HomeMy WebLinkAbout20092114.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 6, 2009
CERTIFIED MAIL # 7099 3220 0003 0282 7271
Return Receipt Requested
Mr. John Moser
6600 W. 20th St #11
Greeley, CO 80634
Re: Compliance Advisory for Stromo Composting Facility
Weld County, Colorado
SW WLD SCF 1.6
Dear Mr. Moser:
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 (the Department), Hazardous Materials and Waste
Management Division") on June 25, 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 statute), the regulations (6
CCR 1007-2) developed for the implementation of the statute, and the approved Engineering Design and
Operations Plan (the Plan). The Department advises you that the information gained during the inspection may
indicate 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 action 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. Stormwater collection: Section 14.3.I(C) of the Regulations requires that the facility workpad be
of sufficient slope to direct stormwater / leachate to the collection and storage system. The facility workpad area
lacks sufficient slope to direct stormwater / leachate to the stormwater collection pond. Evidence of ponding was
noted in several places. This is a potential violation of Section.14.3.1(C) of the Regulations. Furthermore, the
Page I 1 of approved plan states: "Stormwater from the composting site that has been in contact with raw
composting material or compost in various stages is collected in a stormwater containment structure located in the
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//7/0 7
2009-2114
Mr. John Moser
August 6, 2009
Page 2 of 3
northwest corner of the composting site." Failure to maintain positive drainage constitutes a deviation from the
approved plan, which is an apparent violation of Section 1.3.9 of the Regulations.
Requested Action 1: Regrading to remove low spots is requested in 30 calendar days of receipt of this letter.
Modification of the site stormwater control features design at the facility , consistent with the Department's June
3, 2009 comment letter regarding the May 8, 2008 revised design and operation plan, is requested within 90
calendar days of the date of this letter.
Deficiency 2: Stormwater pond dewatering: Due to a breakdown of the pump used for stormwater pond
dewatering, the site currently lacks the ability to dewater the stormwater pond. If allowed to persist, this situation
will place the facility in violation of Section 14.3.1(B)(6) within 2 weeks time.
Requested Action 2: The facility is requested to dewater the stormwater pond within 30 calendar days of the date
of this letter as required by the Regulations.
Deficiency 3: Debris pile removal: The debris pile located near where the entrance road enters the compost site
(i.e. east of where the entrance road crosses the west stormwater conveyance) is not comprised of compost
feedstock or bulking material, but rather, solid waste. Acceptance of solid waste, except as related to the activity
of composting, is not permitted in the facility's design and operation plan nor by Section 14.6.1(B) of the
Regulations.
Requested Action 3: Debris pile removal to a permitted solid waste disposal site and facility is requested within
90 calendar days of receipt of this letter. Receipts should be retained and copies provided to the Department
within 30 calendar days of removal.
Deficiency 4: Analytical testing of finished compost: The facility could only document one complete analytical
test from 2008. Based on volumes two would have been required if taken in 2008 and the sampling frequency
doubled as of January 1.2009.
Requested Action 4: The facility is requested to immediately upon receipt of this letter cease distributing finished
compost off the site until the sampling frequency required for finished compost in Section 14.5.2 of the
Regulations can be documented with passing values for all parameters. Analysis should include all parameters in
Section 14.5.1 of the Regulations. If one or more samples fail for any of the required parameters, the sample
volume represented by failing tests should be reintroduced into the composting process, and pass a retest prior to
distribution.
Deficiency 5: Operating record: The following items were noted to be missing from the operating record:
Financial assurance documentation, design and operation plan, facility training records. These are required per
Section 14.7 of the Regulations.
Requested Action 5: All required records should be restored to the operating record within 7 calendar days of
receipt of this letter. Additionally, leachate pumping records are recommended to demonstrate compliance with
Section 14.3.6(B) of the Regulations.
Deficiency 6: Financial Assurance: The facility updated its financial assurance cost estimates in a submittal to
the Division dated May 8, 2008. The revised estimate is $22,700. With a balance of $18,278 as of 12/08, the
financial instrument that the facility established to cover these costs is underfunded. Moreover, the facility has
not made the required annual adjustment for inflation.A Department correspondence dated March 24, 2005
requested that the facility update the financial assurance cost estimates. No response to that correspondence
Mr. John Moser
August 6, 2009
Page 3 of 3
appears to have been submitted to the Department. Furthermore, the facility has not updated the cost estimates
annually for inflation. This is an apparent violation of 1.8.3 of the Regulations.
Requested Action 6: Within 30 calendar days of receipt of this letter, the facility should update the closure and
post closure care cost estimates and submit them to the Department for review and approval, and submit a copy to
the local governing body as well.
To close out this Compliance Advisory, we encourage you 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.
By November 1, 2009, you are requested to report back to the Department detailing in writing what actions have
been taken in response to the Compliance Advisory.
A copy of the inspection report is enclosed with this Compliance Advisory.
You may contact myself 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,
Jerry Henderson
Solid Waste and Material Management Unit
Solid and Hazardous Waste Program
Enclosure
Charles G. John
Solid Waste and Material Management Unit Leader
Solid and Hazardous Waste Program
cc: Weld County Commissioners
Mr. Ron Ditson, Nature's Cycle Organics, 12508 CR 43, Hudson, CO 80642
Mr. Doug Ikenberry, HMWMD
Mr. Trevor Juricek, Weld County Department of Public Health and Environment
Ms. Ann Siron, Weld County Zoning Compliance Officer
Mr. Troy Swain, Weld County Department of Public Health and Environment
SW Tracking
SOLID WASTE INSPECTION WORKSHEET
Agency: Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Date: June 25, 2009 Time: 12:30 — 2:00PM
Site: Stromo Compost Facility
Operator: Ron Ditson
Weld County, Colorado
Phone No.: 970-302-9027
Inspectors: Doug Ikenberry , CDPHE Inspection: Announced
Jerry Henderson, CDPHE
Shana Baker, CDPHE
Troy Swain, WCDPHE
Facility Representative Onsite: Yes
The purpose of the inspection was to determine the facility's compliance with the requirements
set forth in the Solid Wastes Disposal Sites and Facilities Act, CRS 30-20-100 et seq., the
Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2 ("the Regulations")
and the approved Design and Operations Plan for the facility.
Background: Stromo Composting Facility is a Class I composting facility operating under a
certificate of designation issued by the Weld County Commissioners. Per the facility's annual
report, feedstocks handled in the last year include manure, tree trimmings, leaves, sawdust,
biosolids and animal mortalities. Although the plan states that the facility will construct a
mixing pad prior to receipt of biosolids, the Division did approve the receipt of up to 50 cubic
yards of biosolids on a pilot basis.
Inspection:
Site Inspection: The inspectors were met at the site by Mr. Ditson, who accompanied the
inspectors throughout the course of the inspection. The facility has proper signage and access
controls.
Stormwater Control: No ponded water was present on the day of the inspection but evidence of
ponding in low spots was noted. See Photos 1 and 2. The approved plan states that "stormwater
from the composting site that has been in contact with composting material or compost in various
stages is collected in a stormwater containment structure located at the northwest corner of the
composting site." Low spots currently exist throughout the site, resulting in ponding in apparent
violation of this design goal. The low spots can be filled in through regarding, but the larger
issue is that the topography of the site is too flat to allow drainage of contact water to the
stormwater pond. In lieu of positive drainage, contact water (i.e. leachate) is allowed to infiltrate
into the subsurface of the unlined composting area.
Stormwater Dewatering: The pump used for dewatering the stormwater pond has been broken
for two weeks. Given the pump failure and the fact that precipitation has been heavy in the last
month, the high water levels in the pond are not unexpected. See Photo 3.
Debris: A debris pile near the entrance to the site is from Renewable Fiber. This is not compost
feedstock or bulking material, but solid waste for which the only disposal option will be offsite.
See Photo 4.
Records Review:
Analytical testing of finished compost: The facility produced roughly 40,000 cubic yards of
finished compost in 2008. Roughly half that amount, or slightly less than 20,000 cubic yards,
was distributed offsite during 2008. One analytical test for the full suite of Table 1 parameters
was done for -the -finished compost -distributed offsite-during 2008. As for -the 20;000 cubic yards
of finished compost produced during 2008, but remaining onsite as of the end of the year, that
should have been tested at the rate of 1 test per 10,000 cubic yards, because the sampling
frequency doubled as of 12/31/2008.
Operating Record: No office exists at the Stromo Composting Facility. Thus, the operating
record resides at the office of Nature's Cycle Organics. As a result, Mr. Ditson brought the
operating record to the inspection. However, the operating record lacked the following: design
and operation plan, financial assurance records and cost estimates, employee training ( a new
requirement of the revised Section 14), and leachate pumping records (a new requirement of the
revised Section 14). [The facility updated its financial assurance cost estimates in a submittal to
the Division dated May 8, 2008. The revised estimate is $22,700. With a balance of $18,278 as
of 12/08, the financial instrument that the facility established to cover these costs is underfunded.
Moreover, the facility has not made the required annual adjustment for inflation.]
Findings: The facility is not being operated in compliance with the Regulations or the approved
plan. Specific deficiencies, or potential violations, are noted below.
1. Deficiency #1: Stormwater collection: Section 14.3.1(C) of the Regulations requires that
the facility workpad be of sufficient slope to direct stormwater / leachate to the collection
and storage system. The facility workpad area lacks sufficient slope to direct stormwater
/ leachate to the stormwater collection pond. Evidence of ponding was noted in several
places. This is a potential violation of Section.14.3.1(C) of the Regulations.
Furthermore, the Page 11 of approved plan states: "Stormwater from the composting site
that has been in contact with raw composting material or compost in various stages is
collected in a stormwater containment structure located in the northwest corner of the
composting site." Failure to maintain positive drainage constitutes a deviation from the
approved plan, which is an apparent violation of Section 1.3.9 of the Regulations.
Regrading to remove low spots is requested in 30 calendar days, evaluation of the overall
stormwater design is requested within 90 calendar days.
2. Deficiency #2: Stormwater pond dewatering: Due to a breakdown of the pump used for
stormwater pond dewatering, the site currently lacks the ability to dewater the stormwater
2
pond. If this situation were allowed to persist, the facility would be in violation of
Section 14.3.1(B)(6) within 2 weeks time. The facility is requested to dewater the
stormwater pond within 30 calendar days as required by the Regulations.
3. Deficiency #3: Debris pile removal: The debris pile located near where the entrance road
enters the compost site (i.e. east of where the entrance road crosses the west stormwater
conveyance) is not comprised of compost feedstock or bulking material, but rather, solid
waste. Acceptance of solid waste, except as related to the activity of composting, is not
permitted in the facility's design and operation plan nor by Section 14.6.1(B) of the
Regulations. Debris pile removal to a permitted solid waste disposal site and facility is
requested within 90 calendar days. Receipts should be retained and copies provided to
the Division within 30 calendar days of removal.
4. Deficiency #4: Analytical testing of finished compost: The facility could only document
one complete analytical test from 2008. Based on volumes two would have been required
if taken in 2008 and the sampling frequency doubled as of January 1. 2009. The facility
isiequested-to- cease -distributing finished compost -off -the -site -until -the sampling
frequency required for finished compost in Section 14.5.2 of the Regulations can be
documented with passing values for all parameters. Analysis must include all parameters
in Section 14.5.1 of the Regulations. If one or more samples fail for any of the required
parameters, the sample volume represented by failing tests should be reintroduced into
the composting process, and pass a retest prior to distribution.
5. Deficiency #5: Operating record: The following items were noted to be missing from the
operating record: Financial assurance documentation, design and operation plan, facility
training records. These are required per Section 14.7 of the Regulations, and should be
restored to the operating record within 7 calendar days. Additionally, leachate pumping
records are recommended to demonstrate compliance with Section 14.3.6(B) of the
Regulations.
6. Deficiency #6: Financial Assurance: The facility updated its financial assurance cost
estimates in a submittal to the Division dated May 8, 2008. The revised estimate is
$22,700. With a balance of $18,278 as of 12/08, the financial instrument that the facility
established to cover these costs is underfunded. Moreover, the facility has not made the
required annual adjustment for inflation.
--SIGNATURE BLOCK—
itZenderson / Date
Solid Waste and Material Management Unit
3
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Photographic Log
Stromo Composting Facility
June 25, 2009 Inspection
Photo 1: Low spot where water ponding has occurred, north side of site near detention
pond.
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Photo 4: Debris pile from Renewable Fiber located near the entrance to the facility.
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