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Lake County questions $14,000 CDPHE invoice for landfill air-curtain burner review

2391320 · February 26, 2025
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Summary

County staff said Colorado Department of Public Health and Environment billed for 90 hours of processing time related to an air-curtain burner permit; staff say statute requires notification before exceeding 30 hours and requested a hold on enforcement while they seek clarification.

Lake County officials raised a dispute over a roughly $14,000 invoice from the Colorado Department of Public Health and Environment (CDPHE) tied to permitting and technical review for use of an air-curtain incinerator at the county landfill.

Michael (county staff member) said the county received a bill for approximately $14,000 that staff believe reflects about 90 hours of outside work. He told commissioners that state law requires CDPHE to notify the permittee if projected processing time will exceed 30 hours. "By law, we must notify you regarding a total processing time initial plus final is anticipated to exceed 30 hours," Michael said, and staff said they received no such notice before the invoice.

Commissioners asked staff to request a detailed breakdown of the billed hours and to send a letter asking CDPHE not to enforce payment until the county receives an explanation. Staff said they have a limited professional-services budget that could absorb small fees but not this scale without further direction.

The invoice arose in the context of a multi-year permitting process: staff said the county had sought a permit to operate an air-curtain burner and encountered an extended review that previously delayed use of the burner at the landfill. Commissioners asked that staff coordinate with state contacts, identify whether CDPHE had waived the notice requirement and pursue an appeal or clarification as appropriate.

Ending: Commissioners directed staff to draft the requested letter to CDPHE, ask for a breakdown of hours, and seek to postpone enforcement of the invoice pending clarification.