissioner Steinmark made a
motion to table this request until November 21, 1979 at 9 : 00 A.M.
and further only testimony related to the Certificate of Designation
and/or the recommendation from the State Health Department would be
allowed. Commissioner Kirby seconded the motion and it carried
unanimously.
CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: I ` VCL,ccg. atn;T'?UJI/Je.Ln l
COUNTY CLERK AND RECORDER
, ND'CLERK TO THE BO
B .-. ��,yL✓
� Deputy County Clerk
DOCKET #79-85 \\\'
TAPE #79-132
LHR 187
WELD COUNTY, COLORADO
CERTIFICATE OF DESIGNATION
SOLID WASTE DISPOSAL SITE
In accordance with the provisions of 30-20-101 through 30-20-115 ,
CRS 1973, the Board of County Commissioners of Weld County,
Colorado hereby designates the following site for disposal of
solid wastes :
Location of Site :
The East Half of the Northwest Quarter and
the West Half of the Northeast Quarter of
Section 29, Township 1 North, Range 68 West
of the 6th Principal Meridian, Weld County,
Colorado.
Name and Address of Responsible Operator :
Charles Lynn Keirnes
4710 West 12th Street
Greeley, Colorado 80631
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, CRS 1973 .
Issued this 10th day of December, 1979 at Weld County, Colorado .
Signed: Kc._
Norman Carlson, Chairman
Board of County Commissioners
NOTICE
PUBLIC HEARING
CERTIFICATE OF DESIGNATION FOR A
SOLID WASTES DISPOSAL SITE AND
FACILITY FOR COLORADO LANDFILL, INC.
(ERIE SANITARY LANDFILL)
DOCKET #79-85
NOTICE IS HEREBY GIVEN of a hearing before the Board of County
Commissioners of Weld County, Colorado, on the 24th day of
October, 1979 at the hour of 2 : 00 p.m. in the Weld County Com-
missioners ' hearing room, first floor, Weld County Centennial
Center, 915 10th Street, Greeley, Colorado, for the purpose of
considering the application from Colorado Landfill, Inc. for
a Certificate of Designation to operate a solid wastes dis-
posal site and facility in Weld County, Colorado. The proposed
Certificate of Designation is for the operation of the Erie
Sanitary Landfill located on the East One-Half (E?) of the
Northwest Quarter (NW4) and the West One-Half (Wk) of the
Northeast Quarter (NEa) of Section Twenty-Nine (29) , Township
One (1) North, Range Sixty-Eight (68) West of the 6th P.M. ,
Weld County, Colorado. This procedure is in accordance with
the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-101, et seq. , CRS 1973, as amended, and regulations
issued pursuant thereto at 6 CCR 1007-2.
Copies of the application for a Certificate of Designation are
on file in the Office of the Clerk to the Board of County Com-
missioners located on the third floor, Weld County Centennial
Center, 915 10th Street, Greeley, Colorado and may be inspected
during regular business hours.
Following the close of the public hearing, the Board of County
Commissioners will consider whether or not to issue a Certificate
of Designation for the Erie Sanitary Landfill.
All interested parties under the law will be afforded an oppor-
tunity to be heard at said hearing.
This notice given and published by order of the Board of County
Commissioners, Weld County, Colorado.
Dated: September 17 , 1979
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
By: Keitha White , Deputy
PUBLISHED: September 20, 1979 and October 11, 1979 in the Platteville
Herald
•oF•
C0L0
COLORADO DEPARTMENT OF HEALTH
�s�"E" Z.,, * Frank A.Traylor, M.D
Richard D. Lamm ��
Governor is q 6 Executive Director
November 3, 1980
Mr. Ed Dunbar, Chairman
Weld County Board of Commissioners
P.O. Box 459
Greeley, Colorado 80631
Gentlemen:
On October 31, 1980, representatives of this Division conducted an unannounced
inspection of the Erie Solid Waste Disposal Site, located in southwestern Weld
County, in response to written complaints received by us (see enclosures) .
We found this site to be operated in compliance with minimum standards of the
Solid Waste Disposal Sites and Facilities Act, Title 30-20-Part 1, C.R.S. 1973,
as amended, and Department regulations. Our representatives observed no sig-
nificant amounts of windblown debris or roadside litter, on or off site. The
working face was small and well operated. Evidence of recently applied inter-
mediate cover was noted on areas adjacent to the existing working face. Fugitive
dust was minimal, and a water truck was standing by on site.
By agreement between all parties, the bird hazard question is currently being
studied by an expert committee appointed at the time of Designation. To date.
their reports have indicated no significant bird hazards.
If you have any questions, please contact this Division.
Sincerely
��j
(// t�'l/(,J
Albert J. Ha e, Di ctor
Radiation and Hazardous
Wastes Control Division
AJH:NN:ew
cc: (see enclosure)
W4 e c vZv tie, ss\Q.- ,
-\IQ : \% \'
,!
xi
A
I ,I'„
4210 EAST 11TH AVENUE DENVER,COLORADO 80220 PHONE (303) 320-8333
cc: John Hall, Director
Environmental Health Section
Weld County Health Section
1516 Hospital Road
Greley, Colorado 80631
C. Lynn Kiernes, President
Colorado Landfill Incorporated
6037 77th Avenue
Greeley, Colorado 80631
Sam Cooper, District Engineer, WQCD
Martin P. Miller
Miller and Lehrer, Inc.
1901 West Littleton Boulevard
Littleton, Colorado 80120
SOLID WASTE FACILITY INSPECTION Compliance
Non-compliance
Open Dump ][
County Date Located in _
Facility Incorporated Area / /
Location
Current Operator
Mailing Address of Operator
Current Owner (If different)
Mailing Address of Owner
(All items checked must be explained in supplemental report)
I. Public Health and/or Environmental Hazards (Department enforcement against violations)
A. Evidence of Industrial Waste Disposal
B. Evidence of Potential for Serious Surface or Ground Water Pollution
C. Surface Diversion/Containment Facilities Inadequate or not Maintained
D. Landfill Gas Migration Concerns
E. Sludge or Septic Pumpings Disposal on Site (Unauthorized)
F. Safety Hazards
G. Non-Compliance with Approved Design and Operation
H. Other
* REMEDIAL ACTION REQUIRED
II. Minimum Standards, CRS 30, 20-110 (Locally enforced standards)
A. Odors and/or Vectors Present
B. Inadequate and/or Irregular Cover
C. Inadequate Fencing (to control access and windblown debris)
D. Burning apparent
E. Not Designated and/or Improperly Zoned
INSPECTING ENGINEERS RECOMMENDATIONS FOR SITE IMPROVEMENT
III. Complaints Received (Attach copies) Action Taken
IV. Remarks
(Name) PRESENT AT INSPECTION (Representing)
I .
Inspecting Engineer
(WHITE COPY-FILE) (YELLOW COPY-OPERATOR) (PINK COPY-COUNTY) (GOLD COPY-D.E. )
LAW OFFICES OF
$filler & '.eher
lOOt WEST LITTLETON BLVD.
LITTLETON. COLORADO.8O12O
PHONEt 1303} 798-2525
MARTIN P. MILLER
ROBERT C, LEMER
ROBERT E, LONG
FRANK L. DI BANTE
TERRENCE E. DOOMER October 23 , 1980
GCRALOINE L. ALLAN
MICHAEL P. MILLER
Colorado Dept . of Health
4210 E. 11th Avenue
Denver, CO 80220
Dear Sirs:
Pursuant to Title 24-4-103 , C. R. S . 1973 , as amended , and regula-
tions of the Department of Health , please be advised that the
landfill operation of Colorado Landfill , Inc. , by operation in
the sorthwest corner of Weld County, approximately 7 miles
northwest of Brighton, is being operated contrary to law and
contrary to your department 's regulations .
The highway is littered with waste , fugative dust is intoler-
able, and the daily sanitary land cover requirements are ig-
nored. Wind-blown debris is staggering. There is a total fail-
ure of air pollution control, and the requirements for the per-
mit and the operation of the landfill are not being followed.
There has been an increase in the bird population, rendering the
operation of jet aircraft within 10 , 000 feet within the Erie
Airpark quite dangerous .
A copy of this letter is being forwarded to the Board of County
Commissioners of Weld County with a request that an investiga-
tion take place by your department and that the necessary legal
steps to close the sanitary landfill, if the conditions cannot
be remedied completely, be taken .
Yours, very truly, , /
,f
j
i
/( W/
MPM: pat MARTIN P. - MILLE
xc: Board of County Commissioners
Weld County
DANIEL HORST
TOWN OF ERIE
POLICE DEPARTMENT 645 HOLBROOK FIRE DEPARTMENT
828-3200 BOX 98 828-3232
ERIE. COLORADO 80516
828-3843 449-3085
A - $ `y,eOri
10rW«
November 1, 1979 Z' 19►q
GO4O.
Weld County Commissioners
P. 0. Lox 75$
Greeley, Co. $0632
Reference: Colorado Landfill, Inc.
Gentlemen:
It has come to the attention of the Erie Board of Trustees
that on September 14, 1979, the Board of County Commissioners
issued a special use permit for a land fill site to be located
in Section 29, Township 1 North, Range 6$ West of the 6th
Principal Meridian, Weld County, Colorado. This site is
located approximately 1/2 mile west of Erie.
The Erie Planning Commission in consideration of a referral
from Weld County on this subject, commented in a negative manner
while listing some 13 objections to the selection of this parti-
cular site. Since this response was sent to you and since the
issuance of the special use permit, additional information has
been received which should be considered and/or investigated
before a decision regarding this land use is completed.
The first information concerns the impact the landfill will.
produce on experiments being conducted by N.O.A.A. at the test-
ing facility near the proposed landfill. This agency was not
notified of the impending request and has voiced reservations
concerning appropriateness of this land use in the proposed
location.
Additionally, information obtained from N.O. A.A. indicates in-
formation concerning wind direction provided by Colorado Landfill
is incorrect and that Erie will be downwind of the landfill for
the majority of the day.
Finally, the problem that will be created by the presence of
seagulls interferring with airport operations has been brought
to our attention, and investigation through contacts with the
F. A. A. , the Division of Wildlife and other sources support the
contention that this land use is unacceptable in terms of the
safety and other hazards it will create.
Therefore, on the basis of the above information, the Erie
Board of Trustees has adopted the attached Resolution and re—
quests the Board of County Commissioners reconvene the special
Board of County Commissioners 11/1/79
Page 2
use permit hearing and take appropriate action on this request.
Your earliest consideration of this matter would be greatly
appreciated.
Sincerely, r ..
Gayle Packard-Seeburger
Circuit Rider Planner
GPS/gs
Encl.
RESOLUTION #79-14
A RESOLUTION BY THE BOARD OF TRUSTEES URGING THE WELD COUNTY.
BOARD OF COMMISSIONERS TO REVOKE A SPECIAL USE PERMIT ISSUED
TO COLORADO LANDFILL, INC.
WHEREAS, the Town of Erie has determined that the landfill
proposed by Colorado Landfill, Inc. would not be in the best
interests of the Town and adjacent areas, and;
WHEREAS, the proposed use is unacceptable by virtue of its
negative impact upon nearby residential uses, long term
residential development, Erie Comprehensive Planning goals,
excessive traffic generation it will create as well as Erie's
concern for safety, noise, oder and visual consideration,
fugitive dust, strip development it will encourage, • Erie 's
community image, the size of the proposed service area, the
interference with the existing airport and the impact of the
use on N.O.A.A. testing facilities, and;
WHEREAS, not all affected property owners were notified of
the special use permit hearing, and;
WHEREAS, information necessary to an objective review of the
special use permit was not available prior to the special use
permit hearing;
NOW, THEREFORE, BE IT RESOLVED BY THE Board of Trustees of
the Town of Erie, Colorado that a new hearing be convened
and that this special use permit be revoked.
ADOPTED this 25th day of 'October, 1979.
-Harlan LI,. crock 'iTlaye
Attest:
Glennee ,,lei�,
• r �g{{��
ht, Town • erk
,,...- .
4
•
.. a
w
KENNETH F. LIND tOil. L �
9
ATTORNEY AT LAW Q r), 19
THE LAW BUILDING k sQ
1011 ELEVENTH AVENUE S GOyO•
P.O.BOX 326 yE •
GREELEY, COLORADO 80631 GREG
TELEPHONE(303)353-2323
September 19 , 1979
Board of County Commissioners
Weld County
915 10th Street
Greeley , Colorado 80631
Re : Landfill closings
Dear Commissioners :
On behalf of Colorado Landfill , Inc . , which is the only
designated operator of landfills in Weld County , Colorado ,
please let this letter serve as a request to close the
Windsor and Fort Lupton sanitary landfills . At the current
time, the Windsor landfill is operating under Certificate
of Designation No . 22 , and the Fort Lupton site is operating
under Certificate of Designation No . 28. It is requested
that these two sites be closed as of December 1 , 1979 .
This request for closing the two above described sites
is based upon health considerations and the fact that neither
site will comply with the 1976 Resource Conservation and
Recovery Act . It is contemplated that users of the Windsor
site will suffer no inconvenience , as they will be able to
use the Greeley landfill (Certificate of Designation No. 1 ) ,
and the current Fort Lupton users will be able to use the
new Erie landfill ( Certificate of Designation pending) .
It is my understanding that a public hearing concerning
this request will be scheduled for October 24 , 1979 , at the
hour of 2 : 00 p.m. If this office can provide you with any
additional information , please contact me at your convenience .
Very r ly your
Ke eth F . in
KFL : sb
pc : Colorado Landfill , Inc .
Weld County Attorney
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