HomeMy WebLinkAbout20110973.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVOCATION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE - ROGGEN CENTRAL FOOD AND GAS
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, Roggen Central Food and Gas, located at 359651-76 Frontage Road, Roggen,
Colorado 80652, is allegedly in violation of the Colorado Retail Food Establishment Rules and
Regulations, and
WHEREAS, despite efforts by the Weld County Department of Public Health and
Environment staff to resolve said matter, the violations have not been corrected, and
WHEREAS, on the 13th day of April, 2011, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violations, and
WHEREAS, Phuong K Thi Ho, property owner, was present at said hearing, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deemed it advisable to dismiss the matter,with the conditions that items requiring a Colorado Retail
Food Establishment License be removed from the facility and that said items no longer be sold at
the establishment, and that the matter be considered for reaffirmation at the following Board meeting
on April 18, 2011.
WHEREAS, after hearing testimony from all present on April 18, 2011,the Board deemed it
advisable to reaffirm its determination to dismiss the matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that its determination to dismiss the matter, with the conditions that items
requiring a Colorado Retail Food Establishment License be removed from the facility and that said
items no longer be sold at the establishment be, and hereby is, reaffirmed.
Qt.. So, 1-\L- -f, V; (21
2011-0973
5- 13 11 HL0038
HEALTH VIOLATIONS - ROGGEN CENTRAL FOOD AND GAS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of April, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
♦ ,.•�
ATTEST: 0,
M Iasi arbara Kirkmeye , Chair
Weld County Clerk to the oa • t %tO:=`�
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/Y� g �'�U 4 Sean P Cori , Pro-Tem
BY: l rli L/ .'��� �
Deputy Clerk to the Board
Willi . Gc
l O ORM:
David E. Long
y Attorney
Dougl s Radem cher
Date of signature: 6/ 1L//7
2011-0973
HL0038
1 8 6 1 - 2 0 1 1 Memorandum
-� TO: Board of County Commissioners
W E L DEC O U N T Y FROM: Dan Joseph
I
' DATE: April 18, 2011
��+I SUBJECT: Roggen Central Food and Gas
On April 13,2011, the Board of County Commissioners required Roggen Central Food and
Gas to remove all items that would require a Retail Food Establishment license. On April
15,2011, the Department conducted an inspection to confirm that the order had been
complied with and found the facility to be in compliance.
The Department plans to perform 2 additional inspections during 2011 to ensure that the
facility continues to maintain compliance with the order.
1861 - 2011 Memorandum
TO: Board of County Commissioners
/ •\ FROM: Dan Joseph
WEL OUNTY
L.� DATE: April 13, 2011
SUBJECT: Roggen Central Food and Gas
Roggen Central Food and Gas, located at 359651-76 Frontage Road, in Roggen, Colorado,
has failed to maintain compliance with the Colorado Retail Food Establishment Rules and
Regulations which requires that water used in the facility meets the Colorado Primary
Drinking Water Regulations.
The Weld County Department of Public Health and Environment(Department) and the
Colorado Department of Public Health and Environment have had multiple conversations
with the owners of the facility since 2008. Discussion included options for coming into
compliance with the Colorado Primary Drinking Water Regulations and the Colorado Retail
Food Establishment Rules and Regulations. Options included removal of items that require
a food license and closure of the bathrooms, drilling a new well and installing chlorination
equipment, providing additional equipment to treat the water from the well.
The Department is recommending that the Board of County Commissioners suspend or
revoke the retail food establishment license for Roggen Central Food and Gas.
Note: The facility has disagreed with staff multiple times that they don't have to comply
with the drinking water regulations as they do not drink the water, they only use it for
hand washing. For reference is the definitions that apply in this situation (excerpts from
Colorado Retail Food Establishment Rules and Regulations):
DRINKING WATER.
(1) "DRINKING WATER" MEANS WATER THAT MEETS CRITERIA AS SPECIFIED IN section 25-1.5-2, C.R.S.,
COLORADO PRIMARY DRINKING WATER REGULATIONS.
(2) "DRINKING WATER" IS TRADITIONALLY KNOWN AS"POTABLE WATER."
(3) "DRINKING WATER" INCLUDES THE TERM"WATER" EXCEPT WHERE THE TERM USED CONNOTES
THAT THE WATER IS NOT POTABLE, SUCH AS "BOILER WATER," "MOP WATER," "RAINWATER,"
"WASTEWATER," AND "NONDRINKING" WATER.
5-101
Adequate, uncontaminated, safe potable water for the needs of the retail food establishment shall be
provided from a source constructed, maintained, and operated according to the Colorado Primary
Drinking Water Regulations and regulations adopted pursuant to Title 25-1.5-203 C.R.S
2011-0973
Roggen Central Food and Gas Time Line
March 26, 2008 Doug Camrud (Colorado Department of Public Health and
Environment) and Mark Thomas (chemist with Weld County
Department of Public Health and Environment) conducted a Non-
Community Ground Water inspection of the facility. During the
inspection it was determined that the facility did not have a certified
operator, did not have design approval, and was not providing
treatment of the water system. In addition, during the inspection it
was stated by the owners that they were bringing water in from
Denver as the water wasn't good enough to make coffee or wash
dishes with. At this time the facility was still making fast food items.
March 27, 2008 Facility was hand-delivered a Cease and Desist Order for having a
water system that did not meet the definition of safe, potable water as
defined by the Colorado Primary Drinking Water Regulations. The
letter stated that as of March 27,2008, the facility could only sell pre-
packaged items such as bottled water and bottled soda. The facility
did comply with this order by posting notice at each bathroom that
the water was not potable and was not to be used for drinking. The
facility also stopped serving any open food.
Note: a later interpretation provided to us by the Colorado
Department of Public Health and Environment (CDPHE) stated that
if the facility was licensed under the Colorado Retail Food
Establishment Rules and Regulations, all water used in the facility
shall meet drinking water standards, including the water provided to
patrons/employees in the bathrooms (see January 15,2010).
April 11,2008 CDPHE issued a bottled water order to the facility. The order
required that only new, unopened bottles of purchased water be used
for drinking, making ice,washing dishes and food preparation until
such time that the facility comes into compliance with the Colorado
Primary Drinking Water Regulations. The letter states that using
bottled water is not a permanent solution, and that the system must
either properly treat the source or permanently discontinue use.
April 22,2008 Megan Townsend, an Environmental Health Specialist with the
Department hand-delivered two letters from CDPHE. The
Documents delivered were a Compliance Advisory- Failure to Comply
with the Maximum Contaminant Level for Nitrate dated March 17,
2008, and the Bottle Water Order dated April 11,2008.
April 1,2009 Letter issued stating the requirements for maintaining compliance
with the Colorado Retail Food Establishment Rules and Regulations.
The letter includes step-by-step process/procedure to ensure that the
facility is in compliance.
January 15,2010 The Colorado Department of Public Health and Environment met
with Weld County Department of Public Health and Environment
(Department) to discuss regulations concerning water systems that are
related to Retail Food Establishments. It was determined during this
meeting that enforcement can be conducted by the Department
through use of the Colorado Retail Food Establishment Rules and
Regulations.
March 29,2010 Department staff met with the Board of County Commissioners
during a work session to discuss enforcement options. It was agreed
that facilities should be cited and that enforcement procedures (as
defined under food regulations) should be taken.
April 16, 2010 Violation 5a (unapproved water system) was cited during a regular
inspection. The violation was to be corrected by June 30,2010. In
addition, a detailed resource binder of information was given to the
owner of the facility.
June 17, 2010 When there was no response to the requirements from the facility
ownership, a follow-up letter summarizing the items discussed on the
April 16,2010, inspection was sent to the facility.
June 26,2010 The Weld County Department of Public Health and Environment
(Department) received a letter from Bill Tran, manager of facility,
stating that we misinterpreted our rules and regulations.
August 11,2010 Erica Kannely and Huong Nguyen (CDPHE- translator) and Mark
Thomas and Dan Joseph (WCDPHE) met with Phuong K Thi Ho
(owner) at the facility during which time the owner agreed to a
compliance schedule. The compliance schedule required that the
facility make reasonable progress toward completion of outstanding
issues by meeting the following dates:
1) Have water treatment plan submitted to CDPHE and
WCDPHE by September 10, 2010.
2) After final approval of the system is given by CDPHE,the
system shall be installed within 30 days.
3) The system shall be installed no later than February 11,2011.
In addition to the agreement that was made, the following items were
delivered to the facility:
• Definition letter regarding potable water
• Water analysis report ENSG100416-001
• CDPHE document- How to interpret water test results for a
private well
• EPA definition for"human consumption" and "gray water"
• CDPHE sanitary survey dated April 29,2008
• WCDPHE Cease and Desist order dated March 28, 2008
• WCDPHE reports on Well Water Treatment Systems dated
April 16, 2010, and June 17, 2010
• Retail food inspection report dated April 16, 2010
• Copy of resource binder delivered on April 16,2010
• Facility was provided with 1 year's worth of compliance
sample bottles
August 17,2010 A First Notification of Non-Compliance letter was issued for violation
5a (water system not in compliance with the Colorado Retail Food
Establishment Rules and Regulations). The letter was signed for on
August 21, 2010 (unable to read signature).
August 17, 2010 CDPHE issued a Compliance Advisory-Third Quarter 2010 Failure
to Comply with the Maximum Contaminant Level for Nitrate based
on the sample collected during the August 11,2010, inspection.
Nitrate level was found to be at 14.84 mg/L which exceeds the
maximum contaminant level of 10 mg/L.
August 26, 2010 A follow-up letter was sent to the facility regarding the August 11,
2010, meeting held at the facility. It was originally discussed that
equipment that the facility currently had may be adequate to treat the
water from the well. It was determined, however, that the facility's
equipment would not be adequate to meet CDPHE requirements. In
addition,the facility was provided with documents that laid out
multiple options for coming into compliance with the Colorado Retail
Food Establishment Rules and Regulations and with the Colorado
Water Quality Division Rules and Regulations.
February 18,2011 A follow-up inspection was conducted where violation 5a (unapproved
water system)was cited. The facility had not met the conditions as
agreed upon during the August 11,2010, inspection. Note,they did
submit some paperwork to the Water Quality Division, however,what
they did submit was incomplete (the Department provided a shell that
was to be completed prior to submission) and a copy was not sent to
the Department as required.
March 1,2011 The facility is required to submit bacteriological samples once per
quarter. During the August 11,2010, inspection, compliance sample
bottles were provided to the facility. Since January 2008 the facility
has only submitted one (1) sample which was collected by the
Department on August 11, 2010. During this time period 11 samples
should have been submitted.
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