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HomeMy WebLinkAbout07391ORDINANCE NO. 7391 AN ORDINANCE APPROVING WITH CONDITIONS A MAJOR MODIFICATION TO THE CERTIFICATE OF DESIGNATION FOR THE PHASE II EXPANDED DESIGN UNIT OF 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, 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, Zupan Enterprises, Inc. has now submitted a new Application for amendment of said Certificate of Designation for the Phase II Expanded Design Unit, Pueblo Southside Landfill which essentially seeks to amend and expand the Phase II Unit area and incorporate technical improvements therein (the "Application "); 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 Pueblo Municipal Code and is therefore subject to the provisions of Ordinance 5996, as codified in Chapter 12 of Title IV of the Pueblo Municipal Code and of Part 1 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 April 30, 2004 was conditionally recommended 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, 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 7:00 p.m. on the 24th day of October, 2005 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 II Expanded Design 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. SECTION 2 Upon consideration of the Application submitted by Zupan Enterprises, Inc. for amendment of the Certificate of Designation for the Phase II Expanded Design 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: 1. 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 - Phase 2 Unit Expanded Design, Southside Landfill, Pueblo, Colorado, prepared by Ayres Associates, May 2000. B. Drawings of Title Sheet, Overall Site Plan, Modular Construction Sequence, Existing Topography and Monitoring Well Locations, Final Grades, Cross Sections, Drainage Plan, and Details for Southside Landfill Phase 2 Unit Expanded Design prepared by Ayres Associates and dated May 12, 2000. C. Colorado Department of Public Health and Environment ( "CDPHE ") letter dated May 22, 2003 regarding Phase 2 Unit Expansion. D. Construction Quality Assurance Plan, Southside Landfill, Liner and Leachate Collection System Construction prepared by American Environmental Consulting, LLC ( "AEC'), dated February 1, 2004. E. Drawings (consisting of Plates 1, 2 and 3) of Phase 2 Southside Landfill Expansion depicting topographical map of expansion area, subgrade excavation surface, and final cover and water control, all prepared by AEC and dated May 30, 2004. F. Letter dated March 31, 2004 from Mark A. McMullen, AEC to Julie Cotter, CDPHE concerning responses to comments in CDPHE May 22, 2003 letter. G. Sediment Pond Design Report - Phase 2 Unit Expanded Design dated April 2004 prepared by Visus Consulting Group, Inc. H. Letter dated April 5, 2004 from Mark A. McMullen, AEC to Julie Cotter, CDPHE concerning Sediment Pond Design Report, Southside Landfill. I. Letter dated April 30, 2004 from Jerry Henderson, CDPHE to Lee Evett, City Manager of the City of Pueblo, approving the Phase II expansion request with eleven (11) express requirements and conditions. J. Letter dated May 17,2004 from Mark A. McMullen, AEC to Jerry Henderson, CDPHE responding to April 30, 2004 letter. 2. The Application seeks Certificate of Designation authority to construct, develop and operate an expanded design for the Phase II Unit of the Pueblo Southside Landfill, which is also sometimes referred to as the Phase 2 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, as subsequently modified by Ordinances No. 6208 and 7130. The legal description of the Phase 2 Unit is contained in the Application. The Phase 2 Unit is located within the City of Pueblo. The Phase 2 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 April 30, 2004 recommending approval of the Major Modification subject to, inter alia, Applicant's compliance with the eleven (11) 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 CDPHE April 30, 2004 letter report, is in the best interest of the public. SECTION 3 follows: Based upon the Council findings set forth in Section 2 of this Ordinance, Council orders as 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 dated April 30, 2004, a true copy of which is attached hereto and incorporated herein by reference, be and is hereby approved as a major modification to the Certificate of Designation for the Phase II Unit facility. 2. Application fees established by City are waived pursuant to the provisions of Section 4- 12 -3(c) of the Pueblo Municipal Code, as amended. 3. 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. 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. SECTION 4 This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED September 12, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED October 24, 2005 T: ao W - #? 3q, Background Paper for Proposed ORDINANCE AGENDA ITEM #a DATE: SEPTEMBER 12, 2005 DEPARTMENT: PUBLIC WORKS DIRECTOR - DANIEL E. CENTA, P.E. TITLE AN ORDINANCE APPROVING WITH CONDITIONS A MAJOR MODIFICATION TO THE CERTIFICATE OF DESIGNATION FOR THE PHASE II EXPANDED DESIGN UNIT OF PUEBLO SOUTHSIDE LANDFILL ISSUE Should the City Council approve a modification to the Certificate of Designation for the Pueblo Southside Landfill. Approval of this Ordinance. Zupan Enterprises, Inc., the owner of Phases II and III of the Southside Landfill, has submitted a new application for amendment of the Certificate of Designation for the Phase II Expanded Design Unit of the Southside Landfill, which essentially seeks to amend and expand the Phase II Unit area and incorporate technical improvements. This application was approved by the Colorado Department of Public Health and Environment on April 30, 2004. FINANCIAL IMPACT None.