HomeMy WebLinkAbout06208ORDINANCE NO. 6208
AN ORDINANCE APPROVING WITH CONDITIONS A MAJOR
MODIFICATION TO THE CERTIFICATE OF DESIGNATION
FOR THE PHASE III UNIT, PUEBLO SOUTHSIDE LANDFILL
WHEREAS, on June 22, 1992, Council adopted Resolution No. 6951 which ratified,
approved and authorized a separate Certificate of Designation for 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, passed and
approved on July 24, 1995; and
WHEREAS, Zupan Enterprises, Inc. has submitted an Application for amendment of said
Certificate of Designation for the Phase III Unit, Pueblo Southside Landfill which seeks a lateral
expansion of the Phase III Unit; 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 I of Article 20 of Title 30, Colorado
Revised Statutes; and
WHEREAS, the Application has been reviewed by the Colorado Department of Public
Health and Environment and on March 10, 1997 was conditionally recommended for approval by
the City Council of Pueblo; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
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A public hearing to consider the adoption of this Ordinance approving with conditions a
major modification to the Certificate of Designation for the Phase III Unit, Pueblo Southside
Landfill, as same is described and identified in Council Resolution No. 6951, shall be held in the
Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado, at 7:30 p.m. on the 14th day of
July, 1997. 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 City Hall and in at least one conspicuous location
at the Phase III Unit of the Pueblo Southside Landfill 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.
Upon consideration of the Application submitted by Zupan Enterprises, Inc. for amendment
of the Certificate of Designation for the Phase III Unit, Pueblo Southside Landfill, the report of the
Colorado Department of Public Health and Environment 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:
The Application for amendment of the Certificate of Designation (hereinafter referred
to as "the Application") submitted by Zupan Enterprises, Inc. (hereinafter "Applicant ") consists of
all of the following documents as component parts thereof:
A. Engineering Design and Operations Report, Southside Landfill Phase 3 Unit,
Pueblo, Colorado - Ayres Associates, May 1995.
B. Special Waste Acceptance and Disposal Plan, Southside Landfill Phase 3
Unit, Pueblo, Colorado - Ayres Associates, May 1995, as approved by the
Division July 15, 1996.
C. Addendum to the Engineering Design and Operations Report, Southside
Landfill Phase 3 Unit, Pueblo, Colorado - Ayres Associates, October 16,
1995.
D. Final Sampling and Analysis Plan, Southside Landfill Facility - Terranext,
February 16, 1996, as approved by the Division February 22, 1996. [To the
extent same relates to the Phase III Unit]
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E. Leachate Management Plan, Pueblo Southside Landfill Phase 3 Unit - Ayres
Associates, September 18, 1996, as approved by the Division September 30,
1996.
F. Pueblo Southside Landfill, Phase 3 Unit: Liner Compliance Demonstration
for Proposed Phase 3 Lateral Expansion - Ayres Associates, December 2,
1996.
2. The Application seeks an expansion to the Phase III Unit of the Pueblo Southside
Landfill, which is sometimes referred to as the Phase 3 Unit of the Pueblo Southside Landfill. The
expansion sought by Applicant constitutes a Major Modification to the existing Certificate of
Designation which was previously ratified, approved and authorized by Council Resolution No.
6951 (hereinafter "the COD ") for said facility. The legal description of the Phase 3 Unit is
contained in the Application. The Phase 3 Unit is located within the City of Pueblo. The Phase 3
Unit is a separate and independent facility from the Phase I -East Area and Phase I -West Area of the
Pueblo Southside Landfill which are discrete municipal solid waste landfill units which ceased
receiving waste and were closed prior to October 8, 1993.
3. The Colorado Department of Public Health and Environmental (hereinafter
"CDPHE ") has reviewed the Application and submitted a letter report dated March 10, 1997
recommending approval of the Major Modification subject to, inter " 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.
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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 l 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 3 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 CDPHE March 10, 1997 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 III 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 dated March 10, 1997, a true copy
of which is attached hereto and incorporated herein by reference, be and is hereby approved as a
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major modification to the Certificate of Designation for the Phase III Unit facility.
2. Application fees established by City are waived pursuant to the provisions of Section
4- 12 -3(c) of the 1971 Code of Ordinances, as amended.
Except as modified by this major modification, the terms, conditions and
requirements applicable to the COD shall remain in effect and applicable to the Phase III Unit
Facility.
4. 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.
This Ordinance shall become effective immediately upon final passage and approval.
ATTEST:
v
INTRODUCED: May 12 1997
By Samuel Corsentino
Councilperson
APPROVED:
President of iCe Ci Council
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STATE OF COLORADO
Roy Romer, Governor
Patti Shwayder, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION 2 3 4 300 Cherry Creek Dr. S. 222 S. 6th Street, Room 232 to Denver, Colorado 80222 -1530 Grand )unction, Colorado 81501 -2768 o (303) 759 535S � Fax ) (303 248- 198 of blk Hp)th �
Fax and Environment
March 10, 1997 %
MAP ? 6 S9
Ms. Cathy Garcia
President of City Council Number 1 City Hall Place
Pueblo, Colorado 81003
Re: Amendment to Certificate of Designation, Pueblo Southside Landfill
Lateral Expansion of Phase 3 Unit
South West 1/4 Section 18, Township 21 South, Range 65 West, Sixth Principal Meridian
South East 1/4 Section 13, Township 21 South, Range 66 West, Sixth Principal Meridian
Pueblo County, Colorado
Dear Ms. Garcia:
In June 1995, the Hazardous Materials and Waste Management Division of the Colorado
Department of Public Health and Environment (the Division) received a document titled
"Engineering Design and Operations Report, Southside Landfill Phase 3 Unit, Pueblo,
Colorado." Ayres Associates prepared the document for Zupan Enterprises, Inc. (Zupan). The
document contains a request to amend the Certificate of Designation for the Pueblo Southside
Landfill to allow a lateral expansion of the Phase 3 Unit. The proposal would increase the area
of the Phase 3 Unit to approximately 31.2 acres. The document was forwarded to the Division,
by the Pueblo Department of Public Works, for technical review as specified in the Colorado
Solid Wastes Disposal Sites and Facilities Act, C.R.S. 30 -20 -100.5 et -sea and with respect to
the regulations promulgated thereunder 6 CCR 1007 -2.
An initial review of the document found several areas that required additional clarification. The
Division defined these areas in a letter to the Pueblo Department of Public Works dated July 21,
1995. Ayres Associates addressed these issues in an "Addendum to the Engineering Design and
Operations Report, Southside Landfill Phase 3 Unit, Pueblo, Colorado," dated October 16, 1995.
On November 13, 1995, Ayres Associates submitted to the Division an "Interim Refuse Filling
Plan, Southside Landfill Phase 3 Unit."
Based on its technical review of the information the Division found that it could not approve the
proposed lateral expansion or the interim filling plan. The Division informed the Pueblo City
Council of these findings in letters dated December 1, 1995 and December 4, 1995, respectively.
However, given the role that the Southside Landfill has in the Pueblo community, the Division
chose to pursue a cooperative approach to bring the Southside Landfill into compliance and
Ms. Cathy Garcia
March 10, 1997
Page 2
allow it to continue to operate.
This cooperative effort has been successful. The City of Pueblo, Zupan, and the Division have
worked hard to address the complex and difficult issues presented by the site. These issues are
related to evidence indicating that the site has impacted ground water and are made complex by
the fact that parts of the site are owned by Zupan and other parts are owned by the City of
Pueblo. A meeting of all parties was held in Denver on December 20, 1995. At that meeting we
agreed to a course of action aimed at developing a better understanding of the hydrogeological
conditions at the site.
A detailed ground water sampling and analysis plan (SAP) has been developed and implemented
for the entire Southside Landfill. The SAP was developed by Terranext and was approved by the
Division in February 1996. Ayres Associates prepared a proposed plan of study for a site -wide
hydrogeologic investigation in April 1996. The site -wide hydrogeologic study was approved
with conditions by the Division in January 1997. The Division also approved the interim filling
plan in January 1996.
Ayres Associates prepared several additional documents that are integral to the cooperative
effort to achieve compliance: "Leachate Management Plan, Pueblo Southside Landfill Phase 3
Unit," dated September 18, 1996 and "Pueblo Southside Landfill, Phase 3 Unit: Liner
Compliance Demonstration for Proposed Phase 3 Lateral Expansion," dated December 2, 1996.
On September 30, 1996, the Division conditionally approved the leachate management plan. In
July 1996, the Division approved the "Special Waste Acceptance and Disposal Plan" for the
Southside Landfill Phase 3 Unit, also prepared by Ayres Associates.
The Division also notes that one formal inspection and one informal site visit were conducted
during 1996. Observations made during these visits show that the facility is continually
improving its operational practices, in the spirit of the cooperative effort to achieve compliance.
In a letter dated January 30, 1997 Ayres Associates requested, on Zupan's behalf, that the
Division acknowledge and incorporate by reference these modifications to the Southside
Landfill's design and operations plan. Additionally, the letter requests approval for the lateral
expansion of the Phase 3 Unit of the Southside Landfill. This letter is written in response to
these requests.
CONDITIONS OF APPROVAL FOR LATERAL EXPANSION OF PHASE 3 UNIT PUEBLO
SOUTHSIDE LANDFILL
The following documents shall constitute the engineering design and operations
plan for the Pueblo Southside Landfill:
Ms. Cathy Garcia
March 10, 1997
Page 3
A. Engineering Design and Operations Report, Southside Landfill Phase 3
Unit, Pueblo, Colorado - Ayres Associates, May 1995.
B. Special Waste Acceptance and Disposal Plan, Southside Landfill Phase 3
Unit, Pueblo, Colorado - Ayres Associates, May 1995, as approved by the
Division July 15, 1996.
C. Addendum to the Engineering Design and Operations Report, Southside
Landfill Phase 3 Unit, Pueblo, Colorado - Ayres Associates, October 16,
1995.
D. Final Sampling and Analysis Plan, Southside Landfill Facility - Terranext,
February 16, 1996, as approved by the Division February 22, 1996.
E. Leachate Management Plan, Pueblo Southside Landfill Phase 3 Unit -
Ayres Associates, September 18, 1996, as approved by the Division
September 30, 1996
F. Pueblo Southside Landfill, Phase 3 Unit: Liner Compliance
Demonstration for Proposed Phase 3 Lateral Expansion - Ayres
Associates, December 2, 1996. The Division herby grants approval of this
document.
2. The ground water monitoring system for the Phase 3 Unit will need to be developed after
the results of the site -wide hydrogeological study are known. The system must be
developed and certified in accordance with Appendix B of the regulations. For
continuing operations in the Phase 3 Unit all constituents contained in Appendix IA and
IB, of the regulations, will be part of the monitoring program. However, the Division
requires the following actions as conditions for approval of the lateral expansion.
A. Existing wells GW -1S, GW -1D, and GW4 will not be relocated. The
May 1995 plan called for relocation of these wells. These wells shall be
protected. If the site -wide study shows that additional water bearing units
exist at these locations, i.e., all units stratigraphically above the Blue Hill
Shale, additional wells will be required as specified in the conditions of
approval for the site -wide investigation.
B. Existing well GW -9 will be relocated to approximate site coordinates of
22 +00 North and 11+00 East. As noted above, any water bearing units
above the Blue Hill Shale will require monitoring wells.
Ms. Cathy Garcia
March 10, 1997
Page 4
C. As a condition of approval for the site -wide investigation, the Division
requested that a map be prepared that clearly and unambiguously defines
the area of the site owned by the City of Pueblo, and the area of the site
owned by Zupan Enterprises, Inc. This property boundary must be
defined. The Division requires that the well locations identified as A, B,
C, D, E, and F in figure six of the site -wide investigation proposal, be on
Zupan's property. The Division's intent is to facilitate the development of
a ground water monitoring system for the Phase 3 Unit independent of its
proximity to the Phase 1 Unit, which is owned by the City of Pueblo.
D. Zupan must commit to and complete all field activities related to the Phase
3 Unit, as identified in the approved site -wide hydrogeologic study, within
one year of the date that the City approves the expansion, if the City
chooses to approve it.
3. Section 4.3, of the May 1995, document specifies an eighteen -inch layer of clay
compacted to a hydraulic conductivity of 3x10 cm/sec or less for the barrier
layer of the final cover system. This must be modified to be equivalent to the
hydraulic conductivity of the liner system, i.e., either 1x10'' cm/sec or an
approved GCL. Zupan may also request a waiver to this requirement per the
procedure defined in section 1.5 of the regulations.
It is the assessment of the Division that the proposed lateral expansion can comply with the
technical, environmental and public health standards of the Act and the regulations, if the facility
is constructed and operated as detailed in the submitted plans and with the requirements of the
Division as stated in this letter. Based on this assessment, the Division recommends that this
proposed facility may be approved by the City based on these and local criteria. Please note this
letter supersedes the Division's December 1, 1995 letter regarding this proposed expansion.
If you have any questions regarding this matter, please contact h
Sin rely,
Ronald J. Forlina, Geologist
Solid Waste Unit
Compliance Program
cc: Tom Cvar, Pueblo Public Works Department
Paul Clopper, Ayres Associates
Mike Zupan, Zupan Enterprises, Inc.
Glenn F. Mz
Solid Waste
Compliance Program
File: SW/PUE /SOU #3
(719) 583 -4300
BOARD OF HEALTH
Allyn Middelkamp, Sr., President
Jarvis Ryals, M.D. Vice President
151 CENTRAL MAIN STREET
Sam Corsentino
Eileen Dennis
PUEBLO, COLORADO 81003 -4297
Kathy Farley
DIRECTOR
Christine Nevin - Woods, D.O.O.P.H.
Environmental Health Division 131 South Main (719) 583 -4323
April 23, 1997 RF wE0 `
Tom Cvar, Director AF ? 1 1997
City of Pueblo Public Works J
211 East D Street
Pueblo, CO 81003 1 '
S �
Dear Tom:
This office is in receipt of a copy of a letter from Ronald Forlina and Glenn Mallory, Colorado
Department of Public Health and Environment (CDPH &E) to Ms. Cathy Garcia dated March 10,
1997. This letter is regarding the Amendment to the Certificate of Designation, Pueblo Southside
landfill.
This office agrees with the assessment by the CDPH &E that the proposed lateral expansion can
comply with all applicable standards and regulations, providing it is conducted and operated as set
forth in the plans and requirements of the CDPH &E stated in the letter of March 10, 1997.
Therefore, we concur with the CDPH &E that the City may approve this proposed facility based on
the criteria in the proposed plan.
Sincerely,
c�e__7 � 2 c_ 0
Warren Lakes, R.E.H.S.
Environmental Health Specialist IV
Environmental Health Division
dz
c: Tom Florczak
City Attorney
a�� m°"
Heather Maio, Director
Environmental Health Division
Christine Nevin - Woods, D.O., M.P.H., Director
Pueblo City- County Health Department