HomeMy WebLinkAbout20062707 RESOLUTION
RE: APPROVAL OF RENEWAL APPLICATION FOR TAVERN LICENSE FROM SIPRES
LOUNGE, INC., DBA SIPRES LOUNGE AND AUTHORIZE CHAIR TO SIGN -
EXPIRES OCTOBER 11, 2007
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,Sipres Lounge, Inc., dba Sipres Lounge, presented to the Board of County
Commissioners of Weld County, Colorado, an application for the renewal of a Tavern Liquor
License, for the sale of malt, vinous and spirituous liquors, and
WHEREAS,pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the
sum of$125.00 to the County of Weld for the renewal of the existing license, and
WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt,vinous
and spirituous liquors for consumption by the drink on the premises only,outside the corporate limits
of any town or city in the County of Weld at the location described as follows:
1490 Weld County Road 27
Brighton, Colorado 80603
NOW,THEREFORE,BE IT RESOLVEDthatthe Board of County Commissioners of Weld
County,Colorado, having examined said application and the other qualifications of the applicant,
does hereby grant License Number 2006-18 to said applicant to sell malt, vinous and spirituous
liquors for consumption by the drink on the premises only at said location; and the Board does
hereby authorize and direct the issuance of said license by the Chair of the Board of County
Commissioners,attested to by the Clerk to the Board of Weld County,Colorado,which license shall
be in effect until October 11, 2007,providing that said place where the licensee is authorized to sell
malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be
conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations
relating thereto, heretofore passed by the Board of County Commissioners of Weld County,
Colorado, and any violations thereof shall be cause for revocation of the license. Said license is
conditioned upon the applicant's compliance with the following conditions:
1. That by January 1,2007,the applicant and licensed premises shall be in substantial
compliance with Enforcement Order Number: DT-040830-6 of the Colorado
Department of Public Health and Environment, a copy of which is attached hereto
as Exhibit "A."
2. That immediately and without cessation, the applicant and/or licensed premises
shall comply with the following:
2006-2707
LC0028
RENEW LIQUOR LICENSE - SIPRES LOUNGE, INC.
PAGE 2
a. Water shall not be served or ice made for consumption with water obtained
from the well that is currently serving the licensed premises.
b. Signs in English and Spanish shall be posted in the bathrooms and at every
faucet or spigot available or accessible to patrons.
c. Bacteriological testing shall be conducted monthly and nitrate testing
conducted quarterly at the licensed premises. Results shall be provided to
the Weld County Department of Public Health and Environment.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said application.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 27th day of September, A.D., 2006.
BOARD OF CSUNTY COMMISSIONERS
WELD COU 7 , COLORADO
ATTEST: ike#1 vv���� f ' • ) (AYE)
1861 C, ;i. le, alr
Weld County Clerk to the Bo- � �
�a. ( c cs (AYE)
p¶t`Y 9� d E. Long, Pro-Tem
n/../BY: _ -2.a i! . .. 1 If
Deputy lerk to the Board i ✓,�1_? / (NAYI
William H. Jerke
7
APPROVED AS TO FO,RM C" kLt (NAY)
.i] Robert D. Marsden
,-County Attorney �4!/6/ (AYE)
Glenn Vaad
Date of signature: 02b-O ce,
2006-2707
LC0028
•
THIS LICENSE MUST BE POSTED IN PUBLIC VIEW
DR 8402102/03/041
STATE OF COLORADO
DEPARTMENT OF REVENUE
Liquor Enforcement Division
1881 Pierce Street,Suite 108
Lakewood.Colorado 80214
SIPRES LOUNGE INC
SIPRES LOUNGE
1490 WCR 27
BRIGHTON CO 80603
ALCOHOLIC BEVERAGE LICENSE
Liability Information
Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT
03-69427-0000 03 206 722410 C 101204 OCT 11, 2007
Type Name and Description of License Fee
2011 TAVERN LIQUOR LICENSE - $ 75.00
MALT, VINOUS, AND
SPIRITUOUS
2190 COUNTY 85 PERCENT OAP FEE $ 425.00
TOTAL FEEIS) $ 500.00
This license is issued subject to the laws of the State of Colorado and especially under the
provision of Title 12, Articles 46 or 47. CRS 1973, as amended. This license is
nontransferable and shall be conspicuously posted in the place above described.This license is
only valid through the expiration date shown above.Questions concerning this license should
be addressed to the Department of Revenue,Liquor Enforcement Division, 1375 Sherman
Street,Denver,CO 80261.
In testimony whereof,I have hereunto set my hand.
Oa 0 8 2006 14-
Division Director Executive Director
4.
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License Number Licenser
COLORADOe DDEPT uF Relax LIQUOR OR 3.2 BEER LICENSE 03-69427-0000 2011pe
LIQUOR RCE ST EME"T Division RENEWAL APPLICATIONLiability
LAKE 00D 1008
03 Information206 722410 C 101204
IMO PI RC co Bon21 a
Business Location
1490 WCR 27
SIPRES LOUNGE INC BRIGHTON CO
SIPRES LOUNGE Current License Expires
1490 WCR 27 OCT 11 , 2006
BRIGHTON CO 80603
R. This renewal reflects no changes from the last Wholesaler,manufacturer.importer,and public transportation
I- application Complete page 2 and file nowt system license renewals do not need Local Licensing Authority
❑ Yes there re domes from the last application approval and must be returned directly to the Colorado
If applicant is a Corporation or Limited Liability Department of Revenue at least 30 days prior to the current
company, use DR 8177 and send in with this license expiration date.
renewal.Any other changes of ownership require a
transfer of ownership See your Local Licensing
Authority immediately. This ' .or for reread must be retrrsd to yowg
❑ Delivery Permit requested?Retail Liquor Store,Drug ORIfXJ RIT`( 1LcersimADdtwityat last 45 days prior tothe
•
Store or 3.2%Beer-Combination On/Off Premises expeaecn date of your arrant Soerne.Failure to do so may
Licenses ONLY. Check the box if you want the of ft inyosr icerse not bang renewed.Inducts both pages
permit to be issued of eisrertewdardpaymertt
I
I declare under penalty of perjury in the second degree that this application and all attachments are true,correct and complete to the
best of my knowledge.
Authorised Signature ' Date Business Phone
a'aNumb "Sa36 -5-erclIC
Title of Signer hf corporation) / Sales Tax Numb
items, —
.7er
96PORTRNJArPf10VALOF'CITYC111COUNfy1:lf :q Fy E '
The foregoing application has been examined and the premises,business conducted and character of the r can art- d we do
hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 4, d rT t?fA�pEFe'E THIS
APPLICATION IS APPROVED
Local Licensing Authority for I') _ oat
Weld County, Colora 0 Town/City �] Count ' A/_. 7 U
Signature Title Chair, Board of County AtteO' _? , ! , O
M. J. Gene/0 lli� Commissioners By: ,{t�a `` tf(f'�,
- DO NOT DETACH DO NOT DETACH Dee.ty �i. . , o-tbcfbrotstprti
DR aaou Iotwy 21
last PI DD oST of 1ta11aNa LIQUOR OR 3.2 BEER LICENSE
LAKEW000ECo 80214 RENEWAL APPLICATION
Business Name LICENSE NUMBER Mae for all referencel RENEWED LICENSE EXPIRES AFTER
SIPRES LOUNGE 03-69427-0000 10-11-07
TYPE OF LICENSE ISSUED CASH FUND STATE FEE
TAVERN LIQUOR LICENSE - COUNTY 85% OAP
MALT, VINOUS, AND 2320-100(999) 2011-750(999) 2190-100(999)
SPIRITUOUS
$ 50.00 $ 25.00 $ 425.00
SUB-TADD $100.00 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT2210-100(999) $ 500.00
TOTAL AMOUNT DUE $_._
Make check payable to:Colorado Department of Revenue
2006-2707
DR 8401 (0797)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
teat PIERCE ATTACHMENT TO LIQUOR OR
LAKEWOOD,CO 80261
(303)205-2300 3.2 BEER LICENSE RENEWAL APPLICATION
This page must be completed and attached to your signed renewal application form.
Failure to include this page with the application may result in your license not being renewed.
Trade Name of Establishment State License Number
-3i ?2e 5 AQu nSE ) J - 6SYa.)7._acoo
1.Operating Manager Home Address Date of Birth
;11 MAY 5, ,O4-4's 1VgiJ wcr2 a7 ,3Rrg4 -r c.,
2. Do you have legal possession of the premises for which this application for license is made? Yes No
Are the premises owned or rented: If rented,expiration date of lease: 12 ❑
3, Has there been any change in financial Interest(new notes,loans,owners,etc.)since the last annual application?If yes,explain In Yes No
detail and attach a listing of all liquor businesses In which these new lenders or owners,(other than licensed financial institutions)are n n materially interested.
4. Since the date of filing of the last annual application,has the applicant,or any of its agents,owners,managers,principals,or lenders Yes No
(other than licensed financial institutions),been convicted of a crime?If yes,attach a detailed explanation. ❑
5. Since the date of filing of the last annual application,has the applicant,or any of its agents,owners,managers,principals,or lenders
(other than licensed financial institutions),been denied an alcoholic beverage license,had an alcoholic beverage license suspended or Yes No
revoked,or had interest in any entity that had an alcoholic beverage license denied,suspended or revoked?If yes,attach a detailed n
IRt
explanation.
6. Does the applicant,or any of its agents,owners,managers,principals,or lenders(other than licensed financial institutions),have a Yes No
direct or Indirect interest in any other Colorado liquor license(include loans to or from any licensee,or Interest in a loan to any ❑ M
licensee)?If yes,attach a detailed explanation.
7. Sole owners or husband-wile partnerships answer this question.Since the date of filing of the last annual license application:
Has ownership changed in whole or in part,from a sole owner to any other person,partnership,corporation,or limited liability Yes No
company other than the licensee listed on your state liquor license?If yes,this license must be transferred to the new owner and ❑ 2
may not be renewed.Contact your Local Authority immediately.
8. Partnership applicants must answer this question.Since the date of filing of the last annual license application: Yes No
(a) Are there,or have there been any general partners added to,or deleted from the partnership?II yes,this license must be ❑ [al
transferred to the new partnership and may not be renewed.Contact your Local Authority immediately.
(b) Are there,or have there been any limited partners with a 10%or more interest,added or deleted from the partnership?If yes,this n
license must be transferred to the new partnership and may not be renewed.Contact your Local Authority immediately.
9. Corporate applicants must answer this question.Since the date of filing of the last annual license application: Yes No
(a) Are there,or have there been any officers or directors added to,or deleted from the corporation?If yes,complete and attach
DR 8177 and submit to your Local Authority immediately. ❑
(b) Are there,or have there been any stockholders with 10%or more of the issued stock,added to,or deleted from the corporation?
If yes,complete and attach DR 8177 and submit to your Local Authority Immediately. ❑ 1-14
(c) Date of filing last annual corporate report with the Colorado Secretary of State: d 2 ...c. C.
10. Limited Liability Company applicants must answer this question.Since the date of filing of the last annual license application: Yes No
(a) Are there,or have there been any managing members added to,or deleted from the company?II yes,complete and attach ❑ ❑
DR 8177 and submit to your Local Authority immediately.
(b) Are there,or have there been any members with 10%or more membership Interest,added to.or deleted from the company?
If yes,complete and attach DR 8177 and submit to your Local Authority Immediately. ❑ ❑
(c) Date of filing last annual LLCO report with the Colorado Secretary of State:
11. Bed and Breakfast applicants must answer this question and certify compliance with 12-47-118.5 C.R.S.,to the state licensing
authority by initialing the following listed questions:
That it has no more than 20 sleeping rooms,and
That it provides at least 1 meal per day at no charge other than for overnight lodging,and
That It does not sell alcoholic beverages by the drink or in sealed containers,and
That it shall not serve alcoholic beverages for more than 0 hours In any one day,as follows:
MONDAY HOURS TUESDAY HOURS WEDNESDAY HOURS THURSDAY HOURS FRIDAY HOURS SATURDAY HOURS SUNDAY HOURS
From: m. From: _- m. From: r. m. From: m. From: '77/dm. From: 7 P m. From: m.
—'
To: ` m. To: m. To: m. To: m. To: film. To: a /g m. To: d7 /9 m.
(+'1t
aMEMORANDUM
TO: JENNY LUNA, DEPUTY CLERK TO THE BOARD
I FROM: TREVOR JIRICEK& DAN JOSEPH,
ll DEPARTMENT OF PUBLIC HEALTH& ENVIRONMENT
C• SUBJECT: SIPRES LOUNGE, LIQUOR LICENSE INQUIRY
DATE: SEPTEMBER 20, 2006
COLORADO CC:
In response to your request, the Department of Public Health & Environment has reviewed the
Retail Food Service Establishment (RFE) file for the Sipres Lounge, located at 1490 WCR 27,
Brighton, Colorado. The Department recommends that the liquor be renewed. However, we
recommend that the license only be renewed until December 31, 2006.
The water system serving the Sipres Lounge does not comply with the Colorado Primary
Drinking Water Regulations. The Department is in the process of initiating an enforcement
process concerning the facility's RFE license in regard to the water system. The Colorado Retail
Food Service Establishment Regulations require that "Adequate, uncontaminated, safe potable
water for the needs of the retail food establishment be provided from a source constructed,
maintained, and operated according to the Colorado Primary Drinking Water Regulations...." It
is the intent of the Department to not renew the establishments RFE license for 2007 unless
substantial progress has been made towards compliance with the Colorado Primary Drinking
Water Regulations.
As a part of any approval we recommend the following conditions:
I. The establishment shall not be allowed to serve water or make ice for consumption with
water obtained from the well that is currently serving the establishment. Bagged ice and
bottled water must be purchased from an approved source and provided to all patrons.
(Staff verified on September 19, 2006, that the establishment is purchasing bagged ice
and bottled water)
2. The owners shall post signs in the bathrooms and at every faucet or spigot
available/accessible to patrons. (Staff verified on September 19, 2006, that appropriate
signs were posted)
3. The establishment shall have bacteriological testing conducted monthly and nitrate
testing conducted quarterly. Results of testing shall be provided to the Department. (The
owners of the establishment have been providing routine sample results)
BACKGROUND: This establishment was issued an enforcement order from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, on
August 30, 2004. In a letter dated March 14, 2006, the CDPHE advised the Sipres Lounge that
SIPRES LOUNGE
they have failed to comply with the enforcement order. On September 18, 2006, the CDPHE
corresponded to the facility's certified operator that the facility has not complied with the
enforcement order and that the system is not an approved potable water system. The enforcement
order was issued directing the Sipres Lounge to obtain compliance with the Colorado Primary
Drinking Water Regulations. The order was issued due systems failure to comply with the
requirements of the regulations, including the installation (without appropriate review) of a new
well in close proximity to the facility's septic system and because of detected high nitrates in
excess of the drinking water standard of 10 mg/L. The facility drilled another well (same depth)
on another portion of their property. The well is still high in nitrates and now may be impacted
from both the septic system and an irrigation ditch that runs along the property. The public health
significance of drinking water with nitrate levels above 10 mg/L is that it"appears to be the cause
of Methemogolobinemia or "blue babies." Methemoglobinemia is largely a disease confined to
infants less than 3 months old, but my affect children up to age six." (Salvato, 1992)
Additionally, water from shallow wells may also contain surface contaminants that can pose
additional risks to those that consume it.
Should you have any questions regarding this matter, please contact me at extension 2206 or via
e-mail at djoseph@co.weld.co.us.
Thank you.
M.\ENVIRONMENTAL HEALTH SERVICES EOM).Onspection program\.❑Liquor License Inquiries\2005\Sipres Bar Sept 2005 doc
tk MEMORANDUM
To: Jenny Luna, Deputy Clerk to the Board September 7, 2006
inkFrom: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
COLORADO Subject: LC0028
Review of the following liquor license renewal by the Department of Planning Services shows the following:
Sipres Lounge, Inc
dba Sipres Lounge
1490 WCR 27
Brighton, CO 80603
Zone District: A (Agricultural)
This use has existed prior to zoning and a Nonconforming Use File (NCU-80), has been set up by the
Planning Department.
No violations are occurring on the property at this time.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
LIQUOR/BEER RENEWAL REVIEW FORM
Date: September 11, 2006
TO: (DEPUTY)
FROM: John Broderius
SUBJECT: Liquor License Check
In accordance with the new procedure for Liquor and/or beer license checks, please review all
records on the following establishment for any associated reports during the last year and return
your report to the Weld County Clerk to the Board's Office within two weeks. Your report will
be used by the Board of County Commissioners in considering renewal of the liquor and/or beer
license.
PLEASE RESPOND NO LATER THAN: SEPTEMBER 13, 2006
ESTABLISHMENT: SIPRES LOUNGE, INC.
DBA SIPRES LOUNGE
1490 WELD COUNTY ROAD 27
BRIGHTON, CO 80603
Current license expires: 10/11/2006
No concerns A41(9
Deputy's Initials
The Sheriffs Office had a concern and the deputy has mutually
worked with the licensee to correct the concern.
(Complete Attached Worksheet)
Unresolved concerns exist requiring a Probable Cause Hearing
scheduled by the Board of County Commissioners.
(Complete Attached Worksheet)
Please notify at Extension of the date and time of the
Board of Commissioner's renewal hearing.
Liquor/Beer License Worksheet
The following concerns are noted:
jt, sf
The Licensee and the Sheriffs Office have collectively agreed to implement the following to
correct concerns noted above: (A time line and corrective action should be listed for each
concern)
Qy S ® 9 / ze
Establishment Owner, Please Print Date
Esta lish nt Signa ur Deputy's Signature
Use another sheet of paper or attach separate proposal to this packet if needed.
Attach copies of all reports associated with this establishment for the last year.
Both the Deputy and the Owner of the establishment will be required to attend the Liquor
Hearing to testify to the above agreement.
SEP-27-2006 WED 11 :45 AM W O ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P, 02
I ,.
- .
STATE OF COLORADO
Bill Owens,Governor
Douglas.H.Benevento,Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado 4300 r•
Laboratory and Radiation Services Division `?1
Denver,Deny dok 02.S. orY
Phon Colorado- 000A6-1530 $100Denver,Lowry Blvd.
phoneme(363 9 D03ver,2.30rado 80230.6928 Colorado
TDD Line(303)691-7700 (903)699.3090
Located in Glendale,Colorado
lntrp;//w<vw.cdphe.atete.to.ua RECEIVED Frtviconmate
SEPe32004
August 30,2004 BIVIttla}EKIAL OLIN SEIM
PWSID#CO-0262710
Ms.Mary Sipres
Sipres Lounge,Inc. Certified Mail Number:7002 2410 00010127960(
1490 Weld County Road
Brighton, CO 80603
RE: Service of Drinking Water Enforcement Order,Number:DT-040830-6
Dear Ms. Sipres:
Sipres Lounge, Inc. is hereby issued the enclosed Enforcement Order (the "Order"). This Order
is issued by the Colorado Department of Public Health and Environment, Water Quality Control
Division(the "Department")pursuant to the authority given to the Department by §
03 of
the Colorado Revised Statutes ("C.R.S."). The Department bases this Order upon findings that
Sipres Lounge, Inc. has violated the Colorado Primary Drinking Water Regulations (the
"Regulations")as described in the enclosed Order.
As a recipient of an enforcement order Siprse Lounge, Inc. may request a formal hearing to
contest the Order in accordance with the Regulations, 5 CCR 1003-1, §1.6.7(8). Requests for
such a hearing must be filed in writing with the Department within thirty(30)calendar days after
service of the Order. Hearings on enforcement orders shall be held in accordance with applicable
provisions of the State Administrative Procedure Act, §§24-4-101 through 24-4-108,C.R.S.
This action could result in the imposition of administrative or civil penalties. The Department or
a State District Court is authorized pursuant to §25-1-114.1, C.R.S. to impose a penalty of up to
$1,000 per violation per day. Please be advised that the Department is continuing its
investigation into this matter and the Department may identify supplementary violations that
warrant amendments to this Order or the issuance of additional enforcement actions.
EXHIBIT "A"
SEP-27-2006 WED 11:48 AM W O ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P. 03
Ms Mary glprn
films Longs,iae.
Orindog Water-tdaraoneot Order
Paget of 2
Should Sipres Lounge.Incl. desire to informally discuss this matter with the Department or if you
have any questions regarding the Order, please don't hesitate to contact Scott 'Clench of this
office at(303) 692-3564 or by electronic mail at scott.klarich@state.co.us.
Sincerely, 7,,,
Lou
•M. Gerzina,Unit Manager
Compliance Assurance and Data Management Unit
Water Quality Protection Section
WATER QUALITY CONTROL DIVISION
cc: Weld County Department of Public Health and Environment
Brad Simons,Technical Services Unit,CDPHE
Dick Parachini,Outreach and Assistance Unit,CDPHE
Betsy Beaver,Facility Operators Program,CDPHE
Olive Hofstader,EPA Region VIII
Jeff Lawrence, Consumer Protection Division, CDPHE
Compliance Monitor/Drinking Water File
Enclosure
SEP-27-2006 WED 11 :46 AM W C ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P. 04
of 9Qt.
� -'" ' To,' COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
y �r OI
Hi, 4'�'� * WATER QUALITY CONTROL DIVISION
4187 •
ENFORCEMENT ORDER NUMBER: DT-040830-6
IN THE MATTER OF: SIPRES LOUNGE,INC.
PUBLIC WATER SYSTEM IDENTIFICATION NUMBER: CO-0262710
WELD COUNTY,COLORADO
Pursuant to the authority vested in the Colorado Department of Public Health and Environment (the
"Department")by§25-1-109 and§25-1.5-203 of the Colorado Revised Statutes("C.R.S."),which authority
has been delegated to the Department's Water Quality Control Division(the"Division"),the Division hereby
makes the following findings and issues the following Enforcement Order:
GENERAL ENDINGS
1. Sipres Lounge,Inc.owns and/or operates a drinking water system located at or near 1490 Weld County
Road 27,in or near the City of Brighton,Weld County,Colorado(the"System").
2. Sipres Lounge,Inc.is a supplier of water within the meaning of§25-1.5-201(2),C.R.S.
3. The System is a public water system as defined by §25-1.5-201(1), C.R.S. and its implementing
regulation, 5 CCR 1003-1, §1.5.2(87).
4. The Public Water System Identification Number("PWSED"),assigned to the System by the Division is
PWSID#CO-0262710.
5. Pursuant to 5 CCR 1003-1, §1.2, the System.is subject to the Colorado Primary Drinking Water
Regulations (the"Regulations"),which were adopted pursuant to §25-1.5-203,C.R.S.
6. Sipres Lounge,Inc.provides piped water for human consumption from the System to at least twenty-five
(25)people,but does not serve twenty-five(25)or more of the same people,for sixty(60)or more days
per year. The System is therefore classified as a"transient,non-community water system"as defined by
5 CCR 1003-1, §1.5.2(117).
7. The System's source of water is groundwater as defined by 5 CCR 1003.1, §1.5.2(53).
8. On January 31, 2002, the Weld County Department of Public Health and Environment conducted a
compliance inspection of the System, on behalf of the Division,pursuant to the Division's authority
under §25-1.5-204, C.R.S. and 5 CCR 1003-1, §1.7 to determine the System's compliance with the
Regulations.
sipra Lamp,Mc.
Pallets water-Ea ararma Otdor
Page 1 of B
SEP-27-2006 WED 11:46 AM W O ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P. 05
First Violating
(Failure to Comply With the Maximum Contaminant Level for Nitrate)
9. Pursuant to 5 CCR 1003-1, §2.2, all public water systems are subject to the Nitrate maximum
contaminant level of 10 mg/L(as nitrogen).
10. Pursuant to 5 CCR 1003-1,§6.1.3(a)(3),compliance with the maximum contaminant level for Nitrate is
determined based on one sample if the level of this contaminant is below the maximum contaminant
level. If the level of Nitrate exceeds the maximum contaminant level in the initial sample, a
confirmation sample is required in accordance with 5 CCR 1003-1,§6.1.5(g)(2),and compliance shall be
determined based on the average of the initial and confirmation samples.
11. Pursuant to 5 CCR 1003-1, §6.1.5(e)(4),the System is required to monitor for Nitrate annually.
12. Pursuant to 5 CCR 1003-1, §6.1.5(b)(1),the System is required to collect a minimum of one Nitrate
sample at every entry point to the distribution system which is representative of each groundwater source
after treatment.
13. Under 5 CCR 1003-1, §6.1.5(g)(2), when Nitrate sampling results indicate an exceedance of the
maximum contaminant level, the System must take a confirmation sample within 24 hours of the
system's receipt of notification of the analytical results of the first sample.
14. Pursuant to 5 CCR 1003-1, §1.6.4(a),the System is required to report to the Department the results of
the System's Nitrate analyses within(1)the first ten calendar days following the month in which aresult
is received, or(2) the first ten calendar days following the end of the required monitoring period, as
stipulated by Department,whichever of these is shorter.
15. Department records establish that the System has reported the following Nitrate monitoring data to the
Department:
Sample Date Nitrate Sampling Results
in mg/L(as nitrogen)
12-30-02 28 mg/L
01-16-03 29 mg/L
16. The average of the results of the System's initial and confirmation Nitrate sampling equals 29 mg/l(es
nitrogen),a value exceeding the Nitrate maximum contaminant level.
17. Sipres Lounge, Inc.'s failure to maintain compliance with the Nitrate maximum contaminant level
constitutes violation(s)of 5 CCR 1003-1, §2.2.
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Second Violatiol
(Failure to Obtain Plans and Specifications Approval Prior to Construction,
jpinrovements or Modifications)
18. Pursuant to 5 CCR 1003-1,§1.11.2(b),no person shall commence construction of any now waterworks,
or make improvements to or modify the treatment process of an existing waterworks,or initiate use of a
new source,until plans and specifications for such construction,improvements,modifications or use
have been submitted to, and approved by the Department. The Department shall grant such approval
when it finds that the proposed facilities are capable of complying,on a continuous basis,with design
criteria as stated above, and with all applicable laws,standards,rules and regulations.
19. Division records establish that the plans and specifications for the System's constructed groundwater
source well were not submitted to and approved by the Department prior to construction.
20. Sipres Lounge,Inc.'s failure to submit and/or obtain Department approval of the System's plans and
specifications prior to construction,improvements or modifications to the System constitutes violation(s)
of 5 CCR 1003-1, §1.11.2(b).
Third Violation
(Failure to Prepare a Written Microbiological Contaminants Sammie-Siting[Plan)
21. Pursuant to 5 CCR 1003-1, §5.1.1(a),the System must collect total conform samples at sites which are
representative of water throughout the distribution system according to a written sample-siting plan.
22. During the inspection the County Representative determined that the System did not have a written
microbiological contaminants sample-siting plan.
23. In a letter reporting the results of the compliance inspection, dated March 12, 2002, the County
Representative advised Sipres Lounge of the requirement for the written microbiological contaminants
sample-siting plan and requested a written response to the County Representative by Apri115,2002 with
an outline of the course of action that will be taken and the date by which the System will brought into
•
compliance with the written microbiological contaminants sample-siting plan requirement.
24. Division records to date establish that the System did not respond in writing to the County
Representative's March 12,2002 letter and the Sipres Lounge has not prepared a written microbiological
contaminants sample-siting plan.
25. Sipres Lounge,Inc.'s failure to develop a written microbiological contap'linanta sample-siting plan for
the System constitutes violation(s)of 5 CCR 1003-1, §5.1.1(a).
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Fourth Violation
(Failure to Implement a Cross-Connection Control programl
26. Pursuant to 5 CCR 1003-1,§12.1,a public water system shall control hazardous cross-connections and
protect the public water system from contamination byimplementing a cross-connection control program
in the following manner:
a. Identifying potentially uncontrolled hazardous service cross-connections.
b. Requiring system users to install and maintain containment devices on any uncontrolled hazardous
service cross connections,provided the Department has determined that the device is consistent with
the degree of hazard posed by the uncontrolled cross connection.
e. Installation of containment devices shall be approved by the public water system upon installation.
d. All containment devices shall be tested and maintained as necessary on installation and at least
annually thereafter,by a Certified Cross-Connection Control Technician.
In addition,pursuant to 5 CCR 1003-1,.§12.1(c),each public water system shall retain maintenance
records for three years for all containment devices and these records shall be available for Department
inspection.
27. During the January 31,2002 inspection,the County Representative noted that there was no evidence
available to demonstrate that the System was implementing a cross-connection control program.
28. In a letter reporting the results of the compliance inspection, dated March 12, 2002, the County
Representative advised Sipres Lounge of the requirement for the System to implement a cross-
connection control program and requested awritten response to the County Representative by April 15,
2002 with a outline of the course of action that will be taken and the date by which the System will
brought into compliance with the cross-connection control program requirement.
29. Department records to date establish that the System has failed to provide
conthe trol program.
rogr�ent with any
information demonstrating that the System has implemented
30. Sipres Lounge,Inc.'s failure to implement a cross-connection control program for the System constitutes
violation(s)of 5 CCR 1003-1, §12.1.
COMPLIANCY ORDER
Based upon the foregoing factual and legal determinations and pursuant to 5 CCR 1003-1, §1.6.7, Sipres
Lounge,Inc.is hereby ordered to:
31. Immediately comply with the Colorado Primary Drinking Water Regulations,5 CCR 1003-1,Articles 1
through 12.
Further, the Division hereby orders Sipres Lounge, Inc. to comply with the following specific terms and
conditions of this Order.
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32. Immediately upon receipt of this Order,if it has not already done so,Sipres Lounge,Inc.shall not allow
water from the System to be used for drinking and food preparation (this includes, but is not limited
make
to,
making ice, brushing teeth, cooking and washing produce) and Sipres Lounge,Inc. shall provide
available an alternative drinking water supply(e.g. bottled water)to each wateruser ofthe System.These
requirements shall remain in effect until the System has demonstrated its return to compliance with the
Nitrate maximum contaminant levels or until the System has provided sufficient intonation for the
Department to acknowledge in writing that the water distributed by the System is safe for certain
segments of the population(e.g. non pregnant adults) served by the System.
33. Immediately upon receipt of this Order, if it has not already done so, Sipres Lounge,Inc. shall issue a
public notice in accordance with 5 CCR 1003-1, §9.2 for the Nitrate maximum contaminate level
violation identified in this Order. Sipres Lounge,Inc. shall maintain a continuous posting of the public
notice in appropriate locations at the System until the System is in compliance with the Nitrate
maximum contaminate level. Within ten (10) calendar days of completion of the required public
notification,if it has not already done so,Sipres Lounge,Inc.shall submit to the Department along with
the mandatory certification, a representative copy of each type of notice distributed,published,posted,
and/or made available to the persons served by the 'system and/or to the media. (See attached public
notification procedures.)
34. Beginning on September 1,2004, due to the close proximity of the Sipres Lounge, Inc.'s individual
sewage disposal system to the System's groundwater source well,the System shall conduct monthly
total coliform monitoring of the System's distributed water in accordance with 5 CCIt 1003-1,Article 5-
Sipres Lounge,Inc.shall continue this increased monitoring until such time as it can demonstrate,to the
satisfaction of the Department,that the Sipres Lounge,Inc.'s individual sewage disposal system is not
impacting the System's groundwater source well.
35. Beginning on September 1,2004,the System shall conduct quarterly Nitrate monitoring until such time
as it can demonstrate that the System's distributed water is consistently below the Nitrate maximum
contaminant level.(The Division follows the calendar year in defining"quarterly." Therefore,it intends
to require the System to conduct Nitrate monitoring during the periods of January—March,April—June,
July September,and October—December.)
36. In order to ensure long-term compliance with the Nitrate maximum contaminants water sources e
evve for public
supplies,Sipres Lounge,Inc. shall evaluate and upgrade,as needed,the System
treatment processes in accordance with the following schedule;
a. By September 17, 2004, retain a qualified individual or entity (experienced in drinking water
systems)to evaluate and recommend Nitrate treatment technologies or alternate water sources to
Sipres Lounge,Inc.to ensure compliance with the maximum contaminant level for Nitrate.
b. By October 18,2004, submit for Department review and comment a finalized Preliminary Design
Report for system improvements to comply with the Nitrate maximum contaminant level. If an
alternate water source is proposed, submit for Department review and comment a detailed
description ofthe alternate water source along with a copy of the laboratory analyses supporting that
the alternate water source is suitable.
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i. The Preliminary Design Report must clearly identify the specific treatment technology Sipres
•Lounge,Inc.will use to ensure compliance with maximum contaminant level for Nitrate.
ii. The Preliminary Design Report must include a process flow schematic of the distribution system
from wellheads to points of use,including all service connections supplied by the wells. The
process flow schematic information and evaluation must be included to ensure all water from the
System is treated.
{Please note that,prior to construction, the Department must give final approval to any modifications to the
System's watt?$ource or treapnattprOcess. The Department will not perform a detailed review andfnalapproval
of any proposed modifications until the final design plans and specifications have been received pursuant to
paragraph 36(c)below)
c. By December 31,2004,submit Final Design Plans and Specifications for the System improvements
for Department review and approval.
d. By March 31, 2005, complete construction/implementation of the Department approved system
improvements to ensure long-term compliance with the Nitrate maximum contaminant level.
37. By November 30,2004,Sipres Lounge,Inc.shall submit for Department review and approval,plans and
specifications for the System's recently constructed groundwater source well. Upon review of the
submitted plans and specifications, if the Department determines that the implemented system
improvements are deficient, Sipres Lounge, Inc. shall within sixty (60) calendar days of the
Department's notice certify in writing that the deficiencies have been corrected,as necessary,and that
the System is now constructed in accordance with the Department approved design plans,specifications
ped t
and the Regulations.
38. Within thirty (30) calendar days after receipt of this Order, Sipres Lounge,Inc. shall develop and/or
provide the Division with a copy of its written microbiological contaminant sampling-siting plan. (See
attached Bacteriological Sampling Plan Guidance Document)
39. Within thirty(30) calendar days after receipt of this Order, Sipres Lounge,Inc. shall provide a written
description of how the System's Cross-Connection Control Program is being implemented. (See
attached Sample Cross-Connection Control Program for Small Systems.)
NOTICES AND SUBMITTALS
For all documents,plans,records,reports and replies required to be submitted by this order,Sipres Lounge,
Inc. shall submit an original and one(1)copy to the Division at the following address:
Colorado Department of Public Health and Environment
Water Quality Control Division/WQCD-WQP-82
Compliance Assurance and Data Management Unit/Enforcement Team
Mention: Scott Klarich
4300 Cherry Creek Drive South
Denver,Colorado 80246-1530
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Pursuant to 5 CCR 1003-1, §1.6.4(e), all reports, notices, summaries, and certifications required to be
submitted to the Department by the public water system must bear the original signature of the owner or the
owner's authorized representative.
NOTICE OF COMPLETION
Sipres Lounge,Inc.shall submit a Notice of Completion to the Division upon satisfactory completion of all
requirements of this Enforcement Order. The Division shall either accept or reject the Notice of Completion
in writing. U the Division rejects the Notice of Completion, it shall include in its notice a statement
identifying the requirements that the Division considers incomplete or not satisfactorily performed and a
schedule for completion. If Sipres Lounge,Inc.wishes to dispute the Division's rejection of its Notice of
Completion,it shall,within fifteen(15)days of receipt of the Division's rejection,submit a written statement
as to its belief of full compliance,addressing in detail all concerns the Division raised in the rejection letter to
the System's Notice of Completion.
PRIOR APPROVAL REQUIRED
Pursuant to 5 CCR 1003-1,§1.11.2,no person shall commence construction of anynew waterworks,or make
improvements to or modify the treatment process of an existing waterworks,or initiate use of a new source,
until plans and specifications for such construction,improvements,modifications or use have been submitted
to, and approved by the Department. The Department shall grant such approval when it finds that the
proposed facilities are capable of complying,on a continuous basis,with all applicable laws,standards,rules
and regulations.
POTENTIAL ADMINISTRAUVE/C1YIL AND tErMlNAL PENALTIES
You are also advised,pursuant to§25-1-114.1,C.R.S.,that violators of the Regulations or final enforcement
orders issued by the Department are subject to civil or Administrative penalties of up to one thousand dollars
($1,000)per violation per day,to be imposed by the Department or a State District Court. Further,pursuant to
§25-1-114(4),C.R.S.,any person,association,or corporation,or the officers thereof,who violates,disobeys,
or disregards any provision of the Regulations or an enforcement order is guilty of a misdemeanor and,upon
conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000), or by
imprisonment in the county jail for not more than one(1)year,or by both such fine and imprisonment and,in
addition to such fine and imprisonment, shall be liable for any expense incurred by health authorities in
removing any nuisance,source of filth,or cause of sickness. By virtue of issuing this enforcement order,the
Department has not waived its right to bring an action for penalties under§25-1-114.1,C.R.S.,and may bring
such action in the Altura.
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gEOUEST FOR HEARING
You arc further advised,pursuant to 5 CCR 1003-1, §1.6.7(g),that a recipient of an enforcement order may
request a hearing contesting such order. Requests for such a hearing shall be filed in writing
with the
Department within thirty(30)calendar days after service of the order. Such requests shall state the grounds
upon which the order is contested and state the amount of time the recipient estimates will be required for the
hearing. Hearings on enforcement orders shall be held in accordance with applicable provisions of the State
Administrative Procedure Act,Article 4 of Title 24, C.R.S.
ADDITIONAL ACTION
You are further advised that under§25-1-114.1(1),C.R.S.,the Department may institute a civil action against
any person who violates a final enforcement order of the Department issued for violation of any minimum
general sanitary standard or regulation adopted pursuant to §25-1.5-203,C.R.S.
Additionally, the Department may request the Attorney General to seek a temporary restraining order or
permanent injunction to prevent or abate any violation of a minimum general sanitary standard or regulation
adopted pursuant to §25-1.5-203, C.R.S. Further information concerning the aforementioned action is
contained in§25-1-114.1(3),C.R.S.
Issued at Denver,Colorado,this 1 day of Animist ,
2004.
FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
m477
T.Pifher,Director
Water Quality Control Division
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