HomeMy WebLinkAbout20100774.tiff STATE OF COLORADO
Bill Ritter,Jr„-Govg@rryryor
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Dedicated to protecting and improving the health and environment of the people of Colorado ft.7 ` �90
4300 Cherry Creek Dr.S. Laboratory Services Division * � ,:*
Denver,Colofado 80246-1530— 8100 Lowry Blvd. /
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Phone(303)692-2000 Denver,Colorado 80230-6928 1896 Y
TDD Line(303)691-7700 (303)692-3090 Colorado Department
Located in Glendale,Colorado P
of Public Health
http://www.cdphe.state.co.us and Environment
Certified Mail # 7007 0220 0001 0162 7940
Return Receipt Requested
April 7, 2010
Weld County Commissioners
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
Re: Final Agency Action: Certificate of Designation Recommendation of
Approval with Conditions—Waste to Energy Design and Operation Plan — Revision#3
Heartland Renewable Energy, LLC
Weld County, Colorado
Dear Honorable Commissioners,
The Colorado Department of Public Health and Environment ("CDPHE"), Hazardous Materials
and Waste Management Division of("the Division") received on April 21, 2009 one copy of a
Certificate of Designation ("CD") Application entitled "Waste to Energy Design and Operation
Plan for Heartland Renewable Energy, LLC" ("the DOP") dated April 2009, submitted and
prepared by AGPROfessionals, LLC ("AGPRO"). On May 15, 2009 via e-mail, the Division
received official notification from the Weld County Department of Planning Services requesting
the Division begin reviewing the document. The Division conducted a completeness review in
accordance with procedures outlined in the Solid Waste Act ("Act"), CRS 30-20-101.5 et seq.,
and corresponding Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2,
Part 1 ("the Solid Waste Regulations"). In a letter dated May 27, 2009 the Division notified
Heartland Renewable Energy, LLC ("HRE") that the DOP, as submitted, was incomplete. On
June 18, 2009, the Division received one copy of Revision #1 to the DOP dated June 15, 2009.
In its letter dated July 1, 2009 the Division notified HRE that the revised DOP was determined to
be complete.
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April 7,2010
Weld County Commissioners
Final Agency Action: Certificate of Designation Recommendation of
Approval with Conditions—Waste to Energy Design and Operation Plan—Revision#3
Heartland Renewable Energy, LLC
Weld County, Colorado
Page 2
The Division conducted its comprehensive technical review of Revision #1 of the DOP pursuant
to the procedures outlined in the Act and the Solid Waste Regulations. The Division's
preliminary comments and requests for additional information regarding Revision #1 were
provided in its letter dated July 13, 2009. In response to the Division's July 13th letter, AGPRO
prepared Revision #2 to the DOP dated September 15, 2009. Revision #2 was received by the
Division on September 22, 2009. On September 27, 2009 the Division published a notice in The
Greeley Tribune requesting public comments on the DOP. The public comment period ended
October 27, 2009 with the Division receiving no comments.
After reviewing Revision #2, the Division provided comments in a letter dated November 12,
2009. In a letter dated December 7, 2009, AGPRO provided responses to the Division's
November 12th comments. The Division requested additional information and clarification via
electronic mail dated December 18, 2009. The Division received via e-mail on January 12, 2010
and via regular mail on January 14, 2010 a letter dated January 11, 2010 from AGPRO which
provided written responses and updated drawings. In its letter dated February 1, 2010, the
Division approved, with modifications, the AGPRO letters dated December 7, 2009 and January
11, 2010, and the revised drawings dated January 6, 2010. The Division required FIRE to submit
an updated DOP to the Division for its review and approval.
On March 26, 2010 the Division received Revision #3 to the DOP dated March 19, 2010
("Revised DOP"). The Division has reviewed the Revised DOP for technical merit. It is the
determination of the Division that the proposed facility can comply with the technical,
environmental, and public health standards in the Act and corresponding Solid Waste
Regulations if the facility is constructed, operated, and monitored as detailed in the Application,
and with the conditions of the Division as stated in this letter. Based on this assessment, the
Division recommends, as final agency action, that this facility may be approved by Weld
County, with the conditions set forth herein and with any additional local restrictions. The
Division's approval of the Application has the following conditions that shall be incorporated
into the CD when and if issued by Weld County. Please note that certain conditions listed below
are included in the Revised DOP but are repeated herein for emphasis.
1. Prior to construction, HRE shall submit to the Division and Weld County for review and
approval, a Construction Quality Assurance and Quality Control Plan ("CQA/QC Plan"),
technical specifications, and construction drawings. The documents shall be submitted at
least sixty(60) calendar days prior to commencement of construction.
2. Following construction, HRE shall submit to the Division and Weld County for review
and approval a construction certification report, which includes construction record
drawings, deviations from the approved plan, and results of all testing and documentation
requirements set forth in the CQA/QC Plan. The construction certification report shall be
submitted at least sixty (60) days prior to acceptance of feedstock.
April 7,2010
Weld County Commissioners
Final Agency Action: Certificate of Designation Recommendation of
Approval with Conditions—Waste to Energy Design and Operation Plan—Revision#3
Heartland Renewable Energy, LLC
Weld County, Colorado
Page 3
3. Section 3.0(E)(1), Run-on, Run-off, includes the following statement: "The attached site
map, indicates the preliminary grading contours and demonstrates how all runoff will
flow toward a storm water retention pond to be constructed in the northwest corner of the
property. " The "attached site map"refers to Sheet D-1, Revision #6 dated March 4,
2010 included at the end of the Revised DOP.
4. Section 3.0(E)(2), Wastewater Ponds, includes the following statement: "These ponds
will be designed in accordance with Section 9 of the Solid Waste Regulations as Class II
impoundments. The Groundwater Monitoring Plan has been implemented and
groundwater monitoring wells are located to enable detection and assessment of the
controlled seepage impact on groundwater. " Sheet MW-1 in the Groundwater
Monitoring Plan shows existing monitoring well MW-2 within the footprint of a
proposed reject-water storage pond. AGPRO has informed the Division the HRE plans
to keep MW-2 at its current location and reconfigure/relocate the reject-water storage
pond to avoid MW-2. The Division requires MW-2 to be located immediately down-
gradient from (ie., as close as practical to) the reconfigured/relocated northern-most
reject-water storage pond. Following the installation of proposed groundwater
monitoring wells MW-4 and MW-5, HRE must submit boring logs and well completion
information to the Division and Weld County.
5. Section 3.0(E)(5), Low Permeability Workpad, includes the following statement: "A
non-permeable work pad will be located in the soil amendment delivery building where
the de-watered digestate (soil amendment) will be contained after removal from the
digesters, and prior to being relocated to the soil amendment storage area This non-
permeable concrete pad and delivery building will contain daily batches of the initial 90-
days of production of de-watered digestate, and will allow for adequate storage of this
product while it is being analyzed A waiver request for a low permeable work pad
for the area designated as soil amendment storage will be submitted to the Division and
WCDPHE for approval, to be supported by the full analysis of the de-watered digestate
product. " As a matter of clarification, HRE has indicated that it intends to use the Solids
Dewatering Building (structure number 50) as the "soil amendment delivery building"
during the initial 90 days of production. If the waiver request is denied, then HRE shall
continue to use the Solids Dewatering Building for storage of soil amendment, or HRE
shall construct low permeability work pads in the areas designated on the plans as "soil
amendment storage." Should low permeability work pads become necessary, the design
details, and any necessary revisions to the CQA/QC Plan must be submitted to the
Division and Weld County for review and approval prior to construction of low
permeability work pads.
April 7,2010
Weld County Commissioners
Final Agency Action: Certificate of Designation Recommendation of
Approval with Conditions—Waste to Energy Design and Operation Plan—Revision#3
Heartland Renewable Energy, LLC
Weld County, Colorado
Page 4
6. Sections 4.0(B)(1) and (2), Inputs/Feed Stock, includes the following statement: HRE's
digester facility will not accept hiosolids, or any other solids,processed soild waste, or
sludge other than those described above at this time However, at such time that a Type
III[sic]feedstock could be beneficially used in the digestion process, HRE shall provide
all necessary documentation and request approval to accept the Type III[sic]feedstock. "
The Division considers all of the proposed feedstock listed in Section 4.0(B)(2) of the
Revised DOP as Type 1 and Type 2 as defined in Section 14.1.4 of the Solid Waste
Regulations. As such, the proposed HRE facility is not currently approved to accept
Type 3 feedstock. Section 14.1.4 of the Solid Waste Regulations defines Type 3
feedstock as: "Biosolids, solid waste,processed solid waste, and sludges. " Should HRE
desire to accept certain Type 3 feedstock material in the future, HRE is required to update
the facility's waste characterization plan pursuant to the requirements specified in Section
14.6.1(C) of the Solid Waste Regulations. The acceptance of Type 3 feedstock would be
considered a significant change as defined in Section 1.3.9 of the Solid Waste
Regulations. The updated waste characterization plan requires approval from the
Division and Weld County prior to acceptance of Type 3 feedstock.
7. The Division approves the list of constituents presented in Table 1 on page 5 of the
Groundwater Monitoring Plan. Because the Revised DOP limits the feedstock to Type 1
and Type 2 material, the Division agrees with the assessment of AGPRO that it is
unnecessary to test ground water for total organic halogen, phenolic compounds, and
organic constituents listed in Appendix IB of the Solid Waste Regulations. Should HRE
seek approval for certain Type 3 feedstock in the future, the Division may require
revisions to the groundwater testing requirements.
8. The facility shall comply with the health laws, standards, rules, and regulations of
CDPHE's Hazardous Materials and Waste Management Division, Water Quality Control
Division, and Air Pollution Control Division. The facility shall also comply with all local
laws, ordinances, and CD conditions.
As required by the Act, 30-20-I04(3)(a) and (3)(b), Weld County is obligated to notify its
citizens and conduct a public hearing regarding the proposed solid waste facility. Please forward
a copy of the County's final resolution concerning the CD issuance or denial to the Division.
The Division is authorized to bill for its review of technical submittals pursuant to Section 1.7 of
the Regulations. An invoice for the Division's review of the Revised DOP will be transmitted to
Heartland Renewable Energy, LLC under separate cover.
Should you have questions or comments, please call Curt Stovall at (303) 692-2295 or Roger
Doak at(303) 692-3437.
April 7, 2010
Weld County Commissioners
Final Agency Action: Certificate of Designation Recommendation of
Approval with Conditions—Waste to Energy Design and Operation Plan—Revision#3
Heartland Renewable Energy, LLC
Weld County, Colorado
Page 5
Sincerely,
Curt Stovall, P.E. Roger Doak
Environmental Protection Specialist Permitting Group Unit Leader
Solid Waste and Material Management Unit Solid Waste and Material Management Unit
Solid and Hazardous Waste Program Solid and Hazardous Waste Program
Cc: Gary Beers— Water Quality Control Division
Chris Gathman—Weld County Department of Planning Services
George Howard—Heartland Renewable Energy, LLC
Tim Naylor— AGPROfessionals, LLC
Dana Podell —Air Pollution Control Divsion
Troy Swain — Weld County Health Department
Phyllis Woodford—Office of Environmental Innovation and Sustainability
SW/WLD/HRE 2.1
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