Waste Oil Recycling Facility Blocked by NIMBYS in Industrial Area

UPDATE: Thanks for all your help! The zoning comission upheld Co Bioenergy’s recycling permit, allowing them to get back to the business of taking used oil and trap grease and turing it into something useful again.

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A local biodiesel company is in danger of losing its permit to recycle used vegetable oil in an industrial area of north Denver. Please send the following requests to anyone you know who might be willing to help out with an email of by showing up to the meeting tomorrow morning.

Doing any of the following will help!

  • Send an email to Janice Tilden, janice.tilden@ci.denver.co.us, stating your support for BioEnergy of Colorado’s oil recycling efforts in the Elyria nighborhood. Here is a draft letter (make sure to include your address and contact information.)
  • Call Ms. Tilden at (720) 913-3050 and express your support for Bioenergy of Colorado
  • Show up to the hearing to support Bioenergy.
  • When: Tuesday, October 2nd at 11AM.
    Where: Web Municipal Office Building
    201 West Colfax Ave. Room 2.H.14
    2nd Floor ­ ask for the Board of Adjustment Hearing Room
    Who: BioEnergy of Colorado, LLC 4875 National Western Dr. (303) 887-6997
    Opponent: Elyria Neighborhood Assoc., Tom Anthony, President

  • Pass on the word to others you know who can do any of the above.
  • More information from BioEnergy of Colorado:

    In February of this year, the neighborhood assoc prevailed at the 1st BOA hearing where the board ruled that the Zoning Administrator erred when, in October 2006, he issued BioEnergy a conditional-use-permit to make biodiesel. Of particular interest though, they also ruled that we could continue to operate until our permit expires on October 20th, 2007 (about 3 weeks from now).
    As a back-up plan to achieve some utilization of the assets already in place, we decided to shift our business model. We applied for a use-permit to recycle used vegetable oil at this facility. In anticipation of this new application, we sought the help of the Denver Fire Department and they signed a letter of support on our behalf. We submitted the permit documentation for a ‘Recycling Facility’ about 2 months ago and we were awarded an ‘unconditional-use-permit’ which means that this activity is allowed in this zone district. No need for public hearings or special meetings with the Board of Adjustment.
    Much to our amazement, the neighborhood association, once again, appealed this decision, saying that the zoning administrator erred. Their reason will astound you. In the technical paper work that we provided the Denver Fire Department, the term ‘esterification’ (not transesterferication) was included. Esterification is the chemical reaction that occurs in the recycling process.
    Here’s the Neighborhood Association Statement;
    The Zoning Code forbids a use not specifically authorized. The applicant’s filing documents stating “the waste oil recycling process is technically known as an ‘esterification process’.” “Esterification Facility” is not authorized as a use in the Zoning Code and therefore the administrator erred.
    Denver’s Board of Adjustment decided to take this appeal and we need your support by attending this hearing in big numbers. The neighborhood association’s tact has been to attack us, our business practices, and even us personally. This is not a hearing about BioEnergy of Colorado; it is a hearing whether a recycling facility can be located in an I-2 Zone district. The next hearing could and probably will be about your expansion plans in the area.
    What’s at risk: The most valuable resource, time, that we all have spent to pave the way toward a greater use of biofuels. The many million$ invested in technology, capital equipment, infrastructure and marketing trying to get the word out about our great businesses. The local market is at stake. The Denver Biodiesel Coop can buy fuel from out of state from someone who bought it, from someone else who made it, and pay all the foreign markups and transportation costs. Or, they can buy it directly from a local supplier….a neighbor …and, much more.

    Contact:
    Tom Foley
    BioEnergy of Colorado, LLC
    Cell (303) 887-6997
    TommyFoley AT Comcast DOT net

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