HomeMy WebLinkAbout20092236.tiffSTATE OF COLORADO
Bill Ritter, Jr., Governor
James B. Martin, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Services Division
Denver, Colorado 80246-1530 8100 Lowry Blvd.
Phone (303) 692-2000 Denver, Colorado 80230-6928
TDD Line (303) 691-7700 (303) 692-3090
Located in Glendale, Colorado
http://www.cdphe.state.co.us
August 10, 2009
CERTIFIED MAIL # 7099 3220 0003 0282 7257
Return Receipt Requested
Mr. Todd Loose
Al Organics
16350 WCR 76
Eaton, Colorado 80615
Re: Compliance Advisory for Platteville Highway 66 Composting Facility
Weld County, Colorado
SW WLD HGW 1.6
Dear Mr. Loose:
Colorado Department
of Public Health
and Environment
This Compliance Advisory provides notice related to information gained during an inspection conducted by the
Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division
(the "Department") on March 11, 2009. This inspection was conducted jointly with officials from Weld County.
The purpose of the inspection was to determine the facility's compliance status with respect to the Solid Wastes
Disposal Sites and Facilities Act," Title 30, Article 20, Part 1 as amended (the Act) and the Regulations Pertaining
to Solid Wastes Sites and Facilities (6 CCR 1007-2, Part 1; the Regulations) developed for the implementation of
the Act and the approved Engineering Design and Operations Plan (EDOP). The Department advises you that the
information gained during the inspection indicates that you may have violated Colorado's solid waste laws.
Department personnel will review the facts established and this notice may be revised to include additions or
clarifications as a result of that review.
Please be aware that you are responsible for complying with the State solid waste 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. Also, this Compliance Advisory does not constitute a bar
to enforcement actions for conditions that are not addressed in this Compliance Advisory, or conditions found
during future file reviews or inspections of your property. 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: Control of Plastic Litter: The offsite litter appeared to be sourced from the facility and constitutes
a nuisance condition that is in violation of Section 2.1.3, 2.1.11 and 14.3.3(D) of the Regulations. Failure to
control litter onsite led to an inability to control migration of litter off the site.
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2009-2236
Mr. Todd Loose
August 10, 2009
Page 2 of 2
Requested Action #1: The Division understands that the recent addition of new equipment at the site may have
improved the litter situation since the day of the inspection. The facility should also immediately institute the
practice of regular on -site and off -site inspections to identify any emerging litter issues soon after they arise, with
the inspections plus any necessary corrective actions documented.
Deficiency 2: Liquid waste was deposited in a bermed area on the ground surface prior to mixing with bulking
agent and feedstock. This is in apparent violation of the facility's approved EDOP, which provides for the
addition of liquid waste directly to windrows upon receipt unless tank storage is used (Section 2.13). Failure to
adhere to the approved procedures is a violation of Section 1.3.9 of the Regulations. Failure to provide adequate
control of the leachate is a violation of Section 14.3.1(C) of the Regulations and the approved EDOP.
Requested Actions Relative to Deficiency I:
a. The owner and/or operator of the facility should immediately cease depositing liquid
waste onto the ground. All liquid waste should be applied directly to windrows in
accordance with the approved procedures found in Section 2.13 of the approved EDOP.
b. If alternate handling methods are desired for the liquid waste, these should be submitted
to the Department and Weld County as part of a proposed design and operation plan
amendment.
To close out this Compliance Advisory, we encourage you to document your return -to -compliance by submitting
correspondence back by August 31, 2009, or to contact this office by August 31, 2009 at the number listed below
and, where necessary, schedule a meeting:
A. To discuss the Compliance Advisory and answer any questions that you may have;
B. To develop a schedule for correcting the deficiency noted above; or
C. To 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.
You may contact Jerry Henderson at 303.692.3455 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,
Henderson
Solid Waste and Material Management Unit
Solid and Hazardous Waste Program
Enclosure
Charles G. Joo
Solid Waste and Material Management Unit Leader
Solid and Hazardous Waste Program
cc: Weld County Commissioners
Mr. Trevor Juricek, Weld County Department of Public Health and Environment
Mr. Troy Swain, Weld County Department of Public Health and Enviroment
SW Tracking
SOLID WASTE INSPECTION WORKSHEET
Agency:
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Date: March 11, 2009
Site:
Inspectors:
Inspection:
Platteville Compost Facility.
Highway 66, west of CR 17
Platteville, Colorado
Times: 9:45A— 10:45AM
Operator: Al Organics
Ph. No: (970) 454-3492
Jerry Henderson (CDPHE), Troy Swain (WCDPHE)
Unannounced
Facility Representative: Rick Debban, Site Operator
On March 11, 2009, Jerry Henderson and Troy Swain, representatives of the Hazardous Materials
and Waste Management Division of the Colorado Department of Public Health and Environment
(Division), conducted an unannounced inspection of the Platteville Compost Facility located in
Weld County, Colorado. The purpose of the inspection was to investigate a complaint and
determine compliance of the facility with the requirements set forth in the Solid Waste Disposal
Sites and Facilities Act, CRS 30-20-100 et seq.,with the Solid Waste Disposal Sites and Facilities
Regulations, 6 CCR 1007-2 ("the Regulations") and the approved Engineering Design and
Operations Plan.
--Background—
The WCDPHE received a complaint of plastic litter escaping the facility via windblown transport.
WCDPHE requested the assistance of CDPHE in investigating the complaint and rendering a
regulatory determination. For the time being, the WCDPHE will remain the lead agency in this
complaint investigation, with CDPHE's role limited to support and regulatory interpretation.
--Site Inspection—
Offsite Area: The inspectors first surveyed the offsite areas to the east of the facility. About two
thirds of a mile to the north of Highway 66 along CR 17, a large amount of plastic litter was
observed, extending for several hundred feet along the public right of way. The plastic pieces
were smaller than whole grocery bags, and they did not appear to be characteristic of a plastic
litter commonly observed along roadways. Samples of these pieces were collected from the
public right of way. They were predominantly clear to white, with some green mixed in, and of a
thickness and texture typical grocery bags. In terms of size, the pieces measured from 2 to 8
inches in length in the longest dimension. See Photo I. The plastic pieces were also present in
larger numbers than what is typically seen along even a heavily used county road. See Photo 2.
The parcel to the east of CR 17 was littered with what appeared to be more of the same pieces of
plastic. See Photo 3. The inspectors did not have access to this parcel, so the close observation
was only possible of those pieces in proximity to the right of way.
Onsite Inspection: The facility is accessed from Highway 66 along a private drive heading north
located between 1/4 and 'h mile east of CR 17. The inspectors drove into the facility to request
permission to perform the inspection. On the way in, a tanker truck was in the process of leaving
the site. This was presumed to be the
The inspectors got the attention of a person operating a front end loader. He dismounted from the
machine to speak with the inspectors. He identified himself as Rick Debben, Site Operator. The
site manager was currently in Greeley on other business. The inspectors requested permission to
perform an inspection. Such permission was granted by Mr. Debben. He then placed a phone
call on his cell phone. Mr. Henderson asked if they needed to give the Site Manager, an
opportunity to arrive at the site, before commencing with the inspection. Mr. Debben said that
the site manager would not be available, but the inspectors had free access to the site. He did not
accompany the inspectors, except to demonstrate the vacuum apparatus for removal of plastic
from finished compost. Plastic pieces were found onsite roughly equivalent in size, color and
shape to those found offsite. See Photo 5. The plastic pieces were so numerous as to be
ubiquitous on the site, found not only on the surface of windrows and embedded in the windrows,
but on the surface of the ground between windrows as well. See Photos 7 and 8.
Liquid Management: A pool of steaming and freshly dumped liquid was contained within a
bermed area just to the north of the entrance area. See Photo 4. Mr. Debben stated that it was
milk waste. Presently, he used a front end loader to mix the liquid with bulking agent piled
nearby. An additional pool of liquid was observed just east of Windrow 62. See Photo 6.
--Findings-
1. Control of Plastic Litter: The offsite litter appeared to be sourced from the facility and
constitutes a nuisance condition that is in violation of Section 2.1.3, 2.1.11 and 14.3.3(D)
of the Regulations. Failure to control litter onsite is leading to an inability to control
migration of litter off the site. The recent acquisition and implementation of the vacuum
system for finished compost seems likely to address only part of the problem because the
plastic appears likely to be transported from the in -process windrows as well. [Weld
County Department of Public Health and Environment has taken lead on addressing the
litter issues.]
2. Management of Liquid Waste: Liquid waste was deposited onto the ground in a bermed
area. The facility is approved for the addition of liquid waste directly to windrows.
Failure to adhere to the approved procedures is a violation of Section 1.3.9 of the
Regulations. Failure to provide adequate control of the leachate is a violation of Section
14.3.I(C) of the Regulations and the approved EDOP. If the facility wishes to mix liquid
in the manner observed during the inspection, it will be necessary to design mixing basin,
obtain approval for such design from the Division and Weld County, construct the mixing
pad in accordance with the approved design, and then commence using the mixing pad
for absorption of liquid waste when direct application to windrows is either not feasible
or not the desired method of handling liquid waste.
Signature:
File: SW/WLD/HGW/1.2
Date: 16041
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Photographic Log
Al Organics Platteville Compost Facility
March 11, 2009 Inspection
Photo 1: Samples of plastic debris collected from the public on CR 17 on March 11,
2009, the photograph was taken in the office, using a 9x12" inspection tablet for scale.
Photo 2: View to the northeast from roughly the CR 17 right of way due east of the
facility. Note small pieces of plastic caught in the roadside vegetation and on the fence.
Photo 3: View to the east of CR 17, taken from the right of way approximately 0.6 mile
north of Highway 66, due east of the facility. Note white pieces visible caught on the
vegetation.
Photo 4: Bermed area on the facility into which liquid waste had been received.
Photo 5: Piece of plastic typical in size and coloration to that found all over the site, with
a 9" by 12" inspection tablet underlying the plastic for scale.
Photo 6: Windrow 62, with liquid observed at the east side of the windrow, view to the
west northwest.
Photo 7: Close up view of in -process windrow showing white pieces of plastic on the
surface of the windrow.
Photo 8: Long view of typical in -process windrow with plastic pieces on the surface.
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