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HomeMy WebLinkAbout09132 ORDINANCE NO. 9132 AN ORDINANCE APPROVING A MAJOR MODIFICATION WITH CONDITIONS TO THE CERTIFICATE OF DESIGNATION FOR THE PHASE II UNIT, SOUTHSIDE LANDFILL WHEREAS, on June 22, 1992, Council adopted Resolution No. 6951 which ratified, approved, and authorized a separate Certificate of Designation for the municipal solid waste landfill units identified as Phase II and Phase III of the Pueblo Southside Landfill; and WHEREAS, said Certificate of Designation for the Phase III Unit was effective and the facility began operation prior to adoption of Ordinance 5996 of the City of Pueblo (“City”), passed and approved on July 24, 1995; and WHEREAS, on July 14, 1997, Council adopted Ordinance No. 6208 which approved with conditions a Major Modification to said Certificate of Designation for the Phase III Unit, Pueblo Southside Landfill, which modification had been requested by the operator, Zupan Enterprises, Inc.; and WHEREAS, on April 26, 2004, Council adopted Ordinance No. 7130 which approved with conditions a Major Modification to said Certificate of Designation for the addition of new liquid waste and sludge impoundments to the Phase III Unit, Pueblo Southside Landfill, which modification had been requested by the operator Zupan Enterprises, Inc.; and WHEREAS, on November 24, 2008, Council adopted Ordinance No. 7919 which approved with conditions a Major Modification to said Certificate of Designation for the Phase II and Phase III Units (“Phase Units II/III”), Pueblo Southside Landfill which: (a) changed the ownership and operator of the Phase II/III Units from Zupan Enterprises, Inc. to Waste Connections of Colorado, Inc. (“WCI”), (b) incorporate contractual requirements for the Phase II/III Units contained in two (2) agreements between WCI and City, and (c) undertake a limited expansions of the Phase III Unit, and accomplish mitigation of existing compliance issues; and WHEREAS, WCI has submitted an Application for amendment of said Certificate of Designation for the Phase II Unit, Southside Landfill which seeks a lateral expansion, increase maximum final cover elevation, and raise the bottom liner grades; and WHEREAS, the Application seeks changes to said Certificate of Designation which would constitute a Major Modification to the COD as defined by Section 4-12-1(b)(5) of the 1971 Code of Ordinances and is therefore subject to the provisions of Ordinance 5996, as codified in Chapter 12 of Title IV of the 1971 Code of Ordinances and of Part 1 of Article 20 of Title 30, Colorado Revised Statues; and WHEREAS, the Application has been reviewed by the Colorado Department of Public Health and Environment (“CDPHE”) and has been conditionally recommended by CDPHE for approval by the City Council of Pueblo; NOW, THEREFORE, 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 Major Modification to the Certificate of Designation for the Phase II Unit, Southside Landfill, as same is describe and identified in Council Resolution No. 6951, and Ordinance Nos. 6208, 7130 and 7919 shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado 81003, at 7:00 p.m. on the 12th day of June, 2017. 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. Council finds that the City Clerk has heretofore posted such notice in a conspicuous location in City Hall and in at least one conspicuous location at the Phase II Unit of the Southside Landfill which is visible to the public and hereby ratifies such postings. 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 WCI for amendment of the Certificate of Designation for the Phase II Unit, Southside Landfill, the report of the Colorado Department of Public Health and Environment (“CDPHE”) thereon, 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 amendment of the Certificate of Designation (hereinafter referred to as “the Application”) submitted by Waste Connections of Colorado, Inc. (hereinafter “applicant”) consists of the Engineering, Design, and Operations Plan Amendment dated July 2016 from SCS Engineers, submitted on behalf of WCI, Major Modification to Certificate of Designation. 2. The Application seeks to modify the Phase II Unit as follows: A. Expand the footprint from 53.1 acres to 60.0 acres; B. Raise the bottom liner grades to decrease excavation; C. Increase maximum final cover elevation from 5,278 feet mean sea level to 5,312 feet mean sea level; D. Decrease peak stormwater flow from the modified final cover compared to the current permitted design; and E. Increase permitted total gross airspace from 7,375,600 cubic yards to 7,492,000 cubic yards. 3. The Colorado Department of Public Health and Environment (hereinafter “CDPHE”) has reviewed the Application and submitted a letter report recommending approval of the Major Modification subject to, inter alia, Applicant’s compliance with the conditions set forth in said report, approval by the City of Pueblo, and imposition of any local conditions required by the City. 4. The proposed amendment to the COD will not adversely affect surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions. The proposed amendment is consistent with the land use and zoning ordinances of the City. 5. The proposed amendment to the COD will maintain the convenience and accessibility of the solid wastes disposal site and facility 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. A duly noticed public hearing has been held in accordance with Section 30-20-104(3) 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 Phase II facility. 9. Approval of the Application will maintain or enhance competition in the Pueblo area for solid waste disposal services. 10. Approval of the Application, subject to the conditions and requirements set forth in the aforestated CDPHE letter report, 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 Major Modification of the Phase II Unit, as set forth in the Application, subject to Applicant’s acceptance and performance of, at Applicant’s sole expense, the conditions and requirements set forth in the CDPHE letter report, a true copy of which is incorporated herein by reference, be and is hereby approved a major modification to the Certificate of Designation for the Phase II Unit facility. 2. Except as modified by this major modification, the terms, conditions and requirements applicable to the COD, as amended by prior approved modifications, shall remain in effect and applicable to the Phase II Unit Facility. 3. Nothing in this Ordinance, or in any documents incorporated or referred to in this Ordinance, is intended, nor shall it be construed, to adopt, require, or impose any new or additional requirements upon any closed municipal solid waste landfill units, including without limitation, the Phase I-West Area and Phase I-East Area of the Pueblo Southside Landfill. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the contract to effectuate the transactions described therein. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED May 22, 2017 BY: Ed Brown PASSED AND APPROVED: June 12, 2017 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 22, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk From: Earl Wilkinson, Public Works Director SUBJECT: AN ORDINANCE APPROVING A MAJOR MODIFICATION WITH CONDITIONS TO THE CERTIFICATE OF DESIGNATION FOR THE PHASE II UNIT, SOUTHSIDE LANDFILL SUMMARY: This Ordinance approves Waste Connections of Colorado, Inc.’s (“WCI”) application for Major Modification with conditions to the Certificate of Designation for the Phase II Unit of the Southside Landfill. PREVIOUS COUNCIL ACTION : O n June 22, 1992, Council adopted Resolution No. 6951 which ratified, approved, and authorized a separate Certificate of Designation for the municipal solid waste landfill units identified as Phase II and Phase III of the Pueblo Southside Landfill. On July 14, 1997, Council adopted Ordinance No. 6208 which approved with conditions a Major Modification to said Certificate of Designation for the Phase III Unit, Pueblo Southside Landfill, which modification had been requested by the operator, Zupan Enterprises, Inc. On April 26, 2004, Council adopted Ordinance No. 7130 which approved with conditions a Major Modification to said Certificate of Designation for the addition of new liquid waste and sludge impoundments to the Phase III Unit, Pueblo Southside Landfill, which modification had been requested by the operator Zupan Enterprises, Inc. On November 24, 2008, Council adopted Ordinance No. 7919 which approved with conditions a Major Modification to said Certificate of Designation for the Phase II and Phase III Units (“Phase Units II/III”), Pueblo Southside Landfill which: (a) changed the ownership and operator of the Phase II/III Units from Zupan Enterprises, Inc. to Waste Connections of Colorado, Inc. (“WCI”), (b) incorporate contractual requirements for the Phase II/III Units contained in two (2) agreements between WCI and City, and (c) undertake a limited expansions of the Phase III Unit, and accomplish mitigation of existing compliance issues. 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 the Colorado Department of Public Health and Environment (“CDPHE”) and local government issuance of a “Certificate of Designation” (“COD”) to approve a facility. When major amendments to the design, specifications or procedures set forth in a COD are desired, and amendment is required, again with CDPHE review and local approval. See Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1, ‘ 1.3.5. This dual jurisdiction is recognized in the City’s procedures codified in Chapter 12, Title IV, Pueblo Municipal Code. For the Southside Landfill, the City has had COD approval jurisdiction since its annexation into the City in the early 1990’s, and has previously approved modifications to its COD. WCI now proposes five changes to the COD as presently issued: (1) Expand the footprint from 53.1 acres to 60.0 acres, (2) raise the bottom liner grades to decrease excavation, (3) increase the maximum final cover elevation from 5,278 feet to 5,312 feet mean sea level, (4) decrease peak stormwater flow from the modified final cover compared to the current permitted design, and (5) increase the permitted total gross airspace from 7,375,600 cubic yards to 7,492,000 cubic yards. FINANCIAL IMPLICATIONS : None BOARD/COMMISSION RECOMMENDATION : The Application has been reviewed by the Colorado Department of Public Health and Environment (“CDPHE”) and has been conditionally recommended by CDPHE for approval by the City Council of Pueblo. STAKEHOLDER PROCESS : None. ALTERNATIVES : Alternative No. 1 – No Action Under this alternative the Southside Landfill does not receive the Major Modification to the Certificate of Designation for the Phase II Unit and may result in closing the landfill to receiving trash after the Phase III Unit is full. RECOMMENDATION : Approval of the Ordinance. Attachments: Modification Application CDPHE Recommendation Letter Letter to Pueblo City/County Health Department