2013-05-30_REVISION - M2001085 - Laserfiche WebLink

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May 21, 2013 Mr. Eric Fenster, Esquire Technical Review Comments: Application for Certificate of Designation, Proposed Henderson Inert Landfill, Adams County, Colorado Page 2 The Division reviewed the Application to determine its compliance with the requirements set forth in the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Parts 1 and 10 (Solid Waste Act) of the Colorado Revised Statutes (CRS), as amended, and with the regulations promulgated there under: the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007 -2, Part 1 (Solid Waste Regulations). In accordance with the Solid Waste Statute, CRS 30 -20 -103 (2), a "completeness review" of the Application is required within thirty (30) days of the receipt of the Application. The Division conducted the completeness review and on February 22, 2013, the Division issued written notification that (1) the Division had determined the Application to be complete, and (2) it was not the intent or purpose of a "completeness review" to imply anything concerning the final approval (or disapproval) of the Application. aa* e i aste S Me, 30 -20 -103 (2), a "technical evaluation" of the Application q d afte th ss r'�bconducted. The Division has initiated the technical evaluation and as one hundr fifty days to complete the activity. Herein the Division is requesting additional information in order to clarify aspects of the Application before completing the technical evaluation. During the technical evaluation, the Division will initiate a written public comment period of thirty (30) calendar days following the issuance of a public notice. As of the date of this letter the Division has not initiated the public comment period and will provide notice of such comment period when it occurs. The Division anticipates initiating the public comment period as soon as practicable. A formal recommendation of approval, approval with conditions, or disapproval of the Application per the Solid Waste Regulations will be made after the Division has reviewed the requested information, any additional information, as well as any public comments received. As noted in our completeness review letter dated February 22, 2013: For your information and use in achieving timely review /approval of this Application from all appropriate parties, (1) attached for your review is a Solid Waste Compliance Bulletin, "Certificate of Designation (CD) as a Solid Waste Disposal Site," dated December 2010; and (2) please note that the Solid Waste Statute, CRS 30 -20 -104, states: (3) (a) Prior to the issuance of a certificate of designation, the governing body having jurisdiction shall require that the report, which shall be submitted by the applicant under section 30 -20 -103, be reviewed and a recommendation as to approval or disapproval be made by the department and shall be satisfied that the proposed solid wastes disposal site and facility conforms to the local government's comprehensive land use plan and zoning restrictions, if any. Any technical conditions of approval made by the department in its final report shall be incorporated as requirements in the certificate of designation. The application, report of the department, comprehensive land use plan, relevant zoning ordinances, and other pertinent information shall be presented to the governing body having jurisdiction at a public hearing to be held after notice. Such notice shall contain the time and place of the hearing, shall state that the matter to be considered is the applicant's proposal for a solid wastes disposal site and facility, shall provide a description of such proposed site and facility, and shall provide a description of the geographic area that is within three miles of such proposed site and facility. The notice shall be published in a newspaper having general circulation in the county or municipality in which the proposed