HomeMy WebLinkAbout20090395.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.
Denver, Colorado 80246-1530
Phone (303) 692-2000
TDD Line (303) 691-7700
Located in Glendale, Colorado
http://www.cdphe.state.co.us
January 28, 2009
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
(303) 692-3090
CERTIFIED MAIL # 7007 0220 0001 0160 3876
Return Receipt Requested
Mr. Phil Becker
ABS Organics
21970 WCR 30
Hudson, CO 80642
Mr. Mark Van Earden
27629 WCR 47 1/2
Greeley, CO 80631
Re: Compliance Advisory for Desperado Dairy
Weld County, Colorado
SW WLD DDA 1.6
Dear Messrs. Becker and Van Earden:
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 November 6, 2008. 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
Pertainung to Solid Wastes Sites and Facilities (6 CCR 1007-2, Part 1; the Regulations) developed for the
implementation of the Act. 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 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 I. The site is a Class I composting facility regulated under Section 14.2.2 of the Regulations. It does
not qualify for the agricultural exemption because of the importation of drywall as a feedstock and other solid
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2009-0395
Messrs. Becker and Van Barden
January 28, 2009
Page 2 of 3
waste such as grass and leaves. The site has not received a certificate of designation issued by the Weld County
Commissioners, which is required of Class I composting facilities. The site has stockpiled wood waste, but there
is no evidence of an ability to grind the wood to produce bulking material or to use it to generate compost.
Requested Actions Relative to Deficiency 1:
a. The owner and/or operator of the facility should immediately cease acceptance of solid
waste at the facility.
b. All solid waste not allowed under the agricultural exemption, including drywall and
green waste, should be removed from the premises to a permitted disposal facility within
30 calendar days of your receipt of this correspondence. This material should be tested
prior to disposal and if found to be asbestos -containing material, confirmation soil
sampling will be necessary to demonstrate no dispersal of fibers to the underlying soil.
c. Provide a compost recipe as part of the required certificate of designation application.
d. If the intent is to qualify either for the agricultural exemption or the new Class V facility
classification, then provide a demonstration of the minimum quantity of tree branches
necessary for the effective composting of the agricultural waste generated onsite.
Provide the quantity of agricultural waste generated on site that is desired to be
composted. Demonstrate what portion of stockpiled waste can be used as bulking
material within the 9 months from its initial placement at the facility. Any excess should
be removed to a permitted disposal facility.
e. Within 45 days, the Division requests that you respond in writing documenting the status
of the removal action, other information requested in a -d above, and provide disposal
receipts and photographic documentation in support thereof.
Deficiency 2: The site has no design and operation plan approved by the Division and the Weld County
Department of Public Health and Environment, which is required of Class I composting facilities. This is in
potential violation of Section 14.4 of the Regulations.
Requested Action: If the facility wishes to operate as a Class I composting facility, then a design and operation
plan should be submitted for county and state approval prior to initiation of composting operations. The design
and operation plan would be submitted as part of the certificate of designation application. The Division requests
the submittal of the CD application and the associated documents to Weld County within 90 days of your receipt
of this advisory.
Deficiency 3: The site has not established financial assurance in accordance with Section 1.8 of the Regulations,
which is required of a Class I composting facility.
Requested Action: Same as Requested Actions Relative to Deficiency 1. Failure to complete those actions within
the thirty (30) calendar day time frame may lead the Department to request financial assurance for the cost of
removing such wastes from the property, and disposing of them. This may also lead the Department to seek
payment of the solid waste user fee associated with disposal of such wastes, under Section 1.7 of the Regulations.
To close out this Compliance Advisory, we encourage you to contact this office by February 15, 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.
Messrs. Becker and Van Earden
January 28, 2009
Page 3 of 3
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,
(JerrY Henderson
Solid Waste and Material Management Unit
Solid and Hazardous Waste Program
Enclosure
Charles G. JAtfnson
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: November 6, 2008 Time: 1:30-2:30P
Site: Desperado Dairy Owner: Mark and Trudy Van Earden
27629 WCR 271/2,
Greeley, CO 80631
Phone No.: 970-352-9590
Inspectors: Roger Doak, CDPHE Inspection: Announced
Troy Swain, WCDPHE
Facility Representative Onsite: Mark Van Earden
--Background--
Weld County had received a compliant that an alleged illegal composting operation was occurring at this
site. The purpose of the inspection was to ascertain whether the site is operating in compliance with the
Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 (the Regulations). This
site is not a permitted Class I, II or III composting facility.
--Facility Inspection --
Pre -Inspection Conference: CDPHE inspector Roger Doak and Weld County inspector Troy Swain
arrived at the site at 1:30pm on November 6, 2008. This was an announced inspection; however, the
Van Earden's were not present upon the inspectors' arrival. Mark Van Earden arrived on site
approximately 30 minutes after the inspectors' arrival. Mr. Van Earden indicated he had leased a portion
of the dairy to ABS Organics for a composting operation and he was not involved with the day to day
composting activities at the facility. No representatives for ABS Organics were present at the time of the
inspection. Phil Becker is the contact person for ABS Organics, 970-302-9027.
Inspection Observations: Mr. Van Earden accompanied the inspectors for the duration of the
inspection. Photographs were taken and are documented in the accompanying photographic log. The
following observations were made during the inspection:
a. A stockpile of drywall was located on the southeast portion of the composting area. Mr.
Doak estimated approximately 2,000-3,000 cubic yards of the drywall material was
present. Drywall is potentially asbestos containing material. It appeared that this
material was relatively free of other construction debris. See Photos 1, 2, 3 and 4.
b. A large stockpile of green waste which included such materials as shrubs, tree branches,
tree stumps, grass and leaves was located on the east portion of the composting site.
Miscellaneous construction debris was comingled with the green waste. This stockpile
area is roughly 300ft.x100ftx10ft. See Photo 5.
c. There were two constructed windrows of material being composted on the northwest
portion of the composting area. The windrows appeared to contain manure and bedding
material. No dry wall was observed on the surface of these windrows. See Photo 6.
d. It appears that the bulking material stockpiled onsite would exceed the feedstock
material, manure, produced by the dairy. Drywall is a solid waste and not a Type I
feedstock and therefore is not allowed for use in agriculturally exempt composting
operations.
e. Ponded water was observed at several locations within the composting site.
f Odors or flies were not noticeable.
g. There was no stockpile of woodchips onsite.
--Findings--
The facility is not being operated in compliance with the Regulations. The following deficiencies were
noted during the inspection, prefaced by the corresponding regulatory citation.
1. 14.1.2 and 14.2.2: The site appears to be a Class I composting facility regulated under Section
14.2.2 of the Regulations. It does not qualify for the agricultural exemption because of the
importation of drywall as a feedstock and other solid waste such as grass and leaves. To remedy
the unapproved disposal of drywall, the facility should test or document that the material is not
asbestos containing material. At the time of the inspection, agriculturally exempt composting
facilities were limited to composting materials derived from the on -site agricultural activities by
the generator only, and importation of other compatible materials limited to quantities necessary
for effective composting. Going forward, effective 12/30/08, agriculturally exempt composting
operations will only be able to import woodchips and tree branches, with a maximum of 9
months for stockpiling these solid wastes, Section 14.1.2(D)(2)
2. 14.4: The site has no design and operation plan approved by the Division and the Weld County
Department of Public Health and Environment, which is required of Class I composting facilities.
3. 14.6.2(A): The site has no certificate of designation issued by the Weld County Commissioners,
which is required of Class I composting facilities.
4. 14.3.3(3): The site has not established financial assurance in accordance with Section 1.8 of the
Regulations, which is required of Class I composting facilities.
Based on the above -noted deficiencies, the facility will be receiving a compliance advisory.
--SIGNATURE BLOCK —
Roger Doak
Solid Waste and Material Management Unit
2
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COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Photographic Log
Desperado Dairy
November 6, 2008 Inspection
Photo 1: Pile of drywall debris, looking to the north.
Photo 2: View of drywall stockpile, with the green waste pile beyond, looking to the
east.
Photo 4: Drywall debris pile, view to the east.
Photo 5: Close up of green waste pile. Note contamination with construction debris, an
ponded liquid in foreground.
Photo 6: Windrow containing manure and bedding material. Windrow oriented in the
east/west direction. View toward the east.
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