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Home My WebLink About08337ORDINANCE NO. 8337 AN ORDINANCE APPROVING WITH CONDITIONS A CERTIFICATE OF DESIGNATION FOR ON-SITE DISPOSAL OF POWER PLANT WASTE IN AN EVAPORATION IMPOUNDMENT AT 4000 N. 27TH LANE, PUEBLO, COLORADO WHEREAS, on or about August 11, 2010, Black Hills Corporation submitted its Evaporation Pond Solid Waste Disposal Permit Application for Certificate of Designation, for th its Pueblo Airport Generation Station, 4000 N. 27 Lane, Pueblo, Colorado; and WHEREAS, the Application seeks a new Certificate of Designation (“COD”) as required by Section 4-12-2 of the Pueblo Municipal Code, which is therefore subject to the provisions of Chapter 12 of Title IV of the Pueblo Municipal Code and Part 1 of Article 20 of Title 30, Colorado Revised Statutes (2010); and WHEREAS, the Application has been revised by Applicant by re-filing of same under date of February, 2011(Rev.1); and WHEREAS, the Application as revised seeks approval of the proposed COD facility upon property described as: A parcel of land, located in the SW ¼ of Section 11, Township 20 South, th Range 64 West of the 6 P.M., County of Pueblo, State of Colorado, with all the bearings contained herein based upon a bearing of N89°08’58”E, as measured between the W ¼ of said Section 11, being marked on the ground by an original axle, found in place, and C ¼ of said Section 11, being marked on the ground by a 2 ½” aluminum cap on #6 rebar, PLS 36061, found in place, said parcel being more particularly described as follows: Beginning at said C ¼ of Section 11; thence along the North-South centerline of said Section 11, S00°30’09”E, a distance of 575.57 feet, to a point on said North-South centerline, from where the S ¼ of said Section 11, being marked on the ground by a 3 1/4” aluminum cap on #6 rebar, PLS 36061, found in place, bears S00°30’09”E, a distance of 2080.53 feet; thence 575.57 feet offset and parallel to the East-West centerline of said Section 11, S88°08’58”W, a distance of 1943.34 feet; thence 1943.34 feet offset and parallel to said North-South centerline, N00°30’09”W, a distance of 575.57 feet, to a point on said East-West centerline, from where said W ¼ bears S88°08’58”W, a distance of 803.26 feet; thence along said East-West centerline, N88°08’58”E, a distance of 1943.34 feet, to the point of beginning. Said parcel contains 25.677 acres, more or less. hereafter referred to as the “Site,” and WHEREAS, the Application, as revised, has been reviewed by the Colorado Department of Public Health and Environment (“CDPHE”) and on March 2, 2011 was conditionally recommended by CDPHE for approval by the City Council of Pueblo; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A public hearing to consider the adoption of this Ordinance, approving with conditions a Certificate of Designation for on-site disposal of non-recoverable process and cooling wastewater from a new electric power generating station, and some treated sanitary waste, to an onsite two-cell evaporation pond (the “Waste Impoundment”) at the Site, shall be held in the Council Chambers, Interim City Hall, 301 W. B Street, Pueblo, Colorado, at th 7:00 p.m. on the 25 day of April, 2011. The City Clerk is directed to publish notice of such hearing pursuant to Section 30-20-104(3)(a), C.R.S., in a newspaper having general circulation in the City at least ten (10) but not more than thirty (30) days prior to the date of the hearing. In addition, the City Clerk is directed to post such notice in a conspicuous location in the Pueblo Municipal Justice Center (Municipal Court side) , 200 S. Main Street, Pueblo, Colorado 81003, and in at least one conspicuous location at the Site which is visible to the public. Posting shall be for not less than thirty days before said public hearing and shall continue through the date of such hearing. SECTION 2. Upon consideration of the Application submitted by Black Hill Corporation for issuance of a Certificate of Designation for the Site, the Completeness Review Letter from CDPHE dated September 9, 2010 and the Final Agency Action, Recommendation for Approval Letter of CDPHE dated March 2, 2011, the City’s applicable zoning and land use restrictions, and all of the testimony and evidence submitted at the public hearing thereon, the City Council finds and determines as follows: 1. The Application for the Certificate of Designation, as revised (hereinafter referred to as the “Application”) submitted by Black Hills Corporation (hereinafter “Applicant”) consists of all of the following documents as component parts thereof: A. Letter dated February 25, 2011 from Jason Hartman, Engineering Manager, Black Hills Corporation to Gina Dutcher, City Clerk. B. Evaporation Pond Solid Waste Disposal Application for Black Hills Corporation, 400 MW Pueblo Airport Generating Station (PAGS), Northeast of Pueblo, Colorado, prepared by Black & Veatch, Inc. dated February 2011( Rev. 1) including the complete application, and all figures, tables, maps and Appendices thereto (the “Design and Operations Plan”). C. All revisions to the Application approved by CDPHE prior to date of hearing. 2. The Application seeks to allow on-site disposal of non-recoverable process and cooling wastewater from a new electric power generating station, and some treated sanitary waste, to an onsite two-cell evaporation pond, as well as closure and monitoring. The legal description of the Site is contained in the Application and set forth in the Recitals of this Ordinance. The Site is located in the northeast part of the City of Pueblo, northwest from Pueblo Memorial Airport. 3. CDPHE has reviewed the Application as revised and submitted a letter of Final Agency Action dated March 2, 2011 (“CDPHE Approval Letter”) recommending approval of the Application subject to, inter alia, Applicant’s compliance with the conditions set forth in said CDPHE Approval Letter, approval by the City of Pueblo, and imposition of any local conditions required by the City. 4. The proposed COD will not adversely affect surrounding property, taking into consideration the Design and Operations Plan, proposed activities, surrounding property uses and values, and wind and climatic conditions. The proposed COD is consistent with the land use and zoning ordinances of the City. 5. The proposed COD will not affect the convenience and accessibility of other solid wastes disposal sites and facilities to potential users. 6. Applicant is able to comply with the health standards and operating procedures provided for in Part 1 of Article 20 of Title 30, Colorado Revised Statutes and applicable rules and regulations of CDPHE. 7. The Pueblo City-County Health Department has recommended approval of the Application. 8. No Other Comments were Received by the Published Deadline. 9. A duly noticed public hearing has been held in accordance with Section 30- 20-104(3), C.R.S. and Council has considered all testimony provided at such hearing, including, without limitation, testimony from governmental entities, persons residing within the City and persons residing within three miles of the Site. 10. Approval of the Application will have no effect upon competition in the Pueblo area for solid waste disposal services; approval will result in disposal of power plant waste in an environmentally sound manner. 11. Approval of the Application, subject to the conditions and requirements set forth in the CDPHE Approval Letter, is in the best interest of the public. SECTION 3. Based upon the Council findings set forth in Section 2 of this Ordinance, Council orders as follows: 1. The Application for a COD for the Site, as set forth in the Application and the Design and Operations Plan, subject to Applicant’s acceptance and performance of, at Applicant’s sole expense, the conditions and requirements set forth in the CDPHE Approval Letter, a true copy of which is incorporated herein by reference, be and is hereby approved as the Certificate of Designation for the Solid Waste Disposal Site. 2. Application fees established by City have been paid pursuant to the provisions of Section 4-12-3 of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: March 28, 2011 BY: Leroy Garcia COUNCILPERSON PASSED AND APPROVED: April 25, 2011 Background Paper for Proposed ORDINANCE DATE:MARCH 28, 2011AGENDA ITEM # R-1 DEPARTMENT:LAW DEPARTMENT THOMAS J. FLORCZAK, CITY ATTORNEY PLANNING & COMMUNITY DEVELOPMENT DEPARTMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING WITH CONDITIONS A CERTIFICATE OF DESIGNATION FOR ON-SITE DISPOSAL OF POWER PLANT WASTE IN AN EVAPORATION IMPOUNDMENT AT 4000 N. 27TH LANE, PUEBLO, COLORADO ISSUE Should City Council approve Black Hills Corporation’s ("Black Hills") application for a Certificate of Designation ("COD") to allow the on-site disposal of process and cooling wastewater from its new electric power generating station, and some treated sanitary waste, to an onsite two-cell evaporation pond? RECOMMENDATION Approval of the Ordinance granting the COD. BACKGROUND The disposal of solid wastes in Colorado is a matter of both state and local concern. The General Assembly has adopted statutory requirements and procedures for authorizing disposal facilities which involve review by Colorado Department of Health and Environment ("CDPHE") and local government issuance of a "Certificate of Designation" ("COD") to approve a facility. See Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1. This dual jurisdiction is recognized in the City's procedures codified in Chapter 12, Title IV, Pueblo Municipal Code. Black Hills has applied for a COD to allow on-site disposal of non-recoverable process and cooling wastewater from the new electric power generating station, and some treated sanitary th waste, in a two-cell evaporation pond at the power plant site, 4000 N. 27 Lane, Pueblo, Colorado, 81001 (the "Site"). The design and operations plan for such disposal provides for construction of a lined evaporation pond, operations and monitoring, and ultimately closure. CDPHE has recommended approval of the COD with conditions, and these requirements are made a part of the COD by the Ordinance provisions. The Ordinance before Council would also make other findings required by state law and Chapter 12, Title IV, P.M.C. for approval of the COD. FINANCIAL IMPACT None anticipated. Black Hills has paid the application fees to the City as required by Chapter 12.