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EL PASO COUNTY
LAND DEVELOPMENT CODE
CHAPTER VI.
CERTIFICATE OF DESIGNATION
A. AUTHORITY,
APPLICABILITY & INTERGOVERNMENTAL RELATIONS
1.
Authority:
a.
The Solid Wastes Disposal Sites & Facilities Act, Colorado
Revised Statutes §§30-20-101 et seq.
b.
Colorado Revised Statutes §§25-15-401 et seq., "Infectious
Waste"
c.
Colorado Department of Health's "Regulations Pertaining
to Solid Waste Disposal Sites & Facilities", 6 C.C.R.
1007-2 (hereinafter referred to as "State Solid Waste Regulations").
d.
The Local Government Land Use Control Enabling Act of 1974,
Colorado Revised Statutes §§29-20-101 et seq.
e.
Sections 1008, 4004, and 4010 of the Resource Conservation and
Recovery Act of 1976 as modified by the Hazardous and Solid
Waste Amendments of 1984 (commonly referred to as "Subtitle
D of RCRA").
f.
40 C.F.R. Part 257 "Criteria for Classification of Solid
Waste Disposal Facilities and Practices" and 40 C.F.R.
Part 258 "Criteria for Municipal Solid Waste Landfills"
(hereinafter referred to as "RCRA Subtitle D Regulations").
2.
Applicability:
a.
This Chapter VI shall apply to any "Solid Wastes Disposal
Site & Facility", "Scrap Tire Recycling Facility",
"Scrap Tire Only Disposal Facility", and "Trash
(Solid Waste) Transfer Station" (hereinafter collectively
referred to as "facility"), as each is defined by
this Land Development Code and by State Statute. It also
includes a Minor Certificate of Designation process for "Inert
Material Solid Wastes Disposal Sites" and "Infectious
Waste Transfer Facility."
b.
Any other type of facility or operation involving the collection,
storage, treatment, utilization, processing or final disposal
of solid wastes, which is not expressly exempted from regulation
by State statute and which is not expressly covered by this
Chapter VI, shall not be permitted until additional regulations
specific to the type of facility or operation proposed have
been enacted by the Board of County Commissioners. This shall
not include garbage hauling trucks or businesses that are subject
to regulation under C.R.S. §30-15-401(1)(a).
3.
Interrelationship with Colorado Department of Health:
No
application for a Certificate of Designation shall be considered
complete unless and until it has received a recommendation of
approval from the Colorado Department of Health. The Board of
County Commissioners may not review any request that has been
disapproved by the Colorado Department of Health. When reviewing
an application recommended for approval by the Colorado Department
of Health, the Board retains the right to impose more stringent
technical standards and requirements upon any approval, or to
deny any application found geologically problematic or technically
deficient by the Board after further scientific or engineering
study, in accordance with the requirements and standards set forth
in this Chapter VI.
B.
ZONING -- APPLICABLE PROCEDURES & STANDARDS
1.
If the proposed facility is located within the zoned portions
of unincorporated El Paso County, then the Use Subject to Special
Review procedures and review standards and requirements of Section
2.B. and Section 35.8 of the
Land Development Code shall apply.
2.
If the proposed facility is located within the unzoned portions
of unincorporated El Paso County, requests for appropriate zoning
and Use Subject to Special Review must be submitted pursuant to
the Land Development Code in conjunction with the Certificate
of Designation request. Section 2.B.
and Section 35.8 of the Land
Development Code shall apply.
C.
CERTIFICATE OF DESIGNATION - SUBMITTAL & NOTICE
REQUIREMENTS
1.
A petition must be completed on the appropriate form. Said
petition must include signatures of the operator and owners of
all equitable and legal interest in the property site where the
facility is proposed to be located (hereinafter referred to as
"facility site") and/or the proposed facility itself.
2.
Thirty (30) copies of a map of the proposed facility site
including a certified legal description of the proposed facility
site and any buffer area that the operator or owner owns or will
own or can legally restrict land use activity upon. The map shall
be drawn to a scale suitable to show the required information
and shall include:
a.
Date of preparation, north arrow, and scale.
b.
Name and address of the proposed operator, preparer of the map,
and property owner(s).
c.
Contour intervals of not less than five (5) feet. d. Significant
features, to include, but not limited to:
(1)
Lakes, streams, drainage ways, and other topographic features.
(2) Vegetation and significant wildlife habitats.
(3) Existing and proposed land use, easements,
roads or rights-of-way, structures, disposal sites, access
points, and related facilities.
(4) Existing land uses, roads, and other major
features within one thousand five hundred (1,500) feet of
the proposed site.
3.
Reports (30 copies each) as required by the Colorado Department
of Health under the State Solid Waste Regulations including but
not limited to:
4.
Additional Reports (15 copies each) are required and consist
of the following:
a.
Recycling Plan (see subsection F.1.)
b.
Visual Impact Analysis (see Section
35.13 C.1.)
c.
Traffic Impact Analysis (see Section
35.13 C.3.)
d.
Analysis of Impacts to Sensitive or Significant Features (see
Section 35.13 C.4.)
e.
Analysis of Other Potential Impacts (see Section
35.13 C.5.)
f.
Ultimate Land Use Analysis (see Section
35.13 C.7.)
g.
Drainage and Erosion Control Plan (to be prepared in accordance
with the applicable specifications of the Colorado Springs/
El Paso County Drainage Criteria Manual and in consultation
with the County Department of Transportation. This plan must
satisfactorily address all aspects of interim and final facility
design, as applicable. At a minimum, full detailed plans are
required for the first phase of any multi-phased project.)
5.
Report Modifications
a.
For Scrap Tire Recycling Facilities or Scrap Tire-Only Disposal
Facilities the submittal requirement and reports under C.3.a.,
b., c., and e. may be waived and substituted by reports addressing
the standards as contained in Section 9 governing scrap tire
recycling facilities of the State Solid Waste Regulations.
b.
For Trash Transfer Stations, the submittal requirements and
reports under C.3.a., b., c., and e. may be waived in the event
that hydrology and water quality aspects of the operation are
adequately addressed within a submitted drainage report, or
in the event that the applicant can satisfactorily demonstrate
that the project will cause no drainage or water quality impacts.
Other reports that may be waived include those reports found
within C.4.b., d., e. and f.
c.
Prior to any complete application being submitted, a waiver
request is to be initiated by the applicant submitting a detailed
letter to the Development Services Department listing and justifying
what report requirements should be waived and stipulating what
other information would be provided instead. After notification
to and receipt of comments and recommendations from all state
and local agencies which would ordinarily review said reports
and upon review and preparation of a recommendation by the Development
Services Department, the waiver request will be presented to
the Board of County Commissioners in a regular public hearing.
The Board may grant the request, modify the report requirements,
or deny the request, as it deems appropriate.
d.
Approval of any waiver request shall not constitute a relinquishment
of the right of the Colorado Department of Health, the Development
Services Department or the Board, upon determining there is
a reasonable need, to later request specific information that
might ordinarily be included in a report that was waived.
6.
Filing Fee: To be paid to El Paso County upon submittal
of the application to the Development Services Department (See
Section 58).
In
cases where the proposed operation is of a limited scale and complexity
or duration, the applicant may request that the Board reduce the
submittal fee to that for a Minor Certificate of Designation.
In
the event that State Agencies designated by the Development Services
Department to review applications submitted under this Chapter
VI charge for such reviews, the applicant must pay such charges
prior to any hearing. The applicant may also be required to pay,
prior to any hearing, the costs incurred by the County in retaining
any contracted consultant or expert to review and analyze the
application and associated technical information. The extent and
nature of such costs should be established between the applicant
and the County prior to contracting for such services.
7.
Notice: In addition to those notice requirements contained
in Section 2.B.1.a. of the Land
Development Code, the following statutory requirements shall
be observed: Public hearing on the petition shall not be heard
until public notice has been published in a newspaper of general
circulation in the county at least ten (10) days but no more than
thirty (30) days prior to the date of the hearing. Public notice
shall contain the time and place of the hearing, state the matter
to be considered is the applicant's proposal for a Certificate
of Designation, provide a description of the facility and the
facility site, and provide a description of the geographic area
which is within three (3) miles of such proposed facility site.
In addition, notice of such public hearing shall be posted at
a conspicuous point in at least one location within the County
Office Building and in at least one location at the proposed facility
site. Such notice shall be posted for a period beginning at least
thirty (30) days before the public hearing and continuing through
the date of such hearing.
D.
GENERAL REQUIREMENTS & CONDITIONS
1.
For all Certificate of Designation requests, the following
requirements and conditions shall apply:
a.
A Certificate of Designation shall only be considered and approved
in those zone districts where the specifically applied for use
(Trash Transfer Station, Scrap Tire Recycling Facility, Tire-Only
Disposal Facility, or Solid Waste Disposal Site or Facility)
is permitted by Use Subject to Special Review.
b.
A request for Certificate of Designation will be forwarded to
the Colorado Department of Health for review based upon the
standards and criteria as outlined in the "Regulations
Pertaining to Solid Wastes Disposal Sites and Facilities".
A submittal will be deemed complete and scheduled for hearings
before the Planning Commission no less than sixty (60) days
following receipt of a final set of review comments from the
Colorado Department of Health, provided the applicant has complied
with all previous information requests and submittal requirements
of the Development Services Department and the State and County
Health Departments.
c.
The commitments and binding recommendations of the State Health
Department's review shall be adopted as minimal conditions of
approval. Other conditions may be imposed by the Board of County
Commissioners in addition to commitments and binding recommendations
of the State Health Department. A petition shall not be scheduled
for the Board of County Commissioners' hearing until all State
recommendations have been satisfied that are a condition precedent
to the approval of the Certificate of Designation.
d.
The operator or owner of the facility shall comply with the
laws, standards, rules, regulations and orders of the United
States Environmental Protection Agency, the Colorado Department
of Health, the Colorado Water Quality Control Commission, and
all applicable zoning and other laws and regulations of El Paso
County.
e.
Personnel from the El Paso County Department of Health &
Environment and County Development Services Department shall
have a right to enter this property during regular business
hours, without notice, for the purpose of inspecting for compliance
with the terms and conditions of the Certificate of Designation.
During such inspections, the County employees may take samples
of the waste, soil, air or water and analyze said samples in
order to detect the nature and concentration of any contaminants
and may test or otherwise check any environmental monitoring
equipment on site. Such inspections will be performed by County
employees in conformance with recognized health and safety procedures.
The County will allow the facility owner or operator the opportunity
to be present during any sampling activity. Upon request by
the owner or operator at the time of inspection, the County
employees will provide split or duplicate samples of materials
collected by the County. The collection and analysis of any
waste, soil, air or water samples will be performed following
standard operating procedures and quality control and quality
assurance standards.
f.
The facility shall participate in the collection of a solid
waste tipping fee to fund solid waste planning and other solid-waste-related
activities in the County as provided in the El Paso County Solid
Waste Disposal Site and Facility Fund ("Tipping Fee")
Resolution, as it may be amended from time to time.
g.
Prior to commencement of operation the Certificate of Designation
shall be publicly displayed in a prominent place at the facility.
The Certificate shall include the approved Operational Plan
and any approved plot/site plan of the facility.
h.
The facility shall be adequately fenced so as to prevent all
loose waste material and debris from escaping the property and
to provide security from unauthorized access to the facility.
Loose materials and debris shall not be allowed to accumulate
along the fence line.
i.
The facility and the facility site shall be solely owned and
operated by the applicant(s). If the applicant(s) is a corporation
or partnership, all stockholders and interest holders owning
or controlling rights in twenty percent (20%) or more of the
total interests in the corporation or partnership, along with
managing partners and corporate officers, shall be identified.
Any parent corporations or other controlling entities shall
likewise be identified. The holder(s) of any Certificate of
Designation has an ongoing duty to comply with this requirement
and to notify El Paso County as to any changes in this regard.
j.
A Certificate of Designation is personal to the specified owner
and operator of the approved facility and may not be transferred
or assigned without the consent of the Colorado Department of
Health and the Board of County Commissioners, which action may
include a review and modification of the terms and conditions
of approval for the facility in accordance with then existing
laws and regulations.
k.
Proof may be required that the applicant(s) has adequate financial
resources and/or is sufficiently capitalized and has adequate
material resources and experience (including a past record of
quality performance in solid wastes operations) to properly
operate the facility, comply with all conditions and requirements,
and satisfy all financial assurances requirements specified
in Section G. of this Chapter. In the event the Board determines
based upon evidence in the record that an applicant(s) does
not have the resources or abilities in this regard, additional
guaranties or sureties from a parent or other closely related
corporation, individual stockholder or interest holder, or other
source may be required.
l.
All activities approved for the facility shall be conducted
exclusively within the legally described boundaries of the area
for which the Certificate of Designation was issued and/or for
which the Special Use approval was granted. All structures,
operations, activities, and equipment situated or conducted
on the facility site shall be limited to those indicated in
the approved application and plot/site plan or approved amendment
thereto.
m.
The facility operator shall collect double the normal fee from
all vehicles entering the facility with unsecured loads. A load
may be secured by adequate enclosure, containerization, roping,
and/or tarping. A log of unsecured loads shall be maintained
by the operator, including date of the incident, identity of
the vehicle and its driver, and type of waste. Said log shall
be available for inspection by County staff at any time during
regular business hours of the facility.
n.
All roads providing access to and from and driveways into and
throughout the facility must be of sufficient size, structure,
and design to handle the type and level of traffic typically
associated with such a facility. The facility must be served
by all-weather roads, driveways and parking areas, all of which
must be treated or surfaced so as to prevent dust nuisances
to neighbors and any violations of fugitive dust regulations.
To the extent applicable, the El Paso County EngineeringCriteria
Manual and any adopted Access Code shall control. If any transportation
improvements are indicated, the applicant shall prepare and
execute a transportation improvements agreement, in consultation
with the appropriate federal, state and local highway authorities.
At a minimum, such an agreement shall specify the type and timing
of the needed improvements, the standards and criteria to which
the improvements must be constructed, any maintenance or future
upgrade responsibilities, and the method of financing the improvements.
o.
Any facility maintenance area for the repair or upkeep of vehicles
or heavy equipment shall be indicated on the plot/site plan.
Adequate safety and environmental protection procedures shall
be established in the Operational Plan for the storage of any
liquids other than water and for a response in the event of
a spill or leak of fuels, oils, solvents, and other hazardous
or flammable liquids. Berming, impervious surfaces and liquid
collection systems may be required. Unless otherwise approved
by the Board of County Commissioners, all heavy duty repairs
or maintenance of vehicles and heavy equipment on site involving
significant disassembling of engines or machinery shall be conducted
inside of an enclosed structure with a concrete floor.
p.
The applicant must identify all potable and nonpotable water
needs at the facility along with the likely source of the water
supplies. In particular, the applicant must demonstrate that
it can obtain regular and adequate water supplies for specified
fire needs, dust control, cleaning, and the construction and
maintenance of liners for Solid Wastes Disposal Sites and Facilities.
q.
Prior to commencement of operation of the facility, permanent
visible markers shall be placed delineating the permit area
for the approved Certificate of Designation site.
r.
Prior to commencement of operation of the facility, all required
air and water quality permits shall be obtained and copies provided
to the Development Services Department. A final determination
by the appropriate enforcement agency as to noncompliance with
any air or water quality permit by the owner or operator may
be considered as cause by the Board for revocation or suspension
of a Certificate of Designation. A determination to suspend
or revoke a Certificate of Designation shall be made by the
Board based upon the evidence in the record following appropriate
notice and during a public hearing as prescribed in Section
35.8 of the Land Development Code.
s.
The operator or owner shall prepare and submit all reports and
other information designated by the Board as necessary to monitor
the activities of the facility. All operating records shall
be made available, upon request, to the County and the Colorado
Department of Health.
t.
All criteria, specifications, standards, procedures and restrictions
included into the application documents and plans must be reasonably
sufficient to substantially alleviate or mitigate all health,
safety, environmental and land use risks and impacts that will
be or will likely be related to or caused by the operation of
the proposed facility. Any risks or impacts unique to the proposed
facility or site or that were not otherwise reasonably anticipated
may be subject to additional conditions and requirements, not
specified herein, that the Colorado Department of Health or
the Board of County Commissioners determine, based on the evidence
in the record, will effectively work to substantially alleviate
or mitigate these risks or impacts. The Board of County Commissioners
has the authority, in its own discretion, to determine what
level of evaluation of risks and impacts shall be undertaken.
u.
The facility shall be subject to and comply with all criteria,
specifications, procedures, and restrictions contained in the
Certificate of Designation application as submitted or amended
by the applicant unless said criteria, specifications, procedures,
and restrictions are inconsistent with or have been modified
by the conditions and requirements imposed by the Colorado Department
of Health or the Board of County Commissioners. As a condition
of approval, the Board of County Commissioners may require that
the applicant revise its application documents and plans to
be consistent with all conditions and requirements imposed and
to serve as a legally controlling document for the operation
of the facility.
v.
In the event that the operator ceases operations at the facility
for in excess of 180 days, the Board may demand, in writing,
that the operator resume operations by a specified date or,
if this is not possible, initiate final closure activity. Failure
by the operator to comply with this demand shall enable the
Board, after notice to the operator and the holding of a public
meeting on this matter, to undertake all necessary and prudent
actions for the closure of the facility, including the application
of funds available in any financial assurances provided by the
applicant.
w.
Sub-paragraphs d. through m. of this paragraph 1. shall apply
to all existing facilities as well as to any facilities proposed
in the future. All existing facilities shall supply the County
Development Services Department with an up-to-date Operational
Plan.
x.
Any federal or state statute, regulation or other authority
which is more restrictive or specific than those requirements
and conditions imposed under this paragraph 1. or under paragraphs
2., 3., or 4. below shall be applicable.
2.
Additional requirements and conditions for Trash Transfer Stations
shall include:
a.
Open Trash Transfer Stations shall not accept trash from commercial
haulers. Signs shall be posted at the gate or entrance indicating
this.
b.
No radioactive materials or materials contaminated by radioactive
substances shall be disposed of at any Trash Transfer Station.
Detection devices and/or procedures shall be required to assure
compliance.
c.
Unless otherwise specifically considered and approved, a Trash
Transfer Station shall receive only household, commercial and
industrial solid wastes (as these terms are defined by Part
258, RCRA Subtitle D Regulations) including construction and
demolition materials (containing no asbestos). Acceptance of
wastes involving bulk or containerized liquids, sewage or water
treatment sludge, septic tank pumpings, friable asbestos (containerized
or otherwise), small quantity generator hazardous waste (as
defined by federal regulation), infectious medical wastes, and
any other "special wastes" that are not classified
as hazardous, toxic or highly flammable by federal or state
regulation, shall not be allowed unless such disposal is deemed
appropriate by the Board of County Commissioners and expressly
approved after conformance with all applicable federal, state
and local laws and regulations. All composting, co-composting,
recycling, soil stripping, and incineration programs on site
or associated with the facility shall likewise require specific
consideration and approval.
d.
The Operational Plan shall, among other things, satisfactorily
address or provide: 1) interim storage of all solid wastes awaiting
transport to a Solid Wastes Disposal Site and Facility and all
materials to be recycled; 2) information regarding the proposed
acquisition, location, and operation of any heavy equipment
or machinery to be used in the operation; 3) the off-street
parking location of any temporarily parked trash trucks or trash
transfer vehicles; 4) all methods of cleaning the facility and
equipment; 5) a detailed building plan showing the operational
design of the facility; 6) information relating the primary
means of selling or disposing of recycled materials and the
proposed site(s) for final disposal of the residual solid wastes;
and 7) an alternative ultimate disposal plan to be carried out
in the event that the operation is not or cannot be conducted
as proposed.
e.
All buildings where solid wastes are dumped or stored or areas
where containerized solid wastes are stored shall be set back
at least one hundred (100) feet from all property lines, and
the facility site shall be fenced, landscaped and/or otherwise
buffered so as to minimize impacts upon neighboring property.
Where deemed appropriate, setback requirements may be varied.
No noncontainerized solid wastes are to be dumped or stored
in open areas.
3.
Additional requirements and conditions for Scrap Tire Recycling
Facilities and Scrap Tire Only Disposal Facilities shall include:
a.
The above-ground storage, sorting or recycling (including shredding
or splitting) of tires may be allowed at a Scrap Tire Only Disposal
Facility if these activities are outlined in the approved Operational
Plan and are clearly incidental to the primary purpose of the
operation.
b.
These facilities may only accept whole, split or shredded scrap
tires, including reusable whole tires, unless specifically approved
by the Board of County Commissioners to accept other materials.
c.
For a Scrap Tire Recycling Facility, the Operational Plan shall,
among other things, satisfactorily address or provide: 1) interim
storage of scrap tires to be recycled, including provisions
limiting sizes of individual tire piles to a height and width
that allows for sufficient fire lanes and proper control and
management as specified by the County Fire Marshal and/or the
pertinent fire protection district or company; 2) information
regarding the proposed acquisition, location, and operation
of any tire shredding machine or other heavy machinery to be
used in the tire recycling operation; 3) information regarding
the sale or disposition of tires or tire products; 4) an alternative
ultimate disposal plan to be carried out in the event that the
operation is not or cannot be conducted as proposed; and 5)
all of the operational requirements contained in or imposed
through Section 9 of the State Solid Waste Regulations.
d.
Inventory of scrap tires shall be tracked by the operator of
the facility in and out of the facility, with said inventory
including a precise correlation of quantities of the tires with
their identified source and final destination. Copies of these
reports shall be submitted to the El Paso County Development
Services Department and El Paso County Department of Health
& Environment on at least an annual basis or more frequently
if so directed by the Board of County Commissioners.
e.
The applicant or operator shall be required to provide financial
assurances adequate for conducting any corrective actions that
arise in the future and for the implementation of a closure
plan and for any necessary post-closure care for the facility.
These financial assurances shall be subject to the requirements
and conditions set out in Section G. of
this Chapter.
f.
No retail sales shall be allowed from these facilities unless
permitted by zoning and specifically designated by the Board
of County Commissioners.
g.
The stockpiling of reusable tires at either of these facilities
shall not exceed that minimally necessary for the conduct of
the applicant's tire resale business, and in no case more than
10,000 tires unless justified by the applicant and specifically
approved by the Board of County Commissioners. All such stockpiles
shall be stacked no more than six (6) feet high.
h.
For a Scrap Tire Only Disposal Facility, the Operational Plan
shall, among other things, satisfactorily address or provide:
1) all scrap tires to be landfilled shall be split, halved,
quartered or chipped and placed into individual landfilling
cells not to exceed one million tires each; 2) no more than
two (2) cells shall be operational or under construction at
any one time; 3) no more than 10,000 square feet of landfilled
tires shall be exposed to view at any one time; 4) all landfilled
tires shall be regularly covered with soil to a depth of at
least two (2) feet; and 5) all applicable operational requirements
contained in or imposed through Section 9 of the State Solid
Waste Regulations.
i.
Any surface drainage entering into or originating in either
of these facilities shall be controlled so that it does not
flow into tire disposal or storage areas, and any surface flows
leaving these areas must be minimized and controlled so as to
create no significant degradation as to water quality. Any proposed
or recommended diversion structures shall be designed to handle
a 100-year, six (6) hour precipitation event, and any proposed
or recommended storm detention facility shall be designed to
hold a one hundred (100) year, twenty-four (24) hour precipitation
event. Surface flows in any area where tire shredding activity
or shredded tire storage is occurring shall be fully retained,
and all tire-pollutants shall be removed to the maximum extent
practicable or as otherwise prescribed by federal or state law.
No tires shall be placed within any drainageway or in any cell
below groundwater level.
j.
The design and operation of these facilities shall be such as
to minimize the quantity of disturbed surface area upon the
site. All areas disturbed in the initiation of the operation
of these facilities which can be reclaimed and/or all berms,
soil piles, or completed landfill cells shall be diligently
stabilized and revegetated to blend in with the surrounding
terrain. All grading or soil disturbance activity on site shall
be conducted in a manner consistent with all federal, state
and local requirements, including those applicable to air quality.
k.
Compliance with the requirements of subparagraphs 3.i. &
j. above shall be fully and consistently reflected in the Drainage
and Erosion Control Plan and Map. The Drainage and Erosion Control
Plan shall be subject to review and comment by the El Paso County
Department of Transportation, the Colorado Geologic Survey,
and the Soil Conservation Service.
l.
No landfilling or storage of scrap tires shall occur within
any regulated floodplain under any circumstances nor within
any drainageway or wetland without the approval or other authorizing
action by the Colorado Department of Health, the Board of County
Commissioners, and any other federal, state or local agency
with authority over the use or protection of such drainageway
or wetland.
m.
Adequate heavy equipment for the purposes of suppressing a tire
fire must be kept available within the vicinity of these facilities.
An adequate quantity of fire extinguishers and other equipment
appropriate for fighting non-tire fires shall be maintained
at the facilities. The applicants shall undertake to make such
other arrangements for the fighting and prevention of fires
at the facilities, as are satisfactory to the El Paso County
Fire Marshal and the pertinent fire protection district or company.
A secondary access to the site for emergency purposes shall
be provided and designated on the plot/site plan for the facility.
Compliance with these requirements shall be fully and consistently
reflected in the Operational Plan.
n.
All surface-level tire piles shall be set back at least fifty
(50) feet from all buildings and property lines. Any excavated
cells for landfilling or storing scrap tires shall be at least
one hundred (100) feet from all buildings and property lines.
Any tire shredding or splitting equipment shall be situated
at least two hundred (200) feet from all property lines. Where
deemed appropriate, setback requirements may be varied. Fencing,
landscaping and berming shall be installed as necessary for
appropriate buffering.
4.
Additional requirements and conditions for Solid Wastes Disposal
Sites and Facilities shall include:
a.
The applicant or operator shall be required to provide financial
assurances adequate for conducting any corrective actions that
arise and for the implementation of a closure plan and for post
closure care and monitoring of the facility. These financial
assurances shall be subject to the requirements and conditions
set out in Section G. of this Chapter.
b.
No landfilling shall occur within any regulated floodplain under
any circumstances nor within any drainageway, wetland or geologic
hazard areas without the approval or other authorizing action
by the Colorado Department of Health, the Board of County Commissioners,
and any other federal, state or local agency with authority
over the use or protection of such drainageway, wetland or geologic
hazard areas.
c.
No radioactive materials or materials contaminated by radioactive
substances shall be disposed of at any Solid Waste Disposal
Site or facility not specifically approved for that purpose.
Detection devices and/or procedures shall be required to assure
compliance.
d.
Unless otherwise specifically considered and approved, a Solid
Wastes Disposal Site and Facility shall receive only household,
commercial and industrial solid wastes (as these terms are defined
by Part 258, RCRA Subtitle D Regulations) including construction
and demolition materials (containing no asbestos). Disposal
of wastes involving bulk or containerized liquids, sewage or
water treatment sludge, septic tank pumpings, asbestos (containerized
or otherwise), small quantity generator hazardous waste (as
defined by federal regulation), infectious medical wastes, and
any other "special wastes" that are not classified
as hazardous, toxic or highly flammable by federal or state
regulation, shall not be allowed unless such disposal is deemed
appropriate by the Board of County Commissioners and expressly
approved after conformance with all applicable federal, state
and local laws and regulations. All composting, co-composting,
recycling, soil stripping and incineration programs and leachate
impoundments on site or associated with the facility shall likewise
require specific consideration and approval.
e.
The application for the Certificate of Designation shall include
all information required by, along with sufficient evidence
that the facility can and will comply with all standards, criteria,
procedures, and restrictions of, Sections 2, 4 and 6 (as applicable)
of the State Solid Waste Regulations and the provisions of Part
258 of the RCRA Subtitle D Regulations, including design criteria
and groundwater and other monitoring and analysis.
f.
Any surface drainage entering into or originating in the facility
shall be controlled so that it does not flow into active or
completed landfilling areas, unless otherwise approved by the
Board of County Commissioners as part of a facility's Drainage
and Erosion Control Plan. Surface flows, coming in contact with
refuse, at the working face or otherwise, must be fully retained,
with all waste-related pollutants being removed to the maximum
extent practicable or as otherwise prescribed by federal or
state law. Any proposed or recommended diversion structures
shall be designed to handle a one hundred (100) year, six (6)
hour precipitation event, and any proposed or recommended storm
detention facility shall be designed to hold a 100-year, twenty-four
(24) hour precipitation event. All such detention facilities
and diversion structures shall be regularly tested for hazardous
or toxic contamination, as established in the approved Operational
Plan, and shall be subject to any necessary corrective action
as specified by the Colorado Department of Health and/or the
County Department of Health.
g.
Surface area disturbances within the Certificate of Designation
site shall be no more than is absolutely necessary for the effective
and efficient operation of the facility. The applicant shall
document and justify the maximum surface area to be disturbed
at any one time. Adequate erosion control measures shall be
designed and implemented to minimize soil loss from the site.
All disturbed areas that can be reclaimed shall be subject to
a diligent program of stabilization and revegetation to blend
with the surrounding terrain. All grading or soil disturbance
activity on site shall be conducted in a manner consistent with
all federal, state and local requirements, including those applicable
to air quality.
h.
Compliance with the requirements of subparagraphs 4.f. &
g. above shall be fully and consistently reflected in the Drainage
and Erosion Control Plan and Map. The Drainage and Erosion Control
Plan shall be subject to review and comment by the El Paso County
Department of Transportation, the Colorado Geologic Survey,
and the Soil Conservation Service.
i.
The Operational Plan for the facility shall require, among other
things, that: 1) a minimum of six (6) inches of cover soil or
other approved cover shall be placed over all exposed refuse
at the end of each working day; 2) the working face (area where
refuse is exposed) of the active landfilling area shall be limited,
at any given moment, to a total area of twenty-two thousand
five hundred (22,500) square feet unless a larger working face
is justified by the applicant and approved by the Board of County
Commissioners; 3) any landfilling and on-site borrowing activity
shall not be conducted outside the areas specified within the
approved plot/site plan; 4) any landfilling cells shall be constructed
and filled in the manner and sequence prescribed by the approved
application and plot/site plan; 5) the operator shall further
restrict the size of the working face, install movable fencing
downwind of the face, and implement other effective blowing
trash controls during windy periods and shall totally cease
landfilling operations during "high wind warnings",
as defined by State Solid Waste Regulations; 6) the operator
shall remove all blown litter on site and within a mile downwind
of the facility within 48 hours following a high wind warning,
as defined by State Solid Waste Regulations, or other defined
period of sustained wind, as approved by the Board of County
Commissioners in the Operational Plan; and 7) an adequate waste
screening process and training program will be implemented for
the detection and prevention of disposal of regulated hazardous
and toxic wastes.
j.
Adequate heavy equipment for the purposes of suppressing a landfill
fire shall be maintained at the facility. An adequate quantity
of fire extinguishers and other equipment appropriate for fighting
non-landfill fires shall be maintained at the facility. The
applicants shall undertake to make such other arrangements for
the fighting and prevention of fires at the facility, as are
satisfactory to the El Paso County Fire Marshal and the pertinent
fire protection district or company. A secondary access to the
site for emergency purposes shall be provided and designated
on the plot/ site plan for the facility. Compliance with these
requirements shall be fully and consistently reflected in the
Operational Plan. k. Any excavated cells for landfilling shall
be at least one hundred (100) feet from all buildings and property
lines. Where deemed appropriate, setback requirements may be
varied. Fencing, landscaping and berming shall be installed
as necessary for appropriate buffering.
E.
STANDARDS OF REVIEW & FINDINGS
In
addition to the Special Review standards found in Section
35.8, the applicant for a facility under this Chapter VI shall
demonstrate the following to the satisfaction of the Board of County
Commissioners. It is the applicant's responsibility to provide information
necessary to evaluate the standards. The Board of County Commissioners
shall make its decision to approve or disapprove the proposed facility,
and shall make specific findings, based upon the following standards:
1.
The following standards shall apply to all requests for a
Certificate of Designation (including Minor Certificates of Designation,
as applicable):
a.
Adverse impacts to surrounding properties from blowing trash,
odors, vectors, noise, lights, and surface water flows caused
by the operation of the facility will be minimized by adequate
operational controls and/or by the existence or acquisition
of an adequate buffer.
b.
The submitted operational plan identifies procedures and provisions
which adequately assure that the facility will be operated in
a safe and environmentally acceptable manner and will cause
minimal negative impacts.
1)
Hours and methods of operation will be compatible with the
neighboring land uses.
2)
Adequate waste screening measures recognized by the industry
and federal government will be implemented to assure proper
identification, isolation and removal of unauthorized wastes
or materials and prevent unauthorized activity.
3)
Adequate methods will be available to contain and dispose
of all liquids associated with the operation in an acceptable
manner.
4)
Fire protection and emergency response plans will be adequate
for the type of facility proposed.
5)
Fencing and other site security and trash retention will be
adequate for the type of facility proposed.
6)
Other requirements and conditions for operational plans contained
in Sections D. above and F. below have been fully addressed
and will be complied with by the applicant.
c.
The owner or operator incorporates recycling goals, either on-site
or off-site, which will result in a notable reduction in the
waste stream.
d.
The facility is so designed that it can be operated in a manner
which will minimize traffic, storage, fire fighting, safety
and other site-related problems.
e.
The facility will not be located where natural or man-made hazard
or conditions will cause undue conflicts or environmental problems.
f.
Adequate water supplies will be available for drinking, fire
protection, showers, sanitary and cleaning purposes, landscaping,
dust suppression, reclamation, and general operation.
g.
Adequate provisions have been made to address either anticipated
or unanticipated closure or abandonment of the facility.
h.
Drainage and erosion control measures will be adequate.
i.
The facility will be reasonably convenient and accessible to
the using public.
j.
The applicant can demonstrate the ability and willingness to
comply with the environmental and health standards and operating
procedures provided under the "Solid Wastes Disposal Sites
and Facilities Act," C.R.S. Section 30-20-101 et seq.,
and the State Solid Waste Regulations.
k.
The applicant can demonstrate the ability to provide the financial
and material resources and experience (including a past record
of quality performance in solid wastes operations) necessary
to properly operate the facility, comply with all imposed conditions
and requirements, and satisfy all financial assurances requirements
specified in Section G. of this Chapter.
l.
The facility is presently or will, within a reasonably foreseeable
future period of time, be needed to accommodate the waste management
needs of the area it is intended to serve and/or to provide
healthy competition in the regional solid waste management market.
m.
The facility is proposed to be located where, based upon existing
and projected urban growth patterns and the type of facility
proposed, it will have a reasonably compatible and/or harmonious
relationship with surrounding property development.
2.
In addition to the above standards, the following standards shall
also apply to a Trash Transfer Station:
a.
Open (non-enclosed) facility:
1)
Adequate measures implemented to assure that the facility
is used by small-scale solid wastes generators (i.e., to prohibit
use by commercial garbage haulers and major wastes generators).
2)
Trash bins will be removed in a reasonable time to prevent
problems associated with odors and vectors.
b.
Both open and enclosed (building) facilities:
1)
The facility is designed to make it as efficient and effective
as possible and to assure that any recycling or other component
programs are properly integrated into the facility.
2)
The proposed location of the facility, in relationship to
the community areas to be served by it and the location of
the landfill which will be receiving its solid wastes, will
adequately serve the needs of El Paso County.
3)
The prospects of air, soil and water contamination, along
with other potential health and environmental impacts, both
on- and off-site, have been satisfactorily addressed and minimized.
3.
In addition to the standards noted in item
E.1., the following standards shall also apply to a Scrap
Tire Recycling Facility:
a.
Measures will be incorporated into the design of the request
to adequate reduce the spreading of any potential tire fires.
b.
The quantity of tires stored above-ground on site will not exceed
that amount necessary for the effective conduct of business.
c.
Adequate measures have been taken to visually screen the operation
from surrounding properties and nearby roads.
4.
In addition to the standards noted in item
E.1., the following standards shall also apply to a Solid
Wastes Disposal Site and Facility:
a.
All aspects of the operation and the interim and final grading
plans are visually compatible with surrounding land uses and
topography.
b.
The operation will not substantially disturb uniquely sensitive
environmental features including wetlands, riparian habitats,
other critical wildlife habitats, and rare or unusual natural
features.
c.
The operation will not substantially disturb identified historical,
archaeological and paleontological sites.
d.
The geology of the facility site and design of the facility
is such that the prospects of contamination of area surface
water or groundwater supplies by leachate and other pollutants
migrating from the facility are reasonably remote. The Board
of County Commissioners has the authority to evaluate the risks
of such contamination, in part, based upon a comparison with
existing or proposed sites for facilities and other available
sites in or near El Paso County.
e.
The geology of the facility site and design of the facility
is such that the prospects for interference with surface water
or groundwater flow patterns which may impair vested water rights
are reasonably remote. The Board of County Commissioners has
the authority to evaluate the risks of such disruption, in part,
based upon a comparison with existing or proposed sites for
facilities and other available sites in or near El Paso County.
f.
The applicant can demonstrate the ability and willingness to
comply with the environmental and health standards and operating
procedures provided under RCRA Subtitle D Regulations.
F.
REPORT/PLAN GUIDELINES
1.
Recycling Plan including, but not limited to:
a.
Items to be recycled may include but not be limited to: glass,
plastic, paper, cardboard, aluminum and other metals, tires,
oil and batteries.
b.
Detail of recycling process, beginning with initial disposition
at the facility to final recovery point.
c.
Conceptual floor plan outlining process.
d.
Methods of recycling (mechanical vs. non-mechanical). If mechanical,
list number and type of equipment.
e.
Number of employees and work stations of employees.
f.
Storage and disposition of recycled products.
g.
Estimate of quantities/volumes of recycled products.
2.
The Operational Plans for all facilities shall address or
provide, at a minimum, the following, to the extent applicable:
Name, address, and work telephone number of the on-site operator(s)
and a brief description of his or her qualifications and responsibilities
for the management and safe operation of the facility;
Days and hours of operation;
Tipping fee schedule, to be updated as needed;
List of all equipment on site along with number and job descriptions
of personnel on site;
Any provision for a small (non-commercial) vehicle tipping area
and/or recycling center;
Depiction of the proposed sign at the facility entrance identifying
the wastes the facility can and cannot accept, the hours of
operation, business and emergency telephone numbers, the posted
location of the Certificate of Designation, the Operational
Plan and the Plot/Site Plan, and any other pertinent information;
Record-keeping and reporting practices, acceptable to the Colorado
Department of Health and El Paso County;
Safety and access control, including fencing, road and driveway
maintenance, vehicular inspections, control of public activity,
locked gates, etc., acceptable to El Paso County;
Drinking water and sanitary provisions, acceptable to the El
Paso County Department of Health & Environment;
Any
provision for showers and dressing room and similar facilities
for employees;
Control of nuisance situations, including regular policing of
litter in and around the facility and controls in relation to
high winds, unsecured loads, vectors (insects, rodents, etc.),
odor, dust, noise, lights, illegal dumping and minor fire, acceptable
to El Paso County;
Contingency plan to be followed in the event of essential equipment
(compactor, bailer, tire shredder, etc.) breakdown, including
prospect of temporary closure;
Waste screening, including procedures and practices, recognized
by the industry and federal government, for hazardous, radioactive
and explosive wastes identification and/or detection and for
isolation and removal along with requirements for a certified
or El Paso County Department of Health & Environment approved
instructional program for employees for handling hazardous,
radioactive and explosive wastes situations and establishment
of proper notification and reporting procedures to appropriate
federal, state and local agencies;
Contingency plan for short-term and long-term closure in the
event of a hazardous, radioactive, explosive wastes or other
emergency;
Storage standards and spill response procedures for fluids such
as oil, gasoline, and solvents used at or received by the facility,
acceptable to the Sheriff's Office, local fire district or company,
and the Colorado Department of Health and El Paso County Department
of Health & Environment;
Fire control and emergency response procedures and training,
including the handling of hot loads delivered to the site, fires
originating within a building, any tire piles or landfill area,
etc. Said procedure is to indicate specific provisions to control
fires (utilization of specific fire departments, on-site water
trucks, etc.), acceptable to the County Fire Marshal and the
local fire district or company;
Medical response capabilities, including on-site first aid and
availability of ambulance service, for employees, trash haulers,
and customers;
Methods of monitoring and abating potentially explosive gasses
and subsequent recording and reporting, acceptable to the Colorado
Department of Health and El Paso County;
Methods and procedures for monitoring groundwater quality and
subsequent recording and reporting, acceptable to the Colorado
Department of Health and El Paso County;
Methods by which liquids, including leachate, associated with
the facility will be monitored, captured and properly disposed
along with subsequent recording and reporting, acceptable to
the Colorado Department of Health and El Paso County;
Procedures for conducting and reporting any studies, tests and
inspections, including the quality assurance and quality control
program, required by the Colorado Department of Health and El
Paso County;
Inclusion of any other provisions in compliance with the conditions
and requirements of Section D. above;
Inclusion of any other provisions in compliance with any operational
requirements mandated by federal or state law or regulation
or local requirements; and
Other elements, components and procedures which may be unique
to the type of facility proposed.
G.
FINANCIAL ASSURANCES - Entire paragraph was deleted on December
23, 2004.
H.
REVIEW PROCESS FOR INERT MATERIAL SOLID WASTES DISPOSAL SITES
1.
Minor Certificate of Designation. Any person desiring to operate
an Inert Material Solid Wastes Disposal Site shall make application
for a Minor Certificate of Designation to El Paso County. Disposal
of such "inert material" at any approved site shall
be limited to earth, sand, gravel, rock, hardened concrete, masonry,
asphalt paving fragments, scrap lumber and plywood, drywall, shingles,
and other demolition or construction wastes approved through this
review process. It does not include, among other things, asbestos
or anything containing hazardous or toxic wastes or materials,
yard clippings or other such organic wastes, scrap tires, junked
vehicles, sludge or industrial wastes or by-products, or petroleum
or other contaminated soil.
2.
Exception. Any site at which inert materials are brought from
off-site and disposed shall be regarded as an Inert Material Solid
Wastes Disposal Site and require a Minor Certificate of Designation
in accordance with these provisions, unless:
a.
the only inert material being disposed of is earth, sand, gravel,
rock, hardened concrete, or masonry; and
b.
the disposal site is being filled, with the knowledge and consent
of the landowner, for the primary purpose of leveling, raising,
or otherwise preparing land for road or building construction
or other permitted land use that requires a leveled, raised,
or prepared surface; and
c.
the total amount of inert material to be placed on the site
is less than one hundred thousand (100,000) cubic yards and
covers ten (10) acres or less of land, and the disposal site
is not adjacent to another property which was filled pursuant
to this exception during the past eighteen (18) months; and
d.
the filling operation, including compacting and leveling of
all disposed material, covering with at least six inches of
soil, and revegetating and/or commencing of road or building
construction, will be completed within twelve (12) months of
initial disposal activity.
Any
filling operation that qualifies as an exception under this
provision must, nonetheless, satisfy all other federal, state,
and local regulations and requirements, including those pertaining
to floodplains and floodways, wetlands preservation, water quality
protection, and dust and erosion control. The owner or lessee
of any property where a filling operation is occurring and the
person(s) conducting the filling operation are responsible for
seeing that, and, upon inquiry by a County representative, bears
the burden of showing that, the above restrictions and requirements
are or will be complied with or, if this is not possible, that
a Minor Certificate of Designation will be applied for before
any disposal activity occurs.
3.
Requirements, Conditions and Standards. Any applicant for
an Inert Material Solid Wastes Disposal Site shall be required
to comply with the procedures, requirements, conditions and standards
of Sections A., B.,
C., D.1., and E.1.
of this Chapter VI, with the following modifications:
a.
All applications must specify what types of inert materials
are proposed to be disposed at the proposed site. This list
is subject to review and approval by the Board of County Commissioners.
b.
Report requirements contained in C.3.a., b., c. & e. and
C.4.a. are waived; however, appropriate geological, hydrological,
and engineering information may be required, when considered
necessary. Operational data requirements will be limited to
those necessary to minimize any land use compatibility concerns,
to assure that adequate services exist on site, and to make
certain that the disposal site accepts no other materials than
those authorized. A satisfactory reclamation plan, including
sufficient evidence of ability and intent to complete said plan
upon closure, shall be submitted with the application.
c.
Filing fee for a Minor Certificate of Designation shall be as
established in Section 58 of the
Land Development Code.
d.
Inert Material Solid Wastes Sites are allowed as a Use Subject
to Special Review in any zone district.
e.
Any application for a Minor Certificate of Designation for an
Inert Material Solid Wastes Disposal Site will be forwarded
to the Colorado Department of Health with a request that its
review be completed by that agency within forty-five (45) days.
Failure by that agency to respond within the specified time
period shall be deemed an approval; however, the Board of County
Commissioners retains the right to impose any technical requirements
it considers appropriate in order to reasonably protect the
environment and the public health and safety. Upon receiving
comments from the Colorado Health Department or the passage
of 45 days, whichever is sooner, the submittal will be deemed
complete and scheduled for hearing before the Planning Commission
within thirty (30) days, provided the applicant has complied
with all previous information requests and submittal requirements
of the Development Services Department.
f.
No solid waste tipping fee will be charged by the County.
g.
No Inert Material Solid Wastes Disposal Site shall be located
in or immediately adjacent to a floodplain or floodway, unless
all required floodplain development permits and/or Section 404
permits have been obtained. Any proposed inert material disposal
that will likely have a significant negative impact upon water
quality or drainage flow patterns will be regarded disfavorably.
h.
An Inert Material Solid Wastes Disposal Site must be designed
such that no significant excavation is needed to create room
for the disposed materials and such that there is not a "mound"
of disposed material that creates a significant grade and height
difference with the surrounding terrain, unless the ultimate,
zoning-allowed use of the property would establish a need for
such a mound. A plot/site plan detailing the size, configuration,
and final reclamation and use of the Disposal Site must be submitted
to the Development Services Department with the application.
i.
The existence of the Inert Material Solid Wastes Disposal Site
is duly noted on the title of the property where it is located
and recorded with the County Clerk and Recorder's Office prior
to the commencement of dumping activity.
j.
In addition to the applicable standards included in E.1.,
the following standard shall apply:
1)
The proposed Inert Material Solid Wastes Disposal Site is
reasonably compatible with the uses allowed in the underlying
zone district.
I.
REVIEW PROCESS FOR INFECTIOUS WASTE FACILITIES
1.
Infectious Waste Transfer Facility
a.
Minor Certificate of Designation. Any person desiring to operate
an Infectious Waste Transfer Facility shall make application
to El Paso County for a Minor Certificate of Designation.
b.
Limitations. Infectious Waste Transfer Facilities shall be limited
to the receipt, storage and transfer of contained infectious
waste only. No treatment or processing of infectious waste shall
be permitted. Non-incidental solid waste functions which are
not related to infectious waste transfer shall require express
approval by the Board of County Commissioners.
c.
Exceptions.
1)
Pursuant to C.R.S. 25-15-404 and 406, an Infectious Waste
Transfer Facility Certificate of Designation shall not be
required if all wastes which will be handled have been adequately
rendered noninfectious prior to acceptance.
2)
On-site, occasional and household generators are exempted
from these requirements as provided by to Section 13.2 of
the Colorado Department of Health's Solid Waste Regulations
and C.R.S.25-115-404.
d.
Requirements, Conditions and Standards. Any applicant for an
Infectious Waste Transfer Facility shall comply with the procedures,
requirements, conditions and standards of Sections A., B., C.,
D.1. and D.2. and E.1. and E.2. of this Chapter VI with the
following modifications:
1)
The application shall specifically be processed in accordance
with and maintain compliance with applicable portions of Section
13, "Infectious Wastes Disposal" of the State Solid
Waste Regulations.
2)
All applications must specify what general types of infectious
wastes shall be accepted at the facility. This list is subject
to review and approval by the Board of County Commissioners.
3)
All applications and Operational Plans must specifically identify
the proposed treatment and/or final disposal facility(ies)
to which the wastes will be transferred.
4)
Report requirements contained in C.3.a., b., c., e. are waived.
Operational data requirements shall be limited to those necessary
to minimize any land use concerns, to assure that adequate
services exist on site, to adequately address all health,
safety and security concerns, and to make certain that the
disposal site accepts no other materials than those authorized.
Report
requirements contained in C.4.a., b., d., e., f., and g. are
waived.
5)
Filing fee for a Minor Certificate of Designation shall be
as estab-lished in Chapter V, Section 58 of the Land Development
Code.
6)
Infectious Waste Transfer Facilities are allowed as a Use
Subject to Special Review in the PHID (Planned Heavy Industrial)
and PID (Planned Industrial) Districts.
7)
No solid waste tipping fee will be charged by El Paso County.
8)
In addition to the applicable requirements in D.1. and D.2.,
the following requirements shall apply:
a)
The facility shall be set back a minimum of two hundred
(200) feet from the boundary of the nearest zone which permits
residential uses.
b)
Fencing, signage, lighting and other security measures shall
be sufficient to preclude unauthorized access and disposal.
c)
The facility shall not be open to the general public, and
an updated list of all customers using the facility shall
be main-tained by the operator.
d)
Transport, storage, handling and manifesting of infectious
wastes shall be in accordance with Sections 13.7.5 and 13.8
of the State Solid Wastes Regulations except as more stringent
requirements may be provided for in these local regulations.
e)
A back-up power supply shall be provided for refrigeration
and a contingency plan shall be prepared to address refrigera-tion
or other failures.
f)
Daily inspection records must be maintained and made available
pursuant to Section 13.7.7 of the State Solid Waste Regulations.
g)
Spill incident reports required in Section 13.8.5 of the
State Solid Waste Regulations shall also be provided to
the El Paso County Department of Health & Environment.
h)
Trucks or other storage facilities shall not be washed prior
to adequate disinfection and then only when adequate sewage
disposal systems are available.
i)
Mobile storage units which contain transferred infectious
waste shall not be temporarily stored at non-designated
sites within El Paso County except under emergency condi-tions
as defined in the facility's Operational Plan.
9)
In addition to the applicable standards in E.1. and E.2., the
following standards shall apply:
a)
Primary and back-up power supplies are adequate.
b)
Refrigeration failure and other incident response plans are
adequate.
c)
Adequate and properly trained personnel will be available.
d)
Access to the facility will be sufficiently controlled to
preclude unauthorized access and disposal at all times.
e)
Facility capacity and/or contingency plans are adequate to
address weather-related and other ordinarily anticipated disruptions
in transportation to final treatment or disposal sites.
f)
Radiological and hazardous waste detection and/or screening
procedures are adequate.
J.
ADDITIONAL BASES FOR DENIAL, MODIFICATIONS, SUSPENSION OR REVOCATION
This
section shall be applicable to any type of facility, existing or
that is proposed in the future, subject to Certificate of Designation
approval or Minor Certificate of Designation approval.
1.
Failure to comply with any terms or conditions of approval
or with the applicable requirements and conditions of this Chapter
VI or the State Solid Waste Regula-tions may result in reconsideration
of a Certificate of Designation by the Board of County Commissioners.
Reconsideration, following appropriate notice and during public
hearing as prescribed by Section 35.8 of the Land Development
Code, may result in the modifica-tion, suspension, or revocation
of the Certificate. El Paso County re-serves the right to pursue
any other remedies and enforcement means provided in its Land
Development Code or by law.
2.
Above and beyond any other bases or grounds provided in this Chapter
VI for denying, suspending or revoking a Certificate of
Designation, an application for a Certificate of Designation may
be denied, or an issued Certificate of Designation may be suspended
or revoked, upon the Board of County Commissioners reasonably
determining that it has significant and convincing evidence that
an applicant or Certificate holder or any entity associated with
the applicant required to be identified by paragraph D.1.i. of
this Chapter VI have:
a.
intentionally misrepresented or knowingly failed to disclose
any material fact in the application for or amendment of, or
in a public hearing regarding, a Certificate or in any reporting
documents submitted as part of the operational requirements;
or
b.
intentionally misrepresented or concealed any material fact
pertaining to its financial and/or material resources, its ability
to provide and sustain financial assurances, its experience
and record in solid wastes operations, or other pertinent information
regarding its corporate or partnership structure; or
c.
exhibited a repeated history of willful disregard and violation
of federal, state or local laws or regulations pertaining to
solid wastes operations, hazardous or toxic materials or wastes
operations, or related environ-mental or health laws; or
d.
been convicted of a felony by final judgment within the five
years immediately preceding the date of submission of the Certificate
applica-tion or at any time following issuance of the Certificate,
in any court for any crime defined by state or federal statutes
as involving restraint of trade, price-fixing, antitrust, bribery,
fraud or business-related racketeering; or
e.
had any Certificate of Designation or similar permit revoked
or permanently suspended by any federal, state or local authority
for cause related to environmental or health noncompliance or
criminal acts.
In
deciding whether to deny, suspend, or revoke a certificate under
this Subsection 2, the Board of County Commissioners shall consider
the relevant facts and mitigating circum-stances surrounding the
foregoing including:
a.
the relevance of the offense to the nature of the business for
which the Certificate of Designation has been or will be issued;
b.
the nature and seriousness of the offense;
c.
the circumstances under which the offense occurred;
d.
the date of the offense; and
e.
the ownership and management in place at the time of the offense
and any subsequent changes thereto.
Prior
to the Board taking any action, the applicant or Certificate
Holder shall have a right to present and address any such mitigating
circumstances and to submit evidence of rehabilitation and measures
taken to prevent recurrence of the unlawful activity. The Board's
action shall only be taken following appropriate notice and
during a public hearing as prescribed by Section 35.8 of the
Land Development Code.
3.
The Board of County Commissioners retains the right to review
and modify any Certificate of Designation as to its consistency
with all applicable local, state, and federal laws and regulations
pertaining to the protection of the environment and public health
and safety. This would include the Resource Conservation and Recovery
Act's Subtitle D Regulations for municipal solid waste landfills.
K.
ADMINISTRATIVE MODIFICATIONS TO OPERATIONAL AND
DRAINAGE AND EROSION CONTROL PLANS
1.
Purpose:
To
allow for modifications to be administratively approved by the
El Paso County Development Services Director or his/her designated
representative for operational documents governing any facilities
included under this Chapter VI in cases where the modifications
are clearly of a minor nature and do not contravene the intent
of the Certificate of Designation as approved by the Board of
County Commis-sioners.
2.
Limitations:
This
process shall be applied only to proposed modifications to the
Operational and Drainage and Erosion Control Plans prepared in
conformance with Sections D.4.e. and F.2. of this Chapter.
3.
Exclusions:
Modifications
specifically excluded from this process include the following:
a.
Provisions which are to be subsequently added to the Certificate
of Designation and which are required to satisfy any applicable
Federal, State or local statute or regulations including the
specific requirements outlined in Section D of this Chapter.
b.
Modifications which could be considered to modify or conflict
with any conditions or notations specifically imposed by the
Board of County Com-missioners upon the approved Certificate
of Designation or any agreement entered with the Board of County
Commissioners.
c.
Any large combination and/or comprehensive set of modifications,
even in cases where the changes would be considered minor when
considered separately.
d.
Any other modifications, which in the discretion of the Development
Services Director or his/her designated representative, should
be considered by the Board of County Commissioners.
e.
Major and/or categorical changes to waste acceptance allowances
and procedures. f. Modifications to facility engineering design
and monitoring systems, unless these are entirely non-mandated
and preventive in nature.
4.
Examples: Modifications which might be allowable under this
procedure include but are not limited to the following:
a.
Substitutions of personnel, equipment, plans or procedures (see
Section F.2).
b.
Minor changes to operating hours or rates.
c.
Minor non-categorical changes to waste acceptance allowances
and pro-cedures.
d.
Certain non-mandated, preventive procedures and features designed
to mitigate impacts of the operation, rather than enlarge its
scope.
5.
Procedures:
a.
The applicant shall submit the proposed modification(s) in writing,
with specific references to current text, to the Development
Services Department in a number prescribed by the Department.
Justification for, and applicability of, the proposed modification(s)
should be clearly stated.
b.
Posting and notification may be undertaken if deemed appropriate.
c.
The Development Services Department will refer the proposed
modification(s) to all appropriate agencies, organizations and
individuals to include the following at a minimum:
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