HomeMy WebLinkAbout20112994 STATE OF COLORADO
John W.Hickenlooper,Governor
Christopher E.Urbina,MD,MPH _ woecoko�
Executive Director and Chief Medical Officer
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr.S. Laboratory Services Division * w
Denver,Colorado 80246-1530 8100 Lowry Blvd. '1876 r
Phone(303)692-2000 Denver,Colorado 80230-6928 Colorado Department
Located in Glendale,Colorado (303)692-3090 of Public Health
http://www.cdphe.state.co.us and Environment
November 3, 2011 Certified Mail #: 7010 3090 0000 2314 1155
Mr. Rustey Cole
Owner
Snowy River Enterprises
4450 Mulligan Dr
Longmont, CO 80504
RE: Compliance Advisory—Financial Assurance Cost Estimate for Waste Tire Facility Activities
Snowy River Enterprises.
Dear Mr. Cole,
On August 3, 2011,the Colorado Department of Public Health and Environment(the Department) sent a
letter to your facility regarding, "Financial Assurance Cost Estimate for Waste Tire Processing or Collection
Facility Activities Snowy River Enterprises". The letter requested a detailed cost estimate for waste tire facility
closure, post-closure and/or remediation within 45 days. The letter also noted that failure to comply with the
request could result in a Compliance Advisory.
To date,the Department has not received the requested cost estimate for waste tire facility closure, post-
closure and/or remediation and is therefore in violation of Sections 1.8 and 10 of the Regulations Pertaining to
Solid Waste Disposal Site and Facilities, 6 CCR 1007-2 (the Regulations). As a result,the Department is issuing
this Compliance Advisory to Snowy River Enterprises.
Compliance with the Regulations is the responsibility of the business owner and failure to do so can result in civil
penalties. The issuance of this Compliance Advisory does not limit or preclude the Department from pursuing its
enforcement options concerning this notice, including issuance of a Compliance Order and/or seeking an
assessment of civil penalties. Also, this Compliance Advisory does not constitute a bar to enforcement action for
conditions that are not addressed in this Compliance Advisory, or conditions found during future file reviews or
inspections of your facility. The Department will take into consideration the Facility's response to the requested
actions listed below for each cited deficiency in its consideration of enforcement options.
Deficiency 1: Snowy River Enterprises notified the Department as a processor and collection facility on the
Certificate of Registration Application dated 03/16/2011. Section 10.7.6 requires Collection
facilities and Section 10.6.6 requires Tire Processors to maintain financial assurance in
compliance with Section 1.8 of the regulations. On August 3, 2011 Snowy River Enterprises was
sent a letter requesting submission of a third party cost estimate to the Department within thirty
(30)days of receipt of correspondence. Failure to maintain financial assurance and a written
current cost estimate is a violation of Section 1.8.1 which has the following criteria.
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2011-2994
• The closure cost must equal the cost of closing the largest area requiring closure
during the active life of the site;
• The cost should be when the extent and manner of its operations would make closure
the most expensive as indicated by its closure plan;
• Third party shall be a party who is neither a parent nor a subsidiary of the owner or
operator;
• No facility shall operate without being in compliance with the financial assurance
requirements;
• Maintain in written documented form current cost estimates for hiring a third party to
close such facility and conduct post-closure care.
Requested Action: Within thirty(30)calendar days of your receipt of this compliance advisory, Snowy
River Enterprises is requested to submit the cost estimates in current dollars for collection
and/or tire processing activities. The cost estimate should include:
• The maximum number of waste tires processed or collected per the facility
operations plan that would need to be removed during the closure process.
• Cost for third party removal and transportation to the destination site.
• Cost of activities identified in Section 10.6.9(B)(1)and 10.7.9(B)(1) for your
closure plan including soil sampling and analysis.
• The Department requests the closure documentation should include an acceptance
letter from the destination facility receiving the waste tires.
To facilitate a resolution of this Compliance Advisory,Section 1.9.2 of the Regulations provides you the
opportunity to schedule a compliance conference with the Department which is an opportunity to submit
additional information regarding the deficiencies noted above.
You may contact me at(303) 691-4054 or Charles Johnson at(303) 692-3348 concerning the deficiencies detailed
under this Compliance Advisory and/or to set up a meeting to discuss this Compliance Advisory.
Sincerely,
i
rr
nrique . Martinez Charles G. Johnsonr
Financial Assurance Analyst Program Manager
Financial Assurance and Data Management Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division Hazardous Materials and Waste Management Division
CC: SW/WLD/SNO/1.3
Weld County Commissioners
ECC: Shana Baker—CDPHE
Nicholas Boudreau—CDPHE
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