HomeMy WebLinkAbout20141621.tiff STATE OF COLORADO
John W.Hickenlooper,Governor
Larry Wolk, MD, MSPH oe coy
Executive Director and Chief Medical Officer r:7/1 - o
fro
Dedicated to protecting and improving the health and environment of the people of Colorado I, ,
4300 Cherry Creek Dr.S. Laboratory Services Division \e`
Denver,Colorado 80246-1530 8100 Lowry Blvd.
Phone(303)692-2000 Denver,Colorado 80230-6928 Colorado Department
Located in Glendale,Colorado (303)692-3090 of Public Health
www.colorado.gov/cdphe RECEIVED and Environment
May 9, 2014
MAY 1 0 2014
Weld County Commissioners WELD COUNTY
1150 O Street COMMISSIONERS
PO BOX 758
Greeley, Colorado 80632
Re: Recommendation for Approval with Conditions
Application for Certificate of Designation/ EDOP
SW/WLD/ECF 2.1
Dear Commissioners:
The Colorado Department of Public Health and the Environment (the "Department") Hazardous
Materials and Waste Management Division (the "Division") received an official referral notification
dated November 8,2010 from Weld County requesting the Division's review of an Application for
Certificate of Designation (the"CD Application") for an existing composting facility, the Eaton
Organics Recycling Facility (the "Facility"), located at 16350 WCR 76, Eaton, Colorado. The tract is
approximately 144.8 acres in size. An Engineering Design and Operation Plan(EDOP) dated September
2010 was received for review on November 12, 2010.
The Division reviewed the CD Application to determine compliance with the requirements set forth in
the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Parts 1 and10 (the "Solid Waste
Act") of the Colorado Revised Statutes, as amended, and with the regulations promulgated there under 6
CCR 1007-2 (the "Regulations"). In accordance with the Solid Waste Statute, CRS 30-20-103 (2), a
"completeness review" of the CD Application was required within thirty (30) days of the receipt of the
CD Application. The Division conducted the completeness review and notified the Facility and Weld
County on December 9, 2010.
In accordance with the Solid Waste Statute CRS 30-20-103 (2), a"technical review" was conducted
after the completeness review. Initial technical evaluation comments were submitted to the Facility on
March 16, 2011. The EDOP was revised several times and re-submitted to the Division based on
subsequent comment letters and meetings resulting in a final EDOP dated May 2014.
On March 24, 2014 the Division published a notice in the Greeley Tribune requesting written public
comments on the final EDOP submitted by the Facility. The 30 day public comment period ended on
April 24, 2014. No comments were received by the Division or the County.
CC: PLOP, MM>}kL(LLtf-F&) 2014-1621
tyyI1.m.0 ttLo ono 5/02-v l zolq
5- z,8 - I�l �L�yy3
Weld County Commissioners
May 9, 2014
Page 2 of 3
It is the determination of the Division that the proposed facility can comply with the technical,
environmental and public health standards of the Act and the Regulations if the facility is constructed,
monitored and operated as detailed in the CD Application and with the conditions of the Division as
stated in this letter. Based on this assessment, the Division recommends that this facility be approved by
Weld County after consideration the requirements of C.R.S. 30-20-104 and any local criteria. Our
recommendation for approval of the CD Application has the following conditions that shall be
incorporated in the CD resolution or Use by Special Review permitting process when and if one is
issued by Weld County:
I) The Facility shall comply with the public health and environmental laws, standards, and
regulations of the Colorado Department of Public Health and Environment and all other
applicable State, Federal and local rules and ordinances.
2) The Facility shall notify the Department's Air Pollution Control Division (APCD) and
obtain the appropriate APCD permits for this Facility.
3) The Facility shall notify the Department's Water Quality Control Division (WQCD) and
obtain the appropriate WQCD permits and update the storm water permit for the Facility.
As required by the Act, 30-20-104(3)(a) and (3)(b), Weld County is obligated to notice their citizens and
conduct a public hearing regarding the proposed solid waste facility.
(3)tai Prior to the issuance of a certificate of designation, the governing body having jurisdiction shall
require that the report, which shall be submitted by the applicant under section 30-20-103, be reviewed
and a recommendation as to approval or disapproval be made by the department and shall be satisfied that
the proposed solid wastes disposal site and facility conforms to the local government's comprehensive land
use plan and zoning restrictions, if any. Any technical conditions of approval made by the department in its
final report shall be incorporated as requirements in the certificate of designation. The application, report
of the department, comprehensive land use plan, relevant zoning ordinances, and other pertinent
information shall be presented to the governing body having jurisdiction at a public hearing to be held
after notice. Such notice shall contain the time and place of the hearing, shall state that the matter to be
considered is the applicant's proposal for a solid wastes disposal site and facility, shall provide a
description of such proposed site and facility, and shall provide a description of the geographic area that is
within three miles of such proposed site and jaeility. The notice shall be published in a newspaper having
general circulation in the county or municipality in which the proposed solid wastes disposal site and
facility is located at least ten but no more than thirty days prior to the date of the hearing. In addition, the
notice of such public hearing shall be posted at a conspicuous point in at least one location at the offices of
the governing body having jurisdiction and in at least one location at the proposed site. Such notice shall
be posted for a period beginning at least thirty days before the public hearing and continuing through the
date of such hearing.
(3)(b)At the public hearing held pursuant to the provisions of this subsection (3), the governing body shall
hear any written or oral testimony presented by governmental entities and residents concerning such
proposed site or facilin'. All such testimony shall be considered by the governing body having jurisdiction
in making a decision concerning such application. For the purposes of this subsection (3), "residents"
means all individuals who reside within the geographic area controlled by the governing body having
jurisdiction or within three miles of the proposed site and facility or who own property which lies within
three miles of such proposed site and facility without regard to which county or municipality such
individuals reside within.
Weld County Commissioners
May 9,2014
Page 3 of 3
Following the County's decisions regarding the final resolution and the Certificate of Designation
application, please forward a copy to the Division.
Should you have any questions or concerns regarding this recommendation please contact Eric Jacobs at
303-692-3430 (enc.]acobs(&,state.co.us).
Sincerely,
Eric K. Jacobs, PA. Charles" n, Manager
Solid Waste and Material Management Program Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division Hazardous Materials and Waste Management Division
ec: Heather Barbare, Weld County Department of Health and Environment
Chris Gathman, Weld County Planning and Zoning
Bob Yost, Al Organics
Michael Pretti, P.E., KRW Consulting, Inc.
Doug Ikenberry, CDPHE Compliance Unit
H:\Working File\Projects\County Weld\Eaton Composting\Correspondence\140506 Eaton Composting Designation Modification to Class I Compost
Facility EDOP Recommendation FINAL.docx
Hello