HomeMy WebLinkAbout20121141.tiff Memorandum
TO: Honorable Sean P. Conway, Chair,
• Board of County Commissioners
- 0u N T 'r FROM: Troy Swain, Weld County Department of
Public Health & Environment
DATE: April 25, 2012
SUBJECT: A-1 Organics Highway 66 (Platteville)
Composting Facility
The Department respectfully submits to the Board of County Commissioners the Colorado
Department of Public Health and Environments clean closure and release of financial assurance
and the Weld County Department of Public Health and Environment determination that the
facility has been closed in accordance with closure plans.
This information is submitted in order to satisfy the following provision of the Board of County
Commissioners, October 31, 2011, Resolution regarding vacation of A-1 Organics (Highway 66)
Composting facility's USR and Certification of Designation:
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners
of Weld County, Colorado, that the USR and CD be, and are hereby are, vacated
conditioned, however, upon receipt by the Board of a clean closure approval and
release of financial assurance by the Colorado Department of Public Health and
Environment and a determination by the Weld County Department of Public
Health and Environment that the site has been reclaimed in accordance with the
Closure Plan.
After the Boards review, a copy of this document will be placed in the operating record of the A-
1 Organics Highway 66 (Platteville) Composting Facility and be recorded with the Weld County
Clerk and Recorder.
The following reference documents have been attached: October 31, 2011 Resolution Vacating
USR-1059 & Certificate of Designation (4 pages), March 19, 2012 Colorado Department of
Public Health and Environment clean closure letter(2 pages), A-1 Organics March 24, 1995
Closure Plan (1 page), and photos of the site taken April 13, 2012 (4 photos).
2012-1141
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3841828 Pages: 1 of 12
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1861 Memoranaum
leat
TO: Honorable Sean P. Conway, Chair,
Board of County Commissioners
G0 U N T Y j FROM: Troy Swain, Weld County Department off a
Public Health & Environment
DATE: April 25, 2012
SUBJECT: A-1 Organics Highway 66 (Platteville)
Composting Facility
The Department respectfully submits to the Board of County Commissioners the Colorado
Department of Public Health and Environments clean closure and release of financial assurance
and the Weld County Department of Public Health and Environment determination that the
facility has been closed in accordance with closure plans.
This information is submitted in order to satisfy the following provision of the Board of County
Commissioners, October 31, 2011, Resolution regarding vacation of A-1 Organics (Highway 66)
Composting facility's USR and Certification of Designation:
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners
of Weld County, Colorado, that the USR and CD be, and are hereby are, vacated
conditioned, however, upon receipt by the Board of a clean closure approval and
release of financial assurance by the Colorado Department of Public Health and
Environment and a determination by the Weld County Department of Public
Health and Environment that the site has been reclaimed in accordance with the
Closure Plan.
After the Boards review, a copy of this document will be placed in the operating record of the A-
1 Organics Highway 66 (Platteville) Composting Facility and be recorded with the Weld County
Clerk and Recorder.
The following reference documents have been attached: October 31, 2011 Resolution Vacating
USR-1059 & Certificate of Designation (4 pages), March 19, 2012 Colorado Department of
Public Health and Environment clean closure letter(2 pages), A-1 Organics March 24, 1995
Closure Plan (1 page), and photos of the site taken April 13, 2012 (4 photos).
3841828 Pages: 2 of 12
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Steve Moreno Clerk and Recorder, Weld County. CO
SHIM' If PAC,(1411"1 Ifi Il III
RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING USE BY SPECIAL
REVIEW PERMIT#1059 AND CERTIFICATE OF DESIGNATION FOR A COMPOSTING
FACILITY IN THE A(AGRICULTURAL)ZONE DISTRICT,AND VACATE SAID USR-1059
AND CD-LAMBLAND, INC., DBA A-1 ORGANICS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on April 27,2011,a Show Cause Hearing was conducted to consider revocation
of Use by Special Review Permit#1059 and the Certificate of Designation for a Composting Facility
in the A (Agricultural) Zone District, issued to Lambland, Inc., dba A-1 Organics, 7031 State
Highway 66, Platteville, Colorado, and
WHEREAS, Lambland, Inc.,dba A-1 Organics, is the current lessee/operator of the facility
located on property being further described as follows:
Part of the W1/2 SW1/4 of Section 20, Township 3
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,at said hearing of April 27,2011,the Board deemed it advisable to continue the
matter until May 18, 2011, at 10:00 a.m., subject to the following conditions:
1) No other waste shall be brought into the facility.
2) A-1 shall meet with the neighbors and find a solution to mitigate the damage
they have already caused.
� m 3) A-1 shall agree to vacate the USR upon closure of the facility.
o ar
rc 4) A-1 shall work with the County Departments of Planning Services and Public
ia
� Health and Environment, as well as the Colorado Department of Public
maim ,d
-Y Health and Environment, to work out key dates in regard to the closure.
a
U
�� 5) There will no grinding or movement of the static pile without the approval
Ma m o from the County Department of Public Health and Environment for a test,and
ormi; to the best extent possible,keep the plastic debris from being liberated from
the site.
NNd
Amy
�o0 6) The composted avers piles shall be encased with tackifier instead of the
jar, ct clean wood materials.
�
o
Nam 7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
0
a o' crews,consisting of approximately four(4)to twelve(12)people,daily to pick
maw
ram o_ up debris from the neighbor's properties.
Imama,o
mt. Ck Cry P L., N L A pQ� .
2011-1006
Id i3 1/ PL1006
3841828 Pages: 3 of 12
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Steve Moreno, Clerk and Recorder, Weld County, CO
IIII
DISMISS SHOW CAUSE HEARING AND VACATE USR#1059 AND CERTIFICATE OF
DESIGNATION-LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 2
8) A-1 shall continue to work with the Department of Planning Services to
investigate additional options for mitigating the potential release of plastic
debris during the grinding of the static processed pile.
WHEREAS, at said hearing of May 18, 2011, after hearing all testimony presented and
accepting the "Updated Plan to Contain and Remove Plastics and Update on Continuing Closure
Activities," dated May 17, 2011, the Board deemed it advisable to continue the matter until
August 22, 2011, at 10:00 a.m., subject to the following conditions, which also incorporate the
recommendations from the staff Memorandum, dated May 18, 2011, a copy of which is attached
hereto and incorporated herein:
1) No other waste shall be brought into the facility.
2) A-1 shall meet with the neighbors and find a solution to mitigate the damage
they have already caused.
3) A-1 shall submit a fetter requesting formal vacation of the USR and CD upon
closure of the facility, no later than August 22, 2011. (Merged with Staff
Memo#5 and modified date per Board instruction.)
4) A-1 shall work with the County Departments of Planning Services and Public
Health and Environment, as well as the Colorado Department of Public
Health and Environment,to work out key dates in regard to the closure. No
re-grading,filling,etcetera,shall occur on the site until the closure has been
reviewed and accepted by the Weld County and Colorado Departments of
Public Health and Environment. (Merged with Staff Memo#6)
5) There will no grinding or movement of the static pile without the approval
from the Weld County Department of Public Health and Environment for a
test, and to the best extent possible, keep the plastic debris from being
liberated from the site.
6) The composted overs piles and collected surface layer pile (described on
page 8 of the Updated Plan) shall be encased with tackifier instead of the
clean wood materials to prevent plastics from being liberated. (Merged with
Staff Memo#2)
7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
crews,consisting of approximately four(4)to twelve(12)people,daily to pick
up debris from the neighbor's properties.
8) A-1 shall continue to work with the Department of Planning Services to
investigate additional options for mitigating the potential release of plastic
debris during the grinding of the static processed pile.
111111111111111111 IIII III IIII!11111111 III 11111 IIII IIII
3812319 12/15/2011 02:32P Weld County, CO 2011-1006
2 of 4 R 0.00 0 0.00 Steve Moreno Clerk&Recorder
PL1006
3841828 Pages: 4 of 12
• 04/30/2012 10:58 AM R Fee:$0.00
Steve Moreno. Clerk and Recorder.. Weld County, CO
Ell FAR � IIL'�FR4�4:ri'' WI WMIIIII
DISMISS SHOW CAUSE HEARING AND VACATE USR#1059 AND CERTIFICATE OF
DESIGNATION-LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 3
9) A-1 shalt demonstrate the effectiveness of the litter control fence,described
on page 4 of the Updated Plan, to County staff no later than May 25, 2011,
assuming weather cooperates. (From Staff Memo#1.)
10) The"composted overs pile", which shall be transferred to the Rattler Ridge
facility,shall be processed with similar controls(including litter control fence)
as described in the Updated Plan. (From Staff Memo#4.)
11) The facility shall minimize dust during all operations. In no case shall dust be
allowed to migrate from the facility. (From Staff Memo#3.)
12) The Departments of Planning Services and Public Health and Environment
will monitor progress of the operation and may bring the case back before
the Board of Commissioners should any violation be observed,or should A-1
deviate from the Updated Plan. (From Memo#7.)
WHEREAS, at said hearing of August 22, 2011, after hearing all testimony presented,the
Board deemed ft advisable to continue the matter to October 31, 2011, at 10:00 a.m., to allow
adequate time to complete removal of materials and return the site to original grade,reclaim the site
in accordance with the Closure Plan, while ensuring that Financial Assurance remains in place
throughout the closure process, and then close the facility on October 31, 2011.
WHEREAS,on October 31, 2011,after hearing all testimony presented to the Board at this
hearing and previous hearings,the Board finds that A-1 Organics accepted unapproved feedstocks
and operated with a resulting litter nuisance,but has since remedied such situations by ceasing to
accept unapproved feedstock, subsequent dean-up of the property and other adjacent and nearby
impacted property,voluntary closure,and conducting an environmental site assessment for closure
purposes, which will be reviewed by the Colorado Department of Public Health and Environment
and provided to the property owner, and
WHEREAS,Lambland, Inc.,dba A-1 Organics, is requesting of the Board that the USR and
CD be vacated.
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the USR and CD be, and hereby are,vacated conditioned, however, upon
receipt by the Board of a clean closure approval and release of financial assurance by the Colorado
Department of Public Health and Environment and a determination by the Weld County Department
of Public Health and Environment that the site has been reclaimed in accordance with the Closure
Plan.
11111111111111111111111 III IIIII 11111111 Ili IIIII IIII Illl
3812310 12/15/2011 02:32P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Morena Clerk 8 Recorder
2011-1006
PL1006
•
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Steve Moreno. Clerk and Recorder, Weld County, CO
VIII F1' 6'rANAhfiVf#IL'hRIiMPt llif L'Ih j u 'I'll
DISMISS SHOW CAUSE HEARING AND VACATE USR#1059 AND CERTIFICATE OF
DESIGNATION-LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 4
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 31st day of October,A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL DO
ATTEST: j�G«Fy-�''lifJ _ <. lU 4
�'�f• .Barbara Kirkmeyer, air
Weld County Clerk to the Board /7
can P. Co ay, Pro-Tern ]BY:Deputy CI;rk to the Board � {
lut F. Garcia It � �t
APPROVED AS TO FORM: ` �.r •• 01
odvid E. Long
--" County Attorney /r2\ �
Dougla§Rademache
Date of signature: /a' /c9-
1 1111111111111111III III 1111111111111111111111111111
3812319 12115/2011 02:32P Weld County, CO
4 of 4 R 0.00 0 0.00 Steve Moreno Clerk&Recorder
2011-1006
PL1006
STATE OF COLORADO
John W.Hickenlooper,Governor
Christopher E.Urbina, MD,MPH
Executive Director and Chief Medical Officer ',e. - O
Dedicated to protecting and improving the health and environment of the people of Colorado ,R,t
4300 Cherry Creek Dr.S. Laboratory Services Division ':F here t'
Denver,Colorado 60246-1530 8100 Lowry Blvd.
Phone(303)692-2000 Denver,Colorado 80230-6926 Colorado Department
Located in Glendale,Colorado (303)692-3090 of Public Health
http://www.cdphe.state.co.us RECEIVED and Environment
MARZ92 2
March 19,2012 ENVIRONMENTAL HEALTH
Mr.Bob Yost SERVICES
Vice President 3841828 Pages: 6 of 12
A-1 Organics 04/30/e 2012
eno 10:58 AM R Fee:$0.0 Weld County.. CO
16350 WCR76St `` µ�. {l,J Clerk �,y c .r, �,e l�l� lty. fluW,`
Eaton, Colorado 80615 lIII nilj Y'1ridAKI�'i��IR�iI �II��NI�1Y�Y7'1�mlY II II
Re: Clean Closure Approval and Release from Post Closure and Financial Assurance Obligations
Al Organics—Highway 66 Organic Composting Site, Weld County, Colorado
Dear Mr. Yost:
On December 1, 2011, the Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division ("Division") received a report titled Clean Closure Summary Report Al Organics Highway 66
Organic Recycling Facility Weld County USR 1059 (Report) The Report is dated November 30, 201 I. A cover letter dated
November 30, 2011 was attached to the Report from Al Organics requesting: 1) No further post closure requirements or
conditions; 2) A notice of satisfactory completion of closure; 3) Weld County vacate the USR 1059 and the Certificate of
Designation for the Facility;and 4)Al will provide the Division with verification that at least 60%vegetative coverage of the
site has been achieved by June 15,2012.
The Al Organics-Highway 66 Organics Composting Facility (Facility) received a Certificate of Designation from Weld
County for composting operations in 1995. The 40 acre site was leased from Pete Salazar, land owner, for the use as a
composting facility until it closed in 2011. The Division was formally noticed of the closure in Al Organics' letter dated
October 8, 2010. A revised Closure Plan to achieve "clean closure", dated June 1, 2011, was submitted to Weld County and
the Division. Environmental soil sampling was conducted, in accordance with the approved July 14, 2011 Soil Sampling
Plan. Results of that sampling were presented in a soil sampling summary report received in our office on September 23,
2011.
The facility went through a"clean closure" process where soil samples were collected and analyzed to demonstrate whether
onsite soils were potentially impacted from the composting operation. Soil sample results indicated that constituent
concentrations, except arsenic, were equal to or less than the Division's Colorado Soil Evaluation Values (CSEVs) for
unrestricted use.Arsenic levels did exceed the unrestricted use value; however,background arsenic concentrations are similar
to soil sample results provided in the Report.
On November 17, 2011 Division inspectors conducted an inspection of the Facility to determine if closure activities were
complete and to evaluate the site conditions. The inspectors determined the Facility had completed all closure activities as
defined in the June 1, 2011 revised Closure Plan. All finished product, feedstocks, in process composting and bulking
materials have been removed from the site. The site has been graded and reseeded with native grasses. No groundwater or
gas monitoring had been conducted while the Facility was operating and is not required by the closure plan.
With respect to financial assurance, it is our understanding that Bond#103198325, issued by Travelers Causality and Surety
Company of America.provides the financial assurance mechanism for two of Al Organics' composting facilities: Lost
Antlers and Highway 66. Lost Antlers facility has been released from its postclosure obligations and the bond amount
reduced accordingly. With this letter,the Highway 66 facility is released from its financial assurance obligations. Please
contact Enrique Martinez,Financial Assurance Analyst,at 303-691-4054 to discuss this aspect of the process to release the
remaining amount of the Bond#103198325 for the Highway 66 facility.
Based on the information referenced in this letter and contained in the Division's administrative record, the Division has: 1)
determined that the Facility was"clean closed" in accordance with the approved plans, 2) released Al Organics', Highway
66 Organics Composting Facility from its closure/postclosurc and financial assurance obligations, and 3) issued a No Further
Action determination relieving Al Organics Highway 66 facility from any additional closure or post closure activities. This
letter does not release the Facility from closure or postclosure requirements that Weld County may have defined in USR
#1059.
The Division is authorized to bill for its review of technical submittals at$125 per hour,pursuant to Section 1.7 of the Solid
Waste Regulations. An invoice for the Division's review of the subject document will be sent under separate cover.
•
Should you have questions, please call me at(303)692-3437.
Sincere ,
3841828 Pages: 7 of 12
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Steve Moreno.. Clerk and Recorder. Weld County, CO
VIII hY Kt fig leilAfictlit lid ilk III III
Roger Doak,Unit Leader
Solid Waste Permitting Unit
Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division
cc. Troy Swain, Weld County
Pete Salazar,
Darlene Krings,Flood and Peterson Insurance
David Banas, AGO
ec: Enrique Martinez,HMWMD
Doug Ikenberry, HMWMD
File: SW/WLD/HWY 2.4.1
• 3841828 Pages: 8 of 12 I. ✓
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• Steve Moreno. Clerk and Recorder.. Weld County, CO
'III Iritrilti Qt1i.IVA VAN 11111
Supplemental Closure Plan, Odor, and Fly Control Information
A-1 Organics
Highway 66 Composting Facility
March 24, 1993
Closure: In the event that receipt, processing or sales of
materials ceases for a period of more than one year, a notice of
closure shall be submitted in writing to Weld County. All
materials, structures and berm' s shall be removed within ISO days
of the notice of closure, or as provided for in an approved closure
plan submitted and agreed to by weld county. The closure plan
shall demonstrate the following:
1 . All finished or unfinished compost materials shall be removed
from the site.
2 . Unfinished compost containing regulated materials such as
sewage biosolids, will be disposed of at an approved land fill
site, or properly applied to permitted farm ground.
3 . Finished compost materials (including those having met
requirements for unrestricted use) can he used on the site as soil
amendments in amounts deemed necessary by Weld County for
reclamation of the site . The intent is to use finished compost to
aid in reclamation of the facility, but not use the facility for
- permanent storage of finished compost .
4. All fencing, structures (other than those originally at the
site) , and berm' s shall be removed from the site.
5 . All disturbed areas shall be seeded and mulched in accordance
with recommendations of the Soil Conservation Service within an
additional 30 day period.
6 . The facility will be reclaimed to its original condition and
use, including re-vegetation of ground if required.
Odors : Immediate blending of the materials and repeated aeration
shall be conducted to mitigate. odor problems . Odors which
originate at the composting facility and are measured at the
nearest neighboring populated area will not exceed current or
future limits as defined by Colorado Air Quality Control
Commission, Regulation No. 2, ODOR EMISSION REGULATIONS . If an
odor violation occurs that can be shown to have originated at the
compost facility, the weld County Department of Health shall direct
the operator to correct the problem. The operator may use any
acceptable method or combination of methods to mitigate an odor
problem including, but not limited to bio-filtration, application
. of organic odor control agents, additional aeration, and or changes
in operational parameters such as the time of day when mixing or
aeration is accomplished.
lili• 3841828 Pages : R9
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, I , i , • Steve` Moreno . Clerk and Recorder , Weld 0 Count
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