HomeMy WebLinkAbout20110947.tiff STATE OF COLORADO
Bill Ritter,Jr.,Governor
James B. Marlin, Executive Director - ay eg
-
Dedicated to protecting and improving the health and environment of the people of Colorado r.
4300 Cherry Creek Dr.S. Laboratory Services Division I - (* '
Denver,Colorado 80246-1530 8100 Lowry Blvd.
Phone(303)692-2000 Denver,Colorado 80230-6928 \!9a7 5/
TDD Line(303)691-7700 (303)692-3090
Located in Glendale,Colorado Colorado Department
http://www.cdphe.state.co.us of Public Health
and Environment
April 7, 2011
Mr. Greg Kuenning, Compliance Manager CERTIFIED MAIL # 7005 0390 0004 4796 9681
Al Organics Return Receipt Requested
16350 WCR 76
Eaton, CO 80615
Mr. Charles Wilson, Registered Agent CERTIFIED MAIL # 7005 0390 0004 4796 9704
Lambland, Inc. (DBA Al Organics) Return Receipt Requested
16350 WCR 76
Eaton, CO 80615
Re: Compliance Advisory for Al Organics Platteville Highway 66 Composting Facility
Section 20, T 3N, R 67 W
7031 Highway 66, Platteville,Colorado
Weld County, Colorado
SW WLD HGW 1.6
•
Dear Messrs. Kuenning and Wilson:
This Compliance Advisory provides notice related to information gained during an inspection conducted
by the Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division (the "Department") on March 9, 2011. This inspection was conducted jointly
with officials from Weld County. The purpose of the inspection was to determine the facility's
compliance status with respect to the Solid Wastes Disposal Sites and Facilities Act," Title 30, Article
20, Part 1 as amended (the Act) and the Regulations Pertaining to Solid Waste Sites and Facilities (6
CCR 1007-2, Part 1; the Regulations) developed for the implementation of the Act and the approved
Engineering Design and Operations Plan (EDOP). The Department advises you that the information
gained during the inspection indicates that you may have violated Colorado's solid waste laws.
Department personnel will review the facts established and this notice may be revised to include
additions or clarifications as a result of that review.
Please be aware that you are responsible for complying with the State solid waste regulations and that
there are civil penalties for failing to do so. The issuance of this Compliance Advisory does not limit or
preclude the Department from pursuing its enforcement options concerning this inspection including
issuance of a Compliance Order and/or seeking an assessment of civil penalties. Also, this Compliance
�� ORQ-°; Pi_ - I L- E 2011-0947
U � .\ / ' i4 _ (3 - I1
Messrs.Kuenning and Wilson
April 7,2011
Page 2 of 3
Advisory does not constitute a bar to enforcement actions for conditions that are not addressed in this
Compliance Advisory, or conditions found during future file reviews or inspections of your property.
The Department will take into consideration your response to the requested actions listed below for each
cited deficiency in its consideration of enforcement options.
Deficiency#1: Control of Plastic Litter: The offsite litter appeared to be sourced from the facility and
constitutes a nuisance condition that is in violation of Section 2.1.3, 2.1.11 and 14.3.3(D) of the
Regulations. Failure to control litter onsite led to an inability to control migration of litter off the site.
Failure to exclude non-compostable plastic entering the site commingled with the raw feedstock makes
it very difficult for the site to control litter at the future points in the material handling or composting
process.
Requested Action#1: The Department requests that all offsite litter be cleaned up within fourteen (14)
calendar days of your receipt of this letter, and that all onsite litter be cleaned up within twenty one (21)
calendar days of your receipt of this letter. Documentation of the deficiency having been corrected
should be provided to the Department in the form of photographs and a description of corrective action
performed no later than twenty eight (28) calendar days from your receipt of this letter.
Requested Action#1a: The facility should develop a plan for managing the plastic laden food waste, in-
process and overs material onsite in such a manner as to prevent the offsite migration of litter, and for
managing the unapproved wastes in such a manner that ensures their exclusion from any compost
process. The plan should be submitted for review by the Department and Weld County within fourteen
(14) calendar days of your receipt of this letter.
Deficiency#2: Food waste received at the composting site as long ago as 2009 remains on the site
without having been introduced into the compost process. This is in violation of Sections 1.3.9 and
14.3.3 of the Regulations, for failure to follow approved operating procedures.
Requested Action #2: Any stockpiled food waste not yet placed into windrows stands little chance of
being rendered into product by the June 1, 2011 closure date. Therefore, the Department requests:
• A written estimate by April 15, 2011 of the amount of unprocessed food waste currently onsite
• That the unprocessed food waste currently onsite be disposed of at an offsite permitted solid
waste disposal site and facility no later than May 15, 2011
• Disposal receipts with associated volumes that can be reconciled with the volume estimate in the
first bullet be provided to the Division by May 23, 2011.
Deficiency#3: The facility failed to maintain records on site and failed to provide records requested
during the inspection within a reasonable time frame following the inspection. Such records include
liquid waste profiles for the preceding twelve months, and current volumes of Overs, Unprocessed Food
Waste and In-process Materials. This is in violation of Section 14.7.2 of the Regulations.
Requested Action#3: The facility should provide the above noted records within fourteen (14) calendar
days of your receipt of this letter.
Messrs. Kuenning and Wilson
April 7, 2011 _
Page 3 of 3
To facilitate resolution of this Compliance Advisory, we encourage you to document your return-to-
compliance by submitting the correspondences noted above back to the Department according to the
time frames noted above, and to contact this office by April 30, 2011 at the number listed below and,
where necessary, schedule a meeting:
A. To discuss the Compliance Advisory and answer any questions that you may have;
B. To develop a schedule for correcting the deficiencies noted above; or
C. To submit information necessary to show that the deficiencies is not a violation of
Colorado's solid waste laws.
A copy of the inspection report is enclosed with this Compliance Advisory.
You may contact me at 303.692.3455 concerning the deficiencies detailed under this Compliance
Advisory and/or to set a meeting to discuss this Compliance Advisory.
Sincerely,
lk-vit#L----
enderson, Unit Leader
Solid Waste Compliance Assurance Unit
Solid Waste and Materials Management Program
Enclosure
cc: Weld County Commissioners
Mr. Roger Doak, HMWMD
Mr. Trevor Juricek, Weld County Department of Public Health and Environment
Mr. Kim Ogle, Weld County Planning Department
Mr. Pete Salazar, 7031 Highway 66, Platteville, CO 80615
Mr. Troy Swain, Weld County Department of Public Health and Environment
SW Tracking
SOLID WASTE INSPECTION WORKSHEET
Agency: Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Date: March 9, 2011 Times: 11:00 AM- 12:30PM
Site: Platteville Compost Facility. Operator: Al Organics
Highway 66, west of CR 17
7031 Highway 66
Platteville, CO 80651 Ph. No: (970)454-3492
CDPHE Inspectors: Jerry Henderson
Local Government Inspectors: Troy Swain Weld County Dept. Public Health& Environment
Kim Ogle, Weld County Planning Department
Inspection: Unannounced
Facility Representatives: Greg Kuenning,Al Compliance Manager
Pete Salazar, Jr., Property Owner
On March 9, 2011,Jerry Henderson and Troy Swain, representatives of the Hazardous Materials
and Waste Management Division of the Colorado Department of Public Health and Environment
(Division)and the Weld County Department of Public Health and Environment(WCDPHE),
respectively, conducted an unannounced inspection of the Highway 66/Platteville Compost
Facility located in Weld County, Colorado. The purpose of the inspection was to investigate a
complaint and determine compliance of the facility with the requirements set forth in the Solid
Wastes Disposal Sites and Facilities Act, CRS 30-20-100 et seq.,with the Regulations Pertaining
to Solid Waste Sites and Facilities, 6 CCR 1007-2 ("the Regulations")and the approved
Engineering Design and Operations Plan.
--Background--
The WCDPH.E received multiple complaints of windblown plastic litter escaping the composting
facility via windblown transport. WCDPHE requested the assistance of the Division in
investigating the complaints.
--Site Inspection—
Mr. Pete Salazar owns the property, a central portion of which is leased to Al Organics for use as
a composting site. Mr. Salazar initially met the inspectors and granted permission to access the
offsite areas that he owns adjacent to the parcel that is leased to Al Organics as a composting
facility. He accompanied the inspectors for the duration of the inspection. Mr. Greg Kuenning of
A 1 Organics, contacted by cell phone on the morning of the inspection, met the inspectors at the
composting site and granted access permission to conduct the inspection of the composting site.
Food Waste Storage: A large stockpile of organic material was observed just west of where the
entrance road enters the southern boundary of the composting site. The stockpile extended in a
north-south direction for a distance estimated at 750 feet and in an cast-west direction for 200 feet
at its widest point, with most portions being narrower in that direction. The pile was estimated
between 10 and 12 feet high at most locations. There was some odor associated with the pile;
both the odor and the appearance of the pile with identifiable pieces of black plastic used for yard
waste bags(not biodegradable), food waste plastic bags(the plastic being transported offsite)and
other debris embedded in the organic matter, suggested this was not finished compost. Mr.
Kuenning identified it as a primarily food waste stockpile representing roughly 20,000 to 25,000
cubic yards of raw material yet to be composted and portions of which had been on the site
without being placed into windrows since 2009, according to Mr. Kuenning. The approved
design and operations plan states that all feedstock received at the facility will be initiated into the
composting process within 72 hours of receipt. Mr. Kuenning stated that the site has an
anticipated closure date of June 1, 2011, and that the plan is to incorporate all of the food waste
into windrows and complete the 60-day composting process by that date. That means all food
waste would have to be incorporated into windrows by April 1,2011 or thereabouts in order to
meet the closure date. Any food waste not able to be processed into windrows by then would
have to be disposed of offsite.
The food waste stockpile also contained large amounts of plastic similar to the type of plastic
observed in offsite areas on the approach to the site. See Photos 2, 3 and 4. The pile had been
partially covered with overs screened from finished compost. Loads of construction debris
containing painted wood were observed on the top surface of the food waste stockpile. See
Photos 5, 6, 7 and 8. A small amount of furniture pieces were observed in the food waste
stockpile. See Photos 8, and 9. Neither furniture nor painted wood are an approved feedstock or
raw bulking material.
Overs Pile: The overs pile located east of where the entrance road enters the site contains the
same type of white and green plastic that is located off of the site. See Photos 10 and 11. Mr.
Kuenning stated that the overs piles would likely have to be disposed of at a landfill.
Facility Fenceline: The south perimeter fence east of the entrance road had a large accumulation
of plastic on it. See Photo 12.
Offsite Area: The offsite area to the south of the composting facility and east of the entrance road
had a large amount of plastic litter scattered in the field. The plastic offsite appeared to be the
same material as what was found onsite. See Photos 13 and 14. Litter pickers hired by Al
Organics were in the offsite areas east of the site picking up this litter, their presence effectively
acknowledging that the litter in the offsite field was the responsibility of Al Organics. Indeed,
there was no other plausible source for the litter than the composting facility.
--Records--
Material Volume: Because the records are housed offsite, Inspector Henderson requested the
following volume records be provided by facsimile or electronic mail within a few business days
inspection:
• Volume of food waste feedstock onsite and not yet introduced into the compost process
• Volume of in-process material
• Volume of bulking material
• Volume of overs
Liquid Waste: Inspector Henderson requested the waste profiles including analytical testing and
hazardous waste determination made by generators on incoming liquid waste streams to the
composting facility in the last year.
--Findings--
The facility was found not to be in compliance with the Regulations nor the approved plan on the
date of the inspection,with specific deficiencies noted as follows.
1. Control of Plastic Litter: The offsite litter appeared to be sourced from the facility and
constitutes a nuisance condition that is in violation of Section 2.1.3,2.1.11 and 14.3.3(D)
of the Regulations. Failure to control litter onsite is leading to an inability to control
migration of litter off the site. In particular,the failure to exclude non-compostable
plastic entering the site commingled with the raw feedstock makes it very difficult for the
site to control litter at the future points in the material handling or composting process.
2. Food Waste Stockpile: According to facility personnel, a portion of the food waste in
the food waste stockpile had been on the site since 2009 without being introduced into
the compost process. This is in violation of the approved plan and odor control plan,
which requires that all feedstock be introduced into the composting process as soon as
possible. Section 2.1.13 of the approved operating plan,and the odor plan, state that the
all materials received at the site will be incorporated into windrows as soon as possible,
or processed and shipped to other locations. Failure to follow the approved plans is a
violation of Section 1.3.9 and 14.3.3 of the Regulations.
3. Records: Portions of the operating record having to do with waste characterization and
material volumes were not made available to the inspector within a reasonable time frame
as required by 14.7.2 of the Regulations. Such records are required to be kept onsite
unless an alternate location is approved by the Department.
Signature: Date: VAA/
File: SW/WLD/HGW/1.2
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Photographic Log for Inspection Conducted under CRS 30-20-113
Highway 66 Composting Facility
March 9, 2011
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Photo 1: Signage at the entrance to the facility.
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Photo 4: Food waste storage pile, view to the southeast.
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Photo 5: Closeup view of construction debris including painted wood mixed in with the
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Photo 7: Construction debris mixed in with the food waste storage, view to the north.
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Photo 8: Construction debris and furniture pieces mixed in with the food waste storage
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Photo 10: View of smaller finished compost pile, with the larger"overs"pile in the rear.
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Photo 11: Closeup view of the "overs"pile. Note the plastic pieces embedded in the
pile.
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Photo 12: View of the south perimeter fence to the compost facility, looking to the south.
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Photo 13: Plastic litter on the offsite areas (i.e. Salazar land not leased by the compost
facility),view to the southeast.
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Photo 14: View of the offsite areas south of the site, note the white plastic litter scattered
throughout the offsite areas.
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