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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: r� f C 1 y C 1 ek Presi nt of th City Council 0 TF 47.35 -3- D � D 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 48.4/jp Enclosure