HomeMy WebLinkAboutR18-020 Certificate of Designation for Vail Honeywagon Class III Compost Facility r i
Commissioner i"I QVLx.HL--% moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO 201$- 01/U
RESOLUTION APPROVING THE CERTIFICATE OF DESIGNATION FOR
THE VAIL HONEYWAGON CLASS III COMPOST FACILITY AND AUTHORIZING
ANY COUNTY COMMISSIONER TO EXECUTE THE CERTIFICATE OF
DESIGNATION FOR THE VAIL HONEYWAGON CLASS III COMPOST FACILITY
WHEREAS, C.R.S. § 30-20-101 et. seq. governs solid waste disposal sites and facilities
in the state of Colorado; and
WHEREAS, C.R.S. § 30-20-101(1) provides in part that an "Approved site or facility"
means a site or facility for which a certificate of designation has been obtained; and
WHEREAS, C.R.S. § 30-20-101(2.5)provides that the "governing body having
jurisdiction"means the board of county commissioners if a site and facility is located in any
unincorporated portion of a county; and
WHEREAS, the proposed Vail Honeywagon Class III Compost Facility is located in
unincorporated Eagle County on Lot 4, Ute Creek Storage PUD,Eagle County,Colorado
("Land"); and
WHEREAS, C.R.S. § 30-20-102(1) provides in part that "a person who owns or operates
a solid wastes disposal site and facility shall first obtain a certificate of designation from the
governing body having jurisdiction over the area in which such site and facility is located"; and
WHEREAS, C.R.S. § 30-20-103(1) requires that any person desiring to own or operate a
solid waste disposal site and facility shall make application to the governing body having
jurisdiction over the area in which the site and facility is proposed to be located for a certificate
of designation; and
WHEREAS, the Board of County Commissioners for Eagle County (the "Board") is the
"governing body having jurisdiction" to issue a certificate of designation for sites and facilities
located in any unincorporated portion of Eagle County; and
WHEREAS, C.R.S. § 30-20-103(1) sets forth the items to be included in the application
and requires that the application be referred to the Colorado Department of Public Health&
Environment for review and recommendation as to approval or disapproval; and
WHEREAS, on or about April 26, 2017,the Colorado Department of Public Health &
Environment received an Engineering Design and Operations Plan ("EDOP") from Vail
Honeywagon Enterprises LLC, through its consultants American Environmental Consulting,
LLC, for its review and consideration; and
WHEREAS,the materials submitted with the EDOP and considered by the Colorado
Department of Public Health& Environment include those items identified in C.R.S. § 30-20-
103(1); and
WHEREAS, on or about August 17, 2017, Vail Honeywagon Enterprises LLC,through
its consultants American Environmental Consulting,LLC, submitted comment responses and
updates to the Colorado Department of Public Health &Environment; and
WHEREAS, on or about August 31, 2017, the Colorado Department of Public Health &
Environment approved the EDOP for the Vail Honeywagon Class HI Compost Facility and
recommended approval with conditions of the Certificate of Designation to the governing body
having jurisdiction of such facility; and
WHEREAS, on or about December 12, 2017, Vail Honeywagon Enterprises LLC
requested that the Board consider approval of the requested Certificate of Designation for its
Class III Compost Facility; and
WHEREAS, regarding permitted use, Wolcott Storage LLC (landowner)requested an
amendment to the Planned Unit Development ("PUD") in which it is located, to revise compost
use as a use by right as opposed to the existing special use so that the land use of composting is
appropriate on the Land; and
WHEREAS, the Eagle County Planning Commission considered the amendment at its
regular meeting on January 17, 2018, and recommended approval of the amended PUD subject
to certain conditions; and
WHEREAS, the Board considered the amendment to the PUD on March 13, 2018 and
granted approval of such request; and
WHEREAS, the Board initially scheduled its consideration of the Vail Honeywagon
Enterprises LLC's request for approval of the Certificate of Designation for its Class III
Compost Facility on March 13, 2018 and tabled the item to March 27, 2018 at 10:30AM; and
WHEREAS, the Board considered the Vail Honeywagon Enterprises LLC's request for
approval of the Certificate of Designation for its Class Hl Compost Facility on March 27, 2018
at 10:30AM and approved and authorized any commissioner to execute the Certificate of
Designation in the form attached hereto as Exhibit A; and
WHEREAS, notice of the time and place of the public hearing, setting forth that the
matter to be considered is Vail Honeywagon Enterprises LLC's proposal for a Class III Compost
Facility, and a description of the site and facility as well as a description of the geographic area
that is within three miles of the site and facility has been published in the Eagle Valley
Enterprise, a newspaper having general circulation in Eagle County at least ten (10) days and no
more than thirty(30) days prior to the date of this hearing; and
WHEREAS,the notice of the public hearing has also been posted in a conspicuous place
at the Eagle County Building located at 500 Broadway,Eagle, Colorado, in the El Jebel office
located at 0020 Eagle County Drive,El Jebel, Colorado, and at the offices of the Vail
Honeywagon Enterprise LLC's office located at 955 Ute Creek Road,Wolcott,Colorado, and
such notice has been posted for a period beginning at least thirty(30)days before the public
hearing and continuing through the date of such hearing; and
WHEREAS, the Board, upon notice as set forth herein, has again opened the matter of
issuance of a certificate of designation for public hearing to consider evidence concerning such
proposed site and facility.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE,STATE OF COLORADO:
THAT,the Board having considered the evidence heard at the public hearing on
March 27, 2018 which was properly noticed for March 13, 2018, and tabled until March 27,
2018, hereby finds:
(a) The use of the Land for a composting operation complies with the Eagle County
Land Use Regulations and conforms to the Eagle County Comprehensive Plan,
zoning restrictions, and Master Plan; and
(b) The EDOP detailing all technical aspects of the solid waste operation has been
prepared by American Environmental Consulting,LLC; and
(c) Colorado Department of Public Health & Environment has approved the EDOP
and any conditions of approval imposed by the Colorado Department of Health &
Environment are hereby incorporated into the Certificate of Designation attached
hereto as Exhibit A.
THAT, the Certificate of Designation is hereby approved.
THAT the Certificate of Designation in the form set forth in Exhibit A shall be and is
hereby issued to the Vail Honeywagon Enterprise LLC to conduct composting operations on the
land identified in the Certificate of Designation.
THAT, approval and issuance of the Certificate Designation shall be and is subject to the
conditions set forth in the letter from the Colorado Department of Health & Environment
incorporated herein and restated for convenience as follows:
(a) Compliance with the Certificate of Designation requires Vail Honeywagon
Enterprises LLC to comply with the EDOP submitted to Colorado Department of
Public Health& Environment and any future Colorado Department of Public
Health & Environment approved EDOP conditions, including both Colorado
Department of Public Health &Environment approved amendments to the EDOP
and Colorado Department of Public Health& Environment approved stand-alone
plans necessary to comply with the Solid Waste Act and Regulations
("Regulations"). Violation of the EDOP as so amended constitutes a violation of
this Certificate of Designation.This Certificate of Designation need not be
amended upon EDOP amendment unless required by Eagle County.
(b) Colorado Department of Public Health & Environment reserves the right to make
unilateral modifications to the EDOP language and conditions at any time during
the life of the Vail Honeywagon Class 111 Compost Facility, including during the
post-closure care period. The Colorado Department of Public Health &
Environment will consult with the County prior to doing so.
(c) The Vail Honeywagon Class.III Compost Facility shall comply with the public
health and environmental laws, standards, and regulations of the Colorado
Department of Public Health and Environment and all other applicable state,
federal and local rules and ordinances.
(d) Vail Honeywagon Enterprises LLC shall not accept waste into the Vail
Honeywagon Class III Compost Facility until a Certification Report certifying that
the Vail Honeywagon Class III Compost Facility has been constructed in
accordance with the approved design (as specified in the EDOP) signed by a
Professional Engineer registered in Colorado has been submitted to, and approved
by, the Colorado Department of Public Health & Environment and the local
governing body.
(e) In accordance with Section 1.8 of the Regulations, Vail Honeywagon Enterprises
LLC of the Vail Honeywagon Class III Compost Facility shall provide
independent third-party cost estimates for closure and post-closure care, to the
Colorado Department of Public Health & Environment and Eagle County. Vail
Honeywagon Enterprises LLC is not allowed to accept waste until the Colorado
Department of Public Health &Environment, in consultation with Eagle County,
has approved the Vail Honeywagon Class III Compost Facility's financial
assurance. Please note that pursuant to the requirements of Section 1.8.3 of the
Regulations, the closure and post-closure cost estimate must be adjusted annually
to account for inflation or deflation by using the implicit price deflator for the
gross domestic product. Additionally, Vail Honeywagon Enterprises LLC must
revise the original cost estimate every 5 years unless otherwise required by the
Colorado Department of Public Health & Environment. Both the annual
adjustment and the 5-year update cost estimates must be submitted to the
Colorado Department of Public Health & Environment for review and approval.
(f) Vail Honeywagon Enterprises LLC shall notify the Colorado Department of
Public Health & Environment's Air Pollution Control Division (APCD)and
obtain the appropriate APCD permits for this Facility.
(g) Vail Honeywagon Enterprises LLC shall notify the Colorado Department of
Public Health& Environment's Water Quality Control Division (WQCD) and
obtain the appropriate WQCD permits for this Facility.
(h) Vail Honeywagon Enterprises LLC shall notify the Department of Natural
Resources, Division of Water Resources and obtain the appropriate permits for
this Facility.
THAT, approval and issuance of the Certificate of Designation shall be and is subject to
the EDOP as approved by the Colorado Department of Health & Environment and as amended
from time to time. Each future amendment of the EDOP shall not require a modification or
amendment to the Certificate of Designation unless required by state statute.
THAT, Vail Honeywagon Enterprises, LLC by acceptance of the Certificate of
Designation agrees that said Certificate is subject to revocation by the Board if it fails to comply
with this Resolution, any of the aforementioned conditions as delineated herein, and any other
rules, requirements or regulations as adopted by the Board from time to time pursuant to C.R.S.
§ 30-20-101 et. seq.
THAT, the Board hereby authorizes any commissioner to execute the Certificate of
Designation in the form attached as Exhibit A.
THAT, the Board finds, determines and declares that this Resolution is necessary for the
public health, safety and welfare of the citizens of the County of Eagle, State of Colorado
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held March 27, 2018.
COUNTY OF EAGLE, STATE OF
o v- ,LE c% COLORADO, By and Through Its
ATTEST: 4 ,1_ * BOARD i F C• NTY C•, IS ONERS
f
v1lA- M�YLtu..0 �` COLo o" By: "r at /( i : e . (171
Clerk to the Board of Kat Chandler-/Henry,Chair
btM'. r`� �.- -��- ,�„�; x /
Jillian R an,Commissioner
•(Y!
eanne Mc e , Commissioner
Commissioner eitliarvo L L.- {-\f.o412=+seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry _ • •
Commissioner Ryan5A r
Commissioner McQueeney _ 4 k •
This Resolution passed by l0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
EXHIBIT A
COUNTY OF EAGLE
BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
CERTIFICATE OF DESIGNATION
CLASS III COMPOST FACILITY
In accordance with the provisions of the Colorado Solid Waste Disposal Sites and
Facilities Act, Colorado Revised Statutes, Title 30, Article 20, the Board of County
Commissioners (hereinafter "the Board") of Eagle County, Colorado, hereby issues its
Certificate of Designation issued on March 27, 2018 and designates the following site for
disposal of solid wastes, specifically composting:
Vail Honeywagon Enterprises, LLC- Location of Site:
Lot 4, Ute Creek Storage PUD
Eagle County,Colorado
955 Ute Creek Road,Wolcott, CO
Containing 15 acres.
Type of Site or Facility: Type III Composting Operation
Name and Address of Certificate of Designation Holder: Vail Honeywagon Enterprises LLC
Eden Scott
10100 E. 102"d Avenue
Henderson,CO 80640
This certificate is issued subject to the laws of the State of Colorado, specifically the
provisions of Title 30, Article 20, Colorado Revised Statutes, as well as pursuant to the terms
and conditions pursuant to Eagle County Resolution No. 2018 entitled Resolution
Approving and Authorizing any County Commissioner to Execute the Certificate of Designation
for the Vail Honeywagon Class HI Compost Facility.
This certificate of designation may be temporarily suspended or revoked, after reasonable
notice and public hearing, for failure of this site and facility to comply with all applicable laws,
resolutions, and ordinances; or, to comply with the provisions of C.R.S. Title 30, Article 20; or,
any rule,regulation or resolution adopted pursuant thereto.
•
IN WITNESS WHEREOF, the Board has executed this Certificate of Designation as of
the day of , 2018.
THE COUNTY OF EAGLE STATE OF
COLORADO, By and Through its BOARD
OF COUNTY COMMISSIONERS
ATTEST:
By:
Regina O'Brien Kathy Chandler-Henry,Chair
Clerk to the Board of Commissioners
TO BE POSTED IN A CONSPICUOUS PLACE