HomeMy WebLinkAbout20111163.tiff HEARING CERTIFICATION
DOCKET NO. 2011-33
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 - LAMBLAND, INC.,
DBA A-1 ORGANICS
A public hearing was conducted on April 27, 2011, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Christie Peters
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representatives, Troy Swain, Laurie Exby, Trevor Jiricek
The following business was transacted:
I hereby certify that pursuant to a notice dated April 15, 2011, and duly published April 20, 2011,
in the Fort Lupton Press, a Show Cause hearing was conducted on April 27, 2011, to consider
whether good cause exists 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. Bruce Barker, County Attorney, made this a matter
of record.
Kim Ogle, Department of Planning Services, stated at the Probable Cause Hearing on
April 13, 2011, it was determined that A-1 Organics (A-1) was not in compliance with
Development Standards #3, #5, #9, #13, and #19. Mr. Ogle stated that County representatives
visited the site on April 26, 2011, and it was evident that A-1 had made progress with
Development Standard #9, which addresses the handling, and storage of waste materials. On
the same visit he noticed that all of the existing piles appeared to be encased with tackifier to
prevent the plastic debris from blowing off of the site; however, there is still litter that continues
to scatter within the property and off of the site. In response to Commissioner Conway,
Mr. Ogle stated that Troy Swain, Department of Public Health and Environment, took photos of
the visit. At the same visit, Mr. Swain stated he noticed an improvement had been made to the
site; however, there was still litter that needs to be retrieved along the fence line, County
Road 17, and surrounding ditches. Mr. Swain stated there has been no grinding at the site, the
ground has been scraped, and all of the piles have been covered; however, he is concerned
with the future processing of the material, in particular, the food waste piles covered with the
wood shavings. Mr. Swain displayed photos of the food waste piles taken on March 9, 2011,
and referred to a photo which displayed a profile of the contents within the pile, which included
plastic bottles, furniture, painted wood, bottle caps, plastic bags, cardboard, a wood pellet,
crate, etcetera; he stated these piles are contaminated with plastic and these types of materials
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should have been removed, and not processed at the site. Mr. Swain also indicated a large
food waste pile, covered with wood waste, has existed on the site since 2009. He stated A-1 is
in violation of Development Standard #5 which requires putrescible materials to be incorporated
into windrows or other processing unit within 72 hours upon receipt at the facility, and
Development Standard #13 which requires solid wastes, generated at the site, must be
removed and disposed of at an approved sanitary landfill.
Mr. Swain stated his concern and recommended the finding that A-1 received an unacceptable
liquid waste from the Arvada Treatment Facility without written approval from the Weld County
Departments of Public Health and Environment and Planning Services, as required by
Development Standard #3 of USR #1059, and the application materials, which stated no
hazardous or toxic materials shall be allowed on the site, and both were terms of the Certificate
of Designation. He added that at the inspection on November 30, 2010, County staff searched
the facility's records and discovered there was a wastestream, referred to as an "unregulated
liquid," received from the Arvada Treatment Facility; therefore, the County cited them for
accepting an unapproved material. Mr. Swain indicated the Department of Public Health and
Environment has denied attempts for other similar facilities to accept these types of materials
from the Arvada Treatment Facility and referred to an email, dated January 14, 2011, denying
the acceptance of these types of materials, based on benzene levels, unknown constituents,
and the fact that the facility was accepting waste from multiple generators; therefore, there was
no written approval prior to acceptance as required per Development Standard #3 of
USR#1059. He also stated that the facility is required to keep the waste piles covered, per
Development Standard #5, which is also a requirement of the Certification of Designation. Mr.
Swain indicated County staff spoke with the Colorado Department of Public Health and
Environment (CDPHE), and it was determined those piles should be called "in-process" or
"composted piles," since they have large pieces of plastic and material in them, and are too
large to monitor and maintain the oxygen content. He added A-1 has also failed to control
plastic litter on the site; the facility was cited for litter on November 30, 2010; he referred to
photos of in-process windrows displaying the plastics embedded on the surface, waste piles
covered with wood waste, overs piles, and litter scattered throughout the property.
Laurie Exby, Department of Public Health and Environment, inspected the property on
April 12, 2011, and visited the property for a second time on April 22, 2011. On her first visit
there were four (4) people picking trash along the east side of County Road 17, and on her
second visit she observed approximately thirteen (13) people picking trash along the fence line
and neighboring properties. She also noticed the ground had been scraped to remove the
plastic and stated the lack of fencing around the perimeter of the Sekich's property allows the
plastic to scatter into their field.
Mr. Swain displayed photos from the CDPHE Complaint Advisory letter, dated April 7, 2011,
which referred to the large stockpile of food waste on the site, which is approximately 750 feet
long by 200 feet wide. In response to Commissioner Garcia, Mr. Swain stated the scraping,
covering of the piles with finished compost, and encasing the overs pile with the tackifier were
all completed prior to the hearing; however, he is concerned about once the process continues,
the food pile may need to be grinded and processed through another machine, and the current
proposal does not address that. He recommended there shall be no grinding on the property
until there are guidelines in place to prevent the plastic debris from being scattered, to the best
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extent possible, and all food waste and plastic shall be removed from the site and disposed of at
the landfill. In response to Chair Kirkmeyer, Mr. Swain clarified the contaminated food waste
pile, and the static processed pile, referred to in A-1's proposed plan dated April 26, 2011, are
one in the same. He briefly described the various piles and stated the County is concerned that
once A-1 breaks into the piles for processing, they will have the same issues with plastic
scattering, unless they have appropriate control measures in place.
Trevor Jiricek, Director, Departments of Public Health and Environment and Planning Services,
stated that due to the evidence that the facility has violated several Development Standards, the
Board can either revoke the permit or work with A-1 and review the facility's control measures.
He added that the facility's staff has worked with their attorney on this plan; however the County
cannot accept the plan as currently written. Mr. Jiricek stated A-1 has requested to grind and
process the remaining materials, which will enable the scattering of plastic debris; as of
yesterday, there was no plastic at the site, due to the progress the facility has made; however,
the County has requested control measures be included in the plan before they will approve it.
He stated the scattering of plastic debris starts when the processing begins, and the applicant is
recommending a two (2) week continuance. In response to Commissioner Rademacher, Mr.
Jiricek stated the facility had the best of intentions and the plastic was identified as
"biodegradable" plastic, but this material should have been sorted at the beginning of the
process and not at the back end. In response to Commissioner Rademacher, he stated the
railroad tie was not appropriate, since contaminants come with those types of materials, and the
facility needs to a better job of sorting up front, and all three (3) of A-1's facilities within Weld
County have different USRs. In response to Commissioner Conway, Mr. Jiricek stated the
facility has proposed to process 30,000 cubic yards of materials and he described the procedure
to do so. He stated that, without additional measures to keep the plastic from scattering off of
the property, there is the potential for the liberation of plastic debris at each stage of the
process. He suggested the following alternatives to help eliminate plastic from blowing off the
property: 1) Install mobile screening, similar to the large screening on State Highway 14 at the
Waste Management Facility, and 2) Eliminate the plastic before it turns into small shards. In
response to Chair Kirkmeyer, Mr. Swain stated the Rattler Ridge Facility does not have a fence
to control litter. Chair Kirkmeyer stated in the last two (2) weeks, A-1 has removed
approximately 56 tons of plastic from the facility.
Paul Seby, Attorney, was present and represented the applicant. Mr. Seby provided a brief
overview of the facility and stated the commencement of the closure began on
March 1, 2011, the facility has not received any additional waste at the site since
September, 2010, and they processed the last windrow at the end of March, 2011. He stated
A-1 has proposed a plan, with enhanced measures, to address the small plastic materials,
including the scraper, applying tackifier on all of the piles, and potential solutions for mitigating
the potential release of plastic debris, and they are not going to process the pile unless there is
a measure in place to control the plastics.
Charles Wilson, President of A-1 Organics, provided background information about the
company and stated it was founded in 1974. He stated A-1 is committed to resolve the
outstanding issues and they have made significant progress to do so. Mr. Wilson stated he met
with County officials and provided them with a tour of the facility, on April 18, 2011, and on
April 21, 2011, A-1 presented a proposed plan to contain and remove plastics, and there have
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been subsequent revisions to the plan since then. He added they have had continued
discussions with County officials, and his neighbor, Pete Salazar, and attempted to contact the
remaining surrounding property owners.
Mr. Wilson briefly described the Hurrikan's capabilities, stated A-1 purchased the Hurrikan for
approximately $270,000, and it has been operating at the site since March 21, 2011. He
indicated the majority of the plastics that come to the site are biodegradable and compostable
materials, and the closure of the facility has been challenging, due to the excessive winds,
which have increased the scattering of plastic debris. Mr. Wilson indicated the tackifier creates
a layer that entombs the pile to keep the debris from blowing and it costs approximately $4,000
to tackify one (1) pile. He stated A-1 has applied the tackifier to one (1) pile; however, they did
not want to continue applying the tackifier to the remaining piles until they met with the Board.
Mr. Wilson recommended they cover the static processed pile with clean overs to try and
contain the plastic, until they decide how they want to process the pile. Mr. Wilson referred to
the A-1 Organics Highway 66 Site Map, dated March 4, 2011, which indicated there
were 78,100 cubic yards of materials that existed at the site, as of that date, and on
April 26, 2011, the piles had been reduced to 64,000 cubic yards. He stated the composted
overs and the static pile remain on the site. In response to Commissioner Conway, Mr. Wilson
stated the proposed timeframe, for the closure of the facility, is August 22, 2011; which will take
into account excessive winds and inclement weather. He added when the winds exceed
fifteen (15) miles per hour, the facility stops operations to eliminate the plastic from leaving the
property. He stated it would take approximately five (5) days to grind the static pile; they would
run it through the Hurrikan and it would be ready immediately. In response to Commissioner
Conway, Mr. Wilson stated they have had two (2) weeks to research the additional options for
mitigating the potential release of plastic debris during the grinding of the static processed pile;
the first option would be for the facility to use the same type of netting used at the Waste
Management Facility off of State Highway 14, or similar, and the second option would be to
construct a containment system or some kind of building to enclose the facility's processing
machine; however, he is uncertain about the construction and availability of the materials. In
response to Commissioner Conway, Mr. Wilson indicated he met with Pete Salazar, landowner,
at the site and went through the entire process with him; however, he was unable to reach
Randy Sekich and stated the efforts have been ongoing. In response to Commissioner
Rademacher, Mr. Wilson stated all of the materials will be removed completely from the site, at
the time of final closure, the tackifier is organic and biodegradable, should last between two (2)
to four (4) months, and is durable with the weather/environment. In response to Commissioner
Conway, Mr. Wilson stated after they break into a tackified pile, they will either retackify or cover
it with the clean composted overs to prevent the plastic debris from leaving the property. In
response to Chair Kirkmeyer, Mr. Wilson stated the terms "clean overs", "clean wood", and
"clean composted overs" are one and the same; they are the materials which have been
processed through the Hurrikan, and the facility has proposed to encase the composted overs
piles with the tackifier and/or with the clean composted overs. He added the clean composted
overs piles need to run through the Hurrikan, since there is not enough of the clean material
before it can be utilized as a cover. In response to Commissioner Rademacher, Mr. Wilson
stated the thickness of the overs on the contaminated piles is approximately four (4) to five (5)
inches. In response to Chair Kirkmeyer, Mr. Wilson stated the facility started the closure
process on April 1, 2011, with an anticipated closure date of June 1, 2011, and stated they are
requesting an extension to August 22, 2011, due to the physical limitations of the Hurrikan and
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potential weather delays. In response to Commissioner Rademacher, Mr. Seby stated they
have been in contact with the CDPHE, and sent them a copy of the proposed plan, dated
April 26, 2011, and requested permission for an extension from the State.
Chair Kirkmeyer indicated, according to A-1's proposed plan, it would cost
approximately $250,000 to $300,000 to transport the static processed pile to the landfill;
however, Mr. Wilson stated the estimate would actually be closer to $400,000 to $450,000, and
to install a fence with netting, similar to the Waste Management site, would cost
approximately $200,000 to enclose the entire forty (40) acres, plus the time it would take for
installation.
In response to Chair Kirkmeyer, Mr. Wilson stated Mr. Salazar has not incurred any financial
loss that he is aware of; however, Randy Sekich has indicated that he has lost
approximately $18,000 in hay. In response to Chair Kirkmeyer, Mr. Wilson stated they have
proposed that once the grinding and screening processes are complete, A-1 will be able to
remove the high quality compostable material to the Rattler Ridge Facility, and they are seeking
approval to do this from both the County and State. In response to Chair Kirkmeyer, Mr. Jiricek
stated A-1 has proposed to take partially composted materials and primarily food waste to the
Rattler Ridge Facility, and the unapproved materials (i.e., plastics, wood, etcetera) will be
removed prior to transporting it. He added that, assuming the County comes into agreement on
additional control measures, and assuming the Board allows continued processing at the facility,
it will be partially composted organic material. In response to Commissioner Rademacher,
Mr. Wilson stated that A-1 has started rough grading and tilling the property, they plan on
getting the property back to its original condition, and plan on vacating the USR after the closure
of the facility.
Mr. Seby stated he believes A-1's proposed plan is complete, other than the determination of
which control measure they are going to use for the mitigation of the potential release of plastic
debris during the grinding of the static processed pile. Therefore, A-1 has requested a two (2)
week continuance to determine which control measure they are going to pursue, or for the
Board to allow them to finalize the authorization of the proposed plan. He stated they would like
to process the static pile because it has an abundance of commercially valuable materials in it,
and it is not environmentally beneficial for those materials to be taken to the landfill. Mr. Seby
estimated that approximately fifty (50) percent of those materials are unusable and there are
substantial costs for taking these materials to the landfill. He reiterated A-1 is requesting an
extension, due to the physical limitations of the Hurrikan, which will take up to six (6) weeks to
process the static pile, including the allowance for weather, as well as the material extracted
from the scraping of the site. Mr. Seby stated the ninety (90) days, authorized under the
regulatory provision, expires on June 1, 2011, and based on the calculation for the proposal,
they are requesting a site closure date of August 22, 2011. He proceeded to address the
various Development Standards the County is concerned about. Mr. Seby reiterated no
compostable materials have been received at the site since September, 2010. In regard to
Development Standard #5, he stated food waste arrives at the site in biodegradable plastic
bags, the materials are moved to a pile, and the composting begins with the separation of
materials they would like to use at the Rattler Ridge Facility. In regard to Development
Standards #9 and #13, A-1 has increased the number of trash picking crews at the site, and all
painted wood materials have been taken to the landfill. Mr. Seby stated the static processed
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piles can be completed and the composting process shall continue until the compostable,
organic materials can be separated, or disposed of, in a permitted or authorized landfill at A-1's
expense. He added, due to the quality of processing for the Hurrikan, 56 tons of plastic have
been removed from the site and taken to the landfill, no windrows currently exist on the site, and
the increased number of trash picking crews will be present at the site until the closure of the
facility. Mr. Seby recommended a (2) week continuance, to complete the evaluation of the
control measure to mitigate the potential release of plastic debris during the grinding of the static
processed pile and the facility will continue with the scraping and applying the tackifier to the
various piles on the site, or the ability to continue moving forward and work with the County and
State for approval of the control measure, and have the entire plan authorized to proceed with
the extension of the closure to August 22, 2011.
In response to Chair Kirkmeyer, Mr. Seby stated there is Closure Financial Assurance in place.
In response to Commissioner Rademacher, Mr. Jiricek stated the County does not have any
collateral on this facility, due to the Financial Assurance, and based on the figures provided
today, he is certain the amount posted does not cover the cost to reclaim the site. He explained
a Financial Assurance amount is estimated based on the assumption that the material is usable
and compostable, which will result in a marketable product, which is not the case at this facility.
Randy Sekich stated he has been a neighbor to A-1 for fifteen (15) years and stated the last
four (4) have been unacceptable. Mr. Sekich brought a plastic bag filled with partially
decomposed plastic and Mr. Barker described the piece of plastic in the bag as similar to the
plastic displayed in the photos shown earlier today by County staff. Randy Sekich stated he has
a letter from his hay buyer that said he will not buy his alfalfa because it has been contaminated
with plastic, which is nearly impossible to repair. He added the plastic and the dust conditions
are terrible. He commended A-1 for attempting to clean-up the site, however, it's four (4) years
too late. In response to Commissioner Rademacher, Mr. Sekich stated at this point in time it is
known by other hay buyers that his hay is contaminated and he would not feed his own alfalfa to
his own animals. In response to Commissioner Conway, Mr. Sekich stated he's seen an
improvement at the site since the last hearing, but there is still a problem with controlling the
plastic. He also stated he owns property adjacent to the site; however, he has not been
contacted by A-1, and his family has had health problems, due to the plastic in the dust, and the
plastic scatters approximately one (1) and a half miles away. In response to Commissioner
Rademacher, Randy Sekich stated, through the years, there have been odor problems, but the
plastic problem has been an ongoing issue, and is not a result of this year's strong winds.
In response to Commissioner Rademacher, Rodney Sekich, neighbor, stated he saw an
unidentified tanker arrive on the site and based on his experience as a truck driver, he
confirmed it was not an oilfield truck. He added that an oil field truck would be marked
hazardous waste and this truck was not marked.
Bruce Sandaue, owner of Five Star Turf, stated he has known Mr. Wilson and has conducted
business with A-1 for the past fifteen (15) years. He stated he has no doubt A-1 will resolve the
outstanding issues. In response to Commissioner Garcia, he stated his business is located
outside of Gilcrest, and is approximately fifteen (15) miles from the facility.
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Donna Sekich, neighbor, stated there have been problems with plastic in the tubes of their
irrigation ditches, so they were unable to irrigate. Ms. Sekich stated a fence was installed, but it
was not tall enough, there was an issue with mosquitoes, which has been resolved, and she has
never spoken to Mr. Wilson. In response to Commissioner Conway, Ms. Sekich indicated she is
uncertain whether a taller fence would eliminate the problem or not; the plastic has been an
issue every spring, and not just this year. Ms. Sekich added the covering of the piles may be
more beneficial and she believes they are on the right track; however, she would have preferred
Mr. Wilson would have contacted her prior to April 21, 2011.
Bob Sakata, local farmer, stated he has known the Wilson family for over fifty (50) years and
Mr. Wilson for over twenty (20) years, they are honorable citizens, and he was disappointed with
the photos he has seen. Mr. Sakata stated A-1 is an asset to the community by turning the
waste into valuable organic compound for use, in fact, a couple of years ago Sakata Farms
used approximately 10,000 tons of A-1 material for their farming production. He proceeded to
ask the Board to use their best judgment to correct this situation and provide A-1 with sufficient
time to find a solution, and reclaim the site properly. In response to Commissioners Conway
and Rademacher, Mr. Sakata indicated a number of Weld County farmers use A-1's materials,
and he has never seen plastic in the product from A-1.
Mr. Salazar stated A-1 has been using the scraper to skim the topsoil, and they have been
concentrating their efforts on the inside of the fields, which is an improvement from two (2)
weeks ago. Mr. Salazar stated when he visited the facility there were high winds, but the piles
were covered with overs; he indicated there was a small amount of plastic debris flying around
from a portion of the pile that was loosened from the tackifier and plastic that already existed.
The public hearing was called into recess at 11:57 a.m. Chair Kirkmeyer recommended the
Board of County Commissioners (BOCC) reconvene at 2:00 p.m.
The meeting reconvened at 2:05 p.m., and all Commissioners were present.
Mr. Seby stated A-1 Organics has every good intention of completing the closure of the facility
in a timely matter and he believes they have a good plan, with substantial measures, to mitigate
the issues and can do so within two (2) weeks, if not sooner, and work with the Department of
Planning Services to receive the approval and authorization to do so. He stated A-1 stopped
receiving any materials that were the source of the allegations of non-compliance, in particular,
the materials provided by the Arvada Treatment Facility, which have not been used at the site,
since April, 2010. He indicated, at one point, there was concern about the nature of those
wastes; they were marked as exempt waste, although, some of the batches had questionable
numbers so the facility stopped accepting those materials. Since then, A-1 has been working
with the County and State to characterize waste more specifically and have been committed to
doing so. Mr. Seby affirmed A-1 never intended to accept any unacceptable waste or new
waste, and does not believe there is a non-compliance issue, since the facility stopped taking
those wastes, per the State's request.
In response to Commissioner Conway, Mr. Seby stated there is a federal law that requires the
generator of the waste to provide a manifest with each batch to characterize it, and the manifest
is available to the entity that transports the material and whoever receives it. He stated they
receive manifests on a regular basis and rely upon the information provided; however, in this
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instance, the manifests for these particular shipments were characterized as exempt,
non-hazardous waste. Mr. Seby reiterated A-1 stopped accepting those types of wastes, per
the State's request, and they have not accepted them, or any other materials, at the site, since
September, 2010. In response to Commissioner Conway, Mr. Seby stated he is uncertain
whether the State is required to investigate the Arvada Treatment Center and stated the facility
should be aware of the regulations. He further stated A-1 takes the County's concerns very
seriously; they have worked hard to develop a plan, and would like to receive authorization to
close the facility and get the property back to the landowner.
Mr. Wilson stated the contents of the tanker that Rodney Sekich referred to, during the public
hearing, contained water for dust mitigation. In response to Chair Kirkmeyer, Mr. Seby stated
there is Financial Assurance in place in the form of a Performance/Closure Bond in the amount
of $180,000, which has been in place for more than five (5) years. He explained State law
requires the re-evaluation of the bond every five (5) years; that process was started, but not
completed due to the upcoming closure of the facility. He stated A-1 would like to proceed with
the closure process of the facility as-is.
Chair Kirkmeyer referred to a letter from the Colorado Department of Public Health and
Environment (CDPHE), dated April 7, 2011, and inquired how much unprocessed food waste
currently exists at the site. In response to Chair Kirkmeyer, Mr. Wilson stated there are
approximately 30,000 cubic yards of partially composted material and plastics. In response to
Commissioner Rademacher, Mr. Seby stated in two (2) weeks, A-1 Organics should be able to
show further progress working through the piles and towards the closure of the facility. In
response to Commissioner Garcia, Mr. Wilson stated he is willing to meet with each of the
surrounding property owners to discuss their concerns.
In response to Chair Kirkmeyer, Mr. Jiricek stated he contacted the CDPHE and was informed
A-1 has Financial Assurance in the amount of $100,800; however, the amount of $180,000
provided by A-1 Organics may be more accurate since they contacted their insurance company
directly. Mr. Jiricek also stated he disagrees with Mr. Seby's comments regarding the alleged
illegal disposal because, in 2003, they received approval to receive waste from a different waste
stream, not the liquid from the Arvada Treatment Center; although he did acknowledge A-1 did
voluntarily stop receiving the questionable materials. He stated if the Board grants a
continuance, it will provide an opportunity for County staff to involve the CDPHE, and work
together with A-1 on key dates for their compliance advisory and closure of the facility.
Commissioner Conway inquired whether the Arvada Treatment Center would be held liable; if it
is determined they misrepresented the materials in their manifests. In response to
Commissioner Conway, Mr. Jiricek stated it was the disposal of a solid waste, and through A-1,
the County was able to determine they were solid waste generators instead of hazardous waste
generators. Mr. Jiricek stated he does not believe anyone has incurred any financial distress
due to this disposal; however, there may be potential disposal violations at the site, should the
State decide to pursue an investigation. In response to Commissioner Conway, Chair
Kirkmeyer stated if waste was disposed of illegally, it is the responsibility of the operator and the
generator. Mr. Jiricek stated these types of issues may be addressed through the closure of the
facility.
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Chair Kirkmeyer referred to Mr. Sakata's comment about figuring out a solution and getting
them (A-1) out of there, and stated she wants to be specific as to what will be required by A-1
Organics over the next two (2) weeks. She stated no other waste shall be brought into the
facility, A-1 shall request to vacate their USR at the end of the closure, they shall work with the
County Departments of Planning Services and Public Health and Environment, as well as the
CDPHE, to work out key dates in regard to the closure, A-1 shall encase their composted overs
piles with tackifier, they shall continue the 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, to eliminate the plastic debris from being scattered to the best extent
possible, there will be no grinding or movement of the static pile without the approval of the
Department of Public of Health and Environment for a test, A-1 shall work with the Department
of Planning Services to investigate the three different options for mitigating the potential release
of plastic debris during the grinding of the static processed pile, and there will continue to be
enhanced remediation of open areas at the facility.
In response to Chair Kirkmeyer, Mr. Wilson stated that in order for them to complete final
closure by August 22, 2011, they will need permission to process the composted overs pile
through the Hurrikan. He indicated, in their plan, they cease operations once the winds
exceed 15 miles per hour (mph). In response to Chair Kirkmeyer, Mr. Jiricek stated covering
the piles with tackifier is an effective method if they operate in low wind conditions; however, the
product will eventually be processed through the Hurrikan, but hopefully it will be with additional
mitigation measures. He further stated encasing the piles with tackifier will limit the plastic from
being liberated; however, the liberation of the small plastic pieces will be unavoidable when
being loaded into the Hurrikan. Mr. Wilson stated he is going to meet with the Sekich family and
attempt to address their concerns. Chair Kirkmeyer stated A-1 will have to work with the
Department of Public Health and Environment.
Commissioner Long left the meeting at 2:35 p.m.
Mr. Barker stated he realizes A-1 is ready to move forward; however, it will be more productive
for them to finalize a plan with the County first. Chair Kirkmeyer stated she is in agreement with
the testing, but wants to eliminate the scattering of plastic debris to the best extent possible. In
response to Mr. Wilson, Chair Kirkmeyer stated she is not comfortable granting an extension to
A-1, until they have a plan in place that is acceptable to the County; otherwise she will be voting
to revoke the permit. In response to Commissioner Rademacher, Mr. Jiricek stated A-1
proposed the two (2) week timeframe and they could work on a variety of these issues rather
quickly; therefore, he is comfortable with the deadline. Mr. Wilson concurred with the two (2)
weeks, and added, if the Board recommends three (3) weeks it may put A-1 Organics behind
schedule for the closure of the facility. Mr. Jiricek stated he does not see a problem extending
the closure date of August 22, 2011, as long as plastic will not be leaving the facility; the
postponement will provide them with more time to do a more thorough job for the closure, as
long as the plastic is not an issue with the neighbors.
In response to Commissioner Rademacher, Mr. Swain stated in terms of A-1 getting behind by
waiting a few weeks, they will still have to break down some of the piles in the photos displayed
by the Department of Planning Services; some of those items may be manually removed and
taken to the landfill, with the remaining material then being suitable to remove to Rattler Ridge
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for final processing, as long as it doesn't have any plastic in it. He added this method may not
be very efficient, but it is the way A-1 accepted it and they should make the material the way it
should have been in the first place. Mr. Swain further stated A-1 has received timeframes from
the State, and indicated they may be willing to move those dates, but the County isn't shielding
them from a June 1, 2011, closure date or the information in the compliance advisory. In
response to Mr. Swain, Mr. Wilson stated it is nearly impossible to keep the plastic debris from
blowing off the site when the facility has thirty (30) to forty (40) mph winds.
Commissioner Conway encouraged Mr. Wilson to meet with the Sekich families, and have a
plan in place to address their concerns; he stated it's more important to do it correctly, instead of
quickly. In response to Commissioner Conway, Mr. Wilson stated he assigned the two (2) week
timeframe, understanding there are certain items out of his control, and suggested three (3)
weeks will work better; either way, they will make it happen.
Commissioner Garcia stated many of the Development Standards were violated, which are
grounds for revocation of USR #1059 and the Certificate of Designation for a composting
facility; however, the most important factor is the remediation. He commended the neighbors
for attending the meeting and stated he expects A-1 representatives to meet with all of the
surrounding property owners and he looks forward to hearing how the meetings went, since it
has been the neighbors who have been affected. Commissioner Garcia stated he is in
agreement with continuing the Show Cause hearing for two (2) to three (3) weeks with the
specific conditions mentioned by Chair Kirkmeyer. Commissioner Rademacher stated the
facility provides a necessary service to the public; however, what has been going on during the
last four (4) years is unacceptable. He added he would also be voting for the revocation of the
facility, but since the facility is moving towards closure, he is willing to provide A-1 three (3)
weeks to get it right. Commissioner Conway stated he had seen a big change at the site since
the previous meeting, he realizes there is still work to be done, and he is more concerned about
completing this job correctly. He is also in agreement to a two (2) to three (3) week continuation
to allow County staff and A-1 the opportunity to work together, and to give A-1 the chance to
meet with the surrounding property owners. Chair Kirkmeyer stated there is definitely enough
cause to revoke the permit, since A-1 is out of compliance with the Development Standards,
and has been for quite some time. She stated the reason for Financial Assurance is to cover
the expenses, if A-1 were to walk away from the property. She commended Mr. Wilson for
attending the meeting and stated what they have done is a good start, but it should have been
initiated several years ago. Commissioner Kirkmeyer further stated she is in agreement with a
continuance, as long as A-1 meets the conditions proposed by the Board.
Commissioner Conway referred back to the material A-1 received from the Arvada Treatment
Center and inquired if A-1 can pursue any remedy if it is determined the material was
misrepresented. He wants to know what options are available from a County perspective and
for A-1; if there has been a misrepresentation, he wants to the Board to follow-up on it. Chair
Kirkmeyer stated this decision is the best solution for the operator and the surrounding property
owners and she does not want anyone to fail.
Commissioner Rademacher motioned that the Show Cause Hearing concerning 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, be continued to
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May 18, 2011, and is subject to the following conditions, including the references previously
made by Chair Kirkmeyer: 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 agree to vacate the USR upon closure of the facility, 4) A-1 shall work with the County
Departments of Planning Services and Public Health and Environment, as well as the CDPHE,
to work out key dates in regard to the closure, 5) There will no grinding or movement of the
static pile without the approval from the 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 shall be encased with tackifier instead of the clean wood
materials, 7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
crews, consisting of approximately four (4) to twelve O2) people, daily to pick up debris from the
neighbor's properties, and 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. The motion was seconded by Commissioner
Garcia, and it carried unanimously. There being no further discussion, the hearing was
completed at 2:57 p.m.
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This Certification was approved on the 2nd day of May, 2011.
BOARD OF COUNTY COMMISSIONERS
WELDS•UNTY, CO RADO
ATTEST:
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Weld County Clerk to the Bo 8611/29
t -_ara Kirkmey , Chair
1 '•�u�
;.�r. ;`-^� �n P ' o ay, Pro-Tem
BY: Orc,la p �„. p4� .�
Deputy Clerk to the Board � U N� 2
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David E. Long
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-- m 4 r .,,6,i,...44.-^Douglds Rademipher
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