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Home My WebLink About20092311.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 25, 2009 CERTIFIED MAIL # 7007 0220 0001 0162 4765 Return Receipt Requested Mr. Peter Bosch, Registered Agent Desperado Dairy 27629 WCR 47 '/Z Greeley, CO 80631 Re: Compliance Advisory for Desperado Dairy Weld County, Colorado SW WLD DDA L6 Dear Mr. Bosch: 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 I as amended (the Act) and the Regulations Pertaining to Solid Wastes Sites and Facilities (6 CCR 1007-2, Part l; 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 1. 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 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. (0, 0100-7,731/ Mr. Peter Bosch August 25, 2009 Page 2 of 3 Requested Actions Relative to Deficiency I: 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 60 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 September 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. A copy of the inspection report is enclosed with this Compliance Advisory. Mr. Peter Bosch August 25, 2009 Page 3 of 3 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, errj Henderson Solid Waste and Material Management Unit Solid and Hazardous Waste Program Enclosure cc: Weld County Commissioners SW Tracking Charles G. J�flSns Solid Waste and Material Management Unit Leader Solid and Hazardous Waste Program SOLID WASTE INSPECTION WORKSHEET Agency: Date: Site: Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division November 6, 2008 Time: 1:30-2:30P Desperado Dairy 27629 WCR 271/2, Greeley, CO 80631 Inspectors: Roger Doak, CDPHE Troy Swain, WCDPHE Facility Representative Onsite: Mark Van Earden Owner: Mark and Trudy Van Earden Phone No.: 970-352-9590 Inspection: Announced —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 1, II or UT 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 cast portion of the composting site. Miscellaneous construction debris was comingled with the green waste. This stockpile area is roughly 300ft.x100ftxl0ft. 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 1 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(B): 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 h ate Solid Waste and Material Management Unit 2 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Photog aphic Log Desperado Dairy November 6, 2008 Inspection Photo 2: View of drywall stockpile, with the green waste pile beyond, looking to the east. Photo 3: Close up of drywall and rolls of cardboard like material. Photo 4: Drywall debris pile, view to the east. Photo 5: Close up of green waste pile. Note contamination with construction debris, and ponded liquid in foreground. Photo 6: Windrow containing manure and bedding material. Windrow oriented in the east/west direction. View toward the east. r - COLORADO DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 FAX (970) 304-6498 September 21, 2009 Mr. Peter Bosch, Registered Agent Desperado Dairy 27629 County Road 47.5 Greeley, Colorado 80631 Subject: Compliance with Special Use Permit #1-77- I-11 Dear Mr. Bosch: ill This letter is regarding your Special Use Permit (SUP -T-77.) for a Dairy located in part of the NE4 of Section 13, T5N, R65W of the 6th P.M., Weld County, CO Parcel number 0961-13-0-00-049 I II Notice is hereby given that the property listed above, is not in compliance with SUP :T7l(Special Use Permit). All conditions of the original permit must be in compliance by October 9, 2009 or a Probable Cause public hearing, pursuant Chapter 23, Article II (2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled. If the Probable Cause Hearing is scheduled, the purpose of this public hearing will be to review case number SUP -T 'Ior compliance with the Development Standards and Conditions of Approval, as approved by the Board of County Commissioners on October 16, 1972, to determine if probable cause exists to hold a hearing on revocation of the permits. The Department of Public Health and Environment has received information that there is an unpermitted composting operation occurring on site and is therefore in violation of the State of Colorado solid waste regulations. The Colorado Department of Public Health and Environment and the Weld County Department of Public Health and Environment conducted a joint inspection on November 6, 2008 to determine the facility's compliance status with respect to the Solid Wastes Disposal Sites and Facilities Act, Title 30, Article 20, Part I as amended (the Act) and the Regulations Pertaining to Solid Wastes Sites and Facilities (6 CCR 1007-2, part I; the Regulations) developed for the implementation of the Act. The information gathered during the November 2008 inspection indicates that there may be a violation of Colorado's solid waste laws. tit 2)1 :;1l\n L�."nC!cL l..�bv1 L/_.>Z? L`I If it is determined at the public hearing that there is probable cause that you are not in compliance with SUP - 177, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Use Review permit. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sin?erely, IT 6 \ Kim Otte Planning Services Enclosure CDPHE Letter of August 25, 2009 pc. T. Swain. Environmental Health A. Siron, Compliance E. Gesick, CTB M. Van Earden File'. $UP4 . I I Property research 13-5-65 Hello