17.176.050 Application Requirements

Chapter 17.176 HAZARDOUS WASTE INCINERATOR OR PROCESSOR SITE CERTIFICATE OF DESIGNATION

17.176.050 Application Requirements.

A. General. All applications for a Certificate of Designation to permit the location, construction, operation or closure of a hazardous waste incinerator or processor in the unincorporated portions of Pueblo County shall comply with the provisions of the Act and the requirements of these regulations. Applications not in compliance with such provisions and requirements shall be deemed to have not been received by Pueblo County and no further action shall be taken by Pueblo County on such an application until the same is brought into compliance.

B. Required Submittals. All applications for a Certificate of Designation pursuant to the Act shall include or be accompanied by the following information:

1.   The location of the proposed incineration or processing site and the location of the proposed incinerator or processor on that site.

2.   The owner or owners of the land upon which the proposed incinerator or processor site is to be located, as well as the person, persons, entity, or entities proposed to construct, operate, and maintain and demolish or remove such facility upon closure or project completion. Information for all such persons or entities should include, but not be limited to, name, title, address, telephone number, fax, email address, and designated contact person along with that person’s name, title, address, telephone number, fax, and email address.

3.   The types of hazardous waste or materials to be accepted or rejected for incineration or processing and the current location of the hazardous waste and/or materials to be accepted.

4.   The type or types of incinerator or processor by-product requiring disposal and disposal plans.

5.   The method of supervision of the incineration or processing process.

6.   All anticipated access routes to be used to and from the site within Pueblo County.

7.   A complete copy of all applications for all permits made by the applicant or its agents to the State of Colorado, the United States, or any local government, or any agency or agencies thereof including, but not limited to, the Colorado Department of Public Health and Environment (CDPHE) and the Environmental Protection Agency (EPA), related to the proposed incinerator or processor site. Specifically, if the applicant has applied to the State for a permit under the Resource Conservation and Recovery Act of 1976, 42 U.S.C., Section 6901, et. seq. (RCRA) and/or regulations promulgated pursuant thereto, whether such application is for a Part A, Part B, RD&D, or any other type of permit, a complete copy of that application shall be submitted. In addition, the applicant must submit a complete copy of any support documentation, including but not limited to, Multi-Pathway Health Risk Assessment, or any similar assessment, which has been performed in connection with the proposed incinerator or processor by or at the request of any federal, state, or local agency.

8.   A complete copy of all findings and conclusions made by the State of Colorado, the United States, or any local government, or any agency or agencies thereof in conjunction with its review of the permit applications referenced in paragraph 7 of this subsection, as well as a complete copy of any permits issued by the State of Colorado, the United States, or any local government, or any agency or agencies thereof, to the applicant or its agents. No application for a Certificate of Designation under the Act and these regulations shall be complete or deemed to have been received by Pueblo County unless all other permit approvals required by State and/or federal law, have been granted, approved or issued and proof of such grant, approval or issuance has been submitted with the application for Certificate of Designation. The issuance of any draft permits by the CDPHE or other regulatory body shall constitute issuance of those permits. If any final permit is different in any respect from its draft permit, then the owner or operator shall refer those differences to the County for determination and direction as to whether the difference constitutes a substantial change for which an amendment is required pursuant to Section 17.176.090.

9.   Written statements along with supporting documentation available to the applicant addressing, in detail, the applicant’s position on each of the following issues:

a. Whether the proposed incinerator or processor at the particular identified site poses a significant threat to the health and/or safety of the public and/or the environment considering:

i. the density of population in the areas neighboring the proposed site;

ii. the density of population in areas adjacent to access roadways to the site and which lie within a fifty mile radius of the proposed site; and

iii. the risk of accidents occurring during the transportation of any wastes to, from, or at the proposed site.

b.      Whether the applicant, the owner, or any agent engaged or to be engaged by the applicant or owner has the financial ability to construct and operate the proposed incinerator or processor, and to perform required post-operation closure and clean-up activities.

c.      Whether, considering its prior performance records, the applicant, owner, or any agent engaged or to be engaged by the applicant or owner has, and can document that it has sufficient reliability, expertise, and competency to operate and manage the proposed hazardous waste incinerator or processor.

d.      Whether the proposed site conforms to the comprehensive land use plans and relevant land use regulations of Pueblo County, which regulations include, but are not limited to, Titles 12, 16, and 17 of the Pueblo County Code, as amended. Supporting documentation should include, but not be limited to: plans for road and/or rail access to the facility; plans for construction and improvements supporting the related transportation needs of the facility during the construction, operation, maintenance, and demolition phases of the project; other infrastructure improvement plans such as communication systems, electrical, gas, water, and sewer utility systems; drainage plans; fire suppression plans; hazardous material spill mitigation and clean up plans; proposed hours of operation; and expected duration of the project.

e.      What effect the planned incinerator or processor will have on the surrounding property taking into consideration the type of processing to be used and wind and climatic conditions. Supporting documentation should include, but not be limited to, a study or studies of the impact that the construction, operation, maintenance, and demolition or removal of the proposed incinerator or processor will have on any agricultural activities surrounding the site, the infrastructure surrounding the site (roads, bridges, rail, electricity, water supplies, sewer, and gas, etc.), and community support services (schools, housing, social services, law enforcement, emergency services, etc.). The supporting documentation may also, but is not required to, include any proposed plans or recommendations of the applicant or its agents of how to best address or mitigate those impacts.

f.       A statement from the applicant, owner or agent of the facility that any and all construction done in support of this project will be consistent with County building code requirements, if applicable.

10. The application fees required by Section 17.176.070 of these regulations.

11. If a phased project is contemplated by the owner or applicant, whether at the construction operation, maintenance, or demolition or removal stage, a plan describing each such phase of the project and all activities that are contemplated under each such phase. The plan should describe each phase of the project in detail to the greatest extent possible based upon the information available at the time the application is submitted. The applicant shall send updates to the County of new details of the plan as those details are determined and developed throughout the course of the application submittal and review process, as well as throughout the development of the project after a certificate is granted.

12. The annual estimated operating cost of or the annual estimated gross revenue received for the incineration or processing of hazardous wastes by the hazardous waste incinerator or processor.

C. Other Information. The applicant may submit such other information it deems relevant to the consideration of its application for a Certificate of Designation.

In addition, Pueblo County may request additional information and/or documentation from the applicant, which it reasonably deems relevant to its review of the application. The applicant, owner, or any agent shall provide such additional information along with all other information and submittals required by the Act or these Regulations and the Certificate of Completeness shall not be issued until such additional information has been submitted. However, if such request or requests for such additional information are not made by the County at the time of the initial filing of the application, or within one hundred and twenty (120) days of the submission of all other information or documentation required by the Act or these Regulations, then such additional requests for information shall not prevent or delay the issuance of the Certificate of Completeness referenced in Article III of these regulations.

D. Submission. The applicant shall submit the original and ten (10) copies of the completed application to the Director of Planning and Development, Pueblo County, Colorado, 229 West 12^th Street, Pueblo, Colorado 81003-2819. All sections of the application do not have to be submitted at the same time for review. The applicant may submit various sections of the application over a period of time in order to allow an expedited staff review by the County. However, the County will not issue a Certificate of Completeness pursuant to Section 17.176.060 until all requirements contained in the Act and these Regulations are complied with or addressed. The submittal of an application for a Certificate of Designation may be submitted concurrently with any other permit applications applicable to the proposed project, including an application submitted to the State of Colorado for a RCRA permit. A project may be pursued in phases with the various phases being considered for permitting in a single application with conditions, multiple applications, or with succeeding phases being considered as amendments to the original application. The applicant must inform the County if it proposes to pursue the project in phases. The County, within its sole discretion, shall determine if phasing is appropriate for a project, and, if so, whether the contemplated phasing shall be permitted through conditions to a single application and certificate of designation, multiple applications and certificates, or amendments to an original application and certificate. The County shall make such determination as to the appropriateness of a project for phasing and whether it shall be pursued through conditions, multiple applications, or amendments within thirty (30) days of a request for such determination by an applicant.

E. Verification. Each application for a Certificate of Designation under the Act shall be verified by an officer of the applicant authorized to act on its behalf and shall include a verified representation that all representations in the application are true and accurate.