HomeMy WebLinkAboutbocc.res.095.1974 PITKIN COUNTY
BOARD OF COMMISSIONERS
P~ESOLUTION #74-95
SLUDGE DISPOSAL SITE CERTIFICATION
tl -I V
WHEREAS, The Aspen Metropolitan Sanitation District and the Aspen
Sanitation District (applicants) have requested certification by the Board
of County Commissioners of Pitkin County, Colorado (County) of the parcel
described in the "Legal Description" attached hereto, for use (pursuant to
a service program and the representations made by applicants at the hearing)
for operation of a ground disposal system for digested sewage sludge; and
for a special use permit under the Zoning Resolution; and for an exemption
from the definition of a subdivision; and
WHEP~EAS, the hearings were held on the llth day of November, 1974, which
hearings' minutes are attached hereto, wherein it was apparent that the pro-
posed site will be located in an area which is developing along rural resi-
dential land uses; and
WHEREAS, the ground disposal methods proposed herein could be highly
beneficial to the land in question and could permit the recycling and
reutilization of nutrients from the digested sewage sludge, both of which are
considered desirable; and
WHEREAS, the proposed program will be incompatible with adjacent and
proposed land uses for the area unless it is meticulously and carefully
managed; and
WHEREAS, certification should not be granted absent the imposition of
conditions which require that the installation and operation of the site
shall have "no significant adverse effect" on the adjacent land ownerships
or the public; should require the installation and operation of a monitoring
system during the entire course of the operation; and should provide for
annual hearing to determine the continued compliance thereof with the conditions
of this Resolution, permitting subsequent determinations that the certification
of said use should be rescinded or terminated if it appears that the represen-
tations of the districts that the installation will have no significant adverse
effect are proved to be incorrect in practice;
NOW THEt~EFORE BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado, as follows:
1. Grant of Certification, Special Use Permit and Exemption from th~
Definition of a Subdivision. The installation of the proposed sludge disposal
site by the applicants i~ hereby certified, pursuant to Section 36-23-5,
q5
C.R.S. 1963, as amended, and the Board of County Commissioners hereby deems
that a Certificate of Designation for the parcel described in Exhibit A
(attached hereto) shall be granted to the applicants in the form attached
hereto as Exhibit B, said certificate to be subject to temporary suspension
or revocation as provided by Section 36-23-13, C.R.S. 1963 and this Resolution,
and approved as a speeial review use, and an exemption to the definition of
a subdivision is hereby granted subject to the following conditions, violation
of which shall be cause for decertification and termination of said special
use permit after notice and hearing: ground disposal operations, as outlined
at the hearing, shall occur solely within sites l(a) and l(c). No operations
shall occur on site 2, nor on the ll-acre parcel southerly of the right-of-
way (Denver and Rio Grande) - said ll-acre site is not certified or approved -
until access is afforded and a similar detailed operational plan is presented
at a public hearing after an adequate trial for operations on sites l(a) and l(c).
2. Agreement of Districts. The Aspen Metropolitan Sanitation District
and Aspen Sanitation District shall by separate resolution unconditionally
agree to and accept the provisions of this resolution and shall not commence
operation until resolutions approved by the County Attorney as being consistent
herewith have been delivered to the County and made a part of the record herein.
Upon receipt and approval as aforesaid, such Resolution shall constitute and
be enforceable as an inter-governmental contract by the County.
3. Safety and Monitorin$ Program. The Districts shall install such
reasonable soil, ground water, run-off water and odor monitoring and manage-
ment facilities as the County, acting through the County Health Officer, shall
from time to time require to permit the determination by the County and other
public officials that the location or operation of the sludge disposal facility
meets the objective performance standards set out below:
(a) The Districts shall undertake the installation of shallow and
deep test lysimeters and the testing of the two (2) private wells and springs
in the immediate vicinity in accordance with their representations at the
hearing and shall report the base information concerning underground water
quality to the County Health Officer prior to the commencement of any sludge
waste disposal activities at the site and shall take such other like measures
to monitor any claimed contamination of domestic or other wells in the area
which could be attributable to the operation of the site. The County may monitor
each well on a regular basis reporting the results to the owner, the applicants
and the County Commissioners. Such program to be carried out at the cost
of the applicants.
(b) In the event that contamination shall occur with respect to
adjacent wells or otherwise, the applicants shall upon notice cease operation
and, at applicants' expense, shall install any and all devices and take any
and all corrective measures on the property of private owners as shall be
necessary to correct and prevent the same, insofar as such contamination
shall have been proximately caused by applicants' operations.
4. Required Performance Standards. The installation shall not be
operated except in accordance with the following standards:
(a) No odor, offensive to persons of normal sensibility, referable
to digested sewage sludge shall be discernable beyond the property lines of
the site;
(b) Surface run-off from the site shall be contained entirely within
the site, and run-off from other locations, including run-off from extraordinary
storm or moisture situations shall be diverted around the site to natural
drainage channels;
(c) No loud or offensive noise (except noise associated with inter-
mittent use of necessary construction vehicles and pumps) applicable to the
operation of the site shall be audible beyond the boundary lines of the site;
(d) No pathogens or potentially harmful microorganisms or contaminants
shall be permitted to escape into ground waters leaving the boundaries of the
site;
(e) Material disposed on the site or resulting from disturbances of
the surface in connection with the operations at the site shall be retained and
managed in a fashion that prevents unhealthy quantities of dangerous pathogens
from leaving the site;
(f) The site shall be made reasonably secume from unauthorized entry
and the applicants shall take all appropriate measures to obstruct access to
active sludge disposal areas where the possibility exists for the carrying of
pathogens or microorganisms from the site by humans;
(g) The applicants shall conduct any and all reasonable soil monitoring
programs to permit assessment by the County of potentially harmful concentrations
of pathogens, microorganisms, heavy metals and the like;
(h) No solid wastes other than soil cover material and stabilized
digested sewage sludge, substantially without offensive odor, shall be disposed
of on the site; stabilized sludge means sludge containing between 40% to 55%
ash.
(i) The portions of the site utilized for active sludge disposal
operations shall be screened by vegetation.
(j) The Districts or their operations shall take all reasonable
steps necessary to guarantee the representations made by them or their represen-
tatives at the hearing to prevent environmental degradation of the area or pollu-
tion or contamination of the area;
(k) The Districts shall restrict the utilization of public roads in
the area so as to prevent congestion thereof and shall not, without further approval,
initiate more than ten (10) round trip sludge truck deliveries to the site per
day. No enlargement of this use, or delivery of sludge by other means
(e.g. pipeline) shall occur without amendment of this Resolution after
additional hearings by the Board of County Commissioners;
(1) Hours of operation shall be limited to 8:00 a.m. to 5:00 p.m.
seven days a week, except in occasional emergencies when operations shall not
be conducted after 9:00 p.m.
5. Violations; Hearings. Any person aggrieved by a failure by applicants'
to comply with the terms and conditions hereof shall have standing to enforce this
Resolution or any amendments h~reto by lawful litigation or administrative
proceedings. In the event that the County determines that probabl~ cause exists
to believe that the applicants are not acting in compliance herewith, the
County may require applicants to cease operations within twenty-four (24)
hours after delivery of written notice to such effect for a period not exceeding
thirty (30) days, during which time a hearing shall be held to determine whether
such noncompliance exists. At such hearing, the County shall have the right
to take any action which could be taken at an annual hearing as hereafter
specified.
On or before February 15 of each year, the Districts and the County shall
select a date for a public hearing and shall publish notice thereof, at which
hearing the Board of County Commissioners shall review actual and proposed
management practices for the site and shall give the public an opportunity to
object to the continued operation of the site if the same is causing adverse
impacts~ upon adjacent lands. At the conclusion of such hearing the Board of
County Commissioners, if substantial evidence warrants it, may amend the
foregoing certification; may continue it in effect; may impose reasonable
additional conditions for the protection of the public, or adjacent lands; or
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(in the case of material violation or deviation by the Districts from the
conditions hereof) may terminate said certification and require the Districts
to terminate the operation within a reasonable time to be specified by the
Board of County Commissioners. Similar hearings shall be held annually
throughout the duration of the aforesaid disposal program until such time as
the Board of County Commissioners determines that said hearings may be dis-
continued.
6. Record Made; Amendments. The service plan, maps, hearing transcript
and resolutions referred to herein shall constitute and contain the applicants'
program and undertakings herein, which shall not be materially changed or modified
without submission thereof in writing and approval after public hearings by the
County. (Nothing herein shall be construed as depriving the Board of Directors
a~d managers of the applicants of the power to perform the duties imposed on them
by law to manage the affairs of this respective Districts.)
APPROVED this I~ day of November, 1974.
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
by
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