HomeMy WebLinkAbout20100883.tiff STATE OF COLORADO
Bill Ritter,Jr.,Governor
Martha E. Rudolph,Executive Director �oF'cozo
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Dedicated to protecting and improving the health and environment of the people of Colorado0
4300 Cherry Creek Dr.S. Laboratory Services Division * *
Denver,Colorado 80246-1530 8100 Lowry Blvd. `r •
Phone(303)692-2000 Denver,Colorado 80230-6928 ., - - •Lane
TDD Line(303)691-7700 (303)692-3090 Colorado Department
Located in Glendale,Colorado P
http://www.cdphe.state.co.us of Public Health
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P� P and Environment
April 20,2010
Mr.Patrick Broda CERTIFIED MAIL#7007 0220 0001 0162 4284
Broda's Inert Fill Return Receipt Requested
P.O. Box 337
Henderson, CO 80604
RE: Compliance Advisory, Broda's Inert Fill—Platt Valley Pit —
Weld County, Colorado
Dear Mr. Broda:
This Compliance Advisory provides notice related to information gained during inspections conducted by the
Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division
(the "Department") on February 19, 2010 and April 09, 2010. The Department conducted these inspections in
response to a complaint of alleged illegal solid waste disposal at the above location, and to determine the
property's compliance status relative to the Solid Waste Disposal Sites and Facilities Act, 30-20-100.5, et seq.,
C.R.S.("the Act"), and the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 ("the
Regulations"). The Department advises you that the information gained during the inspection indicates that you
may have violated the Act, the Regulations and the approved Closure Plan for the facility. Department personnel
will further review the established facts, which may result in a revision to this Compliance Advisory to include
additions or clarifications as a result of that review.
Please be aware that you are responsible for complying with the Act and 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. 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: The owner or operator has accepted and disposed of solid waste without a Certificate of
Designation,which violates Sections 102 and 113 of the Act and Sections 1 of the Regulations.
Requested Action 1: The owner or operator should immediately cease accepting any and all solid waste at the
above referenced location until a Certificate of Designation is obtained from Weld County. All solid waste
currently placed upon the former landfill and/or stored within the boundaries of said property should be removed
and properly disposed of within thirty (30) calendar days of the receipt of this letter.
2010-0883
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1-1/28//O CC : � L
April 20,2010
CERTIFIED MAIL# 7007 0220 0001 0162 4284
Mr. Patrick Broda
Page Two
Requested Action 2: The owner or operator should provide all receipts related to the acceptance of materials
placed upon the former landfill and/or stored within the boundaries of said property to the Division for the past
seven(7)years. Additionally, you are requested to provide all receipts relative to the disposal of such wastes
from the subject property to a permitted solid waste disposal facility.
Requested Action 3: The owner/operators shall pay to the state the appropriate Solid Waste User Fee as defined
in 25-16-104.5, C.R.S.
To close out this Compliance Advisory, the Department encourages you to correct the deficiencies noted in this
advisory and the enclosed inspection report within thirty(30)calendar days of the receipt of this advisory,unless
otherwise noted above. Please respond to the Department in writing within forty-five(45)calendar days of
receipt of this letter detailing how you have corrected the deficiency noted in this advisory and the enclosed
inspection report. hi addition,your response shall include documentation as requested in the aforementioned
action items. Please contact this office by May 7, 2010 at the number listed below to schedule a meeting to:
A. Discuss the Compliance Advisory and answer any questions that you may have;
B. Develop an alternative schedule for correcting the deficiency noted above; or
C. Submit information necessary to show that the deficiency is not a violation of Colorado's solid waste
laws.
A copy of the inspection report is enclosed with this Compliance Advisory.
Please contact myself at 303.692.3349 or Charles Johnson at 303.692.3348 concerning the deficiency detailed
under this Compliance Advisory and/or to set a meeting to discuss this Compliance Advisory.
/Sincerely,
�J(anc.c 1 /� p^./l t9 n (AddyG. o
Darre earbom Charles G. Jo
Solid Waste and Material Management Unit Solid Waste and Material Management Unit Leader
Solid and Hazardous Waste Program Solid and Hazardous Waste Program
Enclosure
cc: Troy Swain,Weld County Dept. of Health and Environment
Weld County Commissioners Office
Tony Waldren, DRMS
Jason King, Attorney General's Office
SW Tracking: SW/ADM/GEN 1.6
SOLID WASTE INSPECTION WORKSHEET
Agency: Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Date: February 19, 2010 Times: 10:00 AM- 11:30AM
Site: Broda's Inert Fill—Platt Valley Pit Operator: Patrick Broda
1859 North State Hwy. 85
Brighton, Weld County, Colorado
Phone No.: (303) 808-2500
Inspectors: Darrell Dearborn Inspection: Announced
David Snapp
On February 19, 2010, an announced inspection was conducted at Broda's Inert Fill —Platt Valley Pit
located at 1859 North State Hwy. 85, in Brighton, Weld County, Colorado by myself; Darrell Dearborn,
and David Snapp, both inspector's with the Hazardous Materials and Waste Management Division
(Division). Accompanying the inspectors was Troy Swain, with Weld county Environmental Health. The
inspection was performed to assess the facility's compliance with minimum standards of the Solid Waste
Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S., as amended; and the Regulations
promulgated thereunder, 6 CCR 1007-2.
The Platt Valley Pit is located north of Highway 85 and Weld County Road 6 in Brighton, Colorado. The
site consists of 30 acres permitted for gravel mining by the state Division of Minerals and Geology
Permit No. M-1989-120 and Weld County Special Review Permit AmUSR-905. These permits are all
issued to Aggregate Industries.
This site has no Certificate of Designation or a Design and Operations Plan for the fill operations. The
property is owned by Aggregate Industries, who contracted with Mr. Patrick Broda to fill the pit with
inert materials.
Upon arrival to the site the inspectors met with the Mr. Patrick Broda and his consultant, Mr. Mark
Molen, and explained the nature of the inspection. Mr. Broda said that he has filled the site with dirt,
concrete and a small amount of asphalt since 2007 with the assumption that the permits listed above are
the only ones required. He has also allowed the disposal of directional drilling fluids. This is not an
acceptable or permitted waste stream for this facility.
The site is an attended site and charges for dumping materials here. There is a sign at the entrance that
describe materials suitable for disposal at this site and the hours of operation. The site is open Monday
thru Friday from 7 AM until 5 PM.
We began the inspection by walking the perimeter of the facility. The skies were clear and winds of 2-5
miles per hour were encountered. Photographs were taken and are attached to this inspection report. The
quarry operations are complete and no excavation of materials has occurred for seven years. The quarry
is below the water table and is filled with water. Mr. Broda told the inspectors that the water is about
thirty feet in depth. The entire site is fenced and has a locking gate to provide security and prevent
unauthorized dumping. Mr. Molen said that there are down gradient monitoring wells for the site and that
he has collected groundwater samples for analysis for the past year. These samples were not submitted to
the Division for review.
At the edge of the quarry was an area for the trucks to dump. Mr. Broda explained that the waste was
observed and screened by the equipment operator prior to pushing the materials into the quarry. Several
loads of rock, concrete, dirt and asphalt materials were observed by the inspectors during the inspection.
Very small amounts of organic material such as tree roots and branches were mixed into the waste. A
vacuum truck then pulled to the edge of the quarry and unloaded directional drilling fluids directly into
the pond. Mr. Swain pointed out that the liquid waste is not allowed under the current Special Review
permit issued by Weld County.
FINDINGS STATUS
This site is not in compliance with the Act or the Regulations. Based on the observations during the
inspection it appears that the facility.is in violation with the following regulatory requirements:
• Deficiency 1: The owner or operator has accepted and disposed of solid waste without a
Certificate of Designation, which violates Sections 102 and 113 of the Act and Sections 1, 2 and
3 of the Regulations.
• Deficiency 2: The owner has accepted waste for disposal without paying the appropriate solid
Waste User Fees as required in 25-16-104.5 C.R.S.
•
A Compliance Advisory will be prepared and sent to Mr. Broda informing him of the potential
violations and providing an opportunity to schedule an informal hearing and an agenda for site
compliance.
File: SW/WLD/GEN 1.2
SOLID WASTE INSPECTION WORKSHEET
Agency: Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Date: April 9, 2010 Times: 9:00 AM— 10:30AM
Site: Broda's Inert Fill—Platt Valley Pit Operator: Patrick Broda
Brighton, Weld County, Colorado
Phone No.: (303) 808-2500
Inspector: Darrell Dearborn Inspection: Unannounced
Complaint investigation
On April 9, 2010, an unannounced inspection was conducted at Broda's Inert Fill — Platt Valley Pit
located at 1859 North State Hwy. 85, in Brighton, Weld County, Colorado, by Darrell Dearborn, an
inspector with the Colorado Department of Public Health and Environment's Hazardous Materials and
Waste Management Division (the "Department"). The inspection was performed to assess the facility's
compliance with the Solid Waste Disposal Sites and Facilities Act, 30-20-100.5, et seq., C.R.S. (the
"Act"), and the implementing Regulations, 6 C.C.R. 1007-2 (the "Regulations").
The Platt Valley Pit is located north of Highway 85 and Weld County Road 6 in Brighton, Colorado.
The site consists of 30 acres permitted for gravel mining by the state Division of Minerals and Geology
(Permit No. M-1989-120) and Weld County Special Review Permit (AmUSR-905). These permits are
issued to Aggregate Industries —WCR, Inc. Aggregate Industries owns the property and contracted with
Mr. Patrick Broda to fill the pit with inert materials. This site has no Certificate of Designation and no
Design and Operations Plan for the fill operations.
Upon arrival to the site, the inspector met with Mr. Broda and explained the purpose of the inspection.
Mr. Broda was visibly upset due to the unannounced nature of inspection but was cooperative. Mr.
Broda stated that,beginning in 2007, he has filled the site with 85-88% dirt, 12 % concrete and about 7%
asphalt with the assumption that the permits listed above are the only regulatory requirements. He also
stated that he has allowed the disposal of liquid directional drilling fluids. Drilling fluids are not listed as
an acceptable waste stream for this facility under the two permits.
The site is open Monday thru Friday from 7 AM until 5 PM. The site receives waste from offsite sources
and is attended by an employee of Mr. Broda, who collects a fee for material disposal. A sign at the
entrance describes materials suitable for disposal at this site and the hours of operation. Mr. Broda
stated he is familiar with all the companies that dump at the site, and if an unfamiliar trucking company
arrives seeking disposal, their waste is screened prior to filling.
The entire site is fenced and has a locking gate to provide security and prevent unauthorized dumping.
At the edge of the quarry was an area for the trucks to dump. Mr. Broda explained that all of the waste is
observed and screened by the equipment operator prior to pushing the materials into the quarry. Several
loads of rock, concrete, dirt and asphalt materials were observed by the inspector during the inspection.
Very small amounts of organic material such as tree roots and branches were observed in the surrounding
fill area. A vacuum truck was also observed dumping into a pit near the entrance to the facility. Mr.
Broda told the inspector that the truck was unloading directional drilling fluids. Mr. Broda stated that, in
response to Weld County's concerns raised during the February 19, 2010 inspection, he changed his
process from dumping these fluids directly into the quarry to dumping into a small surface pit to allow
the liquids to evaporate. Mr. Broda explained that he removes the "silt" remaining in the pit after
evaporation and dumps it into the quarry
FINDINGS STATUS
This site is not in compliance with the Act and the Regulations. Based on the observations during the
inspection, it appears that the facility is in violation with the following regulatory requirements:
• Deficiency 1: The owner or operator has accepted and disposed of solid waste from offsite
without a Certificate of Designation in violation of sections 30-20-102 and 113, C.R.S., and 6
C.C.R. 1007-2 § 1.
• Deficiency 2: The owner has accepted waste for disposal without paying the appropriate solid
Waste User Fees to the Department as required by 6 CCR 1007-2 § 1.7.4,pursuant to section 25-
16-104.5, C.R.S..
The Department will issue a Compliance Advisory to Mr. Broda informing him of the potential
violations and providing an opportunity to schedule a compliance conference to further discuss
the matter.
File:
SW Tracking: SW/WLD/GEN 1.2
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