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HomeMy WebLinkAbout07919ORDINANCE NO. 7919 AN ORDINANCE APPROVING WITH CONDITIONS A MAJOR MODIFICATION TO THE CERTIFICATE OF DESIGNATION FOR THE PHASE II AND PHASE III UNITS OF PUEBLO SOUTHSIDE LANDFILL WHEREAS, on June 22, 1992, City Council ( "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 No. 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, Zupan Enterprises, Inc. has entered into an agreement to sell the Phase II and Phase III Units to Waste Connections of Colorado, Inc. (the "Zupan Sale "); and WHEREAS, Waste Connections of Colorado, Inc. ( "WCI ") has now submitted a new Application for Major Modification to said Certificate of Designation for the Phase II and Phase III Units ( "Phase II /III Units "), Pueblo Southside Landfill which essentially seeks to: (a) change the ownership and operator of the Phase II /III Units from Zupan Enterprises, Inc. to 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 expansion of the Phase III Unit, and accomplish mitigation of existing compliance issues (the "Application "); and WHEREAS, the Application seeks changes to said Certificate of Designation which would constitute a Major Modification to the COD (including prior modifications) as defined by Section 4- 12- 1(b)(5) of the Pueblo Municipal Code and is therefore subject to the provisions of Ordinance No. 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 ( "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 and Phase III Units, Pueblo Southside Landfill, as same is described and identified in Council Resolution No. 6951, and Ordinance Nos. 6208 and 7130, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado, 81003, at 7:00 p.m. on the 24th day of November, 2008 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 /III Units of the Pueblo 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 and Phase III Units, Pueblo 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 all of the following documents as component parts thereof: A. Letter dated October 9, 2008 from Weaver Boos Consultants, LLC to Ms. Gina Dutcher, City Clerk, submitting Major Modification to Certificate of Designation Application - Revision 1. B. Attachment 1 to the Application consisting of • Letter dated October 9, 2008 from Weaver Boos Consultants, LLC to Roger Doak, CDPHE concerning Southside Landfill Phase III Remediation and Construction. • Construction Plans and Specifications for Perimeter Berm dated September 10, 2008 with Drawings signed by John C. Briest, P.E. dated October 6, 2008. C. Attachment 2 to the Application consisting of Slope Stability Calculations including Memorandum from John Briest, P.E. dated September 3, 2008 with attached analysis. D. Attachment 3 consisting of Financial Assurance Estimates for Phase II and III. E. Legal Description. F. Map of Adjacent Property. G. Agreement for Access, Use, Maintenance and Conveyance of Real Property dated July 28, 2008 by and between Pueblo, a Municipal Corporation and Waste Connections of Colorado, Inc. ( "Access and Conveyance Agreement "). H. Solid Waste Disposal, Royalty and Operations Agreement by and between Pueblo, a Municipal Corporation and Waste Connections, Inc. in the form attached to the Access and Conveyance Agreement as Exhibit B ( "Disposal and Operations Agreement "). 2. The Application seeks Certificate of Designation authority to change the ownership of, and to construct, develop and operate the Phase II and III Units of the Pueblo Southside Landfill with modifications as set forth in the Application. The change of ownership and 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 Ordinance Nos. 6208 and 7130. The legal description of the Phase II and Phase III Units is contained in the Application. The Phase II and Phase III Units are located within the City of Pueblo. The Phase II /III Units constitute 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 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 and Phase III 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 and Phase III Units, as set forth in the Application, subject to (a) 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, and (b) Applicant closing the Zupan sale and executing the Disposal and Operations Agreement, be and is hereby approved as a Major Modification to the Certificate of Designation for the Phase 11 and Phase III Units 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 This Ordinance shall become effective immediately upon final passage and approval. BY Michael Occhiato Councilperson PRt i I I T'�l rtw d]UH� ATTESTED aY { CLERK INTRODUCED October 27. 2008 PASSED AND APPROVED: November 24, 2008 AGENDA ITEM # 13 DATE: October 27, 2008 DEPARTMENT: City Manager and Law Department 1111111114 AN ORDINANCE APPROVING WITH CONDITIONS A MAJOR MODIFICATION TO THE CERTIFICATE OF DESIGNATION FOR THE PHASE II AND PHASE III UNITS OF PUEBLO SOUTHSIDE LANDFILL ISSUE Should City Council approve Waste Connections of Colorado, Inc.'s ( "WCI ") application for Major Modification to the Certificate of Designation for the Phase II and Phase III Units of the Pueblo Southside Landfill? RECOMMENDATION Provided that the Colorado Department of Public Health and Environment ( "CDPHE ") submits its report recommending approval of the application, staff recommends passage of the Ordinance granting such approval. 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 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, an 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 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 three changes to the COD as presently issued to Zupan Enterprises, Inc. ( "Zupan ")-. (1) Changing the owner and operator from Zupan to WCI, (2) incorporating the contractual requirements of two agreements between WCI and the City, and (3) modifications to the physical design, and an expansion of, the Phase III Unit. It is anticipated that by the time the Ordinance is before Council for public hearing and final consideration on second reading, CDPHE will have recommended approval of these COD modifications, with conditions. That favorable recommendation is one of the requirements that must be met before Council may approve the COD modifications. The Ordinance before Council would also make other findings required by state law and Chapter 12, Title IV, PMC for approval of the modifications to the COD, and would approve the COD modifications. Approval of the Ordinance constitutes a substantial step toward WCI reopening the Southside Landfill in compliance with law and its July 2008 agreement with the City. FINANCIAL IMPACT None anticipated.