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Home My WebLink About20020546.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ROGGEN DISPOSAL FOR VIOLATION OF HEALTH REGULATIONS 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, the Board has been presented with a recommendation from the Weld County Department of Public Health and Environment for the County Attorney's Office to proceed with legal action against Roggen Disposal, and WHEREAS, a hearing before the Board was held on the 21st day of August, 2000, at which time the Board deemed it advisable to continue said matter to October 2, 2000, to allow Roggen Disposal adequate time to submit a revised sampling plan and for staff to review it, then to December 11, 2000, then to June 4, 2001, then to October 1, 2001, then to March 6, 2002, and WHEREAS, at said hearing on March 6, 2002, the Board deemed it advisable to close the violation based on the recommendation of staff indicating the owner has made significant progress towards closure of the Roggen Disposal Facility. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, closed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of March, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNT , CO ORADO kith EL GI Vaad, /� ` . �• 1 �' rk to the Board 1861 David ng, Pro-Tem ��. . , k to the Board ®tFN'\ t M. . Geile APPROVED C) 7 I �^ — William H. Jerke untyAttorn@y `- EXCUSED Robert D. Masden Date of signature: /// d2002-0546 (icy h/z d% /2 HL0029 a MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS I FROM: TREVOR JIRICEK& CINDI ETCHEVERRY, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 0 SUBJECT: ROGGEN DISPOSAL RECOMMENDATIONS DATE: COLORADO CC: JOHN MAHONEY, MAHONEY ENVIRONMENTAL CONSULTING, INC. MIKE CERVI, ROGGEN DISPOSAL ROGER DOAK, CDPHE MONICA MIKA, DEPARTMENT OF PLANNING SERVICES The Department of Public Health and Environment recommends that this hearing be closed. Our recommendation is based upon the progress made by the facility owner towards closure of the facility. The following activities have taken place since the previous hearing: • Confirmatory results of were provided to the Weld County and Colorado Departments of Public Health and Environment. Sample results were shown to be within established clean-up limits and no additional removal is required. • The disposal ponds have been reseeded with a native grass seed mixture recommended by Norman J. Wells, Jr. of the Natural Resources Conservation Commission. Based on the information provided, this mixture appears to be adequate. The closure activities for Roggen facility have been completed in accordance with the Closure Plan. Additionally, both verbally indicated they are aware of the post closure care requirements and are in concurrence with those requirements. Please do not hesitate to ask any questions that you may have. C:\WINDOWS\TEMP\030402heanng memo.doc MEMORANDUIV� TO: Board of County Commissioge Q, DATE: September 2001 ' 'L COLORADO FROM: Trevor Jin & Cindi Etcheverry, Department of Public Health and Environment SUBJECT: Roggen Disposal, Recommendation The Department of Public Health and Environment recommends that this hearing be continued until March 5, 2002. Our recommendation is based upon progress made by the facility owner towards closure of the facility and to allow adequate time for final closure activities to occur. The following activities have taken place since previous hearing: • Sludges and contaminated soils were removed from the facility and disposed in an approved facility. Confirmatory samples have been obtained by the facility's consultant, John Mahoney, and results are pending. The following items are expected to occur before the next scheduled hearing date: • Results of the confirmatory samples will be provided to the Weld County and Colorado Departments of Public Health& Environment. In the event sample results are within established clean-up limits no additional removal will be required. However, should the results indicate that unacceptable quantities of petroleum products remain in the soils, additional sludge and soil removal will be required. • The disposal ponds will be reseeded with a native grass seed mixture. The ponds will be reseeded in January or February using a "cool" weather seed mixture as recommended by Jerry Alldredge of the CSU Agricultural Extension Office. Trevor Jiricek discussed each of the above with the facility's owner, Mike Cervi, and the facility's consultant, John Mahoney. Both verbally indicated that they are in concurrence with our recommendation. Please do not hesitate to ask any questions that you may have. O:\WASTE\ROGGEN\5thhearingmemo.wpd cc: John Mahoney, Mahoney Environmental Consulting, Inc. Mike Cervi, Roggen Disposal Roger Doak, CDPHE Monica Mika, Department of Planning Services MEMORAND , t y[jrA i TO: Board of County Commissioners I v'r 1. I r DATE: June 4, 2001 RFC ' COLORADO FROM: Trevor Jiricek & Cindi Etcheverry, Department of Public Health and Environment SUBJECT: Roggen Disposal, Recommendation The Department of Public Health and Environment recommends that this hearing be continued until October 1, 2001. Our recommendation is based upon progress made by the facility owner towards closure of the facility. The following activities have taken place since previous hearing: • A final closure plan has been agreed upon by the Weld County and Colorado Departments of Public Health and Environment and Mike Cervi, the facility owner. • All closure activities have been completed with exception of the removal of sludge that is remaining in the ponds and final grading. According to a May 22, 2001, letter from the facility's consultant, Mahoney Environmental Consulting, Inc., sludge removal has been delayed due to precipitation causing soft soil conditions that are not conducive for heavy equipment operation. The following items are expected to occur before the next scheduled hearing date: • All sludges will be removed and disposed in accordance with the approved closure plan. • Final grading will occur in accordance with the facility's approved Use by Special Review. Trevor Jiricek discussed each of the above with Mr. Cervi. Mr. Cervi was in concurrence with each item. Please do not hesitate to ask any questions that you may have. C\WINDOWS\TEMP\4thhearingmemo wpd cc: John Mahoney, Mahoney Environmental Consulting, Inc. Mike Cervi, Roggen Disposal Roger Doak, CDPHE Julie Chester, Department of Planning Services MEMORANDUM TO: Board of County Commis e s I DATE: December : 200 COLORADO FROM: Trevor Jiricek & Cindi Etcheverry, Department of Public Health and Environment SUBJECT: Roggen Disposal, Recommendation The Department of Public Health and Environment recommends that this hearing be continued until June 4, 2001. Our recommendation is based upon progress made by the facility owner towards evaluating the facility for closure. We have attached our September 29, 2000, memorandum that outlines the commitments made by the facility owner. The following activities have taken place since previous hearing: • A final sampling report was submitted for review and comments on October 19, 2000. • A closure plan was submitted for review and comments on December 2, 2000. • The facility's underground piping system was removed in October 2000. The following items are expected to occur before the next scheduled hearing date: • Our staff and the staff from the CDPHE will review the final sampling report and closure plan and submit appropriate comments. • If necessary, the closure plan will be revised and approved by the end of February. • As summarized in John Mahoney's December 5, 2000 correspondence(attached), closure activity schedule, the closure activities will be complete by the end of May. On Friday, December 8, 2000, Trevor Jiricek discussed each of the above three items with Mr. Cervi. Mr. Cervi was in concurrence with each item. Please do not hesitate to ask any questions that you may have. M:\Etch\Waste\Roggen Disposal\3rdhearingmemo wpd cc: John Mahoney, Mahoney Environmental Consulting, Inc. Mike Cervi, Roggen Disposal Roger Doak, CDPHE Julie Chester, Department of Planning Services FROM : MAHONEY ENVIRONMENTAL FAX NO. : 9703569544 Dec. 05 2000 11:28PM P2 7r ' _./_d_L___�i1 > MAISM ar mn w+z zx ca WINGIM MIS December 5, 2000 MISS M .n�'"l'"" Ill/ Ms. Cindi Etcheverry Environmental Specialist Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, Co. 80631 RE: Roggen Disposal, Closure Plan Schedule, MEC 2000.122 Dear Ms. Etcheverry, Enclosed is the proposed Schedule for implementing the Closure Plan for the Roggen Disposal facility, dated November 30, 2000. Getting a complete laboratory profiling for the soil disposal took longer than expected in October and the record setting low temperatures for the month of November have further hampered the potential to excavate the residual sludge materials. If possible this activtiy may still be accomplished this year(weather permitting). Please review the schedule and if you have any questions or comments, please do not hesitate to contact me at (970) 352-2644, cell 970-690-1680. Thank u, .. Mahone * Note:Vaxeden December 5, 2000. cc: Mr. *ger Doak, CDPHE I FROM : MAHONEY ENVIRONMENTAL FAX NO. : 9703569544 Dec. 05 2000 11:28PM P3 ROGGEN DISPOSAL FACILITY CLOSURE ACTIVITY SCHEDULE DATE ACTIVITY COMMENTS December 15, 2000 Rec ive residual sludge disposal taborat°nl'amine wails profiling'"t°"mtion have authorization from Waste teen submitted to WM for rent Currently wilting march thru April Commence excavation and heather permitting this unvey we commence t this removal of residual sludge residue Pow Also add WNW commence coals 2001 from rite pending deposal appmvid end enable weather ponds disposal condtsau. March thru April rannuerke tilling and reseeding weelw psnnasrg• 2001 pond areas. March thru April Confirmation Sampling Following the remover a the raddled sludges and prior to eseeding of Oa areas,soil collimation 2001 samplesr °A FM4toa waken the asince the laboratory analysis of the existingal sludges shooed no indication Of hazardous conditions aside from et SK oil and grin. n_encenalHona it is recommended that the 'wnlimation.waling only include oil end grease amnia. A minimum of four grab samples will be collected from the eeavtion areas within Ponds A C. The number of erns from Pond 8 wit deter fined as needed band an fSN obammax. April thru May 2001 Final Closure Activity Report ,The Closure Report we include the and a mannation DOCumenfatlonMon%results,see photagre tea waste damsel menthes,rural site schematic figures showing the residwl sludge eaoewtion net,end of reseeding acONty. Poet Closure Activity Inspections one tome yes Normin0 the seeding sewn a is recommended that the weld COlnty Egenebn Service be requested to rake the site to evaluate the emus of the revegetauton process. Fence Removal-To Be Property owner aY dawning W x kachientageous to Determined keep a remove the fencing based on the cattle grating aahAty and the eueotes of the rev.,Jetion •Submined se en addition to the Closure Report deed November 30. 2000 MEMORANDUM TO: Board of County Commissioners hID 0 DATE: September 29, 2000 ' FROM: Trevor Jiricek�ever , Department of COLORADO ry, P Public Health and Environment SUBJECT: Roggen Disposal, Recommendation The Department of Public Health and Environment recommends that this hearing be continued until December 11, 2000. Our recommendation is based upon progress made by the facility owner towards evaluating the facility for closure. The following activities have taken place since previous hearing: • On September 11, 2000, our staff and staff from the Solid Waste Unit of the Colorado Department of Public Health and Environment (CDPHE) met with Mr. Cervi and his consultant,John Mahoney of Mahoney Environmental Consulting, Inc. During the meeting we discussed the facility's submitted "Sampling and Analysis Plan". Mr. Cervi agreed to conduct several activities at the meeting. These items are summarized in Cindi Etcheverry's September 12, 2000 letter (attached). • As agreed, on September 29, 2000, Mr. Mahoney submitted a "draft" sampling report and proposed schedule. The following items are expected to occur before the next scheduled hearing date: • According to Mr. Mahoney's September 29, 2000 letter, a"final"sampling report will be submitted no later than October 15, 2000. • Our staff and the staff from the CDPHE will review the report and submit appropriate comments. • According to Mr. Mahoney's September 29, 2000 letter, a closure plan will be drafted and submitted no later than the end of October 2000. Among other items the closure plan will address any petroleum sludges that remain on the site. • According to Mr. Mahoney's September 29, 2000 letter, the facility's underground piping system will be removed no later than November 30, 2000. On Friday, September 29, 2000,TrevorJiricek discussed each of the above four items with Mr. Cervi and Mr. Cervi was in concurrence with each item. Please do not hesitate to ask any questions that you may have. M:\Trevor\WASTE\ROGGEM2ndhearingmemo.wpd cc: John Mahoney, Mahoney Environmental Consulting, Inc. Mike Cervi, Roggen Disposal Roger Doak, CDPHE Julie Chester, Department of Planning Services DEPARTMENT OF PUBLIC HEALTH& ENVIRONMENT 0;1 Y C N. R O 80631 VENUE GREELEY, COLORADO80631 ' ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION &NURSING (970)304-6420 FAX(970)304-6416 O ENVIRONMENTAL HEALTH SERVICES (970)304-6415 FAX (970)304-6411 COLORADO September 12, 2000 Mike Cervi Roggen Disposal Post Office Box 169 Sterling, Colorado 80751- 0169 Subject: Roggen Disposal -Meeting on September 11, 2000 Dear Mr. Cervi: On Monday September 11,2000,you,John Mahoney, Roger Doak of the Colorado Department of Public Health and Environment,Trevor Jiricek,and I met to discuss the Sampling and Analysis Plan submitted August 8, 2000, and the status of the Closure Plan at the Roggen Disposal facility. At the close of the meeting you made the following commitments to address outstanding issues at Roggen Disposal. The commitments are as follows: 1. Four soil samples from each side of the concrete receiving pad must be obtained and composited into one. The samples will be taken from 0 to 12 inches. 2. One composite sludge sample from each impoundment will be obtained. Samples will be collected through the entire thickness of the sludge layer. Oil and Grease concentrations above 5,000 ppm will be remediated. 3. One composite soil sample from each impoundment will be obtained. The composite shall be taken from 3 locations at the bottom of ponds A and B, 4 locations at the bottom of pond C. The samples will be collected from 0 to 12 inches. 4. Parameters to be tested in the soil and sludge include: BTEX, TVH, TPH, VOC's, Oil and Grease, RCRA Metals, Sodium, Chloride, Sulfate, Mercury. 5. Soil and sludge samples will be collected no later than September 22, 2000. You will attempt to submit a summary of the results by October 1, 2000. Mike Cervi September 12, 2000 Page 2 6. Groundwater sampling has been performed. Results will be submitted by October 1, 2000. Groundwater sampling parameters should include the following: BTEX, RCRA Metals, Chloride, Sulfate, pH, Conductivity, Alkalinity, and TDS. 7. You will provide a time line for the removal of the underground pipe system no later than October 1, 2000. One other item of discussion included financial assurance requirements. No consensus was reached concerning this item. I hope that this letter accurately summarizes our discussions and your commitments made on this date. If it does not, please contact me immediately. Please submit the above by October 1, 2000. If you have any questions regarding this letter,please contact me at(970)304-6415,extension 2220. Sincerely, J✓ Cindi Etcheverry Environmental Specialist Environmental Health Services M:\Etch\Waste\Roggen Disposal\Meeting 091100.wpd cc: John Mahoney, Mahoney Environmental Roger Doak, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Trevor Jiricek, Director, Weld County Environmental Health Services Julie Chester, Lead Planner,Planning Department :41t, Memorandum TO: Board of County Commissioners C. DATE: August 18, 2000 COLORADO FROM: Trevor Jiricek & Cindi Etcheverry, Departmen of Public Health and Environment SUBJECT: Roggen Disposal, Recommendation The Department of Public Health and Environment recommends that this hearing be continued until October 2, 2000. Mike Cervi's legal representative, Michael Lesage, requested (attached letter dated August 16, 2000) the continuance and the facility's environmental consultant has submitted a sampling plan. The continuance will allow our staff time to review and provide written comments concerning the plan. It will also allow the facility to revise the plan, if necessary, and resubmit it for final approval prior to sampling, etc. Additionally, Lee Morrison and Mr. Lesage have tentatively agreed (attached draft letter dated August 18, 2000) on several other issues including financial assurance. These items will be addressed in the coming months. Please do not hesitate to ask any questions that you may have. M:\Trevor\WASTE\ROG GEN\heari ngmemo.wpd NL coa7 TREVOR Jincek roglesage wpd age 1 rs WIIiDc. COLORADO WELD COUNTY ATTORNEY'S OFFICE PHONE: (970)356-4000, EXT. 4391 FAX: (970)352-0242 915 TENTH STREET GREELEY,COLORADO 80632 Writer's Ext.: 4395 August 18,2000 Michael Lesage,Esq. 620 13th St Paso Robles,CA 93447-0306 via fax 805-238-3484 RE: Roggen Disposal Hearing Dear Mike: This is to confirm that the Weld County Department of Public Health and Environment (WCDPHE)will recommend to the Board of County Commissioners a continuance of the agenda item to consider authorization for legal action scheduled for August 21,2000 according to the following understanding. The WCDPHE has received the Sampling and Analysis Plan and will review the Plan and provide comments within the next two weeks.All of the initial sampling activities will commence by your client within 30 days of final approval of the plan by both WCDPHE and CDPHE and a plan for closure and remediation will be submitted for review shortly after the analysis has been completed. That plan should also address the issue of post closure monitoring and financial assurance for such monitoring. The Board of County Commissioners will need to have the opportunity to review such a plan for closure and remediation should you propose to vary from the closure standard in ¶ 18 of USR -481. The County cannot speak for the State on the issue of financial assurances for closure,but it would appear to County staff that since the facility is not accepting wastes and you propose actual closure activities to take place within a year,that financial assurances for the cost of closure could be dispensed with if work is completed within that year. Thank you for your continued cooperation. MEMORANDUM (it TO: Weld County Commission DALE July 27,2000 et, I FROM: Cindi Etcheverry and Trevor Jiricek,gepartment of • Public Health and Environment COLORADO sUBJECT: Roggen Disposal-Recommendation to Proceed with Legal Action We are recommending the Weld County Commissioners approve our request to allow the Weld County Attorney to proceed with legal action against Roggen Disposal. Two violations have occurred at the facility: 1) Failure to Close the facility in accordance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" ((6 CCR 1007-2)(the Regulations)). Section 2.5.8 of the Regulations requires that the owner or operator shall prepare a closure plan for approval by the Department after consultation with the local governing body having jurisdiction. Section 3.5.7 also requires that the owner or operator complete closure activities within one hundred eighty (180) days following closure of the facility. 2) Failure to Provide Financial Assurance in accordance with Section 1.8 of the Regulations. Section 1.8 requires that the owner or operator of any solid waste disposal site or facility maintain written documented current cost estimates for hiring a third party to close the facility and establish financial assurance sufficient to ensure payment of such costs. In Colorado financial assurance was required for all solid waste disposal facilities on April 9, 1997. The Weld County Department of Public Health and Environment (WCDPHE) has requested a closure plan in six (6) separate letters. These letters are dated December 28, 1998, July 28, 1999, November 2, 1999, December 28, 1999, May 4, 2000, and July 12, 2000 (all attached). The Colorado Department of Public Heath and Environment (CDPHE) has requested a closure plan in three (3) separate letters. These letters are dated June 16, 1999, July 28, 1999, and November 2, 1999 (all attached). According to our records the Roggen Disposal became inactive some time in 1996, and has never provided a complete closure plan or closed the facility in accordance with the Regulations. The WCDPHE has requested financial assurance be provided in five (5) separate letters. These letters are dated December 28, 1998,July 28, 1999,April 26, 1999,May 4,2000, and July 12,2000 (all attached).The CDPHE has requested financial assurance be provided in three(3)separate letters. These letters are dated February 28, 1997, July 28, 1999, and May 17, 2000. HLal 08/16/2000 12:16 805-239-7377 LLSAGE LAW OFFICE PAGE 02 MICHAEL T. LESAGE - ATTORNEY AT LAW . . '. .I �_• A 620 13TH STREET ` \ P.O. BOX 306 PASO ROBLES, CALIFORNIA 93447-0306 • TELEPHONE (B05) 236-3484 FAX (805) 239-7377 August 16, 2000 Lee Morrison, Esq. Fax #(970) 352-0242 Weld County Attorney Weld County P.O. Box 758 915 10th street Greeley, Colorado 80632 Re: Roggen Disposal Hearing Dear Mr. Morrison: Pursuant to our telephone ' discussion of this date, please accept this letter as a request for a continuation of the now scheduled hearing to Monday, September 11, 2000, or to ' a later acceptable date. I will FedEx to you today John Mahoney' s draft report re reclamation at the Roggen Disposal site. Upon review of this draft report, staff may conclude that it adequately addressed their concerns and that no hearing is required. Also as we indicated, additional time is needed for reclamation recommendations by the Weld County Extension Office. Thank you for your consideration. Sincerely, NaGkEL T. LeSAGE MTL:soh cc: Mike Cervi John Mahoney MICHAEL T. LESAGE ATTORNEY AT LAW r'A 620 13TH STREET I ,A,M P.O. Box 306 PASO ROBLES, CALIFORNIA 93447-0306 TELEPHONE (805) 238-3484 FAX (805) 239-7377 August 16, 2000 Lee Morrison, Esq. Fax # (970) 352-0242 Weld County Attorney Weld County P.O. Box 758 915 10th Street Greeley, Colorado 80632 Re: Roggen Disposal Hearing Dear Mr. Morrison: Attached is a copy of Permit USR-481 : 81:27 as issued for the Roggen Disposal Facility in 1981. Please note that paragraph 18 sets forth the duties of reclamation upon "cessation of operations" . In addition, this permit was issued prior to the enactment of several subsequent Federal and State statutes affecting these issue. The draft reclamation plan is submitted in the hopes that in its final form, it will adequately address and resolve all of the County' s concern with the specific understanding that my client is not in any way waiving its legal rights as established under the existing permit as to closure of Roggen Disposal. Thank you for your consideration in this matter. Sincerely, MI L T. LeSAGE� cc: Mike Cervi John Mahoney MIKE CERVI USR-481 :91 :27 DEVELOPMENT STANDARDS 1, The use shall pa oil field fluid disposal sand the recovery of ite for the sole purpose of disposal any oil associated of oil field brine wastes with the waste received at this site. One employee shall be on the facility during dumping hours. The site shall be secured to prohibit dumping when an employee is not on the subject site. No toxic or hazardous wastes shall be accepted at this facility. The proposal shall include the facilities shown hereon. Said facilities shall be: A. One (1) structure built in accordance with the requirements of the Weld County Building Code and utilized as an office for the control, operation and security of the facility. B. The applicant shall be limited to four (4) State Health Department certified ponds at this facility. C. The barrel tanks on the facility shall have a total minimum capacity of 500 barrels and not exceed 2,500 barrels. D. Two enclosed concrete dumping pits. z. Access to the Special Use Permit area is limited to one access point shown hereon. The access shall have the approval of the State Highway Department. The access shall be constructed in accordance with the recommendations and/or requirements shoflthe State Highway Department. All private interior roads graveled_ • e 3. A three 3) foopurposes(in allt pondsassociated lwith constructed clay liner thissite. for tubstitut containment e liner may be used as 'an alternative if such liner is approved and certified by the Colorado State Health Department prior to construction or to allow a substitute liner to be determined after rdthe the Board he has been completed. \ Such liner shall also be app of County Commissioners at a regular public meeting4 4. The liner shall be placed in an approved manner to achieve a retention of all fluids for the maximum life expectancy of this facility. The methods of placement used and values obtained for acceptance of the liner shall receive prior written approval from 2 Department alified edhand registered soils engineer (and the Colorado such document tt shall be thled Waste Management Division). A copy in the office of the Department of Planning Services prior to conditional approval. • 5, A minimum six (6) inches of protective soil cover be placed on the prepared clay surface of each pond. 6. The bottom of the pond liner shall be located tno olcloser than fifteen (15) feet from the top of the existing water Ed Wd6E:TO OBOE ez 'Inf PbS69S2OL6 : 'ON XUd 1F1NEWNOaI NR ABNOHdW : woad Mike Cervi USR-481 :81 :27 Development Standards Page 2 • 7. A qualified soils engineer shall monitor the construction of ponds and provide written certification to the Colorado Department of Health—Waste Management Division and the Department of Planning Services prior to conditional approval. 8. The applicant shall discuss with the Colorado Department of Health Waste Management Division and agree to a .minimum free board determination for this operation. A copy of this agreement shall be filed in the - office of the Department of Planning Services prior to conditional approval. Waste shall not be allowed to accumulate above the minimum free board level. 9. The operator shall provide measuring devices in all ponds which will not damage the lining. Said devices shall be easily accessible and easily visible to the Colorado Department of Health and Weld County Health Department. 10. The applicant shall discuss with the Colorado Department of Health Waste Management Division and agree$, to a plan for periodic monitoring of the facility. This plan should include the frequency intervals and parameters to be sampled for both ground water and effluent contained within the ponds. A copy of this agreement shall be filed in the office of the Department of Planning Services prior to conditional approval. 11. Prior to start—up of the new facility, the site shall be inspected by a representative of either the Colorado Department of Health or the Weld County Health Department. 12. At the end of five years (from the date of final project approval) the owner and/or operator shall sample test the liner material to determine integrity and life expectancy performance. A copy of these results shall be submitted to the Colorado Department of Health and the Department of Planning Services. 13. The settling ponds shall be screened with a one inch wire mesh to prevent wildlife gaining access to the pit. All settling ponds shall have flagging devices placed no more than ten (10) feet apart to discourage birds from landing on the water surface. These flagging devices shall be maintained in good repair throughout the life of the operation. 14. The applicant shall install adequate fencing for control of access to all ponds located at this facility. • 15. An access road shall be constructed and maintained around the perimeter of each pond such that there is adequate access for a vacuum truct to skim oil from all areas of the holding ponds. 16. Four test wells have been located and constructed for determining local direction of groundwater flow at this site. The wells were Pd Wd0£:TO 0002 82 'Inf P4S69S20L6 : 'ON XCd lUiNaWN0GIInN3 AEN0Ht1W : WOad Mike Cervi USR-48] :81 :27 • Development Standards Page 3 placed in such a manner that one (1) well is upgradient of the site and the remaining wells are located downgradient. The wells shall be maintained during the life of the facility. 17. All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. Representativtes or members of the Weld County Health Department, Weld County Department of Planning Services Staff, Colorado Department of Health, and/or Fort Morgan Water Quality District shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with all applicable Weld County and State Health Regulations. 18. Upon cessation of operations at the site all structures shall be removed to thirty (30) inches below grade and all ponds or pits shall be filled and graded- so as to conform with the surrounding terrain. The special use permit area shall be reclaimed to the condition prior to this operation. 19. The Special Use Permit shall be limited to the plans shown hereon and governed by the Development Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Development Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Development Standards shall be permitted. Any other changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services. 20. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Noncompliance with any of the above stated Development Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. 21. Any waste removed from the ponds shall be disposed of at a dump site approved to handle such wastes. Ed WdOE:T0 000E 8Z 'Inf 4PS69SE0L6 : '0N Xdd 1U1N8WN0aInN2 AEN0HCW : Wald MICHAEL T. LESAGE ATTORNEY AT LAW i� 620 13TH STREET P.O. BOx 306 PASO ROBLES, CALIFORNIA 93447-0306 TELEPHONE (805) 238-3484 FAX (805) 239-7377 August 16, 2000 Lee Morrison, Esq. Fax # (970) 352-0242 Weld County Attorney Weld County P.O. Box 758 915 10th Street Greeley, Colorado 80632 Re: Roggen Disposal Hearing - Reclaimation Plan Dear Mr. Morrison: Please accept this letter as confirmation of our request for a continued hearing date to September 11, 2000 or to a designated hearing date thereafter. Enclosed is John Mahoney' s draft of a reclamation plan. I believe your staff will find this plan is more than acceptable and that it fully addresses all of their concerns. In addition, Jerry Alridge of Weld County Extension Service will be asked to review the site and submit his recommendations for reclamation. It is believed that the hearing will be far more productive if both of these reports are in hand and have been reviewed by staff. In addition, if these reports adequately address Weld County' s concerns, a hearing may not be required at this time. Thank you for your consideration of this matter. Sincerely, <_/ J/i�;T/6;11 U MIC4AEL T. LeSAGE MTL:soh cc: Mike Cervi John Mahoney SAMPLING and ANALYSIS PLAN (SAP) for ROGGEN DISPOSAL INTRODUCTION The following Sampling and Analysis Plan is prepared for the Roggen Brine Disposal Facility located in southeastern Weld County(Figure 1, Appendix A). The sampling and analysis procedure(SAP) addresses the following 1)the current site conditions; 2)a review of past sampling history of the existing monitoring wells; 3)vicinity land use; and 4)recommendations for site evaluation sampling as part of the site closure activity. Historical background information is provided in Section 2. Prior environmental investigative findings are included in Section 3. Sample location criteria and analytical procedures are outlined in Section 4. Quality control procedures including sampling documentation and decontamination activities are discussed in Section 5. The objective of the proposed sampling is to obtain the needed quantitative data to develop a suitable plan for the permanent closure of the facility. The results of the sampling will be incorporated into a Closure Plan. The subsequent closure plan will be prepared based on the results of the sampling. The closure plan will include the results of the sampling to establish a target cleanup level, if the sampling results determine that high contaminant levels are present. This Sampling and Analysis Plan-will also be submitted to the Colorado Department of Public Health and Environment(CDPHE)and the Weld County Department of Public Health and Environment(WCDPHE). The results of the sampling will be summarized and also submitted to the above regulatory agencies. The summary report will include sampling results, field forms, lab analysis. MEC 2000,114 1 Zed Wd0Z:0I 000Z se '6^t bb56992046 : 'ON XCd 1C1N9WN0dI0N9 A2N0HCW W0dd 2.0 SITE AND VICINITY DESCRIPTION The disposal facility includes approximately 10 acres, which is completely fenced. The facility consists of 3 disposal ponds and a concrete unloading pad. The site layout is illustrated in Figure 2, Appendix A. According to the facility owner and operator,pond A was the original pond used when the disposal operation started circa 1982. Pond C located to the west of Pond A was constructed in the 1983. Pond B located to the south of Pond A was constructed in 1991. Engineers certification reports included in the WCDPHE files indicate that the ponds were constructed in • accordance with the design specifications. Clay and bentonite were imported for use as impermeable material to construct the pond liners. Buried discharge pipes extend from the concrete pad unloading area to each pond. The discharge pipes enter the southeast corner of each pond. The discharge pipe for Pond A extends into the pond almost to the base of the pond, where the brine fluids were discharged. For Pond B the discharge pipe discharges at the top of the pond onto a concrete trench which directs the water into the lower pond area The discharge pipe for Pond C extends to the top of the embankment where discharge occurs. Remnants of a plastic liner extend from the discharge pipe to the base of pond C. The liner was used to reduce the amount of embankment erosion where the fluids were discharged into the pond. Pond A covers approximately 73,000 square feet at the top of the embankment. Field observations.indicate that the maximum water levels in the pond may have extended approximately 1/3 up the embankment. Therefore,it is estimated that the average depth of fluids in the pond was approximately 5 feet or less covering approximately 25,000 square feet. Pond B covers approximately 175,000 square feet at the top of the embankment. Field observations indicate that prior water levels in the pond may have extended approximately 1/4 up the embankment It is estimated that the average fluid depth was 5 feet or less and covered an approximate 58,000 square foot area. Pond C also covers approximately 175,000 square feet at the top of the embankment Field observations indicate that prior water levels in the pond may have extended approximately 1/4 up the embankment. It is estimated that the average fluid depth was 5 feet or less and covered an approximate 58,000 square foot area At the time of the site visit by MEC Inc. in January 2000 two of the three ponds were dry(Ponds A& C), a small amount of water was in the central portion of Pond B. The water originated from normal precipitation such as rain and snow melt. No brine water has been added to the ponds since 1993 or 1994. Vegetation, predominantly wild grasses are present in the ponds. Wild grasses cover more than 65%of each pond area. This indicates that in the slightly more than five years since the facility MEC 2000.114 2 holding ponds. Overall, here should be no difference :ax the materials added to either pond Six monitoring wells are located outside the fenced pond disposal area around the perimeter of the site in each direction. Five of these wells are reportedly accessible and can be used for sampling. One well has been plugged. Vicinity Description The inactive Roggen Brine Disposal facility is situated in and agricultural use area. No buildings or residences are within a 2-mile radius of the site. The area is characterized by gently rolling surface topography. Vegetation common to the area includes wild grasses and shrubs. The subject site is located within an oil field in the geologic Denver Basin. Oil field production is common in the area. Within a 200 foot distance from the site there is an oil well to the south and a natural gas well to the north. Also,immediately to the south is an oil well tank battery. Numerous other oil and natural gas wells are present in the area. MEC 2000.114 3 3.0 HISTORICAL BACKGROUND The ROGGEN Brine Disposal facility was permitted and started operation in 1980. Disposal operations ceased in 1993/1994. The majority of the fluids disposed at the site consisted of brine water o hexed from of waste field production. According to the Weld County Health Department types water fluids were occasionally disposed of at the site such as water from leaking underground storage tank cleanup, water from food processing operations, water from contaminated water from the Limon Tornado. The records indicate that request for disposal of these fluids was approved by either the State of Colorado or Weld County. 4.0 PRIOR ENVIRONMENTAL INVESTIGATIVE ACTIVITIES As mentioned above, there are six groundwater monitoring wells located on the site. The facility management installed five of the wells; the other well was installed by the Morgan County Water District(this well has been plugged). The information obtained from these wells was used in developing the sampling analytical requirements for this SAP. Information on the five monitoring wells installed on the site by the facility was obtained/reviewed from data in the WCDPHE files. Quarterly groundwater monitoring was performed on these well from 1986 through 1998. The results of this analysis are compiled in the table included in Appendix B. In 1994 the analysis included three quarters of groundwater sampling for Volatile Organic Compounds(VOCs). MEC Inc. contacted the Morgan County Water District regarding the groundwater monitoring well they installed on the northeast side of the facility. The water district provided copies of the analytical results for sampling performed from 1983 through 1987. The purpose of the well was to determine if contaminants from the disposal facility were migrating from the disposal facility towards their water supply well locations. The Morgan County Water District wells are located approximately 5 miles to the northeast These wells reportedly produce from the Hay Gulch • Drainage Basin aquifer, whereas,the water supply aquifer in the vicinity of the subject site produces from the Lost Creek Drainage Basin aquifer. The analytical results from the Morgan County sampling are summarized in Table 8,Appendix B. Over the period of time no contaminants were detected above regulatory levels. This well is located approximately 25 feet north of the monitoring well 'NE' location installed by the facility. In 1988 Total Engineering Service performed an Enviromnental Assessment Report for the Roggen Disposal facility. The findings of this report indicated that the "permeability of the pond linen was very favorable". At the time the 1988 report was prepared only Ponds A and C were in use. The report indicated that the pond A.scarps needed to be better maintained and that steps should be done to control erosion. The report also reviews the required groundwater sampling procedures. The report further indicates that"there is no hydraulic conductivity between the Lost Creek Drainage Basin and the Hay Gulch Basin where theMorgan County Water District's • MEC 2000.114 4 wells are located". The report further summarizes the history of the site till that date. A report entitled 'Roggen Disposal Groundwater Review, May 22, 1993 was found in the WCDPHE files. The author of the report was not identified. The report summarizes the history of the site and also indicates that groundwater monitoring had indicated the possible failure of the Pond B liner. Based on the potential impact, the use of Pond B was stopped/no more water was added_ No significant environmental impacts regarding hazardous waste has been identified in the prior environmental sampling m evaluations at the site. Numerous sampling events of the groundwater monitoring wells have been perfonned at the site in the past with no hazardous waste or hazardous conditions detected above regulatory standards. Based on these results the following sampling plan is proposed. The results of the sampling evaluation will be used to develop a closure plan for the site. The groundwater monitoring-sampling results for the years from 1982 through 1998, that has occurred in conjunction with the operation of the facility had demonstrated no hazardous constituent compound impact for the analysis performed. Tables summarizing the historical laboratory sampling are included in Appendix B. Tables have been prepared for each monitoring well at the site. Due to potential conflicting well identification numbering schemes for different years, MEC attempted to organize the data based on geographical location of the wells such as NW, SE, NE, or SW wells. Despite the possible conflicting well identification scheme the historical sampling data indicate that regulatory levels for hazardous constituents were not exceeded. Therefore,the possible past well identification confusion may not be critical in the subsequent evaluation of the site. At the bottom of each table are the possible water quality or groundwater quality regulatory standards that would apply for the analysis performed. As mentioned above, a May 1993 engineering report indicated that the liner for Pond B might not be adequate. The 1991 through 1993 groundwater monitoring for wells#4 and#4B(located east of Pond B)may indicate potential impact aecn-iated with the pond liner condition based on elevated TDS,chloride and sodium levels. Also mentioned above, based on the engineering report Pond B was closed and ceased to receive brine fluids and by 1994 the entire facility stopped receiving fluids. Subsequent sampling from 1994 though 1998 indicated a significant decrease in the TDS, chloride,and sodium levels to concentrations that may be considered normal for hard water conditions. • MEC 2000.114 5 5.0 PROPOSED CLOSURE SAMPLING RECOMMENDATIONS AND RATIONALE The groundwater quality and condition is the best indication of the environmental impact to the site and offsite areas, from the historical activity at the disposal facility. Potential leaching into the groundwater from the brine water disposal is the most likely primary source of potential contaminant migration from the former disposal pond area. The secondary source of offsite migration would be possible win blown materials from the ponds. Visual observations of the subject site the adjacent property shows that the native vegetation has not been impacted by the former disposal activity. No indications of stressed vegetation were readily observed. Within the former pond areas vegetation has started to grow back and currently covers more than 65%of the ponds. Cattle have grazed on the land immediately adjacent to the former disposal pond areas prior to the facility commencing operations in 1980 and had continued to do so during the disposal operation years through 1994 and has continued since the cessation of disposal activity. There has been no indication that the disposal pond's presence had impacted the cattle. As mentioned, oil and natural gas production and associated wells are located in the vicinity of the disposal pond area. Specifically, to the east and west within 50 and 200 yards of the subject site respectively are two exiting natural gas wells. There are also other wells in the vicinity. Because the most likely potential offsite release of contaminants from the ponds is through the groundwater,the proposed sampling plan pertains to the existing monitoring wells. Specifically, the existing accessible monitoring wells will be sampled. If hazardous conditions are encountered in the groundwater then additional sampling of the pond soil liners may be necessary. At the current time no sampling of the former pond soil liner is planned because: 1) No hazardous conditions have been identified from prior groundwater sampling; 2) Vegetation has started to grow in the former pond areas; 3) The Weld County Extension Office will be requested to visit the site and provide recommendations for subsequent reclamation. • MEC 2000.114 6 GROUNDWATER SAMPLING There are five existing groundwater wells at the site. The wells are located around the perimeter of the property, outside the fenced area of the disposal ponds. More than three years of quoted)) sampling was performed at the site follwoing the closure of the ponds in 1993/1994. The wells were last samples in 1998 for the standard monitoring parameters. In 1994,the wells were analyzed for volatile compounds in three separate sampling events. No significant hazardous environmental impact was encountered in the post closure sampling. A groundwater sample will be collected from each well. Each well will be surveyed for an accurate location. The depth to water will be measured and the groundwater flow direction will be determined. The conditions of the wells will determine if adequate water samples will be collected. The wells will be re-developed,since,it has been more than 2 years since they were sampled. During the sampling, aquifer parameters such as pH, conductivity,and temperature will be obtained. Prior background information, in the Roggen Disposal,Groundwater Review memo(May 22, 1993), indicates that the existing wells are approximately 80 feet deep,PVC cased,and perforated from 20-80 feet. The memo indicates that"Drainage from the site is to the northwest, into the Lost Creek Basin". The Total Engineering Environmental Assessment report, dated September 9, 1988,indicate that the original four monitoring wells are 2 1/2 inch PVC pipe. No formal wells logs exist,but the report indicates that"a gravel pack surrounds the PVC in the lower section with an impervious layer near the surface".. The reports referenced above indicate that the site drainage is to the northwest following the topography. It does not appear that an actual groundwater elevation map had been developed. As mentioned,the current sampling plan will measure the groundwater depth and the groundwater flow direction will be determined. ANALYTICAL REQUIREMENTS As mentioned,historical groundwater sampling found elevated concentrations of some analytes in monitoring wells located east of Pond C prior to 1993. The elevated levels dropped significantly in subsequent sampling after 1994 following the cessation of operations. The analysis to be performed represent the contaminants most likely to occur from the site activities and at minimum matches the prior laboratory sampling performed. Petroleum compounds may be present because the brine disposed in the ponds was generated from oil field production activities. Total petroleum hydrocarbon(TPH) compound for diesel MEC 2000.114 7 (TEPH), gasoline(TVPH), and oil& grease concentrations(TPH) will be analyzed to determine if hydrocarbon residues are present in the liner. Three groundwater sampling events for volatile organic compounds (VOCs) were performed in 1994. Low concentrations of toluene, ethylbenzene, xylenes and other compounds were detected in two of the sampling events in two different wells. All of the detection concentrations were below regulatory guideline levels as indicated on the tables. The results are summarized in Table 7, Appendix B. The groundwater sampling program will include the same analysis as performed in the past. This information will be used to compare to prior data which is summarized in the tables in Appendix B. The analysis will also be compared with regulatory standards. The groundwater sampling will include a VOC analysis for the two most downgradient wells and only BTEX compounds in the other wells. If VOC compounds,of concern, are detected in the two downgradient well samples then the three remainder wells will also be sampled for VOC and not BTEX. RCRA 8 analysis was not included in the previous groundwater sampling events. For the purpose of the closure and evaluation of hazardous contaminant potential at the site, the RCRA S metals analysis will be included in the water samples. In the tables below the actual number of samples collected will be dependant on the well conditions and the ability to recover water. GROUNDWATER SAMPLING Analysis Method # #of Samples 2VPH -ORO 8015 M 5 TEPH- DRO 8015 M 5 Oil and Grease 9070 5' Volatiles 8280 2. --- BTEX 8260 3 RCRA 8 Metals_. I 5 Sodium 6010 Tr 5 Chloride 9252 5 Sulfate 9038 5 Total Alkalinity 5 IDS 5 .—.J Calcium 5---- Magoesann . ..- Potassium 5 Iron -- 5 • MEC 2000,114 8 The above sampling plan requires the collection of a minimum of 5 groundwater samples for laboratory analysis. The laboratory cost, field sampling costs, and reports documentation for this sampling is estimated to be$6,000.00. 6.0 QUALITY CONTROL PROCEDURES Sampling Procedures The sampling procedures will be performed in accordance with acceptable EPA procedures. Methods and steps will be used to prevent exposure to samplers or the spread of possible contaminants during the sampling procedures. The procedures will also limit the potential for contamination from offsite sources or the cross-contamination from sampling locations. Groundwater Sampling Procedures: I) Plastic sheeting will be placed around well head surface casing. 2) A disposable bailer will be connected to the nylon string and lowered into the well. 3) MEC Inc. will estimate the amount of water volume in the well bore(based on well size, well total depth,and depth to water). Three casing volumes of water will be removed from each well. If the well is pumped dry, this will be considered as sufficient pre-sampling well bailing/ development. The wells will be allowed to stabilize for a 24 hour period prior to collecting samples. 4) Water samples will be extracted using the disposable bailer, the sampler will be wearing clean disposable gloves. 4) The sample jar/container will be labeled and placed in the ice cooler. 5) The sample locations will be recorded,and photographed. The water quality such as color and appearance will also be recorded. 6) New disposable bailers anifnew sampling gloves will be used for each well location. Therefore, equipment decontamination during the groundwater sampling will not be necessary. Documentation The soil and groundwater samples collected will be stored in an ice cooler. The sample ID# and sampling location will be recorded on the chain-of-custody form. Information pertaining to each sampling location such as soil description, staining, odor will be recorded in the field log book The results of the sampling will be documented in the Closure Report. The results may necessitate changes to the Closure Plan, submitted on August 8,2000. MEC 2000.114 9 APPENDIX A FIGURES & PROPOSED SCHEDULE MEC 2000.114 11 r,, .'a': V bars `.— L.... .il 1 L. a• ' = Soi/Liner Sampling Locations • Monitoring Wells Locations ci73— /,�Fence 9N a vu- -, �`B1 11\ ' [TT Fenc ii e `A�'AlPy i Cents Tank '1 Padsh Taal re _ nx+— ...ACCen Reed .+.amana..asarS--. ta.J ip .tea APPENDIX B LABORATORY RESULTS SUMMARY TABLES • MEC 2000.114 12 ROGGEN BRINE DISPOSAL FACILITY - GROUNDWATER SAMPLING TABLE 1: SE WELL LOCATION -#1 r Weil 1 , 7utotalI I Stetien�Met Sulfate Tote! 1 SOS I Ib�� I Iron . N ..N i amd� !COD!psva'amnreni 'wrai.t I NI.�nnwna 11 11 I(1 'O (NM) Alkalise* I(1 t(Mol) ! (PPM (11 ) Number i Dace ' catX3 1 alc:.a' cfl 4) I <m • I I I SE 1 10/87 1 7.3' 270 180 22 120 ; 5 j 26 220 1390 ; 6 10.33 j { 1 1/37 6JT 8 7j0 1+520 1 18201 2710 560 '6120' 330 Z7 { _ i��6/88 7.78 • 4394 x536 13.6 ! 1 5.7 15 { 243 495 0.62 1 0-1 1 i SE. j 10/88 7.28 253 ; 83 { 37.7 t ' 5 1 30.4 203 14O4 ; 0.6 j ND ; I SE I 2/89 7.2 i 250 1 170 20 1 23 { 3 230 i 370 1 5 1 0.6 1 12.5 1 j U ; SE : 5189 7.1 270 1180 i 22 22 ; 5 250 47O ! 6 . 0.8 1 JU 1U M 1 8/89 7.2 290 ' 190 24 22 8 ! 250 440 ! 5 1.3 1 1 U I �U SE ! 12/89 7.6 ; 230 ' 160 1 16 _ 1 20 a 5 220 1350 1 5 10.8 : 1U ! :U • • SE { 3190 -L7-7 1 260 I 180 ! 19 1 18 1 4 230 1370 ; 5 !0.321 _ SE ! 6/90 17.5 : 270 i 170 ! 24 18 1 7 j 230 1 380 ' _ 6 0.5 { I SE ! 9190 , 7.6 1 260 1 170 1 22 19 r a ' 230 1400 ; ..6 0.641 I 1 ! • i SE 12/90 7.5 ' 260J 170 j 22 18 I 9 I-_� 220 {380 1 5 0.321 ( { ; I1 SE- ! 3/91 7....54 250 1 180 _ 22 17 ' 6 1 220 {350 I 5 0.78 j _l.. 1 SE 6/91 ,7.5 250 170 19 17 e 220 370 5 2.6 1_ 9/81 7.6 1230 160 17 18 8 1 230 380 6 1.4 , I 11------97--101 11/91 7.6 i 240 160 I 19 { 17 7 210 1320 5 24 1 ! 1 1/92 7.8 1 250 160 l 22 ! 17 7 220 340 T 5 0.8 _ _ I ' 1 SE ' 4/92 7.8 1 250 170 19 1 17 1 9 I 220 330 ! 16 0.43 1 I • 1 SE i 7/92 7.8 1 270 170 24 ' 1.11 a 14 230 370 5 0.41 i 1 1 SE.. ,. 10/92 7.8 , 270 190 { 19 • 17 15 1 220 370 I 5 0.19 - 15E 7/93 7.7 250 170 19 22 14 200 370 6 0 1 { ! 1 SE 1/94 7.8 1 200 150 12 I. 32 15 140 340 4.7 0.08 1 sE 1 4194 7.6 1200 ! 780 100 64 790 140 1670 9 0.04 1 I 1 SE 1 10/94 7.7 1200 150 12 1 32 j 18 I 140 341 5 0.04 1 i 1 1 SE I 1195 7:8 200 150 12 33 { 16 130 970 5 0.02 ti ; 1 SE 1 4/95 7.8 ! 170 150 4.9 1 33 { 18 130 360 4 0.02 ! , - ! 1 SE { 9/96 7.6 { 215 160 13 38 i 20 130 400! 4 0.01 I I 1 SE f 11/95 7.7 j 200 160 ; 9.7 35 19 I 130 1370 1 4 0.01 1 1 1 1 11/96 7.7 ; 320 240 19 43 1 110 { 120 1 530 i 5 0.03 _ ' �, � 1 2/98 7.8 1 210 170 10 37 1 21 130 1380 1 4 0 i 1St 6/96 8 220 160 15 37 i 22 1 130 390 4 0.01 1 1SE _�»8/96 J 7.8 220 170 12 35 I 21 130 390 4 '0.01 1 SE 2/97 j 7.9 7800 510 66 220 I 57 .3j 1760 18 0.03 I -- 1M 5/97 7.5 1 510 340 49 140 30 210 1160 5 0.04 __ 1g 8/97 7.4 1 1060 610 110 '310 65 440-2370 .9 0.1 1 M 11/97 7.2 1230 180 I 12 ` 44 1 25 ; 130 1 43O 1 4 1 0 ,1• f 1 5E 2/98 8.3 1 970 580 95 260 1 49 1 430 120801 10 10.02 1 1 -,� 1 M 5/98 7.7 1 750 470 1 68 190 42 _I 280 1510! 7 0.01 { Primo, Swamis5 _ ! I I...... r_.. leftemy s I 1250 250 0.3 0.3 ! ` 'MIMS* aruemr _- �. --- 5.... 100 . sti+d 1 ! sd. 400ar . 0k� I 1 ■ _._..11093 I ...._- I ! r. _ _ ROGGEN BRINE DISPOSAL FACILITY - GROUNDWATER SAMPLING TABLE 2: SW WELL LOCATION -#6 i Well i ; - rota! I - !bad namn.e .shiny 'Ti TL A:an ise !Iron' Nit=-N pawn i ca 1js•.,,,a. Number 11;,.aM>»j M.e..�i trrM► <'" !1I 1(M.O Irn*n Il (I .gm I 1 I()sic 1% 0003 1 Likbsn I (PPM) f< � i I SW3 , 1/8 17.6 220 160 IS , 11 8 j 26 175' 310 ; 10.12 1 j 1 - 7-1 I SW-i 1187 !7.7 550 l 340 ! 1180 I 74 1 1300 1280 1 16�1 i ;-� I S'W 5/88 ! 7.7 570 1 410 I 39 '240 I 82 J 1285 1530, 13 1.3 i� I SW '6/:-: 17.1 182 ;35.4 22.8 1 9.25 1 16 1 I83 284 0.43 0.24 j - ' - I -` I SW 10/88 17.06 212 ! 61 30.1 8 33.6 1 139 286 I 0.47 ND I t 2' 5,7-7-2-787.. X7.2�21Q j140 17 _,___ _4____ 12 5 I '180 320 I5 0.7 ? 12.4 :U 1 - SW 5/89 7.2 1210 ( 150 1 15 J 10 j 5 I 180 I:390 1�6 0. U II �� ' SW i &S9-.1 7.4 1 220 1 160 I 15 -1 l 7 1 R0 320 I 5 1.3 1 1 U :U ! ! ., ' SW -12/39 ' 7.3 ' 200 X140 14 10 1 5 170 (270 1 5 1.2 1 j U { U SW 3190 7.6 1200 140 15 _ 9 1 5 180 300 16 11 i 1 I 1 SW X8/90 7.6 220 1150 17 10 ? 4 j� 170 2901 6 ilex. # I i -5,--o-r---9/90 �7.8 i 220 150 - 1��4 1 180 310 I 5 0.49! _�- SW 12190 7.7 210 140 -17 10 I 10 170 300 1 5 0.58 1.... I I i SW 2 3/91 !7.7 ; 210 140 16 10 I 4 170 280 1 5 0.43 1 1 1 I SW 6 1_190 6/91 1 7.8 i 120 17 11 9 1 140 1280 I 4 0.441 ' 6 9/91 i 8 ! 180 i 120 10 - 8 4 140 250 I 3 0.11 J I 6 11/91 7.8 1180 120 i 15 9 r 4 140 240 14 0.08 I ( �� 6 1192 7.9 180 120 15 9 4 1 140 24677-0.02 I j ! I i I SW 6 4192 7.9 180 1 130 12 10 7 140 250 I 4 10.141 6 7/92 7.8 1 190 120 17 12 5 240 280 I 4 :0.07( l I 6 SW 10/92 7.9 1 190 1 130 15 12 j _6 140 270 4 ;0.04( ! - 6 SW 7/93 7.7 200 340 15 22 I 1I ' 130 330 2 j 0 1 I I SSW 1/94 7.8 210 150 15 33 16 ! - 140 x340 4.1 017 , 6 SW 1 4/94 7.8 200 150 12 321 17 I 130 350 4 0.02 I 1 I 6 10/94 , 7.7 _200 150 12 30 18 ! 140 340 5 _ 0.04 1 - l I 6 3W 1/95 7.7 200 150 12 32 15 140 j 350 I 5 0.021 - ! 8 SW 4/95 7.9 210 150 15 34 18 1 - 130 1 370 4 0.02 I 6 SW 9195 7.6 220 160 1 15 35 w-•-20 I 130 400 1 4 0.01T 1 8 SW 11/95 _7.6 210 160 12 135 20 I r 130 380 4 0.01 I i 6 3W I 11/96 7.7 410 280 32 ± 42 170 120 1640 6 0.0s 1 I 6 2196 7.8 1 200 160 --11-7---5 35 19 140 370 4 0.01 j _ 6 6/96 8.1 220 160 16 37 22 i 130 400 I 4 0.02 ! 1 ( I 6 SW 8/96 7.8 i 220 _ 170 1 I2 -77--37 22 1 130 390 4 0.02 j J 6 2197 7.9 940 520 100 250 I 64 360 2050 21 0.001 - I • _63W 1 5/97 7.71230 180 12 43 24 130 420 5 0.021 I.. 6 3W 8/97 7.5 LI000 570 100 290 _63 j 420 2260 9 0.05; 6 SW 11/97 7.6 1 1230 180 12- 44 25 130 1 420 1 4 )0.03 t 1 - 6 SW 2/98 8.2 j 230 1180 12 44 25 i20 1 400 4 0.01 I 8 5W 5/98 7.9 1 710 450 63 170 I 43 - 260 11440 6 10.01 .PAIIIIN sonatas ! ' . 15 I • 0,3 _ F______. '17�� , 250 250 !0,3 I 1 ! I I 15 1100 1 IDS Simslodtr I -tea. H. ! i 115 I I 1 1 _ j ONG .- ' _--•-. . .- • ROGGEN BRINE DISPOSAL FACILITY - GROUNDWATER SAMPLING TABLE 3: NW WELL LOCATION #5 Well • !So a&Ct io<,ae i Nas I Tat TDa :%mum Lmm Nitro*•N f t]dmmn-rcux, ' I ammnRa : Taut f I(PPM11(PW'4) I OM Mural"' i 9 MIAMIA (tom I(pm Number ,Weda.�IC.kia Malariala+ 1)atC Ph Ch0o3' m term) j I I !3 NW 12/82 ! 7.4 1243 167 ! 18 ; 14 10 i 43 190 ; 302 ! 6.2 ,0.05 j — 'NW 4 10/87 ; 7.6 ! 210 1150 ! 15 9.91 5121 1175 • 290i 5 ! 1.•t I 1 , ;N of-- 11/87 DRY! I 1 1 I _ I 'oadC i I 1 , • .f ' I i NW 6/88 7.541 176 :33.2 I 22.5 7-7 ! 13 186 1301 i 0.43 0.16 I 1 I !NW ! 10/88 17.38! 187 1 56 29.5 4 (8.6 113 1278 193romide ND f ! . 1 .39 , I I NW 3 2/89 17 2 200 i 140 15 11 4 180 I 320 j 5 0.5 1 '1.5 ii I J I i I NW 5/89 7 210 ; 150 15 10 5 ! 190 1 360 1 6 0.6 0.47 I U 1 I 1 'NW 1 8/89 1 7.4 1210 1 150 15 I0 1 4 1 180 r330 I 5 1.6 1 0.4 U _i NW 1 12/89 17.5 j 200 1140 1 14 10 f 5 ! 170 1 270 5 I 1.2 j U U .. _II NW -13/90 7.5 1200 1.140 15 - '9 !3 I 180 '1280 5 2.1 - i - NW 6/90 7.6 1200 !140 15 ~10' 4 170 0 4 0.73 1 I I I NW _ 9/90 17.8 [220 1140 119 10 4 170 300 5 0.73 1 I I I MN 12/90 7.7 1210 1140 117 10 16 1803004 0.55'• - 1 1 , NW 3 13191 7.7 1200 1130 117 10 '5 ; 170 1280 I4_... -_-10.6 I 1 1NW3 6/91 7.8 .210 !130 19 10 5 180 !300 5..._ 1 ! 3 9/91 7.9 1200 1130 17 10 i 0 I ,180 [281-5 1.8 1 J. 3 11/91 7.8 ',200 1140-'15 10 !6 j 180 270 5 3 1 j • 5 1/92 7.41 1400 1900 I 120 40 ! 900 . 200 12 0.07 + NW 4 4192 7.9 !200 140 115 10 '6 .180 27.0 5 1044 t 1 i MMS 7/92 7.8 1.210 150 115 17 8 ;170 •.14__ 0.31 .�_ I r NW 5 , 10/92 7.9 1 210 150 15 10 6 1 180 290 4 0.04 t 1 NW 5 7/93 7.8 240 170 17 19 17 1 180 350 4 0 • 51M 1/94 7.8 200 150 1 12 33 18 j 140 340 4 0.1 ; I 5 NN 4194 7.8 1400 940 I 110 _ 70 980 140 2050 8 0.05 ! ' S NW 10/94 7.7 200 160 i 10 33 18 140 350 5 0.04 ! 5 NVIf 1 1/95 7.7 200 150 i 12 32 15 110 350 5 0.02 I• I 51VW 4/95 8 200 1601 12 31 17 17 140 380 4.... 0.021 I I 5 NVV_ 9/95 17.5 1 210 150 1 15 32 17 1 130 380 1 4 0.02 , 1,5 NW 11/95 7.6 ! 210 160 12 37 20 1 j 130 350 I 4 0.01 :5 NW 2196 7.8 210 160 12 35 20 1.140 1380! 4 0.01 I , I'`''`� 5..._ 6/96 8.2 1 220 +170 12 37 21 130 )390 ! 4 0.02 • I 1 5 NW I 8/96 7.8 1 220 160 I5 34 20 130 390 i 4 0.02 , • 1 T 5 1 71/96 7.7 ' 380 1260 I 29 _43 140 1120 600 I 6 0.03 1 i I~� 5 NW 2/97 �1010 1560 110 270 I 88 . 3T0 22501 24 0.06 5 NW 5/97 7.7 1 290 r 210 19 60 {1 27_ 150 '570 j 4 10.02 1 5 NW 8/97 7.5 1 990 i560 100 280 1 60 400 2190 9 .10.04 1 ' 5 NW 1 11/97 7.4 I 230 1 180 I 12 43 ; 25 130 410 4 -- 10.02 t 5 NW 2/98 7.9 1 740 1450 70 190 1 52 !..._ 410 1520 12 0.01 i j , • 5 NW 7 5/98 7.8 770 1480 70 190 + 43 II 290 160-01 7 ,0,01 I I P,La r sunrn. 1— _ -! I 5 I s.ccnery sona.ra alas 250 250 1 0.3 10.3 Avia,aa. s ... . ....- _ _,_ 1' I 'T ,.j5. 100 I i TD3 fsams i I far 1 I' i I _... 1 ! _ _l.... ROGGEN BRINE DISPOSAL FACILITY - GROUNDWATER SAMPLING TABLE 4: NE WELL LOCATION-#4 1 _ ei •`_I I Tool I - 'y(MOdw&Chloe*i S lfaay Taal TM .•.Osuloe 'Iran !Moor 4.11 Cie C01)'Ghw� 1 omen* Amber Harden.; I maw.. ( )I(PPM) (Pin A11u1eiryi '(MO (17M1 (PPM) (OM i I ;Un1c ' Mt' cam. c.sktumI <NM _ ; illr" , . I ,_.. ..._.. ' ! 3/86 '7.3I 350 zo I 24 16 59 1-20 f 270 , 480 7 0 + 5'1EM 1 amp 13/86 17.31 1530 , 1C81110 24 1 980 1 16 1185 2370 14 I 0 } , " .Pry1 I I l i I 1 I ! I , ' NE I 11087 7.21 I380 I 910 j 110 124 1840 118 190 '2630 I 12 0.6 NE 111/87 f 7.6 I 550 4A11 1 79 j 260 180 , 970 7 4.6 f I �- E 1 6/86.9 15349 ' 1441 I 421 (3956 111 324 17800 I 24.1 0,2 i -^ E 110/88 $6.512107 i 9" I 500 3139 122 1352 2035 I 29.2 0.1 I NI . i I NE 4NE 4 /9.'7.21 570 I )d0 51 ( 18 -53-Ell 2- 80 790 { 7 11.1 12.9 I U I NE 5/89 .7.2 370 I 130 63 16 60 ' 270 540 I 5 '2.1 I 0.3 ;U i i , 8/89 1 7 2500 I 1= 220 1 36 1580 140 1 330 3300 7 I l.1 _10.42 i U I NE • 9/89 I6.9 12600 I 1" 230 i 39 1650 27 300 3520 ! 8 7 9 I ' NE ' 12/897.1 3240 ; 2110 270 1180 2510_ 2- 30 4580 I 17 4.9 13 U 5 NE 1 3/91 7 2500 i 1103 190 89 1800 240 3600 14 0.1 4A H3/91 6.5 6300 ' 3= 600 2210 7200 610 13/00 ( 20 60 I 4A ' 9/91 6.5 7000 4100 700 '1� 660-6-, 690 1400 19 �41 I 4A 111'81 8.6 7300 4= 730 930 8200 4- 80 1u70 24 128 4A 1/92 '6.7 6800 '200 I 630 840 590011 P540 " 25 21 ( i I 4A 4192 I6.6 8600 = I660 . 1000 5900. 500_L11sm i 22 8,9 L.NE 5 4/92 7.9 180 13) 12 110 7 140 250 1 4 0.1 E .. ' E?3 7/92 i 7.8 2370 1 170 24 ' 18 14 230 370 i 5 0.4 I ' NE 110192 ;7.6 1700 101 280 71 1200 180 2960 12 0.1 4A _ 11/92 6.7 4500 =0 440 iioo 4600 380 8860 18 4.9 I J ti,E 4 7/'93 7,4 1900 -1� 150 95 1400 140 3220 17 0 I 4 DE. 1/94 7.8 1500 tow 120 80 1000 150 2100 1 15 0.1 I . ; 41C 4/94 7.6 1100 740 $7 83 750 130 1580 1 10 0.1 I 1 • 41C 10/94 7.8 830 540 70 42 490 _ 140 15401 9 0 I 4 NE 119.5 7.7 880 550 75 39 500 140 1300 1 9 0 i .. OE 4185 7,8 800 530 66 38 530 140 1250 9 0.1 I 4 NE 9196 7.5 710 480 61 39 410 140 1250 I 8 _0 1 I -41•6 11/95 7.5 800 410 46 1 41 330 130 940 4 0 1 I 1 CC 12/98 7.8 810 1 410 40 _41 330 t40 960 _ 8 0 I I.-4 NE 16/96 ' 8 500 330 41 42 230 130 ~850 6 0 I 4 NE 1 8/96 7.81 220 170 12 . 39 21 130 400 ! 5 0 _j i 4 NE 111/96 7.7 1480 340 34 43 230 120 730 1 6 0.1 I .._� ' 4 PE ' 2197 7.91 1830 870 1 180 770 880 800 4810 1 99 0.1 i • 4 NE 5/97 7.6 1-10 790 150 360 79 500 3150 1 10 0,1 -4 NE 8/97 17.6 1690 410 ! 68 360 48 300 1470 1 7 0 - 1 i 4 NE 11/97 17.6' 980 580 1 97 280 57 340 2130 1 13 0.1 j 4 NE 1 2/98 8 460 I 68 i 66 200 68 460 1480 ( 13 0 I I I 4 NE 15/98 7.9 1780 I 480 73 190 i 44 290 1600 I 6 0 , I 1 j Primary Undo* _1-- 1 I---..___ _ _. .• _ seamy "'ma,saf' I I 1250 250 I 0.3 0.3 l�kdon SWIM!4 • I _•. .. 5 100 I • —3, Toe [srr { _�._ I I E.� _ — �_.._.I_._ L ROGGEN BRINE DISPOSAL FACILITY - GROUNDWATER SAMPLING TABLE 5: NE-E WELL LOCATION #413 Item i lame I aa� [aDTems.47'av•wrogi----T• —7-— I luJiiCLv+dc I Sag" 7w11]US i`mom (pRe .tl(614 6,81 I M ' 11Ns1! j ra••, I pw,p rin tPH.p �AU m1 k I ! ; t } r�aroneu • tibwt.4awl II I 4) - i ._i --1 - — -- INumber 13at0 t Y* I acv3 a�=�1 +moo _� ; 1019017.1 ; 29a18310 I ! 11190 n! , MO 40 1 + 7s901 _ i�.r t �— 7400 ' 4300 ' 187301 I t t�1 4B 1 17J90 1. i 4— ^�� ,fig1 +1i4- 4100I•° 380 ` 310~i 3100 9 tt —7.--1--a--- 1 ,, t 48 11191 '76.9 13600 22C° 340 1350 1 2900 ! 1370 54301 18 1 7-5 1 . I • 345 55901 21 { I i ' 4H 1/92 6.7 3800 jA°° • ado 260 2900 ; _ —• 6 ! L—. I `—" I 4192 1721 2000 t300 320 240 12100 l 210 43001 13 0.191 t I 4B I 1 r' 4B i 11/92 t 6.9 r 3100 I . 270 830 12700 1- 470 '6240 15 0.88 j. �� 150 7-1 I 12 1 32 -1 18 130 1340 4 0.03 I 48 X94 T.8 1 200 ~^ i 10194 -- .. - --I-1, 5 - t t 4 8 1 4195 8 210 •150 15 4 t8 _ 130 370 4 � t .-�1 . j 9/95 , I t... � t 4 A?0 I 11/95 7.8 , 430 290 140 I 40 190 130 650 I >3 ,0.01 -1----: 4A 7(3). 196 7.8 1 930 600 1_ 83 1 400 560 j ) 140 138039 10.02 I----i • 4 B 6/96 8 440 300 i 34 43 190 130 790 1 6 10.02 48 : 8196 78 700 ' 370 t 80 41 - 410 120 11230. 8 0,02 I I 11/96 _ _ 4 8 2/97 7.9 950 1 530 100 260 ._65 380 120901 22 10.04 I 1 4 h 5/97 7.7 600 1 360 58 150 36 •230-'1280; 5 0.05 . ! 4 B 8/97 7.7 1060 590 HO 300 64 430 12340 i 9 10.02 _ _-14 B I 11197 7.6 520 440 19 220 48 330 !16201 )) 10.05 1 4B ! 2/98 8 860 M 1500 87 290 41 . I 390 11800 9 0-02 1 4 B f 5/9i 7,7 810 510 {{ 73` i 200 45 1 300_ 1680; 7 10.01 1 - I 1 1 1 I 1 1 RNntY Smemtti I _ II 5 -..! L s,...-ay 1 sb,.r,� I 85.45 250 it 250 1 !0.3 0.3�"—EI ,bias l ., !Screws f__._... .__ �_.._... ...,__T� _._... ,... _1100 "—f TD5 !Stoma r t.� I ..«I - . I aaa ._.�.._..... a B A/6/94 TOWeae I/ 'ote ail o₹the mdtcatec. eae'neaters 11 610 Xylem 91 tnum concentrations are below aa+elebelosm COl the detections limes as IASnsfere a 11 1.2.4-Tewenmeenene 1 1 indicated by the T qualifier a-esetsu.e o.T 1 after the concentration w "''"` 1 amounts. Note of the Undecs la 12z. 6 1 tlaaeee.. u 1 detected concentrations nodea Midas 13 none are above regulatory z-136aele ke< 6 J standards. (No Sample 4 h 112/14/94 ...---.-._......i__ ----....'.._� NC Less than stated laboratory detection limit N/A=Not Analyzed J: indintes conctaQation that is estimated below analytical detection limit. ROGGEN BRINE DISPOSAL FACILITY • GROUNDWATER SAMPLING TABLE 6, SAMPLING RESULTS WM-I UNKNOWN OR CONFLICTING WELL LOCATION INFO. Spy (74�de Si k I Tout TDS Foaailm 'lmm lVlramo-NI Qdmr® W@Eti I `Hudson y I a (17PM1 (IW4i i N+leat'1 MIA VFW) (MA) (PM • P1uf11b8f 1Data Pe I C CO3 ckiap lye}(>'�M1 [(Pm ! I r i3 1 1 1282 17,2 1252 170 20 116 I 5 25 1 220 1 327 5�0 06 1 13 i I 1<001 '0 j_ 12/82 TT 5 { 218 149 t 17 j 11 6 ' 25 '.- ---22C H! S.9 10.06 [ 9 155 ' <<.001 :0 13 3 190 302 6.2 10.05 ` 10 j 34 I<.00 0 I 12/R2 .4 1243 167 i i8 X14 I 10 I 43 D01 0 1-4 i i282 1 7.4 1246 159 ' 21 115 ' 7 T 24 1210 1323 6276T6 1 11 I83 J<.001 1 5188 "1-8-7.330 ( 240 I 22 230 a1 130 I j 380 ;1000 I 2 I II { ; 2. l 5/88 { 7.5 1560 410 37 74 1 230 i . . 1190 11100 1 3 ;(1.65. 1 I , _.._ . 3 I 5/88 1 6.6 13060 2180 210 ' S100; 9300 620 [ 19600 ; 650 , 87 �----. C 588 7.6 2060 944 270 840 280 190 5000 9 flr 38 I L-_ • ..1---- 5/88 , 7.5 320 260 15 500 450 610 2130 ! 170 3.8 1 1 1-7 5 _._ 6 5/88 1 7.7 1 570 I 410~ I 39 240 I 82 ,285 1530 1 13 t 1.3 1 i ii_ 3/93 [ I 16 33 �T X90 .1� 1'5 i .�: 7_ 3193 17 13 i 280 10.141 r3 393' 14 240 730 1641 ( • 3840 r 10.07 , _ 3/93 130 2000 _x - ' ,. Primary lonely& I S ar aurarmrds 'as S f 250 250 '0.3 { 10.3 ViaRRe St+ _ _ �' _ 5 100 �..._ 1 TD5 ______ 4�a . 125 _ I �_ OPCG_� I 1 * Well location not clearly identified, Well #2 not used in lattersampling. r § e RI Lb . . A JC aO Y. Iii le e e N el 1 _ o 1€ ' e _ e a — ^ m Si '" _o .e o o O O L� it ee _ oa Q` _c e d Jy Y V V 8 rOg V /. m�—a! R !' gg� g n 5 ,M S �.n 1n I I di I • I y ;m to_„.s_a :IF lit o it I� I� et i!*I< J i4.. l:4 . 3 o PI 3 n I } le e I i 3 s �I2 c� � a w Ili' 1I !, I o l e,� :11:1 n OIi aIm Io I4I� h e.. o f I m I II�Ii ge I ' E It;�Z I ! gd�d Iii �_ T p a a W Q L .... .-...� .... .G... . Er nu vu_. lWIAMI.IkIfl1 AM I7AIIlU411d • LIM1]1J wuro s.ammvezwru CONSCLITIC 'SAS arill uen+c Masco�, August 8,2000 • " w Ms. Cindi Etcheverry • Environmental Specialist Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley,Co. 80631 and Mr.Roger Doak Colorado Department of Public Health and Environment Solid Waste Management Unit HMWMD-B2 4300 Cherry Creek Drive South Denver,Colorado 80246-1530 RE: Roggen Disposal Closure Plan,Development Standards USR-481:8I:27). Dear Ms. Etcheverry and Mr. Doak The following closure plan is prepared for the Roggen Disposal facility located approximately 2 miles east of Roggen south of Interstate 76. • CURRENT CONDITION: There are three existing pond structures at the site. At the time of recent site visits in January and June 2000 standing water was observed only in one pond(Pond C). The amount of water observed in June covers approximately 100 square feet and is only a few inches deep. Wild grasses are growing in each pond. The site is fenced with gates on the east and west side on the gravel mad,which passes through the south side of the site. Dark brown stained brine/sludge residue is present in various places in the ponds. The primary concentration was observed to be situated around the pond approximately 1/3 up the pond embankments at a level assumed to be the common water level in the ponds. The concrete unloading pad on the south side of the property is still in place. The buried piping extending from the unloading pad to the ponds is also in place. Equipment such as the holding and settling tanks have been removed ham the unloading pad. A partially buried concrete vault,used for storing skim oil,was located on the north side of the pad. This concrete • John Mahoney 2 (` DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17TH AVENUE GREELEY,COLORADO 80631 ' ADMINISTRATION(970)304-6410 ill C(\et. 11PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 Will De FES(970)304-6415 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO CERTIFICATE OF DELIVERY Undersigned, a person over the age of 18, hereby certifies that the following was hand delivered to : Mike Cervi Roggen Disposal Cervi Ranch Roggen, CO Documents delivered: 1) Notice of violations and hearing date delivered on July 27, 2000 g,„it l 027 cxrcc7 /--ems,91ii`r ' i 5 —��rY�zxL11 DATE DELIVERED DELIVERED BY (SigFature) Subscribed and Sworn to before me on a 7 day of t� 2000. A r 0,,Aii H- \C:LA/i NOTARY PUBLIC t (Sig ture) My Commission expires 2 /72/e_24r 1 (1 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17TH AVENUE tct° G REELEY,COLORADO 80631 ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 C FAX(970)304-6415 O ENVI RONMENTALHEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO July 27, 2000 HAND DELIVERED ON JULY 27, 2000 Mike Cervi Roggen Disposal Post Office Box 169 Sterling, Colorado 80751 Subject: Roggen Disposal - Violations of the Statutes and Regulations Governing Solid Waste Disposal Facilities Dear Mr. Cervi: The subject matter referenced above is in violation of the"Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations)(6 CCR 1007-2) as promulgated by the Solid Waste Disposal Sites and Facilities Act, 30-20-100, CRS(the Act), as amended, and the development standards set forth in Use by Special Review Permit#481:81:27. The violations include, but are not limited to, failing to close the facility and to provide financial assurance in accordance to the Regulations and the Act. Weld County has scheduled this item on the agenda of the Board of County Commissioners on August 21, 2000 at 9:00 am. The Board will consider the violations occurring at Roggen Disposal. This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have concerning the violations. Weld County Department of Public Health and Environment staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violations. Our records indicate that you were made aware of the nature of the violations, the action necessary to correct the violations, and that you were given sufficient time to remedy the violations. We have enclosed numerous pieces of previous correspondence concerning the violations. If you have any questions concerning this matter, please contact Cindi Etcheverry at (970) 304-6415, extension 2220. Sincerely, (—`,J C <1tG. (1./ 164eXte, . eIt%�6-LVrl/ y `i..3_r Cindi Etcheverry U Trevor Jiricek Environmental Specialist Director Environmental Health Services Environmental Health Services M:\Etch\Waste\Roggen Disposal\Notice of hearing.wpd cc: Charlotte Davis, Weld County Environmental Health Services Dr. Mark Wallace, Director, Weld County Department of Public Health and Environment Lee Morrison, Weld County Assistant Attorney Roger Doak, Colorado Department of Public Health and Environment Monica Sheets, Office of the Attorney General cik . , DEPARTMENT OF HEALTH TT Igoe, 1517 16 AVENUE COURT GREELEY, COLORADO 80631 ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX(970) 356-4966 September 13, 1996 Mike Cervi Northern Colorado Brine Post Office Box 167 Sterling, Colorado 80203 Dear Mr. Cervi: As you are aware, in October 1993,the State of Colorado adopted new solid waste regulations. These regulations are titled the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (6 CCR 1007-2). The financial assurance requirements found in Section 1.8 of these new regulations have not been implemented as the result of action by the E.P.A. However, this Section will become effective April 9, 1997. The result of this is that all solid waste facilities must submit their engineering estimates of closure and post-closure costs and financial assurance packages by this date or be in violation of the Regulations. Therefore, the Weld County Health Department is encouraging all facilities to begin to develop their financial assurance package. Several of the financial assurance mechanisms may take • considerable time to obtain so please don't wait too long. The financial assurance requirements are being implemented by the Solid Waste Section of the Colorado Department of Public Health & Environment(CDPHE). If you have any questions, please do not hesitate to call meat (970) 353-0635,extension 2232, Steve Laudeman of the CDPHE at (303) 692-3462, or Roger Doak of the CDPHE at (303) 692-3437. Sincerely, ,PlitoriuTrevor Jiricek Supervisor Environmental Protection Services tj\447 cc: Steve Laudeman, CDPHE Roger Doak, CDPHE STATE OF COLORADO Roy Romer,Gayer nor p4'C>]Z0 Paul 5hwayder,Executive Director • a<_ � Dedicated to protecting and improving the health and environment or the people of Colorado G'3 ,. HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION * --J• 4300 Cherry Creek Dr.S. 222 S.6th Street,Room 232 .1674 s Denver,Colorado 80232-1530 Grand Junction,Colorado 81501-2766 CpI A J attsncnt Phone(3031 692-3300 Phone(303)248-7164 of Public p rtm Fax(303)759-5355 Fax(303)243-7198 alth and Environment TO: Owners and operators of Solid Waste Facilities FROM: Glenn F. Mallory DATE: February 28 , 1997 SUBJECT: Solid Waste Update I would like to take this opportunity to update all owners and operators on up coming events concerning solid waste. First, is to remind everyone that financial assurance for all solid waste facilities is to be put in place this calendar year. The due dates are April 9, 1997 for facilities accepting over 20 tons per day (or equivalent) and October 9 , 1997 for those facilities accepting less than 20 tons per day. Contrary to one rumor I have heard the date has not been postponed again. Second, based on your input and comments we have made some changes to the way we had thought we would conduct reviews of the financial assurance packets. We will not be using the contractor to review the documents. This will mean that the originally estimated cost of approximately $3400 per review will not occur. We will conduct our own reviews using a hazardous waste staff person for the financial instrument and solid waste staff for the third party engineering cost estimate. We will charge our standard hourly rate .for this review time. I estimate that this review will not generally exceed $300 per facility. Because of the number of reviews to do it may be several months after submittal before you get an acknowledgment from us. Also, remember that the financial portion is to be signed or certified by the financial officer and the engineering cost estimate is to be sealed by a professional engineer. We urge you to use the forms that were developed for the financial assurance training sessions held in September 1996 since their use will reduce the amount of time that we will have to invest to review the materials. If you do not have this information packet, it is available on disc with an unbound training packet for $15. 00. Some issues that you should be aware of that continue to come up with regularity include the basis for the cost estimate for closure and post-closure, and the rumor that the date has been delayed. The cost for closure and post-closure are to be based on a third party doing the work. It is this dollar figure that owners & Operators of Solid Waste Facilities February 28 , 1997 Page two the financial instrument is based. At the time of closure you may do the work yourself. I have heard the rumor several times that the compliance date has been postponed again. This is not the case. In a federal register dated November 1996 concerning the local government test/guarantee an approved state was given the authority to postpone the compliance date by up to one year on a case-by-case basis. I have spoken to several entities concerning this matter and will need a written justification to be able to postpone the deadline. The above mentioned federal register containing local government test/guarantee information may be of interest to many of you. I am enclosing a copy of it to all owners and operators of locally owned facilities. The language contained within it is more lenient than that in our current state regulations. You may use the November 1996 federal test/guarantee but need to state so in your cover letter and mention that you're asking the Department to consider your financial assurance packet under Section 1.8.16 of the State regulations. We will be modifying our current regulations to be compatible with those in the November 1996 federal register. In addition to revising our financial assurance regulations to take into account the recent federal changes to the local- ' • government test/guarantee we will also be looking at the questions and comments that were received during the training session. To that end, we have contracted with Riskcap to conduct a review of our current regulations. We hope to address such .things as compatibility with the 'requirements of the state auditor, qualifying "other" funds and similar questions that were raised. Our time line is to start the review in February and complete any regulation modifications so that they will be in place by August. More information on this process will be forthcoming. You may be 31t%.i�t;ed y a Riskcap representative luring the regulation time period. If you have any questions please feel free . to call me 303/692-3445. Sincere ly,. / en F Mallor olid- Waste Unit Leader Hazardous Materi s and Waste Management Di 'sion Federal Register: Enclosed for Local Governments DEPARTMENT OF HEALTH. 1 1517 16TH AVENUE COURT ! GREELEY, CO 80631 C TION (970) 353-0586 HEALTH ROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 December 28, 1998 Mike Cervi Roggen Disposal Post Office Box 169 Sterling CO 80751-0169 Dear Mr. Cervi: Our staff have recently reviewed our files concerning the Roggen Disposal. Our records indicate that the facility has not posted adequate financial assurance as required by the Regulations Pertaining to Solid Waste Disposal Sites and Facilities(the Regulations). We have also discussed the status of the Roggen Disposal with representatives of the Solid Waste Unit of the Colorado Department of Public Health and Environment(CDPHE). Their staff have confirmed that the facility has not complied with Section 1.8 of the Regulations pertaining to financial assurance. As a result,the facility is currently in violation of the Regulations as well as development standard#17 of the facility's County issued special use permit(USR-481). Our records also indicate that the facility has not accepted any waste since mid-1995. In the event the facility is no longer viable, rather than post the appropriate financial assurance, you have the option to permanently close it. However, in order to close the facility, appropriate notifications must be made and a closure plan must be submitted to this Department and the CDPHE for review and approval. We request that within the next 14 days, you advise the Department and the CDPHE of the course of action that you intend to pursue. Please also include a detailed time frame that outlines the specific date that you intend to comply with the Regulations and your USR. In the event that you would like meet and discuss this letter or the facility's requirements, please contact me at(970)353-0635, extension 2232. S/iincce1r/e�lly,��JQ {Q Trevor Jiricek Supervisor Environmental Protection Services tj\1165 cc: Glenn Mallory, Colorado Department of Public Health and Environment Brenda Lujan, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Monica Daniels-Mika, Weld County Planning Department iaci.-;iiippp 'Y`•- i-n IJY 1 I.........\\ j APR 2 16 199 1 ETH AV N HEALTH _ E�k,I SE IR 1,1 rt l 1 6TH AVENUE COURT wgive 333 1t - --- 1 GREELEY, CO 80631 Hic..,...4przt.,,,.. pATFIALs "`50 MR)4ISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COMMUNITY HEALTH(970) 353-0639 COLORADO FAX (970) 356-4966 April 26, 1999 Certified Letter No.: Z 193 639 700 Mike Cervi Roggen Disposal Post Office Box 169 Sterling CO 8 075 1-0169 Dear Mr.Cervi: In a letter dated December 28, 1998,our Department requested that you respond concerning the lack of financial assurance for the Roggen Disposal. Section 11 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities(the Regulations)requires that the Roggen Disposal have adequate financial assurance. We have never received a response to this letter. We have again confirmed with representatives of the Solid Waste Unit of the Colorado Department of -• •Public'Healttt•and Environment:(CDPHE)that the Roggen•➢isposal has not obtained the appropriate- financial assurance. As a result,the facility remains in violation of the Regulations as well as development standard#17 of the facility's County issued special use permit(USR-481). We request that within the next 7 days,you advise the Department and the COFFEE,in writing,of the course of action that you intend to pursue concerning obtaining financial assurance for the Roggen Disposal. Please also include a detailed time frame that outlines the specific date that you intend to comply with the Regulations and your USR. If we do not receive a response within 7 days we will schedule a probable cause bearing with the Board of County Commissioners. I have attached the December 28, 1998,letter for your reference. In the event that you would like meet and discuss this letter or the facility's requirements,please contact me at(970)353-0635,extension 2232,or -.— Roger Dealt at the-CDPHS at(303)692-3437. _ Sincerely, , I Trevor Jiricek Supervisor Environmental Protection Services . 311248 cc: Glenn Mallory,Colorado Department of Public Health and Environment Roger Doak,Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Monica Daniels-Mika, Weld County Planning Department Glenn Vaad,Weld County Commissioner Z,0'd 91:SI 000 7 field SS£5-SSL-202:Xpd Shire 1UW ZHH CHEMICAL APPLICATIONS & ENGINEERING, INC. _ CAE P.O.Box 1335,Lyons,CO 80540 May 27, 1999 Mr. Roger Doak Hazardous Materials &Waste Management Colorado Department of Public Health & Environment 4300 Cherry Creek South Denver, CO 80222-1530 Re: Proposed Sampling/Testing Protocol Subject: Roggen Disposal/Northem Colorado Brine Disposal Dear Roger, Trevor Jericek of the Weld County Environmental Protection Services has asked me to send you a copy of my proposal for sampling and testing the soils and waters at the two above described sites. Since both facilities were utilized as evaporation pond units for Class II Disposal wastes - specifically, produced water from oil & gas production, it is my opinion that the proposed sampling/testing protocol is appropriate for both facilities. One aspect of the sampling/testing protocol which I failed to address is the establishment of baseline data for both sites related to sulfates, chlorides and metals which I.am sure you and Trevor will agree is necessary in order for a proper interpretation of the test data we will generate at both sites related to the potential contaminants in the various ponds. Our target • contaminants are Sulfates, Chlorides, RCRA metals, Total Petroleum Hydrocarbons (TPH) for soils and STEX for waters. Both sites are now in-active and all ponds are dry (excepting for seasonal rain accumulations) which will allow for ready access to the sites. I will assume that Trevor is going to coordinate all county and state guidance for the closure of these two sites but please give me a call if you have any questions or comments regarding the closure process. Yours Truly, • em C—, Poai-it"Fax Note 7671 Oats.910c,i ► I L.C. "Cliff"Roberts, ASCE r.P.F.✓oC rat a�ct `fO1e(a/� ,� y1-co - Project Engineer rw40 ea,v�s y c°' Ch-Fp 'Phone; Phone PC: Mr. Trevorjericek, Weld Cou p{.�e9f-6'f, I �� 12-3-9 ei Mr. Mike Cervi, Client Office: 303/823-9091 Mobile: 303/548.7085 Fax: 303/823.9091 Swvin9Industry wdh Environmental Solutions Since 1982 I Cindi tc everry- page 1 I --z June 16, 1999 Cliff Roberts Chemical Applications&Engineering,Inc. P.O.Box 1335 Lyons,CO 80540 RE:Northern Colorado Brine (NCB) Dear Mr.Roberts: The Solid Waste Unit of the Hazardous Materials and Waste Management Division(the Division)has reviewed your letter of May 27, 1999 requesting modification to the current Sampling and Analysis Plan (SAP)for the above referenced facility located in Weld County. Also,you have proposed to utilize your modified sampling and testing protocols at the Roggen Disposal site located in Weld County. The approved SAP for the NCB facility went through an extensive review process by the Division,Weld County Health Department and Mr.Gene Fritzler(former consultant for Mr.Cervi). The SAP provides the necessary and appropriate procedures for sampling both the underdrain and pond liners at this facility. The document is available at our office should you have an opportunity to review it. Was operating permit expired on December 12, 1998,this is the official closure date for this facility. trursuant-to Section 3s$,7 ax14 e-solid waste regulhtit ns,(6 CCR 1007 2),closure activities must be completed w thin'fltPllaytfollowmg closure cu a faeik,'rt . To date,only Pond E at NCB has been officially closed. An extension of the closure period may be granted if a demonstration is made that closure will of necessity,take long than 180 days. A written request must be sent to both the Weld County Health Department and the Division. The Division agrees that sampling at the )tpn facility is a high priority. Proper closure of this site must begin with a site investigation of the inactrveponds for potential soil and groundwater contamination. Given the similarities in waste streams and operational practices between the two facilities,the approved sampling protocols for NCB can be applied at the Roggen site t ib 3i sehedu1 which provides time frames for sampling each inactive pond at the Roggen facility. In closing,Mr.Cervi has been billed for two projects(one is six months in arrears)and as of this writing has failed to pay either bill. Mr.Cervi is aware that technical documents reviewed by Division staff are billable. Until Mr.Cervi's outstanding debts are payed in full,the Division will not commit staff time to review documents submitted by or on behalf of your client. Should you have any questions regarding this letter,please contact me at 303-692-3437. Sincerely, Roger Doak Environmental Protection Specialist Solid Waste Unit Cindi Etcheverry - ROSERTS.VVPD Page 2 Compliance Program cc: Trevor Iiricek,Weld County Health Department Mike Cervi sw/wld/ncb la I ' Ab Pkirr CHEMICAL APPLICATIONS & ENGINEERING, INC. P.O. Box 1335, Lyons, CO 80540 CAE fr July 9, 1999 r Mr. Roger Doak • Environmental Protection Specialist Solid Waste Unit - Compliance Program Colorado Dept. of Public Health & Environment 4300 Cherry Creek Dr. S. Denver, CO 80246 - 1530 Re: Request for Extension of Closure Period Subject: Northern Colorado Brine/Roggen Disposal Dear Roger, Based on your letter of 16 June, 1999 and all subsequent discussions with the CDPHE and • the Environmental Protection Services of Weld County - I understand the necessity for adhering to the previously agreed upon SAP submitted by Mr. Fritzler. I recently received a copy of that document as welt as the large volume of lab analysis which Mr. Fritzler generated while working the project. I thought I would be able to review that data rather quickly but am finding that the more than six inches of documents is taking more time that I first thought. I want to carefully review what Mr. Fritzler accomplished before I commence any further activities in order to avoid a duplication of effort. I would therefore request an extension to the closure period for both sites in order to allow me to understand what data has already been developed and is ready for submittal prior to moving forward with further work. I would hope to have all of the current data evaluated by 1 August, 1999 and be ready to proceed with the remaining SAP. I believe it is important to bring closure to the NCB site first because of its proximity to potential residential development. Please let me know at your earliest convenience if my request for an extension of the closure period can be granted. I will be in contact with Trevor Jericek in this same regard. Regarding the last paragraph of your 16 June letter - I have discussed the matter of project billing with Mr. Cervi and was advised that the billing related to this project has been paid. I look forward to working with you and Trevor on this closure project and would welcome your guidance and comments as we proceed to bring these matters to a satisfactory conclusion. Yours Truly, L.C. Roberts, ASCE Project Engineer f �,4� PC: Mr. Trevor Jericek 1 /80 9 ,,/� .1 p. Mr. Mike Cervi '�' 11/ Y �` spy J r Office: 303/823-9091 Mobile: 303/548-7085 Fax: 303/823-904' . Serving Industry with Environmental Solutions Since 1982 !� , (it DEPARTMENTOF PUBLIC HEALTH N ENVIRONMENT 1555 N. 17TH AVENUE GREELEY,COLORADO 80631 ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 FAX(970)304-6416 ENVIRONMENTALHEALTH SERVICES(970)304-6415 q FAX(970)304-6411 COLORADO July 28, 1999 Mike Cervi Northern Colorado Brine/Roggen Disposal Post Office Box 169 Sterling CO 80751-0169 Dear Mr. Cervi: As you are aware, on Wednesday, July 28, 1999,you,Roger Doak of the Colorado Department of Public Health and Environment and I met to discuss the closure status of the Northern Colorado Brine (NCB) and Roggen facilities: We discussed many items, including but not limited to the status of closure at the NCB and Roggen facilities,the contents of the NCB sampling and closure plan,the lack of a sampling and closure plan for the Roggen facility, financial assurance at both facilities, etc. Mr.Doak and I also discussed with you that it appears that you are delinquent in closing both facilities according to the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2). At the close of the meeting you made two commitments to address outstanding issues at both of these facilities. The commitments are as follows: 1) You have committed to submitting a detailed response to the three items discussed in Roger Doak's letter dated July 20, 1999. You have committed to submitting this response no later than close of business on August 9, 1999. 2) You have committed to submitting a sampling and closure plan for the Roggen Disposal facility. You have committed to submitting this plan no later than October 1, 1999. I hope that this letter accurately summarizes our discussion and your commitments made on this date. If it does not, please contact me immediately. If you have any questions or if we can be of any assistance, please do not hesitate to call me at(970) 304-6415, extension 2209, or Roger Doak at(303) 692-3437. Sincerely,�'] • A 1/41 Trevor Jiricek Supervisor Environmental Protection Services tj\1314 cc: Roger Doak, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office i � Ics NORTHERN COLORADO BRINE P.O. BOX 169 STERLING, CO 80751 October 22, 1999 Trevor Jiricek 1555 North 17th Avenue Greeley, CO 80631 Dear Trevor: This letter is a follow up to give you a progress report on the closing of Ponds B and C of Northern Colorado Brine. Soil samples have been taken from Ponds B and C according to the schedules submitted to you. The results will be submitted to you as soon as Mr. Wright receives the analysis results. The closure plan for Roggen Disposal is in it's infancy. Sorry this wasn't given to you by October 1, but with the building boom and shortage of engineers on the front range it is impossible to procure people to work on this project. We will do a follow up letter within 30 days. Sincerely, Mike Cervi 5� (11/, ( DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 17TH AVENUE GREELE'Y,COLORADO 80631 Willie ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 FAX ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO November 2, 1999 Mike Cervi Northern Colorado Brine Post Office 169 Sterling, Colorado 80751 - Subject: Roggen Disposal, Closure Plan Dear Mr. Cervi: The Weld County Department of Public Health and Environment has reviewed your October 22, 1999, letter concerning the Roggen Disposal. The letter indicates that you have been unable to contract with an engineer to develop a closure plan for the Roggen Disposal. We have also discussed your letter with Roger Doak of the Colorado Department of Public Health and Environment. Please consider this an unified response from both Departments. As you are aware, in our meeting of July 28, 1999, you had committed to submitting a closure plan for the Roggen Disposal no later than October 1, 1999. Based upon this letter, it is our understanding that in addition to failing to submit a closure plan within your committed time frame you also have yet to procure the services of an engineer or contractor to begin working on this project. Please provide this plan no later than December 31, 1999. Mr.Doak and I have worked with many engineers and scientists that have experience in this type of work. Upon request,we can provide you with a list of environmental consultants. Please do not hesitate to call me at (970) 304-6415, extension 2209, or Roger Doak at (303) 692-3437. Sincerely, Trevor Jiricek Supervisor Environmental Health Services tjlroggethclosure cc: Roger Doak, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Roggen DISPOSAL 1212 50. AVE. GREELEY, CO.80434 Trevor Jiricek . 1555 North 17th. Ave. Greeley, Co. 80631 Subject Roggen Disposal Dear Trevor As per our phone conversation a few weeks ago concerning Roggen disposal We would like to purpose that instead of closing the Roggen ponds that we Leave them as they are, to be to be used as watering ponds for livestock,wild Life,water foul ect. ,the ponds are growing grass and weeds at the present time And one has water in it and we have seen ducks in it, we feel that this would be A much better use of the land than to cover them and try and keep them from Blowing away while trying to get some vegetation growing, you said that this Might require an amendment to the plan if so let me know and we will do what Ever we need to. I am inclosing some photos I took at the site in November . please let me know What you think. Scerely V-.4 O'4 Larry W*E c.c. Mace Cervi Roger Doak DE?ARTMENTOF PUBLIC HEALTH AND ENVIRONMENT 15555 N. 17TH AVENUE GREELEY,COLORADO 80631 ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)3046420 FAX(970)304-6416 ® ENVIRONMENTAL HEa,LTH SERVICES(970)3046415 • FAX(970)304-6411 COLORADO December 23, 1999 Larry Wright Roggen Disposal 1212 51st Avenue Greeley, Colorado 80634 Subject: Roggen Disposal Dear Mr. Wright: The Weld County Department of Public Health and Environment bas reviewed your undated letter that was received by our office on December 22, 1999. The letter requested approval to allow the waste lagoons at Roggen Disposal to remain in-place rather than backfilling and grading them as required by Development Standard#18 of Special Review Permit#481:81:27. As we have previously discussed on the telephone, such a request would require consultation with the Weld County Planning Department,Attorneys Office, and possibly the Commissioners. However, we feel your request is inappropriate at this time. It would be appropriate to submit this request as part of a formal closure plan. A closure plan is required by Section 2.5 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2). In a meeting on July 28, 1999, Mr. Cervi ha,1 committed to me and Roger Doak of the Colorado Department of Public Health and Environment (CDPHE), to submit the closure plan for the Roggen Disposal facility no later than October 1, 1999. In a letter dated October 22, 1999, Mr. Cervi informed our Department that he was unable to submit a closure plan because a qualified individual to draft the plan could not be retained. In a follow-up letter, dated November 2, 1999, to Mr. Cervi, I requested the closure plan by December 31, 1999.. As you are aware, in mid- November I provided you the name and phone numbers of numerous consultants that Mr. Doak and I have worked with who are capable of writing such a plan. To date, we have not received a plan. The closure plan would be similar to the plan submitted for the Northern Colorado Brine facility. It would include, but not be limited to the following: • A detailed sampling plan that would yield representative results that of any on-site contamination. This would include impacts to soil and groundwater. • The proposed fate of the on-site receiving area and tank structures. • A proposal for the final contours and/or end,use of the property. Larry Wright December 25, 1999 Page 2 Please provide a closure plan by January 31, 2000. Failure to submit a closure plain may necessitate enforcement action by both the County and the CDPHE. If you have any questions, please call me at 970-304-6415, extension 2209. Sincerely, "r 4/4 Trevor Jiricek Supervisor Environmental Health Services tjlroggenlroggen i cc: Roger Doak, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Mike Cervi, Roggen Disposal DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT S 41% 1555 N. 1714 AVENUE GREELEY,COLORADO 80631 ADMINISTRATION(970)304-6410. PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 FAX(970)304-6416 t� ENVIRONMENTALHEAL T H SERVICES(970)304-6415 FAX(970)304-6411 COLORADO May 4, 2000 Mike Cervi • Roggen Disposal • Post Office Box 169 Sterling, Colorado 80751 Subject: Request for Closure Plan-Roggen Disposal Dear Mr. Cervi: The purpose of this letter is to inform you Weld County Department of Public Health and Environment is requesting a closure plan for Roggen Disposal. On numerous occasions our Department has requested that the Roggen Disposal be closed in accordance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations) (6 CCR 1007-2) as promulgated by the Solid Waste , Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S.(the Act), as amended, and the development standards set forth in Use by Special Review Permit#481:81:27(USR-481:81:27). As you are aware,the facility has not submitted a closure plan,nor has it been appropriately closed,as defined by the Regulations. You have. rteen C,LL4).,4ay.§��.o, subm, ito ea 1ari, and a rea, P>aable. rule me �e ure, to this Depparufen and the Colorado Department o Publz-'c eart an ironment foTreview and approval. evix ,.lations and requested zn • o, c s nd y, A tee t, da s to os a s an` "'"4'as=°" " fa�y e "er�. ns. allure to sii °�.'"" � ,�,.� �`�� .., _ �, bp it the closure `fan s e•tune line, and financial will- result in enforcement action by Weld County in accordance with the Act. I have enclosed copies of the letters previously sent by this Department concerning a request for a closure plan and closure of the Roggen Disposal for your reference. These letters are dated December 28, 1998, April 26, 1999, July 28,.1999,November 2, 1999,December 28, 1999. If you have any questions,please call me at (970) 304-6415, extension 2220. Sincerely, � Cindi Etcheverry Environmental Specialist Environmental Health Services M:1EtchlWaste\Roggen Disposal\ClosureRgstwpd Enclosure: Letters from Weld County cc: Roger Doak, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Trevor Jiricek,Director, Weld County Environmental Health Services fly{C' L MEMORANDUM TO: File DATED: May 9,2000 • FROM: Cindi Etcheverry • COLORADO SUBJECT: Roggen Disposal On Friday,May 5,2000 I went to Mike Cervis'home to hand deliver a letter requesting closure plan and financial assurance for the Roggen disposal. Butch Homer accompanied me. While at the residence Mike Cervi nor his wife were home. We did speak with a farmer who lives in a home at Mikes residence. He called Mike Cervis' wife for us. I briefly spoke with the wife, who informed me Mike was out of town for a week or so. She also asked that we not go to the Roggen Disposal without being accompanied by Mike. I placed the letter on the front entrance of the home. I also mailed a letter through general mail, as it is known that Mike does not accept certified letters from Weld County. • M:\Etch\Waste\Roggen Disposal lltrtofile050500.WPD STATE OF COLORADO Bill Owens, Governor Jane E.Norton, Executive Director p8 cow A� ! Dedicated to protecting and improving the health and environment of the people of ColoradoIT {� t ( ' HAZARDOUS MATERIALS AND WASTE MANAGE r1dENT DIVISION http://www.cdphe.state.co.us/hm/ *_*1g76 s 4300 Cherry Creek Cr,S. 222 S.6th Street, Room 232 Denver,Colorado 80246.1530 Grand Junction,Colorado 81501-2766 Colorado Department Phone(303)692-3300 Phone(970)248-7164 of Public Health Fax(303)759-5355 Fax(970)248-7198 and Environment May 17, 2000 • Mike Cervi P.O.Box 169 Sterling, CO 80751-0169 • Re: Roggen Disposal Financial Assurance and Operational Issues SW/WLD/ROG 1.3 Dear Mr. Cervi: We have conducted a routine review of our records concerning the Roggen Disposal Facility. The results of this review indicate that the facility does not yet have JQroo.,f°f financ ial,assurance for the waste impoundment closure and post-closure care. This is a violation of the RegufationePertaining to Solid Waste Disposal Sites and Facilities and its enabling Act; C.R.S. 30-20- 100.5 et seq. Financial assurance has been required for all solid waste disposal facilities since 1997 and is to be based upon,9n en Jcneerinn dks_ic n cost for,.cloj,ng the.largest portion of_,the facility that is to be open at one time and to include the cost for post closure care for s,30-year eriod. There are several options for providing the financial assurance. It is our desire to work with the Roggen Disposal to achieve compliance with the Regulations for the operation or the closure of this facility. In order to avoid legal enforcement action I strongly urge you to take immediate and positive action to rectify the outstanding issues in regard to this facility. We are seeking a written commitment by Roggen Disposal, within 30 days, that commits to a compliance schedule regarding these issues. You may contact me at 303/692-3445 regarding this matter. I will be working with Roger Doak(303/692- . 3437)on the operatictla1 concerns and with Mira Neumifler(303/692-3350)on financial assurance. Sincer , GI F. Mallory ' Waste Unit Leader C mpliance Program cc: Jeff Stoll, CDPHE Cindi Ectheverry, Weld County Health Dept r r /\ / 1 r \ 7 ;k\ '1‘\L.\1r _ MATIONBY ENVIRONMENTAL cCMPUL77NGDn. 1Nl I.dAYANAS May 19, 2000 "`�'COLORADO`NAI 1-1844 • Ms. Cindi Etcheverry Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, Co. 80631 TRANSMITTAL: Roggen Disposal Reports: 1) Sampling and Analysis Plan for Roggen Disposal Site, dated 2/23/00 WELD CQ HEALTH DEPT• If you have any questions please contact me at 970-352-2644 or 970-690-1680. Th o Mahoney cc. Mr. Roger Doak, Colorado Department of Public Health and Environment Mr.Mike Cervi, Roggen Disposal q, ' L 4 r2"1.56,ete / hyJ— i.rue's h res�vrr° r'r.7 irr, ,o/,rg,/dio,(an k / /X-/" - /'Z1irdolt, e L/- 45 4-'re Leos/s , %sue el-Aecterered ,40_ /tic di ,54,eile_ . it \itd 4s/s Corn e eve i it,t)4/ rsI-c 4s vre l`s ec , 4 S / `k \� s1 - C /wire' ori C cJ 3 a/tented sUk5x2p0/7e6- ,err „Seen3s4.2/1.15 /^20,5"441-4 / nSt' /kV e i4en,5 ,747e4 ao// see?, Zr- L'.? a≤&Ie,4n rites 6'10 l erle-5 > G a, Arne sib aa'4 , Grp s ASAP 119,77/"4"- 7d ha ics/e e ✓/ } Gn"1/ .dne�J'2 /Ils// //?/ Ae,z: T�IYJi fct,4 CT ✓7 e!;044o/ .r/ e erefi Vew/ 8- L eng/e.,s /61rereaetels until L - Jaen,,o/ei j/ Oide{cGtanf / S/ t gzr,/// ,//99//9.2 61er2"t P' 6O-ereursi/es d'/Vii J,? %S yaS a //awe bpAt,n !!L It/ DepfA 7 /�/ ee/°e4e ,p,/e �o�dre � iy�jv/ n9 /-7rc/ ae „jz and ,S 4eicrte _ .....:.... :� ` U. ... . .__.� 1 _ ... ... . . egg` _.. __..._... _........ ..... DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17TH AVENUE GREELEY,COLORADO 80631 ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 FAX(970)304-6416 O ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO July 12,2000 John Mahoney Mahoney Environmental Consulting,Inc. 1601 10t Avenue Greeley,CO 80631 Subject: Roggen Disposal-Sampling and Analysis Plan,Closure Plan,Financial Assurance Dear Mr.Mahoney: As you are aware, on Tuesday, June 20, 2000, you, Roger Doak of the Colorado Department of Public Health and Environment,Trevor Jiricek,and I met at Roggen to discuss closure of the Roggen Disposal facility. As discussed in our meeting the submitted sampling and analysis plan(SAP) does not constitute a closure plan. Also as discussed,financial assurance must be funded and a revised time schedule is needed for closure at Roggen Disposal. We have reviewed the SAP. In addition to the comments submitted by Roger Doak in his June 22,2000,letter,we have the following comment: Four(4) samples from each side of the concrete receiving pad must be obtained and composited into one. The sample will be taken from 0 to 12 inches. If contamination exists below 12 inches,then a 12 to 24 inch composite sample will be taken. In summary please submit the following: • A closure plan that includes removal of all existing structures,e.g.receiving area,piping,underground tanks,etc. • A revised SAP that incorporates the above comments as well as Mr.Doak's. • Provide evidence that financial assurance requirements have been addressed. • A revised schedule and time line events of sampling and closure activities. These will be reviewed and considered by Weld County Department of Environmental Health and Colorado Department of Public Health and Environment for approval. Please submit the above within ten(10)days. If you have any questions regarding this letter,please contact me at(970)304- 6415, extension 2220. Sincerely �G� Cindi Etcheverry Environmental Specialist Environmental Health Services M:\Etch\Waste\Roggen Disposal\Closure meeting ltr 071000.wpd cc: Mike Cervi,Roggen Disposal Roger Doak,Colorado Department of Public Health and Environment Lee Morrison,Weld County Attorneys Office Trevor Jiricek,Director,Weld County Environmental Health Services ftt(tt MEMORANDUM TO: Weld County Commissione DATE: July 27, 2010 IIII� FROM: Cindi Etcheverry and Trevor Jiricek, apartment of • Public Health and Environment COLORADO sUBJECT: Roggen Disposal-Recommendation to Proceed with Legal Action We are recommending the Weld County Commissioners approve our request to allow the Weld County Attorney to proceed with legal action against Roggen Disposal. Two violations have occurred at the facility: 1) Failure to Close the facility in accordance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" ((6 CCR 1007-2)(the Regulations)). Section 2.5.8 of the Regulations requires that the owner or operator shall prepare a closure plan for approval by the Department after consultation with the local governing body having jurisdiction. Section 3.5.7 also requires that the owner or operator complete closure activities within one hundred eighty (180) days following closure of the facility. 2) Failure to Provide Financial Assurance in accordance with Section 1.8 of the Regulations. Section 1.8 requires that the owner or operator of any solid waste disposal site or facility maintain written documented current cost estimates for hiring a third party to close the facility and establish financial assurance sufficient to ensure payment of such costs. In Colorado financial assurance was required for all solid waste disposal facilities on April 9, 1997. The Weld County Department of Public Health and Environment (WCDPHE) has requested a closure plan in six(6) separate letters. These letters are dated December 28, 1998, July 28, 1999, November 2, 1999, December 28, 1999, May 4, 2000, and July 12, 2000 (all attached). The Colorado Department of Public Heath and Environment (CDPHE) has requested a closure plan in three (3) separate letters. These letters are dated June 16, 1999, July 28, 1999, and November 2, 1999 (all attached). According to our records the Roggen Disposal became inactive some time in 1996, and has never provided a complete closure plan or closed the facility in accordance with the Regulations. The WCDPHE has requested financial assurance be provided in five (5) separate letters. These letters are dated December 28, 1998,July 28, 1999,April 26, 1999,May 4,2000,and July 12,2000 (all attached).The CDPHE has requested financial assurance be provided in three(3)separate letters. These letters are dated February 28, 1997, July 28, 1999, and May 17, 2000. 6ir\ DEPARTMENTOF PUBLIC HEALTHAND ENVIRONMENT 1555,C N. RA7TH AVENUE GREELEY,COLORADO 80631 ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 link FAX(970)304-6416 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO CERTIFICATE OF DELIVERY Undersigned, a person over the age of 18, hereby certifies that the following was hand delivered to Mike Cervi Roggen Disposal Cervi Ranch Roggen, CO Documents delivered: 1) Notice of violations and hearing date delivered on July 27, 2000 j/jz,-4 7 v'eOce ci oz2�rY'r' Ac ��.jj� CYATE LIVERED DELIVERED BY (Si ature) Subscribed and Sworn to before me on ;2 7 day of{ • (/ 2000. c:1)4,,7-1.---', 4,4 4 CLIA1 ARY PUBLIC (Sig ture) My Commission expires ;Is /17 G N 1 • ;C-....\\ DEPARTMENTOF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 1 TN AVENUE GREELEY,COLORADO 80631 ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 WI Ile FES(970)304-6415 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO July 27, 2000 HAND DELIVERED ON JULY 27, 2000 Mike Cervi Roggen Disposal Post Office Box 169 Sterling, Colorado 80751 Subject: Roggen Disposal - Violations of the Statutes and Regulations Governing Solid Waste Disposal Facilities Dear Mr. Cervi: The subject matter referenced above is in violation of the"Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations)(6 CCR 1007-2) as promulgated by the Solid Waste Disposal Sites and Facilities Act, 30-20-100, CRS (the Act), as amended, and the development standards set forth in Use by Special Review Permit#481:81:27. The violations include, but are not limited to, failing to close the facility and to provide financial assurance in accordance to the Regulations and the Act. Weld County has scheduled this item on the agenda of the Board of County Commissioners on August 21, 2000 at 9:00 am. The Board will consider the violations occurring at Roggen Disposal. This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have concerning the violations. Weld County Department of Public Health and Environment staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violations. Our records indicate that you were made aware of the nature of the violations, the action necessary to correct the violations, and that you were given sufficient time to remedy the violations. We have enclosed numerous pieces of previous correspondence concerning the violations. If you have any questions concerning this matter, please contact Cindi Etcheverry at (970) 304-6415, extension 2220. Sincerely, / 4J/JJ' yy Cindi Etcheverry Trevor Jiricek Environmental Specialist Director Environmental Health Services Environmental Health Services M:\Etch\Waste\Roggen DisposalWotice of hearing.wpd cc: Charlotte Davis, Weld County Environmental Health Services Dr. Mark Wallace, Director, Weld County Department of Public Health and Environment Lee Morrison, Weld County Assistant Attorney Roger Doak, Colorado Department of Public Health and Environment Monica Sheets, Office of the Attorney General t /-e : V DEPARTMENT OF HEALTH 1517 16 AVENUE COURT GREELEY, COLORADO 80631 O ADMINISTRATION (970)353-0586 HEALTH PROTECTION (970)353-0635 • COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 September 13, 1996 Mike Cervi Northern Colorado Brine Post Office Box 167 Sterling, Colorado 80203 Dear Mr. Cervi: As you are aware, in October 1993,the State of Colorado adopted new solid waste regulations. These regulations are titled the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (6 CCR 1007-2). The financial assurance requirements found in Section 1.8 of these new regulations have not been implemented as the result of action by the E.P.A. However, this Section will become effective April 9, 1997. The result of this is that all solid waste facilities must submit their engineering estimates of closure and post-closure costs and financial assurance packages by this date or be in violation of the Regulations. Therefore, the Weld County Health Department is encouraging all facilities to begin to develop their financial assurance package. Several of the financial assurance mechanisms may take • considerable time to obtain so please don't wait too long. The financial assurance requirements are being implemented by the Solid Waste Section of the Colorado Department of Public Health & Environment(CDPHE). If you have any questions, please do not hesitate to call meat(970) 353-0635, extension 2232, Steve Laudeman of the CDPHE at(303) 692-3462, or Roger Doak of the CDPHE at (303) 692-3437. Sincerely, Trevor Jiricek Supervisor Environmental Protection Services tj\447 cc: Steve Laudeman, CDPHE Roger Doak, CDPHE STATE OF cOLOO Roy Romer,Governor — p4-C• �. Paul Shwayder,Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado it ;_ �� • �i ♦ * HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIV151ON * • - * 411176 4300 Cherry Creek Dr,S. 222 S.6th Street,Room 232 Denver,Colorado 80222-1530 Grand Junction,Colorado 81 501-2 768 CoipeaJ jkparunent Phone(3031692-3300 Phone(303)245-7164 0 R 0 D-gHealth arm Fax(303)759-5355 Fax(303)248-7198 and Environment TO: Owners and operators of Solid Waste Facilities FROM: Glenn F. Mallory DATE: February 28 , 1997 SUBJECT: Solid Waste Update I would like to take this opportunity to update all owners and operators on up coming events concerning solid waste. First, is to remind everyone that financial assurance for all solid waste facilities is to be put in place this calendar year. The due dates are April 9, 1997 for facilities accepting over 20 tons per day (or equivalent) and October 9 , 1997 for those facilities accepting less than 20 tons per day. Contrary to one rumor I have heard the date has not been postponed again. Second, based on your input and comments we have made some changes to the way we had thought we would conduct reviews of the financial assurance packets. We will not be using the contractor to review the documents. This will mean that the originally estimated cost of. approximately $3400 per review will not occur. We will conduct our own reviews using a hazardous waste staff person for the financial instrument and solid waste staff for the third party engineering cost estimate. We will charge our standard hourly rate .for this review time. I estimate that this review will not generally exceed $300 per facility. Because of the number of reviews to do it may be several months after submittal before you get an acknowledgment from us. Also, remember that the financial portion is to be signed or certified by the financial officer and the engineering cost estimate is to be sealed by a professional engineer. We urge you to use the forms that were developed for the financial assurance training sessions held in September 1996 since their use will reduce the amount of time that we will have to invest to review the materials_ If you do not have this information packet, it is available on disc with an unbound training packet for $15. 00. Some issues that you should be aware of that continue to come up with regularity include the basis for the cost estimate for closure and post-closure, and the rumor that the date has been delayed. The cost for closure and post-closure are to be based onz a third party doing the work- it is this dollar figure that owners & Operators of Solid Waste Facilities . February 28 , 1997 Page two the financial instrument is based. At the time of closure you may do the work yourself. I have heard the rumor several times that the compliance date has been postponed again. This is not the case. In a federal register dated November 1996 concerning the local government test/guarantee an approved state was given the authority to postpone the compliance date by up to one year on a case-by-case basis. I have spoken to several entities concerning this matter and will need a written justification to be able to postpone the deadline. • The above mentioned federal register containing local government test/guarantee information may be of interest to many of you. I . am enclosing a copy of it to all owners and operators of locally owned facilities. The language contained within it is more lenient than that in our current State regulations. You may use the November 1996 federal test/guarantee but need to state so in your cover letter and mention that you're asking the Department to consider your financial assurance packet under Section 1.8.16 of the State regulations. We will be modifying our current regulations to be compatible with those in the November 1996 federal register. In addition to revising our financial assurance regulations to take into account the recent federal changes to the local- ' government test/guarantee we will also be looking at the questions and comments that were received during the training session. To that end, we have contracted with Riskcap to conduct a review of our current regulations_ We hope to address such things as compatibility with the requirements of the state auditor, qualifying "other" funds and similar questions that were raised. Our time line is to start the review in February and complete any regulation modifications so that they will be in ace by August.j. • Ncre information on this process will be forthcoming. You may be =itacted ty a Riskcap representative during the regulation =,v?oe; tim period. If you have any questions please feel free to call me 303/692-3445. Since.---r ly, en `.--7%, �Mallor Olid. Waste Unit Leader Hazardous Materi s and Waste Management D1 'sion • Federal Register: Enclosed for Local Governments lc—en) eittil tc esi,5\(\ DEPARTMENT OF HEALTH. 1B1517 16TH AVENUE COURT GREELEY, CO 80631 1111 ADMINISTRATION (970) 353-0586 ee HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 December 28, 1998 Mike Cervi Roggen Disposal Post Office Box 169 Sterling CO 80751-0169 Dear Mr. Cervi: Our staff have recently reviewed our files donceming the Roggen Disposal. Our records indicate that the facility has not posted adequate financial assurance as required by the Regulations Pertaining to Solid Waste Disposal Sites and Facilities(the Regulations). We have also discussed the status of the Roggen Disposal with representatives of the Solid Waste Unit of the Colorado Department of Public Health and Environment(CDPHE). Their staff have confirmed that the facility has not complied with Section 1.8 of the Regulations pertaining to financial assurance. As a result,the facility is currently in violation of the Regulations as well as development standard#17 of the facility's County issued special use permit(USR-481). Our records also indicate that the facility has not accepted any waste since mid-1995. In the event the facility is no longer viable, rather than post the appropriate financial assurance, you have the option to permanently close it. However, in order to close the facility, appropriate notifications must be made and a closure plan must be submitted to this Department and the CDPHE for review and approval. We request that within the next 14 days,you advise the Department and the CDPHE of the course of action that you intend to pursue. Please also include a detailed time frame that outlines the specific date that you intend to comply with the Regulations and your USR. In the event that you would like meet and discuss this letter or the facility's requirements,please contact me at(970) 353-0635, extension 2232. Sincerely, , t./ EW-4(it/e0 • Trevor Jiricek Supervisor Environmental Protection Services tj11165 cc: Glenn Mallory, Colorado Department of Public Health and Environment Brenda Lujan, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Monica Daniels-Mika, Weld County Planning Department • r... • l L4LLt' 1?6 I 1k VII; FITMENT OF HEALTH`' APB `' $ r3NC 1 6TH AVENUE COUP. • -- • GREELEY, CO 80631 44*v yr. %15 TSTRATION (970) 363-4586 HEALTH PROTECTION (970) 353-0635 T COMMUNITY HEALTH (970) 353-0639 CoL ORADO FAX (970) 356-4966 April26, 1999 Certified Letter No.: Z 193 639 700 Mike Cervi Roggen Disposal Post Office Box 169 Sterling CO 80751-0169 Dear Mr.Cervi: In a letter dated December 28, 1998,our Department requested that you respond concerning the lack of financial assurance for the Roggen Disposal. Section 1.8 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities(the Regulations) requires that the Roggen Disposal have adequate financial assurance_ We have never received a response to this letter. We have again confirmed with representatives of the Solid Waste Unit of the Colorado Department of . -• •. Public'Health and Environment�t:CDPIiEj that the Roggen Disposal has nor obtained the appropriate• financial assurance. As a result,the facility remains in violation of the Regulations as well as development standard#17 of the facility's County issued special use permit(USR-481). We request that within the next 7 days,you advise the Department and the CDPHE, in writing,of the course of action that you intend to pursue concerning obtaining financial assurance for the Roggen Disposal. Please also include a detailed time frame that outlines the specific date that you intend to comply with the Regulations and your USR. If we do not receive a response within 7 days we will schedule a probable cause hearing with the Board of County Commissioners. I have attached the December 28, 1998, letter for your reference. In the event that you would like meet and discuss this letter or the facility's requirements, piease contact me at(970)353-0635,extension 2232, or Roger Doak at the'CDPHE at(303)692-3417. Sincerely, Trevor Jiricek Supervisor Environmental Protection Services tj1I 243 cc: Glenn Mallory,Colorado Department of Public Health and Environment Roger Doak,Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Monica Daniels-Mika, Weld County Planning Department Glenn Vaad, Weld County Commissioner �0 "•� 91:SI 000 (52S-652.--OS:xpd S1iId31Eil ZHH ejoeCHEMICAL APPLICATIONS c& ENGINEERING, INC. _ P.O. Box 1335, Lyons,CO 80540 CAE May 27, 1999 Mr. Roger Doak Hazardous Materials &Waste Management Colorado Department of Public Health & Environment 4300 Cherry Creek South Denver, CO 80222-1530 Re: Proposed Sampling/Testing Protocol Subject: Roggen Disposal/Northern Colorado Brine Disposal • Dear Roger; • Trevor Jericek of the Weld County Environmental Protection Services has asked me to send you a copy of my proposal for sampling and testing the soils and waters at the two above described sites.. Since both facilities were utilized as evaporation pond units for Class II Disposal wastes - specifically, produced water from oil & gas production, it is my opinion that the proposed sampling/testing protocol is appropriate for both facilities. One aspect of the sampling/testing protocol which I failed to address is the establishment of baseline data for both sites related to sulfates, chlorides and metals which t am sure you and Trevor will agree is necessary in order for a proper interpretation of the test data we will generate at both sites related to the potential contaminants in the various ponds. Our target • contaminants are Sulfates, Chlorides, RCRA metals, Total Petroleum Hydrocarbons (TPH) for soils and BTEX for waters. Both sites are now in-active and all ponds are dry (excepting for seasonal rain accumulations) which will allow for ready access to the sites. t will assume that Trevor is going to coordinate all county and state guidance for the closure of these two sites but please give me a call if • you have any questions or comments regarding the closure process. Yours Truly, / -"l c_ �Y!�� D _ C�iS�" Past it"Fax Note 7671 aaa�L, 9 Mast b / L.C. "Gift" Roberts, ASCE J`� cc77e&VO� a2laZ F`t"O4/ A j, / Project Engineer c° C Phone a Phone e PC: Mr. Trevorjericek, Weld Cou ( '?p .309---6(ter f r'sb;' d'2-3-9 tR Mr. Mike Cervi, Client Office: 303/823-9091 Mobile: 303/548.7085 Fax: 303/823-9091 Serving Industry with Environmental Solutions Since 1982 Cindi Etcheverry- RObERTS.WPb Page 1 June 16, 1999 Cliff Roberts Chemical Applications&Engineering,Inc. P.O.Box 1335 Lyons,CO 80540 RE:Northern Colorado Brine (NCB) Dear Mr.Roberts: The Solid Waste Unit of the Hazardous Materials and Waste Management Division(the Division)has reviewed your letter of May 27, 1999 requesting modification to the current Sampling and Analysis Plan (SAP)for the above referenced facility located in Weld County. Also,you have proposed to utilize your modified sampling and testing protocols at the Roggen Disposal site located in Weld County. The approved SAP for the NCB facility went through an extensive review process by the Division,Weld County Health Department and Mr.Gene Fritzler(former consultant for Mr.Cervi). The SAP provides the necessary and appropriate procedures for sampling both the underdrain and pond liners at this facility. The document is available at our office should you have an opportunity to review it. `,10,;.s operating permit expired on December 12, 1998,this is the official closure date for this facility. t)¢luanGte Secraan-3. $7 of"taa cabl t =neguul8tiont(,S,C:CR.Fo0%.2%.closure.activities mttsbbe completed willnee 1* sfolt yng e4,osur4 a.fa . To date,only Pond E at NCB has been officially closed. An extension of the closure period maybe granted if a demonstration is made that closure will of necessity,take long than 180 days. A written request must be sent to both the Weld County Health Department and the Division. The Division agrees that sampling at the It pggeiw Olity is a high priority. Proper closure of this site must begin with a site investigation of the maofive ponds for potential soil and groundwater contamination. Given the similarities in waste streams and operational practices between the two facilities,the approved sampling protocols for NCB can be applied at the Roggen site. :B ` sohedtwhich provides time frames for sampling each inactive pond at the Roggen facility. In closing,Mt.Cervi has been billed for two projects(one is six months in arrears)and as of this writing has failed to pay either bill. Mr. Cervi is aware that technical documents reviewed by Division staff are billable. Until Mr.Cervi's outstanding debts are payed in full,the Division will not commit staff time to review documents submitted by or on behalf of your client. Should you have any questions regarding this letter,please contact me at 303-692-3437. Sincerely, Roger Doak Environmental Protection Specialist Solid Waste Unit a Cindi Etcheverry- ROSERTS.WPD Page 2 Compliance Program cc: Trevor Jiricek,Weld County Health Department Mike Cervi sw/wld/ncb la Ai, O CHEMICAL APPLICATIONS & ENGINEERING, INC. P.O. Box 1335, Lyons, CO 80540 CAE July 9, 1999 Mr. Roger Doak CU r• Environmental Protection Specialist Solid Waste Unit - Compliance Program Colorado Dept. of Public Health & Environment 4300 Cherry Creek Dr. S. Denver, CO 80246 - 1530 Re: Request for Extension of Closure Period Subject: Northern Colorado Brine/Roggen Disposal Dear Roger, Based on your letter of 16 June, 1999 and all subsequent discussions with the CDPHE and • the Environmental Protection Services of Weld County - 1 understand the necessity for adhering to the previously agreed upon SAP submitted by Mr. Fritzler. I recently received a copy of that document as well as the large volume of lab analysis which Mr. Fritzler generated while working the project. 1 thought I would be able to review that data rather quickly but am finding that the more than six inches of documents is taking more time that I first thought. I want to carefully review what Mr. Fritzler accomplished before I commence any further activities in order to avoid a duplication of effort. I would therefore request an extension to the closure period for both sites in order to allow me to understand what data has already been developed and is ready for submittal prior to moving forward with further work. I would hope to have all of the current data evaluated by 1 August, 1999 and be ready to proceed with the remaining SAP. I believe it is important to bring closure to the NCB site first because of its proximity to potential residential development. Please let me know at your earliest convenience if my request for an extension of the closure period can be granted. I will be in contact with Trevor Jencek in this same regard. Regarding the last paragraph of your 16 June letter- 1 have discussed the matter of project billing with Mr. Cervi and was advised that the billing related to this project has been paid. I look forward to working with you and Trevor on this closure project and would welcome your guidance and comments as we proceed to bring these matters to a satisfactory conclusion. Yours Truly, L.C. Roberts, ASCET .," Project Engineer JUL4: 44, PC: Mr. Trevor Jencek 1401407 f�y9 i/ �'4.;"*?. Mr. Mike Cervi 4JAY j� O r✓� _ � ��i�yf y40,1 �l yz. Office: 303/823-9091 Mobile: 303/548-7085 Fax: 303/823-90M��. Serving Industry with Environmental Solutions Since 1982 '�"//��r, re It: .'s\\ Z DEPARTMENTOF PUBLIC HEALTVIR0NMENT 1555 N. 17TH AVENUE GREELEY,COLORADO 80631 ■■■ ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 FAX(970)304-6416 ENVIRONMENTALHEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO July 28, 1999 Mike Cervi Northern Colorado Brine/Roggen Disposal Post Office Box 169 Sterling CO 80751-0169 Dear Mr. Cervi: As you are aware, on Wednesday, July 28, 1999,you,Roger Doak of the Colorado Department of Public Health and Environment and I met to discuss the closure status of the Northern Colorado Brine (NCB) and Roggen facilities: We discussed many items, including but not limited to the status of closure at the NCB and Roggen facilities,the contents of the NCB sampling and closure plan,the lack of a sampling and closure plan for the Roggen facility, financial assurance at both facilities, etc. Mr. Doak and I also discussed with you that it appears that you are delinquent in closing both facilities according to the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2). At the close of the meeting you made two commitments to address outstanding issues at both of these facilities. The commitments are as follows: 1) You have committed to submitting a detailed response to the three items discussed in Roger Doak's letter dated July 20, 1999. You have committed to submitting this response no later than close of business on August 9, 1999. 2) You have committed to submitting a sampling and closure plan for the Roggen Disposal facility. You have committed to submitting this plan no later than October 1, 1999. I hope that this letter accurately summarizes our discussion and your commitments made on this date. If it does not, please contact me immediately. If you have any questions or if we can be of any assistance, please do not hesitate to call me at(970) 304-6415, extension 2209, or Roger Doak at(303) 692-3437. Sincerely, Trevor Jiricek Supervisor Environmental Protection Services tj11314 cc: Roger Doak, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office -29464 NORTHERN COLORADO BRINE P.O. BOX 169 STERLING, CO 80751 October 22, 1999 Trevor Jiricek 1555 North 17th Avenue Greeley, CO 80631 Dear Trevor: This letter is a follow up to give you a progress report on the closing of Ponds B and C of Northern Colorado Brine. Soil samples have been taken from Ponds B and C according to the schedules submitted to you. The results will be submitted to you as soon as Mr. Wright receives the analysis results. The closure plan for Roggen Disposal is in it's infancy. Sorry this wasn't given to you by October 1, but with the building boom and shortage of engineers on the front range it is impossible to procure people to work on this project. We will do a follow up letter within 30 days. Sincerely, Mike Cervi �� { t1 ₹ -.4 \\ $ DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 4 1555 N. 1 AVENUE GREELEY,COLORADO 80631 ADMINISTRATION(970)304-6410 Ill 1 lie PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 FE (970)304-6416 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO November 2, 1999 Mike Cervi Northern Colorado Brine Post Office 169 Sterling, Colorado 80751 Subject: Roggen Disposal, Closure Plan Dear Mr. Cervi: The Weld County Department of Public Health and Environment has reviewed your October 22, 1999, letter concerning the Roggen Disposal. The letter indicates that you have been unable to contract with an engineer to develop a closure plan for the Roggen Disposal. We have also discussed your letter with Roger Doak of the Colorado Department of Public Health and Environment. Please consider this an unified response from both Departments. As you are aware, in our meeting of July 28, 1999, you had committed to submitting a closure plan for the Roggen Disposal no later than October 1, 1999. Based upon this letter, it is our understanding that in addition to failing to submit a closure plan within your committed time frame you also have yet to procure the services of an engineer or contractor to begin working on this project. Please provide this plan no later than December 31, 1999. Mr.Doak and I have worked with many engineers and scientists that have experience in this type of work. Upon request,we can provide you with a list of environmental consultants. Please do not hesitate to call me at (970) 304-6415, extension 2209, or Roger Doak at (303) 692-3437. Sincerely, Trevor Jiricek Supervisor Environmental Health Services tj\roggen\closwe cc: Roger Doak, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office 1:7; -L3/ • Roggen DISPOSAL 1212 51st. AVE. GREELEY, CO.806,34 Trevor Jiricek 1555 North 176'. Ave. Greeley, Co. 80631 Subject Roggen Disposal Dear Trevor As per our phone conversation a few weeks ago concerning.Roggen disposal We would like to purpose that instead of closing the Roggen ponds that we Leave them as they are, to be to be used as watering ponds for livestock,wild Life,water foul ect. ,the ponds are growing grass and weeds at the present time And one has water in it and we have seen ducks in it,we feel that this would be A much better use of the land than to cover them and try and keep them from Blowing away while trying to get some vegetation growing, you said that this Might require an amendment to the plan if so let me know and we will do what Ever we need to. I am inclosing some photos I took at the site in November . please let me know What you think. S' cerely t64# Larry Vftlikt c.c. Mile Cervi Roger Doak •-1/4C-NN;\\\ DEPARTMENTOF PUBLIC HEALTHAND ENVIRONMENT &\(.\ 1555 N. 17TH AVENUE GREELEY,COLORADO 80631 ADMINISTRATION(970)304-'6410 PUBLIC HEALTH EDUCATION AND NURSING(970)3046420 FAX(970)304-6416 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 s • FAX(970)304-6411 COLORADO December 28, 1999 Larry Wright Roggen Disposal 1212 51st Avenue Greeley, Colorado 80634 Subject: Roggen Disposal Dear Mr. Wright: The Weld County Department of Public Health and Environment has reviewed your undated letter that was received by our office on December 22, 1999. The letter requested approval to allow the waste lagoons at Roggen Disposal to remain in-place rather than back-filling and grading them as required by Development Standard#18 of Special Review Permit#481:81:27. As we have previously discussed on.the telephone, such a request would require consultation with the Weld County Planning Department,Attorneys Office, and possibly the Commissioners. However, we feel your request is inappropriate at this time. It would be appropriate to submit this request as part of a formal closure plan. A closure plan is required by Section 2.5 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2). In a meeting on July 28, 1999, Mr. Cervi hid committed to me and Roger Doak of the Colorado Department of Public Health and Environment (CDPHE), to submit the closure plan for the Roggen Disposal facility no later than October 1, 1999. In a letter dated October 22, 1999, Mr. Cervi informed our Department that he was unable to submit a closure plan because a qualified individual to draft the plan could not be retained. In a follow-up letter, dated November 2, 1999, to Mr. Cervi, I requested the closure plan by December 31, 1999. As you are aware, in mid- November I provided you the name and phone numbers of numerous consultants that Mr. Doak and I have worked with who are capable of writing such a plan. To date, we have not received a plan. The closure plan would be similar to the plan submitted for the Northern Colorado Brine facility. It would include, but not be limited to the following; • A detailed sampling plan that would yield representative results that of any on-site • contamination. This would include impacts to soil and groundwater. • The proposed fate of the on-site receiving area and tank structures. • A proposal for the final contours and/or end-use of the property. Larry Wright December 28, 1999 Page 2 Please provide a closure plan by January 31, 2000. Failure to submit a closure plan may necessitate enforcement action by both the County and the CDPHE. If you have any questions,please call me at 970-304-6415, extension 2209. Sincerely, 4-4 YU% t6, I —I Trevor Jiricek Supervisor Environmental Health Services tjlraggen\roggen1 cc: Roger Doak, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Mike Cervi, Roggen Disposal ic a X99 c _i DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 1 ADO8NUE GREELEY,COLORADO 50631 ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420 FAX(970)304-6416 ENVIRCNMENTALHEALTHSERVlCES(970)304-6415 FAX(970)304.6411 COLORADO May 4, 2000 Mike Cervi Roggen Disposal Post Office Box 169 Sterling, Colorado 80751 Subject: Request for Closure Plan- Roggen Disposal Dear Mr. Cervi: The purpose of this letter is to inform you Weld County Department of Public Health and Environment is requesting a closure plan for Roggen Disposal. On numerous occasions our Department has requested that the Roggen Disposal be closed in accordance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Regulations) (6 CCR 1007-2) as promulgated by the Solid Waste , Disposal Sites and Facilities Act, Title 30, Article 20, part 1, C.R.S.(the Act), as amended, and the development standards set forth in Use by Special Review Permit 4481:81:27(USR-481:81:27). As you are aware,the facility has not submitted a closure plan,nor has it been appropriately closed, as defined by the Regulations. You have. ourteen.Q14).days to submit a�•&JQ, 1an sure ,.agd a reas�4nable.s d le,tine ' o to this Dep> ent and the t,o orka Department 0 Public Tearran nvironment or review and approval. Y �... �i bons and re ested in o� c4ps. allure to"su rriif'" e closure 9421',` 4 da s o o t na • , as gut o ,ry An, sc edit e tur e 1me, and financia assurance will resu t in enforcement action by Weld County in accordance with the Act. I have enclosed copies of the letters previously sent by this Department concerning a request for a closure plan and closure of the Roggen Disposal for your reference. These letters are dated December 28, 1998,April26, 1999, July 28, 1999, November 2, 1999;December 28, 1999. If you have any questions,please call me at(970) 304-6415, extension 2220. Sincerely, -7 ejr Cindi Etcheverry Environmental Specialist Environmental Health Services M:\EtchlWasta\Roggen DisposallClosureRgst.wpd Enclosure: Letters from Weld County cc: Roger Doak, Colorado Department of Public Health and Environment Lee Morrison, Weld County Attorneys Office Trevor Jiricek, Director, Weld County Environmental Health Services ticze 4111141 MEMORANDUM TO: File DATED: May 9, 2000 FROM: Cindi Etcheverry • COLORADO SUBJECT: Roggen Disposal On Friday,May 5,2000 I went to Mike Cervis'home to hand deliver a letter requesting closure plan and financial assurance for the Roggen disposal. Butch Homer accompanied me. While at the residence Mike Cervi nor his wife were home. We did speak with a farmer who lives in a home at Mikes residence. He called Mike Cervis' wife for us. I briefly spoke with the wife, who informed me Mike was out of town for a week or so. She also asked that we not go to the Roggen Disposal without being accompanied by Mike. I placed the letter on the front entrance of the home. I also mailed a letter through general mail, as it is known that Mike does not accept certified letters from Weld County. • M:\Etch\Waste\Roggen Disposa111trtofi1e050500.WPD STATE E OF COLORADO Bill Owens,Governor of cOto Jane E.Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado t.-77 `j HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION * * http://www.cdphe.state.co.us/hm/ */876« 4300 Cherry Creek Dr.5. 222 S.6th Street, Room 232 Colorado Department Denver,Colorado 80246-1530 Grand Junction,Colorado 81501-2768 Phone(303)692-3300 Phone(970)248-7164 of Public Health Fax(303)759-5355 Fax(970)248-7198 and Environment May 17, 2000 Mike Cervi P.O.8ox 169 Sterling, CO 80751-0169 Re: Roggen Disposal Financial Assurance and Operational Issues SW/WI_D/ROG 1.3 Dear Mr. Cervi: We have conducted a routine review of our records concerning the Roggen Disposal Facility. The results of this review indicate that the facility does not yet have proof of financial assurance for the waste -(.,; .�/.M+w..a4.........m w1i...I: '^ 'L.�l3r..n- impoundment closure and post-closure care. This is a violation of the Regu�fa'tions Pertaining to Solid Waste Disposal Sites and Facilities and its enabling Act; C.R.S. 30-20- 100.5 et seq. Financial assurance has been required for all solid waste disposal facilities since 1997 and is to be based upon an engineering de o _cost fQ„,,otQ,s pg tt,e,.largest portion}of,the.facility that is to be open at one time and to include the ,_cost for gtostzciosure care forVS-year period. There are several options for providing-the-financial assurance. It is our desire to work with the Roggen Disposal to achieve compliance with the Regulations for the operation or the closure of this facility. In order to avoid legal enforcement action I strongly urge you to take immediate and positive action to rectify the outstanding issues in regard to this facility. We are seeking a written commitment by Roggen Disposal, within 30 days, that commits to a compliance schedule regarding these issues. You may contact me at 303/692-3445 regarding this matter. I will be working with Roger Doak(303/692- . 3437)on the operation 1 concerns and with Mira Neumiller(303/692-3350)on financial assurance. Sincer , GI F. Mallory Waste Unit Leader C mpliance Program cc: Jeff Stoll, CDPHE Cindi Ectheverry, Weld County Health Dept l / > J'� LIL\ n^ AHONEY f.M?R0NMDVTAL CONsULTINGING IWl 10AAY11I17L ° OI,4DO f7LJJ1./M4 May 19, 2000 U(JI Fos!7/.itL91M Ms. Cindi Etcheverry Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, Co. 80631 fg.771 TRANSMITTAL: Roggen Disposal Reports: 1) Sampling and Analysis Plan for Roggen Disposal Site, dated 2/23/00 GELD CO. HEALTH DEPT. If you have any questions please contact me at 970-352-2644 or 970-690-1680. )z-i. cc. Mr.Roger Doak, Colorado Department of Public Health and Environment Mr.Mike Cervi, Roggen Disposal 1� /6w�re // h - r 5 rest�r ✓ pro%n to Eiya \Q 9 6�7/ J�7!h�oj Pr /-zrne3.1. 'et,/ e'4s etc Cos iS /49 �tt�` 1f �� cG?e mere-nee l GAG J S, 74* eenne ®t4 ,4/ 6a u/-e/O.s vrc /`s eonvie t ash - e"//sc/r ""ic� d rusj Aza4.5 ern - ern rl i rnWO/>-iItei C/7 bl a-13 aeignefcci . ns/ e,l4e7,i //r a.// se,n/ Zia L,./? adtie,�nYf is l 6'n tries .21- ere, ,syt7te /c' aelarz y ,for �t3u1s SALA 4771 1/.4- G1 6617 l///i '_ S/ ,, ''� "ne.'7'9 J4�// ,,/�',k/t'h#ss Lo✓7Tev/n's/,het X?"-7 ` cia' 42is- a ,f'o /71 er -,o/e a/ 6u-refs Pavi 8- 7�/ S/ /plea /6?ueez a'ni� / S:K4e //'e - why,%s/ Oa /64o / / S/ 4e- �,/71 /99//9.2 rrc-rr pmt — yf/ Jd/9 %5 Jza/ a "/osafe /Inn G/,' // c-'-- 44_25 7 ii9e7z7, ? /4k2 ..Sanyo /47 re-/ n/I iJ0 a7c ierf%a54e7amte d4bfeeltsrez y'U 1 �-�_-w (� 411 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 1A AVENUE GREELEY,COLORARADO 80631 NU ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION AND NURSING(970)3046420 FAX(970)304-6416 ENVIRONMENTAL HEALTH SERVICES(970)3046415 FAX(970)304-6411 • COLORADO July 12,2000 John Mahoney Mahoney Environmental Consulting,Inc. 1601 10th Avenue Greeley,CO 80631 Subject: Roggen Disposal-Sampling and Analysis Plan,Closure Plan,Financial Assurance Dear Mr.Mahoney: As you are aware, on Tuesday, June 20, 2000, you, Roger Doak of the Colorado Department of Public Health and Environment,Trevor Jiricek,and I met at Roggen to discuss closure of the Roggen Disposal facility. As discussed in our meeting the submitted sampling and analysis plan(SAP) does not constitute a closure plan. Also as discussed, financial assurance must be funded and a revised time schedule is needed for closure at Roggen Disposal. We have reviewed the SAP. In addition to the comments submitted by Roger Doak in his June 22,2000,letter,we have the following comment: Four(4)samples from each side of the concrete receiving pad must be obtained and composited into one. The sample will be taken from 0 to 12 inches. If contamination exists below 12 inches,then a 12 to 24 inch composite sample will be taken. In summary please submit the following: • A closure plan that includes removal of all existing structures,e.g.receiving area,piping,underground tanks,etc. • A revised SAP that incorporates the above comments as well as Mr.Doak's. • Provide evidence that financial assurance requirements have been addressed. • A revised schedule and time line events of sampling and closure activities. These will be reviewed and considered by Weld County Department of Environmental Health and Colorado Department of Public Health and Environment for approval. Please submit the above within ten(10)days. If you have any questions regarding this letter,please contact me at(970)304- 6415,extension 2220. Sindlwlh Cindi Etcheverry Environmental Specialist Environmental Health Services MAEtch\Waste\Roggen Disposal\Closure meeting ltr 071000.wpd • cc: Mike Cervi,Roggen Disposal Roger Doak,Colorado Department of Public Health and Environment Lee Morrison,Weld County Attorneys Office Trevor Jiricek,Director,Weld County Environmental Health Services Hello