BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF RIO BLANCO
ST ATE OF COLORADO
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
RIO BLANCO COUNTY, COLORADO,
APPROVING A SPECIAL USE PERl'\fIT (SUP 10-04) FOR THE
RN INDUSTRIES INC. EXPANSION OF ITS RANGELY SOLID WASTE DISPOSAL
FACILITY, IN RIO BLANCO COUNTY, COLORADO
WHEREAS, RN Industries Inc. (RNI), the owner and operator of a solid waste disposal
facility located in Sections 15 and 16, Township 2 North, Range 102 West of the 6th P.M., Rio
Blanco County, Colorado, has applied for a Special Use Permit for expansion of its RNI Rangely
Solid Waste Disposal Facility and Ancillary Facilities; and
WHEREAS, the Rio Blanco County Planning Commission conducted public hearings on
the Application on April 22, May 27, and June 17,2010, upon notice duly given; and
WHEREAS, the Planning Commission, at the June 17, 2010 meeting, voted 5 forl1
against to recommend to the Board of County Commissioners of Rio Blanco County (Board)
approval of the Special Use Permit subject to all mitigation measures described in the January
2010 Application and subject to the minimum conditions of approval listed below; and
WHEREAS, the Board has reviewed applicable Colorado Statutes, the Rio Blanco
County Master Plan, the Rio Blanco County Land Use Resolution, the materials submitted by
RNI, the materials submitted by members of the public at the various hearings, the Planning
Commission recommendations, and upon notice duly given conducted its own hearing on the
Application in Rangely on December 20,2010.
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF RIO BLANCO
COUNTY FINDS AS FOLLOWS:
A. The application is complete; and
B. The public hearing before the Board of County Commissioners was extensive and
complete, pertinent facts, matters, and issues were submitted, and any interested parties
were given an opportunity to be heard at the hearing; and
C. The property is appropriately zoned for the Project; and
D. The Special Use Permit application meets the requirements of Sections 54, and 224 of
the Land Use Resolution (LUR) as well as all relevant standards specified in Article X of
the LUR; and
E. RNI has paid the appropriate application fee; and
F. The record is complete; and
G. The proposed Special Use Permit is in the best interests of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Rio Blanco County.
THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Rio
Blanco County, Colorado, that a Special Use Permit, 10-04, for the RN INDUSTRIES INC.,
RANUEL Y SOLID WASTE DISPOSAL FACILITY EXPANSION is hereby approved, subject
to the following conditions:
1. RNI must implement all mitigation measures described in the Special Use Permit
application, the County Environmental Assessment, and the supporting documents.
2. In coordination with the County Planning and Development Department and the
Environmental Health Department, RNI must develop and submit detailed predictive air
models, considering VOCs and Methanol for the Rangely site for approval by the
3. In coordination with County Planning and Environmental Staff, RNI must develop and
submit a detailed air sampling program for the Rangely site, based upon the predictive air
models. This sampling program must be approved by the County Planning Director
before [mal approval of the SUP by the Board of County Commissioners.
4. Approval of the SUP initially permits the construction and operation of no more than 3
additional ponds at the site. Additional ponds, up to a total of21 at the Rangely site will
be allowed, in groups of no more than 3, provided operations at the sites are in
compliance with all conditions of the approved SUP. The additional ponds may be
administratively approved by the County Planning Director.
5. RNI must permit, construct and operate an ISDS at the site. Portable toilets will not be
6. RNI must submit for approval by the County Planning Director a groundwater monitoring
plan before approval of the Certificate of Designation.
7. Weeds must be controlled in accordance with the weed management standards stated in
the SUP application and the Rio Blanco County Land Use Resolution standards.
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8. At least 10 days prior to the start of construction and as any changes are made, RNI must
submit an updated Emergency Response notification/contact list to the Sheriffs Office
and shall submit an updated Emergency Response Plan as changes are made.
9. Bear-proofrefuse containers must be provided for trash at all locations.
10. The volume of sound generated by the permanent equipment must not recurrently exceed
65 decibels at the project boundary line.
11. The facility must be identified with proper signage, including site name, location,
owner/operator, contact numbers, emergency contact numbers, and presence of any
special hazards or hazardous materials.
12. The absolute minimum amount of outdoor lighting needed to comply with OSHA
standards must be installed and shall be downcast in addition to being the least intrusive
shade and type of lighting.
13. RNI must obtain all necessary permits and licenses for all vehicles, portable office units,
modular housing, equipment, and special mobile machinery used in Rio Blanco County.
14. All activities related to the use of County Roads must have the necessary Right of Way
Access Permit, Utilities Installation Permit, and Special Transport Permits for any
oversize loads from the Rio Blanco County Road and Bridge Department.
15. Any damage to County Roads resulting from RNI activities must be fully repaired or
mitigated to the satisfaction of the Rio Blanco County Road and Bridge Department.
16. RNI must implement a policy of zero tolerance and immediate dismissal of an employee
from the project which is the subject of the Special Use Permit (the "Project"), if the RNI
becomes aware that an employee of RNI is convicted of or pleads gUilty, either by straight
plea or a deferred sentence, to any of the following motor-vehicle offenses while working
on the Project: No Valid Operator's License CRS 42-2-101; Driving Under Restraint
CRS 42-2-138 (1)(a); Reckless Driving CRS 42-4-1401; Speeding 20+ MPH Over the
Limit CRS 42-4-1101 or MTC 1101(1); Illegal or Improper Passing CRS 42-4-1002
1005 or MTC 1003 and 1005; Driving While Ability Impaired or Driving Under the
Influence CRS 42-4-1301. This policy must include all vehicle operations both on the
job and transportation to and from the Project. Dismissal under this condition is required
unless it is determined by RNI that sufficient mitigating circumstances exist that warrants
a reduced level of discipline. RNI will notifY the County in the event of such
determination. Disclosure to employees and discussion of this policy must be included in
regular company safety meetings and documentation that this requirement is being met
must be available for inspection following reasonable notice at the request of the Rio
Blanco County Planning and Development Department. RN1 must notifY subcontractors
in writing or otherwise include in its subcontractor agreements a requirement that
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subcontractors working on the Project will comply with this condition as to its employees
working on the Project. Documentation that RNI's subcontractors are required to comply
with this condition must be available for inspection following reasonable notice by the
Rio Blanco County Planning and Development Department or the Rio Blanco County
17. RNI must pay all appropriate use and sales taxes for this project as determined by the Rio
Blanco County Sales and Use Tax Department.
18. RNI must update the County Development and Planning Department with copies of all
required annual operating reports.
19. RNI must notifY the County Planning and Development Department of any spills of
hazardous materials or mandated shutdowns because of emissions.
20. RNI must supply an Impact Fee estimate to the Rio Blanco County Planning and
Development Department and pay the Impact Fee prior to approval of the SUP.
21. In the event RNI intends the sale, lease, or otherwise transfer of the rights and/or facilities
covered under the Special Use Permit, the transferee must comply with all terms and
conditions of the Special Use Permit, including but not limited to mitigation measures
and all other requirements. Notice must be given to the Rio Blanco County Planning and
Development Department at least 30 days prior to the anticipated date of transfer. Before
transfer, the Transferee must execute written documentation agreeing to be bound by all
provisions of the Special Use Permit. Until the Transferee executes said documentation,
RNI remains responsible for compliance with all the provisions of the Special Use
Permit. The Transferee's failure to execute such documentation coupled with RNI's
failure to honor its continuing obligations are cause for revocation of this Special Use
If any section, subsection, sentence, clause, phrase or portion ofthis Resolution is, for any
reason, held to be invalid or unconstitutional by the final decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions ofthis
Resolution. The Board of County Commissioners of Rio Blanco County, Colorado declares that
it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or
portion herein, despite the fact that anyone or more sections, subsections, sentences, clauses,
phrases, or portions would be declared invalid or unconstitutional.
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DULY MOVED, SECONDED, AND PASSED ON A VOTE OF ~ FOR AND ~
AGAINST, THIS .J.O DAY OF DECEMBER, 2010.
THE BOARD OF COUNTY
RIO BLANCO COUNTY, COLORADO
Kenneth C. Parsons, Chainnan
Kai M. Turner, Commissioner
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