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Home My WebLink About790333.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: ASSIGNMENT AND CONTRACT OF LANDFILL OPERATIONS IN 'WELD COUNTY. 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, the Board of County Commissioners of Weld County, Colorado, have long been concerned with the problem of solid and/or liquid waste disposal in Weld County, and WHEREAS, Weld County is obligated to bring the whole County into compliance with the law, so as to promote the health, safety, prosperity, security, and general welfare of the inhabi- tants of Weld County, and WHEREAS, Weld Landfill , Inc . , a Colorado corporation, has heretofore been the only certified dump and landfill operator in Weld County, Colorado, and WHEREAS, Weld Landfill , Inc . , desires to assign and trans- fer all of their rights and obligations as a certified landfill and dump operator in Weld County, Colorado to Colorado Landfill , Inc . , and WHEREAS, the cost to the County to establish a solid and/or liquid waste disposal system is so great that the same cannot be considered or justified by the County at the present time, and WHEREAS, there is a continuing need for solid and/or liquid disposal and landfill sites in Weld County, and WHEREAS, Colorado Landfill , Inc . , a Colorado corporation, has agreed to provide and operate certain landfill sites and transfer stations in Weld County, Colorado, in accordance with the agreement , a copy of which is attached hereto and made a part of this resolu- tion by reference herein, and WHEREAS , it is desirous and in the best interests of Weld County, Colorado that its inhabitants be provided access to cer- tain certified dumps and landfills in Weld County, in order that all solid and/or liquid waste shall be properly disposed of , and PL0632 790333 WHEREAS , the County and operator must conform and be in compliance with the Resource Conservation and Recovery Act of 1976 as soon as possible , NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County , Colorado , that said agreement with Colorado Landfill , Inc . , a copy of which is attached hereto and made a part hereof by reference be, and hereby is , approved. BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute the agreement as submitted and to make the same effec- tive forthwith. BE IT FURTHER RESOLVED that the Board of County Commissioners of Weld County, Colorado , acknowledge receipt of a copy of a col- lateral agreement , attached hereto and made a part of this resolu- tion by reference herein , and approve the same , subject to the terms and conditions thereof prohibiting assignment of any contracts with Weld County, Colorado or sanitary landfill site designations without the express consent of the Board of County Commissioners . BE IT FURTHER RESOLVED that the Board of County Commissioners does hereby approve the assignment of landfill leases , site desig- nations , and contracts from Weld Landfill , Inc . , to Colorado Land- fill , Inc. , as provided in the assignment attached hereto and made apart hereof by reference. BE IT FURTHER RESOLVED that the Board of County Commissioners does hereby approve the proposed rate increases as specified in the contract attached hereto and made a part hereof by reference , to become effective August 1 , 1979 . The above and foregoing resolution was , on motion duly made and seconded, adopted by the following vote on the 6th day of June , A.D . , 1979. BOARD OF COUNTY COMMISSIONERS \Iy,^' //)) -}}- WELD COUNTY, COLORADO ATTEST: Weld County Clerk and Recorderral� Clerk to the eputy County erk -,4121) BL-nr7-7a�2✓ N.<4÷,� RD AS TO F y /' E. County Attorney DATE PRESENTED: JUNE 11, 1979 -2- SANITARY LANDFILL CONTRACT THIS AGREEMENT , made and entered into this 6th day of June , 1979 , by and between WELD COUNTY , COLORADO , hereinafter referred to as " County" and COLORADO LANDFILL , -INC . , a Colorado corporation , hereinafter referred to as "Landfill " . RECITALS The parties to this Agreement hereby agree that "landfill " shall operate and maintain various solid waste landfill , dump and disposal facilities throughout Weld County , Colorado , and it is further agreed that there will be only one ( 1 ) operator certified to operate dumps and landfills in s-aid -County and further that "landfill " will operate these dumps and landfills in Weld County , Colorado , beginning on the 1st day of June , 1979 , and extending for a period of seven ( 7 ) consecutive years under the following terms and conditions , to-wit : 1 . At the inception of this contract , live ( 5) separate sites shall be operated by " Landfill " , as follows : Certificate No . Eaton 17 Windsor 22 Fort Lupton 28 Greeley 1 Prospect Valley 27 2 . All parties to this agreement understand that " Landfill " owns only two ( 2 ) sites , designated hereinafove at Paragraph 1 as Fort Lupton and Greeley. All other sites are leased to " Landfill " by the owners thereof pursuant to verbal Dr written 1-eases . 3 . Various signs pertaining to warnings , directions , etc . , as needed , will be supplied by the Weld County Sign -Department . All other signs displaying dumping fees , etc . , will te furnished by "Landfill " . 4 . The landfills and dumps shall be operated pursuant to all federal , state and county resgulations and -applicable laws , specifically , the Resource Conservation -and Recovery -Act of 19% ( P . L . 94-580) . " Landfill " shall further comply with the Sanitary Landfill criteria established by the IPA under the Resource Conservation arid Recovery Act of 1976 and within the necessary time-frame re-quiriemants . Any reporting requirements to the agencies of the fe4eral government , st-ate government or county government concerning sanitary landfill matters shall be the responsiibility of " Landfill " Any costs incurred in order to meet the reporting requirements , such as a survey of methane gas dangers , or any other requirements shall be borne by "landfill " , and consiliereA as a cost of operation . 5 . -All salvage resultin-g from the operation of the dumps shall be the property of " Landfill " . 6 . " Landfill " shall receive all waste , solid and/or liquid , on a fee ibasis , and said _charges to the public for dumping privileges at all -dumps , effective August 1 , 1979 , shall be as fo'rlows : Automobiles $1 . 30 - Minimum charge Station wagons 2 . 30 - Minimum charge Pickups , uncovered 6 . 60 - Minimum charge Pickups , covered 3 . 30 — Minimum charge Business and farm trucks - 1 . 70 - Cutic yard uncovered Business and farm trucks - . 85 — Cutic yard covered Compactor - -disposal trucks 1 . 11 — Cubic yard Commercial roll -off trucks — 1 . 70 - Cubit yard uncovered Commercial roll—off trucks — . 83 - Cubic yard covered Appliances , water heaters , 2 . 00 - Eath furniture , etc . Liquid wast-e . 02 - Gallon Trees - up to 6 inches in 9 . 20 - Per 2-ton truck load diameter Trees - up to 6 inches -and larger in diameter 11 . 83 - Per 2-ton truck load Car bodies or old automobiles 6 . 6D - Eath Dead animals - cows or horses 6 . 6D - Each yearlings 3 . 3D - Eath sheep anud Equiv . 1 . 3D - Each Car Tires . 5D - Each Truck and tractor tires 1 . 35 - Eath 7 . If " Landfill " or " County" desires to re-negotiate the rates or -payments as set forth -herein , it may do so , annually , by review of the accounts and books of "Landfill " . The review shall take plac-e during the -month of November of every year this contract is in effect , which is approximately sixty ( 6D) days after August 31 of each year which is the close of the fiscal year of "Landfill " . The first review will take place during November of 1979 , even though " Landfill " will have been in operation only three ( 3 ) months for the first fiscal year . It is hoped that three ( 3 ) months of -2- operation will -give " Landfill " and " County" information and insight into tte volume of materials received by " Landfill " which may require rate adjustments . 8 . As it is contemplated th-at certain sites will not comply with the Resource Conservation and Recovery Act of 1137_6 , certain sites will be closed and alternative operations established by " Landfill " and the " County" . Closure of sites and alternatives shall be reviewed annually by " Landfill " and the "County" on the anniversary date of this Agreement. 9 . Commercial trast taulers with established credit will be allowed to dump on a thirty ( 30) day basis , but will be required to sign a ticket with the dump boss when each dump is to be made . 10. All commercial haulers will be required to be paid up by the tenth of the month following billing . In tte event of default in the payment as required , said commercial hauler , or haulers , will be suspende-d from dumping at any certified dump of " Landfill " . 11 . Full and accurate books of account for each dump shall be kept at the general office of " Landfill " , and shall to open for inspection by the "County" at any reasonable time . 12 . In cooperation with Weld County officials , " Landfill " agrees that they will close the dumps and landfills at Fort Lupton , Prospect Valley , Windsor , and Eaton in accordance with the following proposed time-frame , and simultaneously replace these sites with alternative types of transfer stations or landfill sites . The proposed time-frame for closure of the Fort Lupton , Prospect Valley , Windsor and Eaton sites is as follows : Name Date Fort Lupton Not later than January 1 , 19-80 Prospect Valley Not later than January 1 , 1980 Windsor Not later than June 1 , 1980 Eaton Not later than January 1 , 1981 13 . The present landfill sites designated as Fort Lupton , Prospect Valley , Windsor and Eaten will be covered and closed to the reasonable satisfaction of the landowners and to the " County ' s " -3- reasonable satisfaction by " Landfill " within one ( 1 ) month after the sites are replaced by alternative transfer stations . However , in the event of any factor or influence beyond the control of "Landfill " , be that far n-atural disasters , strikes , construction delays , weather or other causes , " Landfill " agrees to notify "County" at least one ( 1 ) week prior to the end of the one ( 1 ) month period described hereinabove that "Landfill " cannot close the site or sites -within one ( 1 ) month , and "County" agrees to review the situation and allow a longer -period of time for covering and closing the site , which permission shall not be unreasonably withheld . 14 . The parties to this Agreement acknawle-dge that the operations of all landfill sites and alternative transfer stations are necessitated and shall comply with the Resource Conservation and Recovery Act of 1976 . However , because neither "Landfill " nor "County" have heretofore operated under or subject to the Resource Conservation and Recovery Act of 197-6 , this -Agreement shall be subject to review and modification by the -parties as the parties gain experience and information by operation under the Resource Conservation and Recovery Act of 1976 . " Landfill " and the " County" acknowledge that certain sites will not comply with the Resource Conservation and Recovery Act of 1976 and must be closed and some type of alternative landfill -operation be provided to the citizens of Weld County as existing sites are closed . It is proposed that " Landfill " , subject to approval by the " County" , will provide for alternative transfer stations , if needed , at or near existing landfill or dump sites as the same are closed . "Landfill " shall be responsible for the management and operation of the transfer stations , but "Landfill " shall have the right , subject to approval of the " County" to sublease or contract or assign the operations and managements of the transfer sites to indivi-duals or entities for the operation and management thereof. It is understood that the operations anti management of the transfer sites shall be considered as a cost of operation and therefore reviewed in the rate structure of "Landfill " . It is agreed that " Landfill " will operate transfer stations not less than three ( 3 ) days per week and charge the same fees as charged -4- at all other la rrdfill and dump sites in the county . The operation , manaDement , location and construction of facilities , if any , shall be subject to " Coin-ty" review and negotiation between the "County" and "Landfill " pursuant to Paragraph 7 hereinabove. 15 . " Landfill " shall collect a surcharge amounting to five percent (5%) of all gross fees received at any transfer station or landfill site operated by " Landfill " in Weld County . The funds collected from the surcharge of five percent (5% ) shall be remitted to Weld County on a monthly basis no later than the twentieth ( 2Dth ) day after the close of a particular month . It is agreed that collection an4 payment of the surcharge shall be an expense of operation and considered in the rate structure. 16 . " Landfill " shall provide monthly financial statements verifying the amount of the remittance and at any time , " County" may have access to the books of "Landfill " to audit sail' books to determine if the proper amount of surcharge has been remitted . Said books may be inspecte-d at any reasonable time daring business hours . A copy of the annual unaudited financial report prepared by an independent certified public accountant will be provided to Weld County ' s Director of Finance by " Landfill " . 17 . " County" and " Landfill " agree that although "Landfill " has been assigned Certificate No . 23 by Weld Landfill , Inc . , which concerns the Erie landfill , " Landfill " will not operate the Erie landfill site due to the lack of a written lease agreement with the property owner and other environmental and health problems related to wind and lack of cover . " County" acknowledges that " Landfill " will not operate said site and " County" herewith revokes the site designation number 23 as the same has expired and will not be operated by " Landfill " . 18. It is agreed that due to possible environmental anid health problems , the Fort Lupton landfill site shall be covered and closed as soon as possible , with " Landfill " to establish an alternative type of transfer station . It is proposed the " Landfill " will construct a transfer station at the Fort Lupton site of sufficient size and design which will allow private , governmental and commercial dumping on said site with the material to then be hauled to the Greeley landfill location . With the type of transfer station envisioned at the Fort Lupton site , this will provide full and complete services -5- to the southern part of Weld County. It is contemplated that the Fort Lupton transfer station is an adequate alternative for the foreseeable -future for providing the services to and meeting the needs of southern Weld County . It is agreed between " Landfill " anid "County" that the Fort Lupton station will be reviewed annually at the same time the rate structure is reviewed and a determination made at that time as to whether or not the station is servicing the needs of southern Weld County anti whether or not a new south-ernl-andfill site or alternative site for the residents of southern Weld County will be required . Additionally , it will be annually reviewed on the date the rate structure is reviewed , the progress , if any , of a regional landfill site which may be established in southern Weld County or northern Adams County . In the event it is determined by "County" that a landfill site in southern Weld County is necessary , "Landfill " shall immediately begin to locate and obtain designation of such a site . Any costs incurred in locating the site , purchasing the same , an-d doing necessary environmental impact studies , and costs incurred in obtaining proper designation of the site as a sanitary landfill in accordance with the criteria of the Resource Conservation and Recovery Act of 1976 shall be borne by a revised rate structure as such costs shall be considered as a one-time expense to "Landfill " which should be recovered over approximately a two-year period . 19. As the estimated cost for the major Fort Lupton transfer site will be a substantial undertaking by " Landfill " , and the acquisition and/or p-ayment of the Fort Lupton landfill site real property and the Greeley landfill site real property are major expenditures , it is agreed that " County" will authorize the issuance of industrial development bonds, provided the bonds are approved pursuant to public hearing and proper Weld County regulations and procedures . 20 . The parties to this Agreement recognize that there is a potential methane gas problem at the Fort Lupton landfill site which "County" will make best efforts to investigate and determine -6- on or before August 1 , 1979 , whether or not a transfer station could be constructed upon the existing Fort Lupton landfill site . Such an investigation and information will be undertaken by "County" in cooperation with " Landfill " to allow "Landfill " adequate time and information to construct the transfer station . The parties acknowledge that the southern part of the Fort Lupton site has not heretDfore been utilized for landfill , and it is proposed that the transfer station will be constructed on the southern part of the property , which will thus mot be materially affected by methane gas in such a manner as to eliminate the site for a transfer station . 21 . As " Landfill " will be incurring substantial expenses over the next two ( 2 ) years to close and cover existin-g landfill and dump sites as indicated in this contract , and substantial costs will be incurred in designing , constructing and operating alternative transfer stations -and/or sites , it is agreed that "County" will allow and include in the rate structure reasonable allowances for closures of sites and all expanses for constrtttion of transfer sites and stations . As the projected costs are enly estimates , it is agreed that durinig November of each year that this Agreement is in effect , "County" and " Landfill " shall review the financial condition and proposed expenditures of " Landfill " and take into consideration for rate adjustments , closure costs and costs related to the transfer sites and/or stations . 22 . It is hereby determined by " County" that all types of uncovered refuse and trash result in a considerable expense to "County" and inconvenience to the residents of Weld County . Therefore , the rate structure of " Landfill " for all uncovered trash , refuse and debris shall be double the rate structure of covered trash , refuse and debris . " Landfill " agrees to keep an accounting of uncovered trash revenues and to submit to the " County" fifty percent ( 50% ) of the revenue realized over and above the rate for covered trash of the same designation . Said fifty percent ( 50% ) collection shall be paid to the " County" at the same time as the five percent ( 5%) surcharge is paid according to Para-graph 15 hereinabove , and the fifty percent ( 50%) revenue payment shall be subject to review as in accordance with Paragraph 16 hereinabove . All costs of collection , -7- payment and review of these charges shall be considereid as a cost of operation and considereid in the rata structure. 23 . " County" agrees to immetliately enter into negotiations with the City of Longmont to the effect that the City of Longmont shall charge the five percent (5% ) surcharge on all landfill revenues . Said five percent ( 5% ) surcharge is considered as a necessary and appropriate expense by the " County" for solid waste management anid operations expense of the " County" . Additionally , " County" will request that the City of Longmont adjust the rate structure at the Weld County landfill site owned by the City of Longmont to be similar to the rate structure as established by "County" and " Landfill " in accordance with this contract , including the same charge for uncovered trash as provided for hereinabove at Paragraph 22 , unless there is a proper and reasonable justification for a different rate structure . " County" agrees to keep " Landfill " apprised of all discussions and actions between "County" and the City of Longmont which effect "Landfill ", especially as related to landfill sites and operations . 24 . For and in consideration of the covenants and conditions of this Agreement , " County" will assign to Colorado Landfill , Inc . existing contracts with Weld Landfill , Inc . , subject to the approval of Weld Landfill , Inc . , excluding the Erie landfill site and designation . Immediately thereafter , the existing contract between " County" and Weld Landfill , Inc . , will be terminated and this new contract entered into between " County" and " Landfill " . The term of this new Agreement shall commence June 1 , 1979 , and be in effect for a period of seven ( 7 ) consecutive years terminating on June 1 , 1986 . It is the determination of "County" that such a long-term contract is reasonable and necessary due to the substantial investment by " Landfill " , especially as related to the construction of transfer sites . 25 . In the event " Landfill " is in violation of any of the provisions of this Agreement , "County" shall deliver written notice , by certified mail , return receipt requested , addressed to Colorado Landfill , Inc . , 4710 West 12th Street , Greeley , Colorado 80631 . " Landfill " shall thereafter have sixty ( 60) days to comply with this Agreement . If reasonable compliance efforts as determined by "County" have not been made within sixty ( 60) days , " County" shall -8- have the option to terminate this Agreement . 26. In the event that the " County" , in its sole discre- tion , determines , after a public hearing , that "Landfill " is not operating its dump or dumps in the best interests of the public health and safety based upon the standards and regulations established by all federal , state and county regulations and applicable laws , and specifically , the Resource Conservation and Recovery Act of 1976 (P . L . 94- 580 ) , this Agreement may be cancelled , at the option of the "County" , upon sending a n-inety (90 ) days compliance notice of said findings to Colorado Landfill , Inc . , certified mail , return receipt requested , listing the deficiencies anti the necessary cor- rections to be made. If " Landfill " does not so meet said standards by the end of such ninety (90) days , this Agreement shall terminate automatically. 27 . " Landfill " shall furnish the "County" a certificate evidencing that it has and in force liability insurance with the following minimum amounts : $100 ,000 . 00 liability per person , $300 , 000 . 00 per accident , and $25 ,000. 00 property damage , for the period of this Agreement . In addition , to insure performance of this contract , "Landfill " shall give a License of Performance Bond or mutually acceptable letter of credit in the amount of Fifty Thousand Dollars ( $50 , 000. 00) guaranteeing that "Landfill " will meet the requirements of this Agreement. It is agreed that the liability insurance requirements can be reviewed annually at the same time the rate structure is reviewed . 28. " Landfill " agrees that they shall indemnify and hold harmless Weld County and any and all Weld County employees from any liability whatsoever as a result of any suit or legal action concerning the operation of the landfill sites in Weld County , Colorado . If any suit is commenced against " Landfill " or "County" pursuant to this paragraph , all costs , including reasonable attorney fees , shall be considered as a cost of operation , and considered in the rate structure. -9- 29 . " Landfill " shall not assign this Agreement without prior written consent of "County" . 30. This Agreement shall be bin-ding upon the parties hereto , their successors and assigns . IN WITNESS WHEREOF , the parties hereto have hereunto set their hands and seals the day and year first above written . ATTEST : lir r` QAAU' ati• BOARD OF COUNTY COMMISSIONERS Weld County Clerk and Recorder VUNTYC , OLORADO and Clerk to the Board Chairman KY : ty COLORADO LANDFILL , INC . APPRO D AS TO FORM : � B Y : ('. ;"e xe) President �lIli� C unty Attorney ATTEST : C . ' /f';li,c., APPROVED : Secretary C u ty a ce icer -10- A public hearing was conducted on May 21 , 1979 at approximately 10 : 00 A. M. , with the following present : NORMAN CARLSON CHAIRMAN LYDIA DUNBAR COMMISSIONER BILL KIRBY COMMISSIONER, EXCUSED LEONARD ROE COMMISSIONER JUNE STEINMARK COMMISSIONER ALSO PRESENT : ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY COUNTY ATTORNEY , THOMAS 0 . DAVID PLANNING DEPARTMENT REPRESENTATIVES , KENNETH MC WILLIAMS COUNTY FINANCE OFFICER, DONALD WARDEN THE FOLLOWING BUSINESS WAS TRANSACTED : I hereby certify that pursuant to a notice dated April 25 , 1979 , duly published April 26 , 1979 and May 10 , 1979 in the Platteville Herald , a public hearing was held in accordance with Section 30-20-108 C . R. S . , Weld County is seeking a party to contract to operate approved solid waste disposal sites and facilities after 1981 . Don Warden noted that said hearing will be for the purpose of considering the following : 1 . Assignment of a new landfill operator ; 2 . Rate increases to be effective July 1 , 1979 ; 3 . Closure of landfill sites in 1979 and 1980 ; 4 . Establishment of transfer container sites ; 5 . New contract for exclusive landfill operator in Weld County ; 6 . Surcharge on landfill rates . Kenneth McWilliams narrated a slide presentation on existing landfill sites in Weld County. Mr . Warden followed by reading a memorandum dated February 28 , 1979 , regarding an evaluation of the "Resource Conservation and Recovery Act of 1976 , Public Law 94-580" , prepared by John G. Hall , Director Environmental Health Services . Mr . Warden announced that Colorado Landfill , Incorporated, owned and operated by Mr . Lynn Keirnes , is the only firm that has bid to operate the landfills in Weld County . Each of the six topics listed above were discussed . Kenneth Lind , legal counsel representing Colorado Landfill , Incorporated , was present and elaborated on their proposal . Mr . Lynn Keirnes answered questions . The Board of County Commissioners received evidence and testimony from numerous citizens and local trash hauling firms . After a lengthy discussion , Commissioner Steinmark made a motion to table making a decision on these matters until June 6 , 1979 , and further directed the Clerk to the Board to publish a notice regarding Industrial Development Revenue Bonds for Colorado Landfill , Incorporated , forthwith , Docket #79-30. Commissioner Dunbar seconded the motion and it carried unanimously. CHAIRMAN BOARD OF COUNTY COMMISSIONERS ‘7110-4-7-1 J'1') WELD COUNTY , COLORADO ATTEST : LZt7 WELD COUNTY CLERK AND RECORDER C.D CLERK TO THE BO$ eputy County Clerk DOC # 79-22 TAPE # 79-56 LHR187 " I T ENDANC r R E C; (' tk D APPLICANT : WELD COUNTY TIME : 1_ .00 A.M. DOCKET#79-22 DATE : MAY 21, 1979 REQUEST : SOLID WASTE DISPOSAL SITE -PURI.TC. BRARING NAME ADDRESS /o// // ./ g-I' /YA --- 171- -� �-e /7/, Daldi.e /. y 7/c, GV, / :E ---4/ _,th- , ,__. F_,..,f /270 () I4 alVP '03 (7,-. . ' /�s" 41 /r --- - �S /dam -7 4•;46' -. j ?,,�47' 37,,z 0 7v-c me/ b,.,____. ,I.Z.Aa-'1,t) k 114 -,Lbs---( .-e_r 6.)/) Zey 56 .(_e,' , ,3�.s . ig?.D._4/f i,. i__ 3--iy/ ' /do Eel-gee-1-7'c-, --_- -:-R._-) c-&---.6 - I% 4-Tte lai.,_e___ -,.)- bra. • .u,. d - Via,£ - , /33 O - P-12, IL-a-62-14 9 >7 Sr' /2 7-4 2,-- v`re,.- c c'r gi:1:6-1 &a } y0,3o Ce �� --7r/- c-/ ` /2 S 6 Lem- c . g. / ,71°- ,-...,---/-,4,1_d 4-2' ./. /_. .. 4 -,,;<_,.....7 .4.,:2Z1 __y ‘ — �44 r , s�l ~ 5? / ,,� -,2:1--c-.740- / 7 P1,- ,,,,,e24....4.6-7,.... c;23o c .5) ,..1-1,4„2e_10. ' 3/ wry- 4ipe� 1•S'% /-/. 1/? / -4.r- //4 //6,/ r3,., r `P //4461 /0 //9 / (/6 ziz . � �,-,12P 21�� 1U /9, />>-? r;,//, �?(-• (- \� -i' / -21"7' 44442- 9 '(c/ � !� ' ,7 5/ s- !./ 2-t) Vte_dit, ,, 'P/y� / 1 a c�, Ud n /� / oi t T U / ` ! V y _ e,.5 J i•C' C 4 it/7 e 4 Cr it, /g. •�aN �i c.✓ ��S"/ --4 2 7,L // '77/ V�i�� _ p/ !r- /0/4—its /6-<_ . 4 T{yMf•, r4 1 Weld / T1 BOARD OF HEALTH ' ' VV el0 County if lealt�i .department�^ DAVID WE RK n,IG DDS GrrCl py I) YODER, MD. MPH Wit iyAM DUCK. Roggee Dneclor _ 61fi nr 'iIl AI RGA) 001115 DPFKE Greeley u ' GREELEY. ' ()RADO 80631 A M DOMINGUEZ JO J D Greeley .b ♦Ip'iA0 ANN'TT L M LOPEZ Gleelny 11• FRANK MYERS MPH. Windsor HERSCHEL PHELPS JA MD G,erIey February 2$, .1979 KATHLEEN SHAUGHNESSY PI-IN, Ault ARTHUR C. WATSON. Plallevile Evaluation of the "Resource Conservation and Recovery Act of 1976 , Public Law 94-380" Prepared by John G. Hall, Director Environmental Health Services This memo highlights and summarizes the above-mentioned act. These points are an evaluation of the present situation and may be subject to change or modification by further directives from the Environmental Protection Agency (EPA) . Also, these comments are only general in nature and are not intended to give details. The highlights are summarized as follows: 1 . -Classification criteria - On July 27, 1979, the Proposed Classification Criteria (Federal -Register, Monday, February 6, 197$, Part II) for landfills will h-e Itnalized. Within one year of this date, the Colorado Department of Health will inventory all landfills in the state. The purpose of this inventory will be to ascertain the legality of existing landfills as per the classification criteria. 2. Any landfill found in violation of the Classification Criteria will have 5 years to either cease operation or upgrade its operation to meet EPA standards. 3. No landfill will 13e JJermitted in an "environmentally sensitive" area. Example-s of such areas are wetlands, floodplains, endangered species habitats, recharge zones of sole source acquif ers, and active fault zones. 4. Section 7002 of the RCRA provides for citizen suits. "Any person may commence a civil action, on his -own behalf (1) against any person (including, (a) the United States, and (b) any other governmental instrumentality or agency. . . ) who is alleged to be in violation of any permit, standard, regu- lation, condition, requirement, ar order which has became effective pursuant to this act." 5. Pursuant to Sections 3001, 1002, and 3004 of the Act , -EPA has issued 11 proposed rules governing (1) criteria for identifying and listing hazardous waste, (2) standards applicable to generators of such waste, and (3) per- ,1 . j formance standards For hazardous waste management facilities. The _impact of these criteria on landfills in Weld County will be significant since a great deal of solid waste generated in this county falls in the category of hazardous waste. The full implementation of these guidelines is not expected to take place before January, 19-82. �1/ n kik 4 P�r . i Page 2 ! e: RCRA Evaluation "t February 28, 1979 4? IP,', In summary, it appears the RCRA favots the concepYhefsmaller consolidation landfills 1144 landfills in Weld County. In all probabilities, !I`i ' in the county (Eaton, Windsor, Ft. Lupton) would not meet the specifi- to cations of the Act, and would therefore be classified as illegal dumps. r, Et E414i Pall a , } Er Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Nancy C . Usher of said County of Weld,-being duly sworn, say that I am an advertising derk of THE GREEDY DAILY TRIBUNE,-and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice -or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) (weeks); that the notice was published in the t a��Ra regular and entire issue of every -number of said newspaper_during the period and time of publication of u td�a A.M.on May n,Wit ring said notice,and in the newspaper proper and not in a a .tomml»baan-Nearing Camir F.p�nnui. supplement thereof; that the first publication of said Ws* notice was contained in the issue of -said newspaper Amoy 4N inSad Mi ,ts bearing date tins attar 111.aid O arrMa. seventh a t a Piano..,m 'no Wan.1.�Ri than SAO PcM . . day C,LaY A.D. 1979 of THE WARDDR ' and the last publication thereof; in the issue of said *ton* newspaper bearing date the touwrr.twro�rAOD awn AMMREDERfTEIR Ctai*MARQEKOROER sev-enth i /Aria n*Tai WARD Era rd,owwR day of MaY -A.D. 1979 . that said The Greeley Daily-Tribune and The _Greeley v r' Republican, has been published -continuously and uninterruptedly during the period of -at least six months next prior to the first issue thereof Contained said notice or advertisement above-referred to; that said newspaper has -been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. May 7 , 1979 Total Charges $7 .83 Advertising Clerk Subscribed and sworn to before me this 7th da of May A.D. 1979 My c mis ' n expire Notary Public Affidavit of Publication STATE OF COLORADO, 1 ss. County un of Weld, 1 L ( _s.2s- -r—rtii¢-y�—t of said County of Weld, b ng duly sworn, say that I am publisher of _. -r.--ebb.ti.GcibCi2..1-—- th the same is a we y newspaper of general circulation wand printed and published in the town of-&0eC' li k.:0 —>- Ldia` &- NOTICE OFPUNICf1PJ1 Ila^- . The Weld County Board daCouaty in said county and state; that the notic or adver- Commissioners will conduct•pub c tisement, of which the annexed is a true copy, hearing at 10:00 a.m. on May 21, 1979, in the County Commissioners has been published in said weekly newspaper Hearing Room, first floor, Weld - tie _. _ — se- 1,. County Centennial Center,955 10th for -. .. ---- - Street,Greeley,Colorado.. weeks; that the notice was published in the In accordance with section 30-20r 108 C.R.S.,Weld County is seeking a regular and entire issue of every number of said party to contract to operate approSed- newspaper during the period and time of publi- sold waste disposal sites and cation of said notice and in the newspaper facilities after 1981. Any interested party shbuldmu- proper and not in a supplement thereof; that the tact the Weld County Director of first publication of said notice was contained in Finance in writing at 915 10th Street, Greeley.Colorado 80631 no later than the issue of said newspaper bearing date, the 5.00 p.m.May 15,1979. THE BOARD OF COUNTY c}P4p_ day of ,,(7r+, •-E'_--, A.D., 19.7? COMMISSIONERS,WELDCOUNTY and the last publication thereof, in the issue of ' COLORADO said newspaper bearing date, the -/.Q day c; BY:MARY ANN.FEUERSTEIN COUNTY CLERK AND RECORDER r-" 19)y-; that the said AND CLERK TOTHEBOARD —*Lt.. (/' 2- �s a - /may_e . _ BY`KEITHA HUBBARlh'l-ter y .1' X-L� Published in the Platteville-Herald _\G(u� 'r , off_' and the LaSalle Leader on April-26. Tr9 and Mai 10, 1979. has ten published confinm usly and uninterrupt- edly during the period of at least fifty-two con- secutive weeks next prior to the first issue thereof containing said notice or advertisement above referred to; and that said newspaper was at the time of each of the publications of said notice, duly qualified for that purpose within the mean- ing of an act, entitled, "An Act Concerning Legal Notices, Advertisements and Publications, _and the Fees of Printers and Publishers thereof, and to Repeal all Acts and Parts of Acts in Conflict with the Provisions of this Act," approved April 7, 1921, and all amendments thereof, and particu- larly as amended by an act approved, March 30, 1923, and an act approved y 18, 1931. laa—amt/✓fi PifYlsher Subscribed d sworn to before me this cr day of _ .._-----.7 , A.D..,, 19/-9 My commission expires _O.LJWRl1ssiQit-l:n —n��. 1, 1982 Notary Public NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the Board of Weld County Commissioners will conduct a Public Hearing in its Chambers on the First Floor of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado , at the time specified. Date : May 21 , 1979 Time : 10 : 00 A.M. Said hearing will be for the purpose of considering : 1) Assignment of a new landfill operator ; 2) Rate increases to be effective July 1 , 1979 ; 3) Closure of landfill sites in 1979 and 1980 ; 4) Establishment of transfer container sites ; 5) New contract for exclusive landfill operator in Weld County ; 6) Surcharge on landfill rates . The data for the above items is available for public in- spection in the Office of the Clerk to the Board of County Commissioners , Third Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado , and may be viewed Monday through Friday, from 8 : 00 A.M. to 5 : 00 P.M. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DOCKET #79-22 NOTICE OF PUBLIC HEARING The Weld County Board of County Commissioners will conduct a public hearing at 10: 00 A.M. on May 21, 1979, in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. In accordance with section 30-20-108 C.R.S. , Weld County is seeking a party to contract to operate approved solid waste disposal sites and facilities after 1981. Any interested party should contact the Weld County Director of Finance in writing at 915 10th Street, Greeley, Colorado 80631 no later than 5: 00 P.M. May 15, 1979 . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha Hubbard, Deputy DATED: April 25, 1979 PUBLISHED: April 26, 1979 and May 10, 1979 in the Platteville Herald /16/79 ^0 tt12 CSeClTY G_ : 'I2 :l0 Cr Rn i I D CnU..FY: ^R ,"L}:.W, COLOR^ ',. <, For the ffollowingreasons n� recuest that the Erie Land Fill r m=in in orero.tion: 1-Tht sre: ont land fill is well maintained & off the mein higliely. 2-This is rewin. arca & will continue to grow, trash service here is _. must. 5-if iicco tinned t'_e results would be more trash littered on hip:h- w' ys & fields. 4- Should have o so to another locality, it mould mean higher -t sh service & more ensr y to transport it there. @M ggNCORMCMISS?IMEAb NAYil ADDRESS U y 7 7Y 657 y D : ' ::`JK..,I 1979 • /7? '.r .,..emu..-�a ;z:, MAY 21 7"�'u-. .<1rYrvK.�l iii• Caa //ZS L.4 i.1 7"..-. 1 I-C.. A `_> i' j�Z—z (e ( f4 r-.....,,Le S c i > ;1•c) )J f 1. !Z.tir`2., b) . D4-2-GV-c�1 -3 9Inc) / Q.��( e. �.4 / f.ett✓ • er t`4 -E 6G R, -1 j2?` _ s II 7/(C te-A1 e , W-1-€ 7.r tl /f p s /,/-..: ,t, r r L c( CL.c. r L-C- :4-tiC / C J (4;.)/) '1'7162:I& 'r-.-r- f , r c- !C.per) /0 O ( `- ' i / 3 7 36 G l r/ ( tom t 76-C77 � c t'E" L s 1 s/El 4:--.,i2,.rc�-Lv(...L. Lkt.v✓-cam !� r7 5 na --- c..,..4_z-- �� 2 (L!,/ 4 5 6 (7 2-zet f' ._ >---2 /c-��,_e_ie✓ ,-- i ��Z�L - ' x!5"1 . - , , - �� r s! 2 .t 5 '�t.'_-/L Z.E' J P p l.. � C.'Lf✓il ) L/�1 .Y-\��)� / ,, / iti fri Uv1 C aCfc4 / c r.... r,''.-,<--2.-(4_ X71 /,(: t„! i</ \ - �` / ;7/� z' ( r..E e �' `4-e y / /J z,--,..-‘,,z_ a,c/ ' t., U MI iv(i 1-' MI 33.5 Pyiuc- ' 2 e, l a�� /f Flo �� •1 y i1 rle 5-if ) IC-1,e, i-h_ 5‘ 31 "--44.7' 7o.. 6,1_,___3( I IA; LC✓ 6 d X 3 K 6'h._( -y cut: �C�'�'� Cc 1., f T. / y de"zy_e. ' k nn v d w4:. 71(o-den-t- m s :3 C �. .$-,/ ti N. '\� . \� c^I- 1c. S `� �_,_ , i ale , ,t,,..-0.-e.,___, (f.' li.cil 1-37L 7 C-n-i_acH' " i B. ' Y.Q 8 Di( I a-- c.,,,,: _, t / g, _Lil . L a-L.to Itiiv.1-£'�cc.. mss_�' -,() f'7'4( fIit es5 Alf ( r-- i/1Z1r n , uf �,L' 0/- Zi 12 (7 C) E ,?//_ r7:16/1,19 ,TO 'IRS COUNTY CO .ST S f I " . N ':'PI ) "-F-. 7:)HiTEIX, COLOR/Si)0 Far the folio inf; re000ns - e rcsuost that trio Eris L nd rill rum in in onoration: 1-'The r.renent 1, r I fill. is v,O11 ointoinati off the main hic wev. 2-This is a ,rowin , arao & Till continua to zrow, trash ne ..vi ce h: r^ is a. must. 3-if discontirucat the rosu.. t: could o arc trash littered on niTh- ;Y; & . __Al.ds. 4-ShOU1S. G have to co .o 'o ; lrr lac iity, ,void can nr jh' r t .sh v c" ort i _ ere, I,fal,( /L13 ?4,/zAra11- e' 4 c,--__ $6 / 2 / c___S -7---, / V ,- . MELD COMITY CWMI$S1 MRS � �� C I p i ni ,C�J a `t/ /6/2-.- V �(q G�=w d eetst 21 1979 L re, ' p1,17 1432-0 St Iy�t FL,‘J GREELEY. 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Cc, '5 i1 ilk 144(--6( (35 31K fur_ l,4 ..` -- t, - &-- 7Ai _3s /�,� H 4 J CLL i Zvi $ ln4 / 4-1-4-1/4/1 Ac--'--- 15-3 i Lal 11 L Cu 1QdQ (6 2s„1/4,/./ tylt 44! /V // 5'55'7 2—osr',r941, j ,tgy4h`-.CC 75-7e ` AVitl:Ci. rC.--etx / lb� ielel ` 330 o hgi azw a E.ui, Ca " C �� C L sLtF '-_ 13,, E c . Y1(2./ : ,l' _a, • .:jr,L:) -. , L(` ... ,F.�. ..J ...1 ., .r:SSa1C � .. C. '�� .;�Ul\�1. 3n L`T tii' �.qH0 For the following rerisonc we renu :-st that the Erie Iyind Fill sem:+in in operation: 1-The ?resent land fill _s hell nnint .incd u off the nein a "ny. 2-Thi.. is rowin ; airee. & will continue to grow, tr ,h service hare is c must.', -IS aiscont�.nu,= the re would be r^ore trash L1:.texea? on .:(_ways & fields. 4-Should me hevc to ee to another locality, it would mean i :her • trash service more c,as enemy to tra-ns'oort it th_.re. NAIL A DDPWSS y403 E. Cctc,..-r-) s._� E._-__c C_, Tr 1.-✓ LC !7 /Z,‘ ! V -lc ._4,- .e_e ` M1-' l-. ,„i 4-7,„&,-, 77)7 //..-#6& 4-2.4,7_, (16Oc/ , • --7,---/ ,;--- 47_,„6 bav \`k-k I-C K --n. /)i= .. .55`, 1-4c17,3Eler:4. a, C` - - „ti ` ). .,4,1-, 2/L/ 3 1ciN -7frfogil ?T� LAY arc; cc. r,2z,Y/ ,1 <AiL 1 /�, 0 v cA A/ . 4// ( 14 , 4 t. JC<D / 1; t-5PJ, A/1- ' I'k7 rl ,,,,ix_c_ZI.,: .-1,4 2 , PT 1 3© j S 3 (71 u i - - c < --t- C-1 -c *IL ; ,� t O, ��.kJu a4', I,eiC, (1-4 et er31/ rte 1. 2U I/ t it/vti <<-`` .y m c v- i cr- ,- • 9.-itiz_L. --- ./ 7,g) a . 3 / , lti3 c`j„)J 3aJt ( 6 �i (: _V 7 � a ti o7y4, 3 7J` .cf �j'-ceea��-w�.zG ela,za a>,,- LL-')C,.--(1 3 4 ,, / y 5/L /79 Tow G. J TY co: ._i.,. _ . ns .J J G U. ii: (4N n1,; i, COO O2 DO icr tue following reasons we rriHuit that the Erie Land Fill rennin in oper: tion: i-lh ).rasant 1: ,a till is ci! maintained & off the main highway. 7-This is a growing area & will continue to ;;row, trash service here is ;t. i-Jf iscoil.tid t.;_._• f.esuiL would be .Wore trash littered on higaways fields. i,- i- ul e Lave to bo Lo .not!„.r locality, it would mean higher Lras-i< service ,6 _:.o / . g ., worgy to tr..-, port it mere;. 7 ,' Cam/ 7 9 c g ri 7 Z r_7L co 99s76 7 '77' eti'✓L-6,0 76- iG e (5 X117 i -7i E, c.r ( 5 ; 9A3 IA, Cif = 7 F ii, <- Ce 0>' ' 6 �, o-0 -, r 7 S %zJc R `= 7 y �i. l-- C'o 5of > i bet e ,. � 336 3 z c mac, /C 4„2,a .„ , , / , / , DwuiLcAu Hupi— , i 1 kE4► itot " . r7-... . ti .- 0�' ,:_ ,..., iy• _, , , 5/16/79 To T1'. COUNTY CO >tIS J ' r ..'s : , t i L, }or the folJowih2 reFsens re reruest thet tnc Erie Land Fill remain 1[: rr)6rc: Uioll: L- ent irs fiJ1 i -sell m;aint3:ined i'. off the main highway. _is in r `r'0" '_n e.r' . will continue to grew, trash service here ni:;cnrit; nueL the results Mould uU of e litt::rc.:. 'i.l “T,,;:-- yr 1 _,. 'fl h yi' Lt. Jo t.i:r loc � ._-�f rt JU1 t 1eY.tr L_,h:i crsh „ .rc__ce _ cor energy to ur. ns ,ort it ;.here. 4-1 c1.n DAD .0V 7-{Cl S F-lcA bnczJK K F ZG i c�r �R C_Lre ` OJ' /C. koavim, d V J[G tiek 4,, acid„ RDY SDG UueM,e4le4L/ $Dul6 7 Z'cX Set /t [ �( WELD WI rp �11SSIMERS _ ' 211979 mg GREG, EY. co 5/16/79 TO THE CntrIt,v C i :I t H. lbr the following reasons c otsesoL Lnrt Lao Erie Land Fill remain in oueration: 1-The resent I .o till is aril maintained & off the main highway." -" his is a _;rowing area & will continue to grow. trash service here is ti must. 5-' f discontinued the resulto " nu] d he sore trash littered on high- v.sy s G fields. 1+-should we hove to go to another locolity, it would mean higher trash :7 rvicc _- more r _ , :_ner,gy to tranzm.ort it there. Pi41,‹ 5 cam-, ciao si f `` V nb a . C114611*c( z� c /� iLit 1(:)(). 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