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HomeMy WebLinkAbout5.0 CorrespondenceS O O%1 t r � a A\r' .6 .,. MEMORANDUM 06-27-2016 To: Tamra Allen Acting Director From: Robin Millyard Public Works Dir. The City of Glenwood Springs is submitting this Land Use Change Application Packet, to facilitate a Certificate of Designation Boundary amendment. The South Canyon Landfill has an area that the Colorado Department of Health and Environment permitted for solid waste disposal, but due to a boundary description era for the CD Boundary, it was omitted in the previous formal action by Garfield County. Through this application the City would like to correct the situation. The packet contains the following; 1. Land Use Change application and check. 2. Project background and reason for the requested action 3. Map of existing boundary and needed amendment to the Certificate of Designation boundary. 4. Legal description for the area to be added containing the permitted disposal area. 5. Letter of support from the Colorado Department of Health and Environment. 6. Proof of ownership for the area by the City of Glenwood Springs 7. Pre -Application Conference Summary The City of Glenwood Springs is anticipation the meeting with County Commissioners' will resolve this on August 8, 2016. 101 WEST 8TH STREET, GLENWOOD SPRINGS, CO 81601 (970) 384-6400 (970) 945-2597 FAX WWW.CLGLENWOOD-SPRINGS.CO.US Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM r TYPE OF APPLICATION: CERTIFICATE OF DESIGNATION • Administrative Review r • • Development in 100 -Year Floodplain • Limited Impact Review Development in 100 -Year Floodplain Variance • Major Impact Review • Code Text Amendment • Amendments to an Approved LUCP ❑ LIR ❑MIR ❑ SUP • Rezoning ❑ Zone District ❑ PUD ❑ PUD Amendment • Minor Temporary Housing Facility • Administrative Interpretation • Vacation of a County Road/Public ROW • Appeal of Administrative Interpretation • Location and Extent Review • Areas and Activities of State Interest • Comprehensive Plan Amendment • Accommodation Pursuant to Fair Housing Act • Pipeline Development CC'_n-tt-�i<.c-ie 4-V ., 5►�Yut.i-lvvi Atmear�tlieitj- ■ Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: City of Glenwood Springs Phone: ( 970 ) 945-5375 Mailing Address: 101 West 8th St. City: Glenwood Springs E-mail: king.11oyd@cogs.us State: CO Zip Code: 81601 Representative (Authorization Required) Name: Robin Millyard Phone: ( 970 ) 384-6409 Mailing Address: 101 West 8th St. City: Glenwood SpringsState: CO Zip Code: 81601 E-mail: robin.millyard@cogs.us PROJECT NAME AND LOCATION Project Name: South Canyon Landfill CD Boundary Correction Assessor's Parcel Number: 2183 033 00 088 Physical/Street Address: 1205 Cty Rd 134, Glenwood Spgs, CO 81601 Legal Description: see attached Zone District: Property Size (acres): PROJECT DESCRIPTION - Existing Use: The South Canyon Landfill is used for disposal of municipal solid waste, composting materials, disposal of septage, and various recycling operations. Proposed Use (From Use Table 3-403): No change in proposed use Description of Project: The project is to correct the Certificate of Designation boundary from the current approved boundary to the boundary that will include all the permitted filling limit of the landfill. The purpose of the amendment (correction) is to be able to use the permitted fill area for disposal. The CDPHE has previewed this proposed correction and provide support for the amendment. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. �=- h,._, a LI rem UP 2-5 Signature of Property Owner Date OFFICIAL USE ONLY File Number: C Fee Paid: $ \©O. South Canyon Landfill Certificate of Designation Corrected Boundary and Legal Description June 27, 2016 Project Description Submitted by the City of Glenwood Springs Project Purpose/Statement of Need: This project description addresses the previously approved, erroneously defined Certificate of Designation (CD) boundary and requests approval of a corrected CD boundary for the South Canyon Landfill (SCLF) owned and operated by the City of Glenwood Springs, Colorado (Glenwood). The boundary change is required so filling can continue in the permitted disposal filling area outside of the erroneously placed CD boundary. Background: The South Canyon Landfill (SCLF) is located approximately 5 miles west of Glenwood Springs, Colorado, approximately one mile south of 1-70, along the west side of South Canyon Road and has been operational since 1956. The only access to the site is via the landfill entrance road off of South Canyon Creek Road which enters the site at its southeast comer. With regard to the facility's legal description, the site is contained within approximately 3,000 acres of property owned by Glenwood and the solid waste activities take place on portions of Sections 2, 3, 10, and 11, Township 6 South, Range 90 West of the 6th Principal Meridian in Garfield County, Colorado. The filling area of the landfill is approximately 40.9 acres and will not change as a result of this boundary change request. In fact, there are no changes requested for the solid waste operations within the revised CD boundary at this time. The facility is permitted and operates in accordance with the State of Colorado Solid Waste Regulations. The CD was issued in March 9, 1999. The City owns approximately 3,000 acres, of which, approximately 193 acres have been zoned by Garfield County for waste disposal and composting operations. South Canyon currently consists of approximately 31.9 acres for Subtitle D permitted waste disposal and approximately 9 acres of historical waste. Approximately 23.1 acres of the approved Subtitle D landfill filling area have been developed and the remaining 8.8 acres are outside the CD boundary. The change in the CD boundary will not change these acreages, but will allow Glenwood to construct previously approved fill acreages. The filling area (approximately 31.9 acres of approved Subtitle D fill and 9 acres of historic fill) is located within a much larger property (approximately 3,000 acres) owned by Glenwood and, as such; the fill limit is not adjacent to any other land owners in the area. Additionally, since the submittal of the original EDOP, Glenwood acquired properties adjacent to the north side of the permitted landfill from the U.S. Bureau of Land Management so any adjacent property owners are far from the filling limit and will not be impacted by the CD boundary change. Project Description: This project description addresses the previously approved, erroneously defined Certificate of Designation (CD) boundary and requests approval of a corrected CD boundary for the South Canyon Landfill (SCLF). Currently, the SCLF is an operating municipal solid waste landfill, however, due to the waste fill area nearing capacity it is necessary for Glenwood to seek an expansion of the SCLF in order to allow continued waste disposal services while a larger proposed landfill expansion is being investigated, designed, approved by CDPHE, and constructed. The expansion will likely require some years to become operational, therefore, due to the immediate need to add additional landfill capacity as soon as possible, the SCLF will need to continue disposal on an area within the fill limit that is currently approved, requiring less construction time. This area of approved fill limit was supposed to be within the CD boundary but the CD boundary was defined incorrectly. At the time the original Engineering Design and Operations Plan (EDOP) was submitted, there was confusion concerning the location of the property boundary, the location of the landfill within the property boundary, and the required locations for the CD boundary as shown on Plate 1 (attached). The CD boundary that was approved was erroneously defined and included a large portion of the designed and approved fill limit to be outside the CD boundary. Plate 1 (attached) shows the approved fill limits and the corrected CD boundary. SOUTH CANYON LANDFILL CD AMENDMENT The additional lands requested in the CD Amendment are more particularly described as follows: The SW1/4NW1/4SE1/4, the NW1/4SW1/4SE1/4, the W1/2NE1/4SW1/4SE1/4, the SE1/4NE1/4SW1/4, and the E1/2SW1/4NE1/4SW1/4 all in Section 3, T6S, R90 W of the Sixth Principal Meridian, Garfield County, Colorado. The above described parcels of land total 40 acres, more or less. Tamra Allen From: Peterson - CDPHE, Robert <bob.peterson@state.co.us> Sent: Monday, June 13, 2016 12:06 PM To: Tamra Allen Subject: Fwd: South Canyon landfill Certificate of Designation boundary Attachments: 201606131130.pdf Forwarded message From: Peterson - CDPHE, Robert <bob.peterson@state.co.us> Date: Mon, Jun 13, 2016 at 11:39 AM Subject: South Canyon landfill Certificate of Designation boundary To: "Rauen, Tammy" <Tammy_Rauen@golder.com> Cc: King Lloyd <king.11oydAcogs.us>, "Millyard, Robin" <robin.millyard(a,cogs.us> I understand Garfield County may be meeting with representatives from Glenwood Springs and the solid waste landfill - South Canyon to discuss administratively amending the Certificate of Designation boundary. The Division is very interested in and in support of, the change. In a perfect world the CD boundary would already encompass the entire approved landfill footprint. This isn't true at South Canyon for a variety of reasons but the City has operated in compliance by remaining inside the CD boundary but many problems have resulted because of this boundary limitation. With the purchase of the BLM land to the north, a CD boundary can be approved that does encompass the already approved landfill footprint and meets the intention of the currently approved permit. The City will provide the requested revised boundary but I wanted to be clear that approximately 40 acres seems adequate to encompass the northeast part of the permitted landfill footprint, as follows. in Section 3 SW NW SE - 10 ac NW SW SE and W1/2 NE SW SE - 15 ac SE NE SW and E1/2 SW NE SW - 15 ac the hatched area on the attached map indicates the area I have identified in this email. a landfill expansion d is no lution• dart' change which D boundary resolution. nested boon to the okfic T Division supports -the or maybe update thiS general Support he ���ut a correction, I can put design bquestions or concerns. call with q please request. thank you rn . Is Management Pro9ra Mater►a Bob Peterson Mp"S°lid Waste and �ppl-IE�µMColorad° co us Gro d 8.7unction, 151 bob eters estate 9 or re - onto letterhead upon Management Program Materials Bob Peterson MD -Solid Waste and E-HMw ado c� CppH Colorado us Junction, 5 Grand 8-7151 bob.eter 2 994 ACTIVE ALA _O OTPKI T EXHIBIT "5" 5 ECN - 3 ti SECTION 2 ADCC' SECTION 10 5ECTION I 1 ED: � Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2181-311-300-020, 2181-303-300-088, 2181-310-200-019, and 21830-940-000-02 DATE: June 22, 2016 PROJECT: City of Glenwood Springs South Canyon Landfill Certificate of Designation Boundary Amendment/Correction OWNERS/APPLICANT: City of Glenwood Springs REPRESENTATIVE: King Lloyd, Landfill Superintendent PRACTICAL LOCATION: Generally located approximately 1 mile south of the 1-70 south canyon interchange off of County Road 134. ZONING: Rural TYPE OF APPLICATION: Amended Certificate of Designation I. GENERAL PROJECT DESCRIPTION The Applicant is requesting to amend the boundaries of Certificate of Designation for the South Canyon Landfill. This request is a correction to the designation, as the area approved for the existing permitted waste limit is outside of the current boundary. The City would like to correct this boundary so that they may be able to use the existing areas that has been permitted for waste, to actually be used for such. This request has been previewed by CDPHE of which they have provided support for this action. The County reviewed a Certificate of Designation for this landfill in 1997 that was subsequently approved and it was amended in 1999 to expand the boundaries and allow for a compost area. This review is dictated for content, process and criteria by C.R.S. 30-20-100.5 thru 30-20-119. 1 Certificate of Designation Boundary c,ffi—w:„..Fr'" `7" -ION 2 Proposed corrected boundary area as supported by CDPHE Permitted waste limit outside of approved CD Boundary ' Existing CD boundary SECTION 1 0 Additional Areas City of Glenwood would like to include in CD Boundary II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Colorado Revised Statute requires the following factors to be considered in making a finding of approval or denial on the Certificate of Designation: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided for in this part 1 and such rules and regulations as may be prescribed by the department; (d) Recommendations by county, district, or municipal public health agencies. • The statute also requires that the solid waste disposal site and facility conforms to the local government's comprehensive land use plan and zoning restrictions. III. REVIEW PROCESS • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one digital submittal); • Completeness Review; • Submittal of additional materials (if needed); • Setting a date for a public hearing with the Board of County Commissioners; • Public Hearing Notice shall be published at least 10 but no more than 30 days prior to the date of the hearing and shall include the following: o time and place of the hearing, o the matter to be considered is the applicant's proposal for a solid wastes disposal site and facility, o a description of such proposed site and facility, and o a description of the geographic area that is within three miles of such proposed site and facility • Public Hearing notice shall also be posted for a period beginning at least 30 days before the public hearing and continuing through the date of such hearing. Posting shall occur 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. • If approved, the Board will sign a new corrected Certificate of Designation to be recorded with the County Clerk and Recorder. 3 SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: ■ Application and Fee ■ Explanation of correction and map and legal description of revised CD boundary. Please submit three paper copies and one digital version that include all submittal materials. Additional copies will be requested upon determination of completeness. Please reference the Land Use and Development Code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: None (Director's Decision) Planning Commission X Board of County Commissioners Board of Adjustment c. Referral Agencies: Will include CDPHE. V. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Fee: $ 100.00 $ 0 $ 100.00 General Application Processing The pre -application meeting summary is only valid for six (6) months from the date of the written summary. The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: Tamra Allen, Acting Community Development Director 4 June 22, 2016 Date e" Nll! 14t Igtoitircaviimiii 1111 Reception#. 819412 05131/2012 04:05:50 PM Jean Rlberico 1 of 4 Rao Fee:$26.00 Doo Fee:0.00 GRRFIELD COUNTY CO Form 1860-9 (January 1988) Colorado 74461 WHEREAS The niteb 6tatesS of Ztmtrica alt to hfjom ttje>ie pceoento obal[ come, Oceeting: City of Glenwood Springs is entitled to a land patent pursuant to the Recreation and Public Purposes Act of June 14, 1926, (44 Stat. 741), as amended and supplemented (43 U.S.C. 869; 869-1 to 869-4), for the following described land: Sixth Principal Meridian, Colorado, T. 6 S., R. 90 W., sec. 3, NE'/NE'/NE'/SW'/, SY2NE'/NE'/SW'/, SE', NW%NE'/SW%, S%2NEV4SW'/, • W'/%SW',4NE'/SE'/, W'hNW'/NW'/SE' , SE'/NW%NW'/SE'/, and S%2NW'/SE'/, containing 62.50 acres. NOW KNOW YE, that the UNITED STATES OF AMERICA, in consideration of the premises, and in conformity with the said Act of Congress, HAS GIVEN AND GRANTED, and by these presents DOES GIVE AND GRANT unto the said City of Glenwood Springs, the land above described, for public purposes in accordance with the development and management plan for the South Canyon Landfill accompanying the application filed with the Bureau of Land Management April 23, 2010, insofar as it applies to the above-described land, TO HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the City of Glenwood Springs, and its assigns, forever; and EXCEPTING AND RESERVING TO THE UNITED STATES: 1. A right-of-way thereon for ditches and canals constructed by the authority of the United States under the Act of August 30, 1890 (43 U.S.C. 945); and 2. All the mineral deposits in the land so patented, and the right of the United States, or persons authorized by the United States, to prospect for, mine and remove such deposits from the same under applicable laws and regulations as the Secretary of the Interior may prescribe. SUBJECT TO a right-of-way for road purposes granted to Telecom Towers LLC, its successors and assigns, by right-of-way COC -61885, pursuant to the Act of October 21, 1976 (31 Stat. 790, 43 U.S.C. 959). Patent Number 05-2012-0005 Page 1 of 4 11111mirriiiilthIMILIVIKAM1CiriliCi RN 11111 Reception#: 819412 05/31/2012 04:05:50 PM Jean Rlberico 2 of 4 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO Colorado 74461 This patent is subject to the following terms and conditions: 1. Provisions of the Recreation and Public Purposes Act, as amended, and to all applicable regulations of the Secretary of the Interior. 2. Provided, that title shall revert to the United States upon a finding, after notice and opportunity for a hearing, that, without the approval of the Secretary of the Interior or his delegate, the patentee or its approved successor attempts to transfer title to or control over the lands to another, the lands have been devoted to a use other than that for which the lands were conveyed, the lands have not been used for the purpose for which the lands were conveyed for a 5 -year period, or the patentee has failed to follow the development and management plan for the South Canyon Landfill accompanying the application filed April 23, 2010. 3. No portion of the land conveyed will, under any circumstances, revert to the United States if such portion has been used for solid waste disposal or any other purpose that may result in the disposal, placement, or release of any hazardous substance. 4. If, at any time, the patentee transfers to another party ownership of any portion of the land not used for the purpose(s) specified in the application and approved plan of development, the patentee shall pay the Bureau of Land Management the fair market value, as determined by the authorized officer, of the transferred portion as of the date of transfer, including the value of any improvements thereon. 5. The Secretary of the Interior may take action to revest title in the United States if the patentee directly or indirectly permits its agents, employees, contractors, or sub- contractors (including without limitation, lessees, sublessees, and permittees) to prohibit or restrict the use of any part of the patented land or any of the facilities thereon by any person because of such person's race, creed, color, sex, or national origin. 6. Pursuant to the authority contained in Section 3(d) of Executive Order 11988 of May 24, 1977 (42 F.R. 26951) and the Recreation and Public Purposes Act of June 14, 1926, as amended and supplemented (43 U.S.C. 869; 869-1 to 869-4), this patent is subject to a restriction which constitutes a covenant running with the land, that the land may be used only for the South Canyon Landfill. The grant of the herein described land is further subject to the following reservations, conditions, and limitations: 1. The patentee or its successors in interest shall comply with and shall not violate any of the terms or provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 241), and requirements of the regulations, as modified or amended, of the Secretary of the Interior issued pursuant thereto (43 CFR 17) for the period that the lands conveyed herein are Patent Number 05-2012-0005 Page 2 of 4 1111 In rti I'16'rlliIlT01(GIC''dr i ■I 111 Reception*: 819412 05/31/2012 04:05:50 PM Jean falberico 3 of 4 Rec Fee:$26.00 Doc Fee:0.00 GRRFTELD COUNTY CO Colorado 74461 used for the purpose for which the grant wasmade pursuant to the act cited above, or for another purpose involving the provision of similar services or benefits. 2. The United States shall have the right to seek judicial enforcement of the requirements of Title VI of the Civil Rights Act of 1964, and the terms and conditions of the regulations, as modified or amended, of the Secretary of the Interior issued pursuant to said Title VI, in the event of their violation by the patentee. 3. The patentee or its successor in interest will, upon request of the Secretary of the Interior or his delegate, post and maintain on the property conveyed by this document signs and posters bearing a legend concerning the applicability of Title VI of the Civil Rights Act of 1964 to the area or facility conveyed. 4. The reservations, conditions, and limitations contained in paragraphs 1 through 3 shall constitute a covenant running with the land, binding on the patentee and its successors in interest for the period for which the land described herein is used for the purpose for which this grant was made, or for another purpose involving the provisions of similar services or benefits. 5. The assurances and covenant required by paragraphs 1 through 4 above shall not apply to ultimate beneficiaries under the program for which this grant is made. "Ultimate beneficiaries" are identified in 43 CFR 17.12(h). Pursuant to the requirements established by Section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9620(h)) (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1988 (100 Stat. 1670), notice is hereby given that the above described parcel has been examined and no evidence was found to indicate that any hazardous substances have been stored for 1 year or more, nor had any hazardous substances been disposed of or released on the subject property. The above-described land is being conveyed for utilization as a solid waste management facility in accordance with the approved plan. Upon closure, the site may contain small quantities of commercial and household hazardous waste as determined in the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901), and defined in 40 CFR261.4 and 261.5. Although there is no indication that these materials pose any significant risk to human health or the environment, future land uses should fully evaluate the potential for adverse impacts of such materials on the proposed uses of the land. The City of Glenwood Springs will maintain all records for the site (including detailed land -use plans and site operational specifications) during the operating life and afterwards at the office of the City Clerk, in City Hall, at 101 West 8th Street, Glenwood Springs, Colorado 81601. To the extent permitted by law, the patentee, by accepting the patent, covenants and agrees to indemnify, defend, and hold the United States harmless from any costs, damages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind arising from the past, present, or future acts or omissions of the patentee, its employees, agents, contractor or lessees, or any third Patent Number 05-2012-0005 Page 3 of4 Form 1860-10 (June 2007) Colorado 74461 1111 riniKimit C 464 I40Millin Cle,Pi 11111 Reception#: 819412 05/31/2012 04:05:50 PM Jean Rlberico 4 of 4 Rec Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO party, arising out of, or in connection with, the patentee's use, occupancy or operations on the patented real property. This indemnification and hold harmless agreement includes, but is not limited to, acts and omissions of the patentee and its employees, agents, contractors or lessees, or any third party, arising out of or in connection with the use and/or occupancy of the patented real property that has already resulted or does hereafter result in: (1)Violations of Federal, State and local laws and regulations that are now, or may in the future, become applicable to the real property; (2) Judgments, claims, or demands of any kind assessed against the United States; (3) Costs, expenses, or damages of any kind incurred by the United States; (4) Releases or threatened releases of solid or hazardous waste(s) and/or hazardous substance(s) as defined by Federal or State environmental laws, off, on, into, or under land, property, and other interests of the United States; (5) Activities by which solids or hazardous substances or wastes, as defined by Federal and State environmental laws are generated, released, stored, used, or otherwise disposed of on the patented real property, and any cleanup response, remedial action, or other actions related in any manner to said solid or hazardous substance(s) or waste(s); or (6) natural resource damages as defined by Federal and State law. This covenant shall be construed as running with the patented real property and may be enforced by the United States in a court of competent jurisdiction. [SEAL] :+1G: Patent Number US"% Erwl.tt IN TESTIMONY WHEREOF, the undersigned authorized officer of the Bureau of Land Management, in accordance with the provisions of the Act of June 17, 1948 (62 Stat. 476), has in the name of the United States, caused these letters to be made Patent, and the Seal of the Bureau to be hereunto affixed. GIVEN under my hand, in LAKEWOOD, COLORADO the TWENTY-FOURTH day of MAY and the in the year ofour Lord two thousand and. TWELVE Independence of the United States the two hundred and THIRTY—SIXTH . By John D. Beck Branch of Lands and .Realty. Page 4 of 4 Book 292. Pae'246 Recorded Apr 11 1956 at 1:33 P.M. Reception No. 193613 Chas. S. Keegan, Recorder SUCCESSOR TRUSTEE'S DEED This Indenture made this Sixth day of March, 1956, between A. Leavitt Taylor, of Belmont, in the County of Middlesex and Commonwealth of Massachusetts, as Successor Trustee, party of the first part, and the City of Glenwood Springs, State of Colorado, party of the second part; WITNESSETH, That said party of the first part for and in consideration of the sum of Seventeen Thousand Dollars ($17,000.00) to said party of the first part in hand paid by said party of the second part, has remised, released, sold, conveyed, and by these presents does remise, release and convey unto the said party of the second part, its successors and assigns forever, all the right, title, interest, claim and demand, which the said party of the first part has in and to the following described lots or parcels of land situate, lying and being in the County of Garfield in the State of Colorado, to -wit: S 1/2 of NE1, Ni of SEt and SWk of SEt, and the S 1/ 2 of the SWk of Section 2; S 1/2 of SEk and the S 1/2 of SWC of Section 3; S 1/2 of the NEi and SEt of Section 9; NEt, the NWk,SE and SW* of Section 10; NWt, SEk and SW of Section 11; S 1/2 of NWt, SEk and SWi of Section 13; NEk, the NWS and SEk of Section 14; and NEt and SEt•of Section 15; All in Township 6 South of Range 90 West of the 6th P. M., together with the Bear's Ditch and the water rights connected therewith, save and excepting any and all coal lying in or under said Wi of SEk, NEt of SEk and SEk of NEt of Section 2; and excepting that portion of said SEt of Section 14 conveyed by Harris D.Colt to Edward J. Berwind, by instrument dated March 1$, 1$90, and recorded January 13, 1$91, in the office of the Clerk and Recorder of said Garfield County, in Book 25, at page 109; and excepting all rights of way now owned and occupied by the Denver and Rio Grande Railroad Company and the Colorado Midland Railway Company in said Section 2. To Have and to Hold the same, together with all and Book 292 Pare 247 singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or in equity, unto the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF the said A. Leavitt Taylor as Successor Trustee as aforesaid, has hereunto set his hand and seal this 6th day of March, 1956. C a- -- As Successor Trustee ~V COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. The foregoing instrument was acknowledged before me this Sixth day of March 1956 by A. Leavitt Taylor as Successor Trustee. Witness my hand and official seal. My commission expires: Notary Pub 2 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2181-311-300-020, 2181-303-300-088, 2181-310-200-019, and 21830-940-000-02 DATE: June 22, 2016 PROJECT: City of Glenwood Springs South Canyon Landfill Certificate of Designation Boundary Amendment/Correction OWNERS/APPLICANT: City of Glenwood Springs REPRESENTATIVE: King Lloyd, Landfill Superintendent PRACTICAL LOCATION: Generally located approximately 1 mile south of the 1-70 south canyon interchange off of County Road 134. ZONING: Rural TYPE OF APPLICATION: Amended Certificate of Designation 1. GENERAL PROJECT DESCRIPTION The Applicant is requesting to amend the boundaries of Certificate of Designation for the South Canyon Landfill. This request is a correction to the designation, as the area approved for the existing permitted waste limit is outside of the current boundary. The City would !ike to correct this boundary so that they may be able to use the existing areas that has been permitted for waste, to actually be used for such. This request has been previewed by CDPHE of which they have provided support for this action. The County reviewed a Certificate of Designation for this landfill in 1997 that was subsequently approved and it was amended in 1999 to expand the boundaries and allow for a compost area. This review is dictated for content, process and criteria by C.R.S. 30-20-100.5 thru 30-20-119. 1 / 934 ACIP'‘,T AA TOOTPRiN1' Certificate of Designation Boundary SEC -WIN 3 io SECTION I 0 ION 2 Proposed corrected boundary area as supported by CDPHE Permitted waste limit outside of approved CD Boundary Existing CD boundary Additional Areas City of Glenwood would like to include in CD Boundary 2 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Colorado Revised Statute requires the following factors to be considered in making a finding of approval or denial on the Certificate of Designation: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided for in this part 1 and such rules and regulations as may be prescribed by the department; (d) Recommendations by county, district, or municipal public health agencies. • The statute also requires that the solid waste disposal site and facility conforms to the local government's comprehensive land use plan and zoning restrictions. III. REVIEW PROCESS • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one digital submittal); • Completeness Review; • Submittal of additional materials (if needed); • Setting a date for a public hearing with the Board of County Commissioners; • Public Hearing Notice shall be published at least 10 but no more than 30 days prior to the date of the hearing and shall include the following: o time and place of the hearing, o the matter to be considered is the applicant's proposal for a solid wastes disposal site and facility, o a description of such proposed site and facility, and o a description of the geographic area that is within three miles of such proposed site and facility • Public Hearing notice shall also be posted for a period beginning at least 30 days before the public hearing and continuing through the date of such hearing. Posting shall occur 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. • If approved, the Board will sign a new corrected Certificate of Designation to be recorded with the County Clerk and Recorder. 3 SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: • Application and Fee • Explanation of correction and map and legal description of revised CD boundary. Please submit three paper copies and one digital version that include all submittal materials. Additional copies will be requested upon determination of completeness. Please reference the Land Use and Development Code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: None (Director's Decision) _ Planning Commission X Board of County Commissioners _ Board of Adjustment c. Referral Agencies: Will include CDPHE. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ 0 c. Total Fee: $ 100.00 General Application Processing The pre -application meeting summary is only valid for six (6) months from the date of the written summary. The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: Tamra Allen, Acting Community Development Director 4 June 22, 2016 Date Soot Cazryoo Landfill Facility Design & Operationi*lsn 2 FAGiuTY IDENTTFICATION AND LOCATION INFORMATION Facility Identification current owner of the South Canyon Landfill facility is the City of Glenwood Springs, with its offices at address: City of Glenwood Springs $06 Copper Avenue Glenwood Springs, CO 81601 (303) 945-2575 City Manager: Mr. Mike Copp eiurent operator of the facility is TADCO Disposal Systems, Inc., with its office located at the site and a ing address and contact name as follows: South Canyon Landfill P.O. Box 422 Glenwood Springs, CO 81602 (303) 945-5375 Operating Manager: Mr. Tim Danner Location and Service Area South Canyon Landfill is located approximately 5 miles west of Glenwood Springs, Colorado, y one mile south of 1-70, along the west side of South Canyon Road. The only access to the via the landfill entrance road off of South Canyon Creek Road which enters the site at its southeast . A site location map of the facility is provided in Figure 2.1. With regard to the facility's legal ., Win, the site is contained in portions of Sections 2, 3, 10, and 11, Township 6 South, Range 90 West he 6th Principal Meridian. This parcel of land in Garfield County is more particularly described as: Section 2: That portion of the SWU4SW1l4 lying southerly of the northerly line of the landfill access road. SkU,)1c \c 5Ya SE r Section 3: SWli4SWti4; SE1/4SW1/4;lnSW1'4SE1/4; StoSEu4SEu4.) Section 10: NtrzNEu4NWu4; N1J2NWv4NEu4; Nt2NEti4NE1/4. Sq.er=abcr 30, 1994 2-1 Project No. 65101 CD BOUNDARY ADMINISTRATIVE ADJUSTMENT 6-20 16 C I f I I 'C .----------L, PEdVI f i I ED -. ---'—,, I WAStE LIMIT ' 1 /4 . i /4 Itt 0111•11•11M 75E 1 /4I E I /4 t 5WIt `5 ,l 'l- '', 5E I l45W Ii>, \ i ., ,L,, .,..- f— ,-'; t a EXPANSION (AREAS I _ ; 1994 SRK CD I BOUNVARY ttr- NEI/4NV I/4 1/'4N 4 NEI/4N:I/4 NW 4hJ "1/4' ,, I OFIC- Tamra Allen From: Peterson - CDPHE, Robert <bob.peterson@state.co.us> Sent: Monday, June 13, 2016 12:06 PM To: Tamra Alien Subject: Fwd: South Canyon landfill Certificate of Designation boundary Attachments: 201606131130.pdf Forwarded message From: Peterson - CDPHE, Robert <bob.peterson(ustate.co.us> Date: Mon, Jun 13, 2016 at 11:39 AM Subject: South Canyon landfill Certificate of Designation boundary To: "Rauen, Tammy" <Tammy Rauen(4golder.corn> Cc: King Lloyd <king.11oyd(Zcogs.us>, "Millyard, Robin" <robin.millyard(ii`cogs.us> I understand Garfield County may be meeting with representatives from Glenwood Springs and the solid waste landfill - South Canyon to discuss administratively amending the Certificate of Designation boundary. The Division is very interested in and in support of, the change. In a perfect world the CD boundary would already encompass the entire approved landfill footprint. This isn't true at South Canyon for a variety of reasons but the City has operated in compliance by remaining inside the CD boundary but many problems have resulted because of this boundary limitation. With the purchase of the BLM land to the north, a CD boundary can be approved that does encompass the already approved landfill footprint and meets the intention of the currently approved permit. The City will provide the requested revised boundary but I wanted to be clear that approximately 40 acres seems adequate to encompass the northeast part of the permitted landfill footprint, as follows. in Section 3 SW NW SE - 10 ac NW SW SE and W1/2 NE SW SE - 15 ac SE NE SW and E1/2 SW NE SW - 15 ac the hatched area on the attached map indicates the area I have identified in this email. 1 The Division supports the requested boundary change which is not a landfill expansion or re- design but a correction, or maybe update, to the official CD boundary resolution. please call with questions or concerns. I can put this general support onto letterhead upon request. thank you Bob Peterson CDPHE-HMWMD-Solid Waste and Materials Management Program Grand Junction, Colorado 970-248-7151 bob.peterson@state.co.us Bob Peterson CDPHE-HMWMD-Solid Waste and Materials Management Program Grand Junction, Colorado 970-248-7151 bob.peterson@state.co.us 2 994 SRK' ACTIVE AREA " FOOTPRI N7" 3EC 3p--3 ,.Ipac EXNIF3IT 13" 3 iI SEPTAGGE FONDS i 4 SECTION 10 182 TADCO LEA5E A.Rf=A 1ATE F''i.',''! Certificate of Designation Procedure 30-20-103. Application for certificate (1) Any person desiring to own or operate a solid wastes disposal site and facility shall make application to the governing body having jurisdiction over the area in which such site and facility is or is proposed to be located for a certificate of designation. Such application shall be accompanied by a fee to be established by the governing body having jurisdiction, which fee shall be based on the anticipated costs that may be incurred by such governing board in the application review and approval process and shall not be refundable. The application shall set forth the location of the site and facility; the type of site and facility; the type of processing to be used, such as sanitary landfill, composting, or incineration; the hours of operation; the method of supervision; the rates to be charged, if any; and such other information as may be required by the governing body having jurisdiction over the area. The application shall also contain such engineering, geological, hydrological, and operational data as may be required by the department by rule. All such applications shall be referred to the department for review and for recommendation as to approval or disapproval, which shall be based upon criteria established by the solid and hazardous waste commission, the water quality control commission, and the air quality control commission. Such review and recommendation of an application by the department shall include a technical review of the environmental and public health issues provided in section 30-20-110 that are raised by the proposed site and facility. As a part of the department's review of an application for a solid wastes site and facility, the department shall provide a period of not less than thirty days during which members of the public may review and make comments concerning such application. (2) Upon receiving an application for a solid wastes disposal site and facility, the department shall perform an initial examination to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application. The department shall mail written notification to the applicant within such time period of the department's decision either to begin its review of such application or to reject such application because of incompleteness. (3) After the initial approval of an application pursuant to the provisions of subsection (2) of this section, the department shall determine whether it shall complete the review of the application or whether it shall offer the applicant the option of having such application reviewed by a private contractor. Such determination shall be made pursuant to the provisions of section 30-20-103.7 (1). If the department reviews such application, the department shall complete such review within one hundred fifty days after the date of issuance of its initial approval of such application. 30-20-103.5. Existing solid wastes disposal sites and facilities - application procedures Except as specified in section 30-20-109 (1.5), no existing solid wastes disposal site and facility that is operating pursuant to a valid certificate of designation shall be deemed to be in violation of any provision of this part 1 because of any failure to comply with application procedures that are enacted after the issuance of such certificate of designation. 30-20-103.7. Review of applications by private contractors (1) (2) (a) Upon issuing an initial approval of an application for a solid wastes disposal site and facility under the provisions of section 30-20-103 (2), the department shall determine whether it will be able to complete review of such application within one hundred fifty days. If the department determines that it is capable of completing the review within the required time period, it shall commence review under the provisions of section 30-20-103. If the department determines that it cannot complete the review of an application within such time period, the department shall offer the applicant the option of having such application reviewed by a private contractor within one hundred fifty days or having such application reviewed by the department. If the applicant chooses to have such application reviewed by the department, the department shall not be required to complete its review within the one -hundred -fifty -day time period. (b) A county shall not reject an application for a solid wastes disposal site and facility solely because the review of such application was performed by a private contractor under the provisions of this section. (a) The department shall maintain a register of private contractors to review applications for solid wastes disposal sites and facilities. The department is hereby authorized to contract with such private contractors pursuant to the provisions of part 14 of article 30 of title 24, C.R.S., for inclusion on such register. Any such contract shall be between the department and the private contractor. An applicant shall be responsible for the fee charged by a private contractor for the review of such applicant's application, but shall not be a party to such contract. The department shall contract with a sufficient number of private contractors to allow reassignment of an application if it is necessary to disqualify one or more private contractors because of conflicts of interest or other reasons. (b) If the department assigns an application to a private contractor under the provisions of this section, such private contractor shall provide the department and the applicant with the fee schedule of such private contractor and with an estimate of the fee to be charged for the review of such application. (c) Upon being notified of the identity of the assigned private contractor and upon receiving such private contractor's fee schedule and estimated fee, an applicant has the option to allow the application review to commence or to reject the private contractor. If such applicant rejects a private contractor, the department shall assign a second private contractor. If such applicant rejects the second private contractor, the department shall review such applicant's application, but the department shall not be required to complete such review within the one-hundred-fifty- day time period. (d) The review of an application for a solid wastes disposal site and facility by a private contractor shall be based upon the same criteria as is used by the department of public health and environment under the provisions of section 30-20-103. (e) During the review period for an application, a private contractor shall contact the applicant and the department concerning any problems such private contractor finds in such application and shall offer the applicant an opportunity to provide such materials or explanations as the private contractor determines are necessary to complete review of such application or to make necessary amendments to such application. (3) Any moneys which are collected by the department from solid wastes disposal site and facility applicants in payment for private contractor application review fees shall be transmitted to the state treasurer, who shall credit the same to the solid waste management fund created in section 30-20- 118. Such moneys collected for the fees charged by private contractors shall be annually appropriated by the general assembly to the department for the sole purpose of transferring such fees to such private contractors in payment for their services. 30-20-104. Factors to be considered (1) In considering an application for a proposed solid wastes disposal site and facility, the governing body having jurisdiction shall take into account: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided for in this part 1 and such rules and regulations as may be prescribed by the department; (d) Recommendations by county, district, or municipal public health agencies. (2) Except as provided in this part 1, designation of approved solid wastes disposal sites and facilities shall be discretionary with the governing body having jurisdiction, subject to judicial review by the district court of appropriate jurisdiction. (3) (a) 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 facility. 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. (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 facility. 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. David Pesnichak From: Tamra Allen Sent: Thursday, June 23, 2016 2:12 PM To: King Lloyd Cc: bob.peterson@state.co.us; David Pesnichak Subject: Certificate of Designation Correction Attachments: City of Glenwood Springs South Canyon Landfill - Preapp 2016.pdf King — I have finally found a chance to review the statutes as well as our internal process for the Certificate of Designation. What we would like to do is have you submit an application for correcting the CD Boundary and instead of handling this fully administratively, we would schedule a hearing with the Board for them to sign off. Please note that we did receive an email from Bob Peterson at the state who indicated that CDPHE would support a boundary correction of only a that area included within the existing permitted waste limit as shown on the 2' page of the attached summary. The attached summary outlines the steps that we anticipate you going through in order to accomplish this correction. Hypothetically, if an application were to come in by the end Wednesday of next week (June 29th) public notice could be published on July 7th and the Board could hear this at their August 8th agenda. Please note that I will be out on maternity leave for the greater part of the summer starting any day. Should I not be available, please contact Dave Pesnichak, a Senior Planner, in our office who can help you through the remainder of this process. Dave has been copied on this email and can be reached at dpesnichak@garfield-county.com Thank you, Tamra Allen, Acting Director Community Development Department Garfield County, Colorado tallen(a garfield-county.com (970)945-1377 x1630 1 J C.R.S. 30-20-110 COLORADO REVISED STATUTES *** This document reflects changes current through all laws passed at the First Regular Session of the Seventieth General Assembly of the State of Colorado (2015) *** TITLE 30. GOVERNMENT - COUNTY COUNTY POWERS AND FUNCTIONS ARTICLE 20. PUBLIC IMPROVEMENTS PART 1. SOLID WASTES DISPOSAL SITES AND FACILITIES C.R.S. 30-20-110 (2015) 30-20-110. Minimum standards (1) The rules promulgated by the solid and hazardous waste commission and implemented by the department shall contain the following minimum standards: (a) Such sites and facilities shall be located, operated, and maintained in a manner so as to control obnoxious odors and prevent rodent and insect breeding and infestation, and they shall be kept adequately covered during their use. (b) Such sites and facilities shall comply with the health laws, standards, rules, and regulations of the department, the water quality control commission, and all applicable zoning laws and ordinances. (c) No radioactive materials or materials contaminated by radioactive substances shall be disposed of in sites or facilities not specifically designated for that purpose. (d) A site and facility operated as a sanitary landfill shall provide means of finally disposing of solid wastes on land in a manner to minimize nuisance conditions such as odors, windblown debris, insects, rodents, and smoke; and shall provide compacted fill material; shall provide adequate cover with suitable material and surface drainage designed to prevent ponding and water and wind erosion and prevent water and air pollution; and, upon being filled, shall be left in a condition of orderliness and good esthetic appearance and capable of blending with the surrounding area. In the operation of such a site and facility, the solid wastes shall be distributed in the smallest area consistent with handling traffic to be unloaded; shall be placed in the most dense volume practicable using moisture and compaction or other method approved by the department; shall be fire, insect, and rodent resistant through the application of an adequate layer of inert material at regular intervals; and shall have a minimum of windblown debris which shall be collected regularly and placed into the fill. (e) Sites and facilities shall be adequately fenced so as to prevent waste material and debris from escaping therefrom, and material and debris shall not be allowed to accumulate along the fence line. (f) Solid wastes deposited at any site and facility shall not be burned, other than by incineration in accordance with a certificate of designation issued pursuant to section 30-20-105; except that, in extreme emergencies resulting in the generation of large quantities of combustible materials, authorization for burning under controlled conditions may be given by the department. (g) All facilities shall have a waste characterization plan approved by the department that is consistent with the certificate of designation for the facility. The plan shall outline screening methodologies and waste handling procedures and shall include a hazardous waste exclusion plan. (h) Material that is beneficially used shall be incorporated into the soil in the shortest time frame that is practicable, allowing for weather conditions. Materials that may be beneficially used under this section may not be stockpiled for long periods or used in such a manner that the material constitutes a public nuisance. (i) Minimum standards for facilities that do not need a certificate of designation under section 30-20-102 (5) shall include an annual report of quantities of materials managed at the site. (j) Such minimum standards shall require the reporting, documentation, or remediation of spills at illegal disposal sites, abandoned disposal sites, or contaminated sites. (2) Any provision of section 25-7-108, C.R.S., to the contrary notwithstanding, the board of county commissioners in any county with Tess than twenty-five thousand population, according to the latest federal census, and any municipality within a county which county has a population under ten thousand and subject to approval of the board of county commissioners, is authorized to develop regulations, by resolution or ordinance, permitting the noncommercial burning of trash in the unincorporated area and, if appropriate, the incorporated areas of said county; except that no permit shall be issued which shall allow the county, or municipality if appropriate, to exceed primary and secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto, or which would contribute to any other county or municipality exceeding primary or secondary ambient air quality standards as prescribed by federal laws and regulations adopted pursuant thereto. (3) As used in subsection (2) of this section, "noncommercial burning of trash" includes the burning of wood waste in wigwam wood waste burners. HISTORY: Source: L. 67: p. 761, § 10. C.R.S. 1963: § 36-23-10.L. 71: p. 344, § 11.L. 79: (3) added, p. 1059, § 8, effective June 20; (1)(f) amended and (2) added, p. 1148, § 2, effective June 29.L. 81: IP(1) amended, p. 1359, § 4, effective June 19.L. 89: (2) amended, p. 1284, § 1, effective April 12.L. 98: IP(1) amended and (1)(g) to (1)(j) added, p. 884, § 10, effective July 1.L. 2006: IP(1) amended, p. 1136, § 20, effective July 1. Cross references: For the "Colorado Air Pollution Prevention and Control Act", see article 7 of title 25; for water quality control, see article 8 of title 25. ANNOTATION Noncommercial burning may not be authorized by implication or inaction but only by regulations adopted in accordance with subsection (2) of this section. Westfall v. Town of Hugo, 851 P.2d 299 (Colo. App. 1993). Applied in City County of Denver v. Eggert, 647 P.2d 216 (Colo. 1982). Certificate of Designation Procedure 30-20-103. Application for certificate (1) Any person desiring to own or operate a solid wastes disposal site and facility shall make application to the governin having jurisdiction over the area in which such site and facility is or is proposed to be located for a certificate of designation. Such application shall be accompanied by a fee to be established by the governing body having jurisdiction, which fee shall be based on the anticipated costs that may be incurred by such governing board in the application review and approval process and shall not be refundable. The application shall set forth the location of the site and facility; the type of site and facility; the type of processing to be used, such as sanitary landfill, composting, or incineration; the hours of operation; the method of supervision; the rates to be charged, if any; and such other information as may be required by the governing body having jurisdiction over the area. The application shall also contain such engineering, geological, hydrological, and operational data as may be required by the department by rule. All such applications shall be referred to the department for review and for recommendation as to approval or disapproval, which shall be based upon criteria established by the solid and hazardous waste commission, the water quality control commission, and the air quality control commission. Such review and recommendation of an application by th •;.hall include a technical review of the environmental and public health issues provided in section 30-20-110 that are raised by the proposed site and facility. As a part of the department's review of an application for a solid wastes site and facility, theidepartment shall provide a period of not Tess than thirty days during which members of the public may review and make comments concerning such application. (2) Upon receiving an application for a solid wastes disposal site and facility, the department shall perform an initial examination to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application. The department shall mail written notification to the applicant within such time period of the department's decision either to begin its review of such application or to reject such application because of incompleteness. (3) After the initial approval of an application pursuant to the provisions of subsection (2) of this section, the department shall determine whether it shall complete the review of the application or whether it shall offer the applicant the option of having such application reviewed by a private contractor. Such determination shall be made pursuant to the provisions of section 30-20-103.7 (1). If the department reviews such application, the department shall complete such review within one hundred fifty days after the date of issuance of its initial approval of such application. 30-20-103.5. Existing solid wastes disposal sites and facilities - application procedures Except as specified in section 30-20-109 (1.5), no existing solid wastes disposal site and facility that is operating pursuant to a valid certificate of designation shall be deemed to be in violation of any day time period. (d) The review of an application for a solid wastes disposal site and facility by a private contractor shall be based upon the same criteria as is used by the department of public health and environment under the provisions of section 30-20-103. (e) During the review period for an application, a private contractor shall contact the applicant and the department concerning any problems such private contractor finds in such application and shall offer the applicant an opportunity to provide such materials or explanations as the private contractor determines are necessary to complete review of such application or to make necessary amendments to such application. (3) Any moneys which are collected by the department from solid wastes disposal site and facility applicants in payment for private contractor application review fees shall be transmitted to the state treasurer, who shall credit the same to the solid waste management fund created in section 30-20- 118. Such moneys collected for the fees charged by private contractors shall be annually appropriated by the general assembly to the department for the sole purpose of transferring such fees to such private contractors in payment for their services. 30-20-104. Factors to be considered (1) In considering an application for a proposed solid wastes disposal site and facility, the governing body having jurisdiction shall take into account: (a) The effect that the solid wastes disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions; (b) The convenience and accessibility of the solid wastes disposal site and facility to potential users; (c) The ability of the applicant to comply with the health standards and operating procedures provided for in this part 1 and such rules and regulations as may be prescribed by the department; (d) Recommendations by county, district, or municipal public health agencies. (2) Except as provided in this part 1, designation of approved solid wastes disposal sites and facilities shall be discretionary with the governing body having jurisdiction, subject to judicial review by the district court of appropriate jurisdiction. (3) (a) 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 facility. 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 da s f the hearing. 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