HomeMy WebLinkAbout6951RESOLUTION NO. 6951
A RESOLUTION CLASSIFYING THE MUNICIPAL SOLID
WASTE LANDFILL UNITS LOCATED AT PUEBLO SOUTH -
SIDE LANDFILL AND APPROVING A CERTIFICATE OF
DESIGNATION FOR THE UNITS DESCRIBED AS PHASE
II AND PHASE III THEREOF
WHEREAS, a Certificate of Designation was issued by the
County of Pueblo on or about September 19, 1972 and, after further
public hearings, amended in 1985 and 1988 by Pueblo County by
Resolution Nos. 85 -Z -1 and 88 -Z -85 (hereinafter referred to as the
"1988 Certificate of Designation ") for facilities known as the
Pueblo Southside Landfill which was located in the unincorporated
area of Pueblo County, Colorado; and
WHEREAS, under the 1988 Certificate of Designation the Pueblo
Southside Landfill consisted of four (4) discrete municipal solid
waste landfill units identified in the 1988 Certificate of
Designation and accompanying drawings as: Phase I -West Area, Phase
I -East Area, Phase II, and Phase III; and
WHEREAS, by Ordinance No. 5619 passed and approved by the
City Council of Pueblo on July 23, 1990, the Pueblo Southside
Landfill was annexed into the City of Pueblo, Colorado; and
WHEREAS, by Agreement dated April 22, 1991 by and between
Zupan Enterprises, Inc. ( "Zupan ") and Pueblo, a Municipal
Corporation (hereinafter "Agreement ") and by Resolution No. 6733
passed and approved by the City Council of Pueblo on April 22,
1991, the City Council of Pueblo approved Phase I -West Area, Phase
I -East Area, Phase II and Phase III of the Pueblo Southside
Landfill (hereinafter "1991 Approval ") as authorized by C.R.S.
§30 -20- 102(2) which read, in pertinent part:
(2) Solid wastes disposal by any person within the
incorporated or unincorporated portion of any county is
prohibited except on or at a solid wastes disposal site and
facility . . . which has been approved by a city, city and
county, or town within the boundaries of which the site and
facility are situated; and
WHEREAS, effective June 5, 1991, the Colorado General
Assembly amended the application procedures for obtaining approval
of solid waste facilities but provided, inter alia, that
facilities already approved by an existing certificate of
designation were not affected by the new requirments, see C.R.S.
30- 20- 103.5; and
WHEREAS, under the 1991 Approval and Agreement, Zupan was
required to close and cover the municipal solid waste landfill
units identified as Phase I -West Area, and Phase I -East Area by
July 1, 1991 and complete final cover and revegetation of same by
December 1, 1991; and
WHEREAS, the City Council finds and concludes that the
municipal solid waste landfill unit identified as Phase I -West
Area was closed and final cover placed prior to October 9, 1991;
and
WHEREAS, the City Council finds and concludes that Zupan will
close the municipal. solid waste landfill unit identified as Phase
I -East Area within approximately 30 days, and in any event, on or
before October 8, 1993; and
WHEREAS, it is appropriate to ratify, approve and authorize a
separate Certificate of Designation for the municipal solid waste
landfill units identified as Phase II and Phase III of the Pueblo
Southside Landfill which will be opened and operated after October
9, 1991 pursuant to the 1991 Approval and Agreement; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
ePr'Tr!lM 1
The City Council finds and concludes that Phase I -West Area
and Phase I -East Area of the Pueblo Southside Landfill are or will
imminently be closed municipal solid waste landfill units separate
and distinct from the Phase II and Phase III municipal solid waste
landfill units as identified in the 1991 Approval and Agreement.
SECTION 2
The City Council hereby approves, authorizes and ratifies a
Certificate of Designation to Zupan Enterprises, Inc. for the
municipal solid waste landfill units identified as Phase II and
Phase III in the 1991 Approval and Agreement, including Drawing
"A" attached thereto, and authorizes Zupan Enterprises, Inc. to
operate in said approved municipal solid waste _landfill units.
-2-
CF rTT(1N 2 _
This Resolution, together_ with the 1991 Approval and Agree-
ment, shall be considered to constitute a separate Certificate of
Designation for the municipal solid waste landfill units identi-
fied as Phase II and Phase III of the Pueblo Southside Landfill,
subject to and in accordance with the provisions of the 1991
Approval and Agreement, and as authorized by C.R.S. 30- 20- 103.5.
INTRODUCED: June 22 1992
By CHRIS WEAVER
Councilperson
ATTEST: APPROVED:
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C 1 y C 1 ek Presi nt of th City Council
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City of Pueblo
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
ATTORNEY - CLIENT PUEBLO, COLORADO 81003
CONFIDENTIAL
MEMORANDUM
TO: The City Council and City Manager
FROM: Thomas J. Florczak, Assistant City Attorney
DATE: June 5, 1992
RE: Pueblo Southside Landfill Units -
Resolution Concernina Status
Due to the potential for uncertain regulatory treatment by the
Colorado Dept. of Health and U.S. Environmental Protection Agency,
it was recommended that Council clarify the status of the various
municipal solid waste landfill units located at the Pueblo
Southside Landfill. This was deemed advisable because of (1) the
annexation of the land into the City after issuance of the cert-
ificate of designation by the County, (2) the different regulatory
treatment of closed, lateral expansion and new landfill units
under the October 9, 1991 EPA regulation (56 Fed. Reg. 50978) and
(3) the different regulatory treatment of landfill units based
upon the dates landfill units are operating or closed.
To resolve any question as to whether the Phase II and Phase III
landfill units operate under a valid Certificate of Designation
(COD) the proposed Resolution recites the history of the COD,
recognizes the transfer of certain rights granted by the 1988 COD
to Zupan Enterprises, Inc. and clarifies that the instruments
effecting such transfer constituted COD approval within the
meaning of the then existing state statute.
To minimize needless future regulatory expense for the City,
particularly with respect to post closure water quality monitor-
ing, it may be necessary to demonstrate that Phase I -East and
Phase I -West landfill units were closed before October 9, 1993 and
that they are separate and distinct landfill units from the Phase
II and Phase III Units. We believe those circumstances are well
grounded in fact, but that formal City Council action recognizing
and clarifying these circumstances will preserve or enhance the
City's position.
For the foregoing reasons, we recommend adoption of the enclosed
Resolution.
TJF
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Enclosure