Colorado Sues Adams County for Misuse of
Funds
9/22/2008 - DENVER - The Colorado
Department of Public Health and Environment today filed suit
in Adams County District Court against the Adams County
Board of County Commissioners charging the county
misappropriated more than $750,000 in funds to sue the
State. Adams County maintains a hazardous waste disposal
site fund, into which tipping and annual fees are paid by
the only hazardous waste disposal site in the county. The
site is operated by Clean Harbors at its Deer Trail
facility. The waste disposal funds are
specifically designated by the state legislature to offset
direct costs of increased state, county and municipal
services such as the improvement and maintenance of roads
and bridges, fire protection, law enforcement, monitoring by
county or municipal health officials, and emergency
preparation and response. Contrary to state law, Adams
County officials have used the hazardous waste funds to pay
attorney’s fees and costs associated with their litigation
against the state health department in an attempt to
overturn state licensing and permitting decisions.
Gary Baughman, director of the Hazardous Materials and Waste
Management Division at the state health department
explained, “Adams County’s responsibility is to follow the
directive of the state legislature and use the hazardous
waste funds only for the legally authorized reasons. Funds
that have been used outside the scope of the law must be
paid back to the hazardous waste fund.” In
addition to repayment of the hazardous waste funds, the
State is seeking an injunction to prevent future misuse of
the hazardous waste fund by Adams County, and civil
penalties of up to $10,000 per day for violations of the
Hazardous Waste Siting Act. |
