HomeMy WebLinkAbout20153319.tiff HEARING CERTIFICATION
DOCKET NO. 2015-95.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0035, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(TRANSPORTATION AND STORAGE OF DOMESTIC SEPTAGE ASSOCIATED WITH
A COMMERCIAL BUSINESS) PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN
APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN
FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS
IN THE A (AGRICULTURAL) ZONE DISTRICT- KEVIN AND CYNTHIA SULLIVAN
A public hearing was conducted on October 21, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Wayne Howard
Building Inspection representative, Jose Gonzalez
Health Department representative, Lauren Light
Health Department representative, Katie Sall
The following business was transacted:
ki I hereby certify that pursuant to a notice dated August 28, 2015, and duly published
September 2, 2015, in the Greeley Tribune, a public hearing was conducted October 14, 2015, to
consider the request of Kevin and Cynthia Sullivan, for a Site Specific Development Plan and Use
by Special Review Permit, USR15-0035, for a Use permitted as a Use by Right, Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts (transportation and
storage of domestic septage associated with a commercial business) provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, at which
time the Board deemed it necessary to continue the matter to October 21, 2015, to be heard by
a full quorum of the Board. On October 21, 2015, Bruce Barker, County Attorney, made this a
matter of record.
e Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal stating there will be one to two delivery trucks per day containing up to 60,000 pounds
of septage waste emptied into three 20,000-gallon storage tanks. Then the septage will be land
applied on the remainder of the applicant's 160-acre parcel at the appropriate time. The land
application of septage requires a separate permit approved by the Board of Health and should
that permit be issued, the septage storage tanks may then be used. The applicant has a current
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Septic License under License #CL07-00018. Mr. Gathman reported the location of the nearest
residence and stated 35 letters and emails of rejection were received prior to the Planning
Commission Hearing and additional letters and emails of opposition have been submitted since
that time and prior to this hearing. He clarified the applicant has also submitted responses to the
concerns which include: tanks leaking, potential for contamination of domestic and irrigation wells,
tanks having been installed without permits, overall health concerns, air pollution, odor, decrease
in property values, dust impact from truck traffic, and lack of secondary containment for the tanks.
Mr. Gathman stated nine (9) referrals were sent out and four (4) responses were received either
indicating no concerns or recommending approval with conditions. He stated the site is not within
the three (3) mile referral area of any incorporated municipality and it is approximately 3,200 feet
from the platted unincorporated town site of Carr. Mr. Gathman noted conditions regarding
permitting of the tanks and the requirement for a Leak Detection Plan. He displayed images and
entered the favorable recommendation of the Planning Commission into the record as voted 7-2,
and as written. In response to Commissioner Cozad, Mr. Gathman stated the application is not
due to a zoning violation.
IE Wayne Howard, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements and stated the site is accessed from County Road
(CR) 124, with the Access Permit number, AP#15-00340. He clarified CR 124 is a gravel road,
requiring 60 feet of right-of-way at full buildout and the applicant is required to delineate section
line rights-of-way on the map. Mr. Howard stated there are no traffic counts available and per the
application, there will be one to two trucks entering the site per day, which substantiates minimum
tracking control, no Improvements Agreement, and a drainage exemption has been met.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions stating a portable toilet will be provided for employees and since the tanks do not meet
the definition of a vault and these tanks are metal and not connected to a building sewer, the
Department of Environmental Health will not permit them. She verified the State will not become
involved because there is no treatment being done to the sewage and the septic regulations do
not support these tanks. Ms. Light clarified the applicants buried them at their own risk and have
been instructed regarding the necessary requirements to meet the definition of a vault to include
evidence of secondary containment, an overflow alarm, and addressing odor to meet the dilution
standard of 7:1. She clarified that although this is not the septage application, the current
application stated temporary storage tanks for use of domestic waste water injection which led to
the Condition of Approval based on the permit being approved through the Board of Health.
Ms. Light reviewed the process surrounding the septage permit as presented to the State Board
of Health, and clarified that if it is denied, the case will be brought before the Board of County
Commissioners again for review. She stated Development Standards (DS) 4-13 are relevant to
Environmental Health. In response to Commissioner Conway, Ms. Light verified there is no State
Permit, but the State would get involved if there was a spill of any kind.
El Kevin Sullivan and Cindy Sullivan, applicants, began by stating they have received a letter
from the State regarding the proposed use and that as long as the septage is not treated, there
is no permit required. Mr. Sullivan reviewed the history of their purchase of the property and
application for the proposed use before the Board explaining that the property met all the
requirements they felt would best serve this type of use with no electric, phone, irrigation or well
on-site and located in a very remote area. He stated they already have a septic business that
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services Boulder, Weld and Larimer Counties so they are aware of the nature of the use.
Mr. Sullivan explained the tanks are partially buried to keep the frost off of them in the winter.
After the partial burial of the tanks, he stated he received a call from the County regarding
permitting which would have to be processed through the Building Department and began the
process of working with staff to move forward. He also mentioned that he did have the tanks
tested by an engineer which performed both a pressure and vacuum test and both had great
results which have been submitted to staff. Mr. Sullivan stated they purposely held off on the
application for wastewater injection until the hearing for the application regarding the tanks is
completed. He specified the tanks are chemically lined with a 10 millimeter liner to keep them
from corroding, and they are designed as wastewater storage typically used to hold water while
waiting for drill sites.
Mr. Sullivan stated the tanks are set up as temporary storage as more often the process will
be to move septage directly from the semi-tanks to the manure slurry injection process, and these
storage tanks are more for temporary storage during inclement weather. He clarified the State
responded with a letter clarifying that as long as there is no treatment of the septage, they have
no issue with temporary storage tanks. Mr. Sullivan mentioned the City of Fort Collins Wastewater
Treatment Plant has a huge Biosolids Recovery Farm 2.5 miles west of Carr that has been there
for years, and he emphasized that this process has been going on for many years and it is a
common way waste water byproducts are disposed of. He reiterated that the tanks are lined and
metal tanks are commonly used with the manure slurry injector in many areas and he stated the
site meets the distance requirements from other residents, from neighboring wells, and their
application does meet the County Code requirements for approval.
e Cynthia Sullivan added the clarification that this is not a hazardous waste, it is wastewater
regulated by the County and used for farm land. In response to Chair Kirkmeyer, she clarified it
is screened for trash as a requirement, but not treated.
e Mr. Sullivan concluded by stating they had a wastewater quality test done as part of the
application process and explained the percentage breakdown of the results as 99% water and
1% waste material. He emphasized that the use of this method does a very good job on dryland
crops.
e Chair Kirkmeyer suggested a recess to return at 1:30 p.m. Commissioner Conway requested
if anyone cannot return they might be able to speak now for public input. Chair Kirkmeyer agreed
and opened public input for a few minutes before the scheduled recess at 12:00 p.m. for anyone
who could not return at 1:30 p.m.
IR Jacob Heschkei, Carr resident, stated he works in the industry and is concerned with the
exact material these tanks are made of due to possible rust and leaking chemicals contained in
the waste and contaminating the soil and water. He emphasized that the tanks need to be lined
inside and out and have a secondary containment because steel tanks will rust through. He also
stated the Fort Collins facility located west of Carr is a treatment plant. Mr. Heschkei also
mentioned his concerns with the tanks being partially buried with no secondary containment. In
response to Commissioner Moreno, he stated he has been working in the industry for 22 years
and would rather see the septage hauled to a stricter facility rather than possibly leaking into the
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ground. In response to Commissioner Conway, Mr. Heschkei explained that he has experience
with digging up metal septic tanks that have holes in the bottom and further stated Larimer County
now only allows concrete septic tanks because of that reason further, there are two (2) water
P and,
tables in Larimer County polluted due to nitrates from septic leakage.
e Chair Kirkmeyer recessed the hearing and stated the Board will return at 1:30 p.m.
El Chair Kirkmeyer reconvened the hearing at 1:40 p.m. and re-opened public input.
Bree Lukens, Carr resident, began by referencing her research according to the
Environmental Protection Agency (EPA) that the number one reason for groundwater
contamination is underground storage tanks. In May 2015, the EPA also stated that tributaries,
one of which is located on the applicant's property, are now considered waterways and within 3/4
of a mile of any tributary can be regulated by the EPA. She explained the unincorporated Town
of Carr is very unique as it sits over the Ogallala Aquifer and the Upper Laramie Aquifer, both
containing clean, drinkable water and she submitted paperwork supporting these statements. Ms.
Lukens stated her research also supports the notion that these aquifers could supply the Front
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Range with clean, drinkable water for 100 years, and because of these reasons and knowing that
the number one source for water contamination are these underground storage tanks, she asked
that the application be denied.
e Ms. Lukens displayed pictures of the tanks being buried before the application was approved,
maps to display the geology and tributary distance between the wells and the Town of Carr,
documents to support Carr's location in relation to the aquifers, and reports from Quantum Water
Consulting stating the value, quality, and potential quantity of water that could be provided. She
explained her research of the company that makes the storage tanks, called Dragon Products,
and concluded based on the information provided by the company, that the tanks are supposed
to be vertical not horizontal because of the overflow valve and the current placement of the
applicant's tanks are placed in such a way that the overflow valve points directly into the ground.
Lastly, she pointed out that she submitted a petition with 186 signatures of the 201 addresses of
Carr opposing the possible contamination of the water. Ms. Lukens asked that the applicant
consider moving to a location that does not sit above these aquifers.
e In response to Commissioner Cozad, Ms. Lukens confirmed the entire Town of Carr is on
septic systems. She also stated she has an organic goat dairy farm that does not use chemicals.
She further stated the waste that the Town of Carr would produce in five years, he would bring up
in one day. She stated she does not know of anyone that is farming or using wastewater injection
in the vicinity of Carr.
el In response to Commissioner Moreno, Ms. Lukens clarified there are 270 households in the
unincorporated Town of Carr with 186 opposing this application. She clarified there was no
outreach from the applicant regarding the application and she found out about this use because
her husband saw the sign posting.
El Terrence Birdsall, opted to speak later due to technical difficulties with his presentation.
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le Jackie Neubauer, Carr resident, stated she is opposed to the use based on her many
concerns which include the communication with Dragon Products who verified the buried tanks
are production tanks meant to sit vertically. She stated there are too many unknowns with this
case. She further listed her concerns regarding the incorrect use of the tanks that are already
buried, the application for dryland farming when farming is impossible in this area, stormwater
drainage, transportation and storage of septage waste, and the clean water underneath Carr. In
response to Commissioner Conway, she stated that Dragon asked for the serial numbers of the
tanks to be able to offer more information and to her knowledge there was no mention of the tanks
being used as proposed.
El Chris Neubauer, Carr resident, stated the tanks are buried under the power lines and he
contacted the power company which expressed concern over the easements. Mr. Neubauer
further stated his concerns with the lack of secondary containment because of the proximity to
the existing water tributary. In response to Commissioner Cozad, he explained the tanks location
in relation to the power lines and easement. In response to Commissioner Conway, he further
clarified the easement requirements from the power lines regarding permanent structures.
e Pat Staples expressed support for the efforts of the residents of Carr and stated she
observed the road to be used for transportation of the sewage and that it is not easily traveled. In
response to Chair Kirkmeyer, Ms. Staples stated her Aurora, Colorado, address for the record
and reiterated she is strongly opposed to this application.
e Willa Hintergardt, Carr resident, read a letter for the record expressing her concerns that this
use is incompatible with the surrounding land uses and protection of the water quality. She
reviewed various sections of the Weld County Code to support her findings and asked the Board
to please deny the application. In response to Commissioner Cozad, she stated there is no
mitigation possible to protect the water quality.
El Phillip Lukens, Carr resident, summarized his concerns regarding the design of the tanks
meant to be above ground and upright. He further expressed his concern regarding the methods
used to test the integrity of the tanks and questioned if this testing took place before or after the
tanks were buried. He expressed his frustration that the metal tanks are even being discussed
because he had to put in a new septic system and Weld County does not allow metal tanks. He
further expressed his concerns regarding the location being adjacent to his organic goat dairy and
the possibility of contaminants from the untreated septage leaking into the water supply,
particularly the two tributaries that run through both properties. Mr. Lukens stated this realistic
scenario is a threat to his organic business as it would contaminate the grazing, the milk from the
goats would no longer be organic, and he would lose his livelihood. If approved, Mr. Lukens
requested the applicant put funds in an escrow account to provide measures of compensation
should this disaster occur, and also pay for weekly milk testing to make sure there are no traces
of contaminants. He urged the Board to deny this application.
E Charles Tucker, resident of Pierce, Colorado, offered the history of Carr and stated he is
opposed to this application because the surface water is seasonal and the ground is poor for
crops. He is concerned with applying the wastewater to the land when Carr receives only twelve
(12) inches of rainfall a year which means this will create a hazardous waste site. He compared
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it to Anhueser Busch trying to grow wheat and alfalfa using the same method and without the
needed irrigation and natural rainfall, the grass became so toxic it would kill animals if they ate it.
He clarified this particular land is not farm ground.
IR Rusty DePorter, Carr resident, stated he was born and raised in Carr and worked for over a
decade for Colorado Engineering. He relayed that he was regularly asked by the EPA to do tank
testing. Mr. DePorter reported that the tanks are not made for this use and he reviewed the
specifications for any steel tank to go in the ground. He reiterated the manufacturer stated the
tank life is ten (10) years and these tanks are already ten (10) years old and they will leak. He
further stated it is not possible to vacuum test the tanks and without outside protection or
secondary containment, they will not last and will have no bottom left. In response to
Commissioner Conway, he stated these tanks must have a dome to support the pressure and
these tanks do not have a dome.
El Rick Gallegos, Carr resident, stated he owns the property to the south and the topography
slopes in such a way that any runoff will flow from the applicant's property to his property and
contaminate the well for his windmill and the natural water collection areas. Mr. Gallegos hopes
to pass his property down to his children and grandchildren with clean drinking water and
non-contaminated land.
e Allen Clark, Carr resident, stated he spoke on behalf of Mr. Heschkei, regarding
contaminants in the tanks, and for himself personally as this will affect the hunting in the area if
the animals ingest the sewage. Mr. Clark is concerned with eating animals that have ingested
contaminants. In response to Commissioner Conway, Mr. Clark stated he is allowed to hunt on
500 acres of nearby private property.
El Bruce Ransier, Carr resident, read a letter for the record listing his observations and concerns
regarding the process by which the applicant purchased and readied the property for this USR
application. He concluded by reiterating his fear that the tanks will fail and the toxicity of human
septage will be a toxic waste dump. Mr. Ransier made clear his opposition to the current
application, to the applicant's further purchase of two other parcels, and to the future application
for wastewater injection.
El Chair Kirkmeyer recessed the hearing at 2:53 p.m.
Chair Kirkmeyer reconvened the hearing at 3:06 p.m. and continued with public input.
El Raymond Hays, Carr resident, stated his concerns with the possible contamination of his
water well and ability to graze and water his livestock. In response to Commissioner Conway,
Mr. Hays stated when he does have livestock, he has between 15-20 animals.
Terrance Birdsall, Tellus Geologic, LLC, stated his expertise and years of field study in this
geographical area and displayed a PowerPoint presentation, referenced as Exhibit Q for the
record, summarizing his hydrologic assessment opposing septage storage and spreading due to
the possible contamination of the highly porous Ogallala Formation and Aquifer. He further
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emphasized the area's fragile prairie biologic system; with little rainfall it has no ability to flush
these contaminants once applied.
e In response to Commissioner Cozad, Mr. Birdsall stated it would be crucial to have a liner or
barrier in place that would prohibit the waste seeping into the aquifer because once the waste hits
the aquifer, the aquifer will be permanently destroyed as far as drinking water. He stated he has
designed barriers for other clients and mentioned his work to protect the local rivers in relation to
the oil and gas companies. Mr. Birdsall confirmed there are some very good geo-liners available
and he would recommend an engineer for this project. In response to Commissioner Conway, he
stated further groundwater and geo-chemical studies should be performed and protection
measures may include geo-liners and/or slurry walls. In further response to Commissioner Cozad,
Mr. Birdsall stated there are times of good precipitation events that produce water flow and he
recommended slurry walls all along the property with geo-liners around the tanks as well.
In response to Chair Kirkmeyer, Mr. Birdsall stated the Laramie Formation goes as far south
as Fountain and Valor, and he mentioned the outcrop of the Greeley Arch which does have some
physical disconnection. He further responded that the depth of the aquifer varies, but it all ties
together. Mr. Birdsall reiterated the porous layers under Carr and reemphasized there is no
natural barrier between the surface and the aquifer making it easy to contaminate in this particular
area whether by seepage or by contaminants from the spreading going in with precipitation
events.
e Mr. Sullivan addressed the comments from Mr. Birdsall's Hydrologic Assessment stating it
was over the top and per EPA regulations, he only needs five feet of separation from the bottom
of his tanks and the water table. He further clarified the State Water Quality Board stated that as
long as there is no treatment performed, they are only storage tanks. Mr. Sullivan referenced a
class he had to attend which stated metal tanks are allowed in the State of Colorado for septic
tanks.
El Mrs. Sullivan clarified the Town of Carr has 207 households on septic producing domestic
waste which translates into 450 gallons per day, per household and 93,150 gallons per day for
the town. She stated this adds up to 652,000 gallons of waste per week and in comparison their
use would only bring in maybe 30,000 gallons per week. Mr. Sullivan interjected most residents
have their wells too close to their septic systems and there are no problems. He further reviewed
their site's distance from the town and expressed his frustration that this is being exaggerated.
El In response to Commissioner Moreno, Mr. Sullivan confirmed he has installed over 1,000
septic tanks and in this area it is more economical to install the concrete tanks. He clarified that
metal tanks are more common in Minnesota and Alaska. He addressed the integrity of the tanks
that he purchased and stated the model he has matches the picture of the one laying down on
skids affirming they are meant to stay in that position. Mr. Sullivan clarified his attempts to
communicate with the neighbors and residents of Carr and stated his opinion that there is
misinformation that was exaggerated. He stated he has ripped out septic tanks of every sort that
have decomposed or been damaged and, in his experience of over 21 years and thousands of
installations and repairs, he had never removed a metal tank that was under 50-55 years of age
because they do last.
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In response to Commissioner Cozad, Mr. Sullivan stated the waste is coming from residential
customers in Boulder, Weld and Larimer Counties. He clarified he has a separate license and
insurance policy to empty grease pits for restaurants and take to a separate waste facility.
Mr. Sullivan clarified that the steel tanks are lined inside and the steel tank itself is considered the
secondary containment. He further clarified that his tanks are outside the easement requirement
for the Tri-State power lines.
In response to Commissioner Cozad, Mr. Sullivan explained the requirements for inspection
from the Weld County Health Department for the application process. In response to Chair
Kirkmeyer, he reported they did not need a percolation test. In further response to Commissioner
Cozad, he does not perceive putting in more than the three tanks and he described the size of
the tanks and the reasons for not using the above ground tanks due to the detriment of frost on
the tanks in the winter. He further stated that the extra cost of doing more water quality testing
and installing secondary containment to the area surrounding the tanks would be too costly.
Mr. Sullivan conveyed he did not attempt to communicate much with the residents after he
realized there was increased opposition. He confirmed it would be one semi-tanker once or twice
a day depending on usage and he clarified there is an agreement to make improvements to the
road, if necessary, but they needed to get past this first application before proceeding.
la In response to Chair Kirkmeyer, Mr. Sullivan explained the parameters for temporary storage
depending on weather and the stipulations for the wastewater injection. He clarified the soil
analysis as part of the application process and his plan to grow a grass seed hay. Mr. Sullivan
reminded the Board that the organic matter is only 1% of the wastewater injection. In further
response to Chair Kirkmeyer, he stated that he purchased the tanks with the 10 millimeter
protective inner liner and he did not alter the liner when they cut the opening and, further, the
tanks are made to be horizontal tanks. Mr. Sullivan stated his comments that the tanks could leak
was taken out of context as he had stated that he fixes leaks as a part of his business. In response
to Commissioner Moreno, he conveyed he would know there was a leak by checking levels
regularly. In response to Chair Kirkmeyer, he communicated that the Ft. Collins Waste Facility
seems pretty busy with wastewater injection land application and agriculture activities. In
response to Commissioner Conway, Mr. Sullivan explained the waste from the Ft. Collins
treatment plant is pretreated and that their waste to be used would not be treated and would have
less heavy metals present. He further stated that sewer wastewater is being land applied
everywhere in Weld County.
e In response to Chair Kirkmeyer, Mr. Sullivan stated the tanks are ten (10) years old and he
had an engineering company do both a vacuum test and pressure test to test the integrity of the
tank after they were buried and the tank itself acts as a secondary containment.
e In response to Commissioner Cozad, Ms. Light clarified State Regulation 43 coincides with
Weld County Code, Chapter 30, stating metal tanks are prohibited which is why the Health
Department cannot permit these tanks. She explained that because they are defined as storage
tanks and not septic tanks, they will have to permit them through the Building Department;
however, the Departments of Environmental Health for both the State and County would get
involved if there was a leak reported. Ms. Light added the County would not allow these tanks
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under septic regulations, but would allow concrete tanks, fiberglass tanks, and polyester or plastic
tanks. She explained because these are not considered septic tanks and the septage is not being
treated, then the State will not get involved either, so it falls to the Building Department to inspect
them and permit them as storage tanks. In response to Commissioner Conway, Ms. Light clarified
that the State of Wyoming allows for land application of domestic sewage but she did not research
if they allow storage in metal tanks.
El In response to Commissioner Freeman, Ms. Light concurred regarding another problematic
application similar in nature to this one. Chair Kirkmeyer stated one of the differences is those
tanks were above ground.
ID In response to Commissioner Cozad, Ms. Light verified her concerns regarding her
professional inspection of the tanks related to rust and her recommendations for mitigation to
include the need for secondary containment, and overflow alarms, and she confirmed her
professional concern regarding the possibility of the tanks leaking.
E In response to Commissioner Conway, Jose Gonzalez, Building Inspection representative,
confirmed the steps to research the tank's manufacturer and specifications and if the coating has
been compromised, the tanks would need to be recoated. Mr. Gonzalez stated he has not seen
the tanks.
El In response to Chair Kirkmeyer, Ms. Light stated the tanks being discussed meet the
definition of a vault and holding tanks are not covered under the septic regulations.
e In response to Commissioner Cozad, Mr. Gathman stated the application does address the
tank component and he discussed the spectrum of applicants and perhaps the applicant could
have provided a more accurate vicinity map. Commissioner Cozad stated a more accurate plat
map would have been helpful. She further stated she does not feel there is enough information
provided to make a good decision and it is unclear how the site will operate.
ID In response to Commissioner Cozad, Mr. Howard reviewed the traffic narrative and the
requirements related to the Department of Public Works. He stated the usage of the tanks is what
is under review and with the tanks being buried it does not change the drainage patterns. In
reference to a spill, Mr. Howard stated a spill would percolate quickly.
e In response to Commissioner Conway, Ms. Light stated it is not permitted to apply septage
to frozen ground. In the event the ground is frozen, the applicant would need to make a decision
to either store it in the holding tank or opt to not have the waste delivered. She further stated the
certification was by letter from an engineer that she could not contact.
E Chair Kirkmeyer expressed her confusion regarding why a Certification of Designation is not
necessary, and why the County regulations address storage of septage but do not allow this type
of material to be stored in metal tanks if it were for a septic permit but because it is storage only
it falls to the Building Department to be permitted to be kept in bulk in metal tanks.
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ID Mr. Barker stated the County does not prohibit the use of that type of tank. He clarified the
Department of Environmental Health will not issue a permit for a metal tank for septic; however,
there is no prohibition of metal tanks for storage in general. He clarified it is not a permitted use
and it is not a prohibited use.
El Cozad, Mr. Barker stated the Board of County
response to Commissionery Commissioners
can examine the application and add conditions as necessary.
e Mr. Gonzalez stated the definition of a holding tank or vault and specified why this falls under
the Building Department; he further affirmed he has not seen the specifications.
Mr. Barker clarified the requirement for a Certificate of Designation regarding a solid waste.
He further defined solid waste and came to the conclusion that domestic sewage does not require
a Certification of Designation.
E Commissioner Conway stated he has many concerns with the application.
is a need for
- concerns as well. She stated there
Commissioner Cozad stated she has many co ce s
these businesses and land application is done all over the County and it is regulated by the Health
Department. However, she expressed her concerns regarding the tanks, the material they are
made of, and how it can be mitigated. Commissioner Cozad recommended adding requirements
that the tanks be kept above ground, that they be concrete or some other material approved by
the Health Department, with have secondary containment and an unloading pad, and be regulated
and monitored by the Health Department. She also stated her concerns regarding the minimal
information submitted on the application and her willingness to contribute to mitigation efforts if
the Board chooses to go in that direction.
e Commissioner Moreno stated he also has concerns and is unsure if mitigation is possible.
He stated his support for Commissioner Cozad's suggestions but further stated there are enough
concerns that he is not able to make a definite decision without proper mitigation.
El Commissioner Freeman expressed his concerns and confusion regarding the regulations
separating septic from septage storage and whether this area is an appropriate location. He
clarified that he is aware of wastewater injection application in Weld County and that it can be
very beneficial to dryland crops if done properly; however, he is unsure regarding this application.
e Chair Kirkmeyer concurred with the comments that have been made by fellow
Commissioners. She listed off her stipulations for moving forward to include: limit trucks to one
per day, must have a secondary containment, tanks must be stored above ground if using metal
tanks, unloading pad for the trucks, determine the hours of operation and designate the exact
months of temporary storage, and the applicant will need a Certificate of Designation if bringing
in commercial waste. She expressed the contradiction regarding the use of metal tanks.
IR Commissioner Conway stated the mitigation would be unfair and cost prohibitive for the
applicant. He further expressed the magnitude of unanswered questions and his uncertainty
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regarding a decision. He stated the available information and ability to make the right decision is
not available today.
E Commissioner Freeman suggested referring this application back to the Planning Staff. Chair
Kirkmeyer stated the application is past the point of referring back to staff. Commissioner Cozad
stated if it went back to Planning Staff, it would have to go before the Planning Commission again
because of new information. Mr. Barker clarified the application before the Board today is what
they have applied for. Commissioner Cozad stated her unwillingness to move forward with the
application because of the material of the tanks and lack of oversight to the possibility of leaking.
e Commissioner Cozad moved to deny the request of Kevin and Cynthia Sullivan, for a Site
Specific Development Plan and Use by Special Review Permit, USR15-0035, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (transportation and storage of domestic septage associated with a commercial
business) provided that the property is not a lot in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the
A (Agricultural) Zone District. The motion was seconded by Commissioner Conway, who further
stated it does not meet the compatibility to the surrounding area as stated by Weld County Code
Section 23-2-230.6.3.
e Chair Kirkmeyer stated the application is not in compliance with Section 23-2-230.B.7 of the
Weld County Code, which ensures there are adequate provisions for the health, safety, and
welfare of the inhabitants of the neighborhood and the County. The application for USR15-0035
was denied unanimously. There being no further discussion, the hearing was completed at
4:46 p.m.
This Certification was approved on the 26th day of October, 2015.
BOARD OF UNTY COMMISSIONERS
WELD CO Y, CO O
ATTEST: datAtiti jeja,;(i
Barbara Kirkmeyer, Ch it
Weld County Clerk to the Board
r .
reeman Pro-Tem
BY.
Deputy •I.rk to the Board
. Conway
(12
Julie A. Cozad
Steve Moreno
2015-3319
PL2373
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