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Home My WebLink About20021899.tiff r STATE OF COLORADO COLORADO DEPARTMENT OF HEALTI; n` Dedicated to protecting and improving the health and 5 r'+ environment of the people of Colorar 18,`n "'�8 • 4300 Cherry Creek Dr.S. Laboratory Ilu;Win6 ` �� Denver.Colorado 00222.1530 4210 E.I IthAvenue \ ,��'-/� Phone(303)692.2000 Derner.Colorado 60220-3716 �1l Sr.? !3C) (303)691-1200Nur •• Cow Nosier y Q/ Caesar Certified Mail I P 81.00 91...s- i i hrctA Pk ta�MU,MPII Wain Ow eclat RETURN RECEIPT REQUESTED Mr. Howard Duckworth Weld County Waste Disposal, Inc. 12018 Warfield O 1 San Antonio, TX 78216 OCT 0 5 1993 11 NOTICE OF VIOLATION and Weld County Planning REQUEST FOR INFORMATION Dear Mr. Duckworth: On September 29, 1992 the Colorado Department of Health, Hazardous Materials and Waste Management Division (the "Department") sent Weld County Waste Disposal, Inc. ("WCWD") a Request for Information pursuant to the Department's authority under Section 3007 of the Resource Conservation and Recovery Act and the Colorado Hazardous Waste Act 25-15-301, C.R.S. WCWD responded to that request in an October 19, 1992 submittal and a January 7, 1992 submittal to the Department. Based on the Department's review of submitted information, as well as additional files and records, the Department has made the following observations. 1. In a March 11, 1991 letter to the Weld County Health Department, Jan Godby, Environmental Compliance Manager for' WCWD requested approval from the Weld County Health Department to accept, for disposal at WCWD, 25, 000 gallons of "waste . . . from washing out underground storage tanks that were contaminated with diesel fuel" from Mesa Oil Company. A February 21, 1991 analysis report submitted with the letter indicated that the wastewater contained 1. 0 mg/1 benzene. On March 12, 1991 Weld County Health Department approved WCWD 's request for disposal of the waste at WCWD, on the condition that the material was not hazardous waste. Records reviewed by the Department related to the acceptance and disposal of the Mesa Oil waste referenced in WCWD's March 11, 1991 letter show that between March 20 - 23, 1991 WCWD accepted and disposed of five loads, totaling 24 ,900 g:lllons of wastewater from Mesa Oil. j. EXHIBIT 2002-1899 •• Page Two Weld County Waste Di::; osal . Inc. Notice of violation and Request for Information 2. In a June 6, 1991 letter to the Weld County Health Department, Ms. Godby of WCWD requested approval to accept, for disposal • at WCWD. 438, 000 gallons of "water contaminated with diesel fuel, and some leaded and unleaded gasoline" from Approved Oil Service in Commerce City. A May 29, 1991 analysis report submitted with the letter showed that the wastewater contained 1. 2 mg/1 benzene. In a letter to Ms. Godby, Mr. Matt Penn of • Approved Oil Service, Inc. , stated that the water was from Approved Oil Service Inc. 's facility. On June 10, 1991 Weld County Health Department approved the request for disposal of the waste at WCWD, on the condition that the material was not hazardous waste. Records reviewed by the Department related to the acceptance and disposal of the contaminated water referenced in WCWD 's June 6, 1991 letter show that between June 15 1991 - February 3 , 1992 WCWD accepted and disposed of 56 loads, totaling over 370, 000 gallons of wastewater from Approved Oil Service, Inc. 3 . On December 2, 1991 Ms. Godby of WCWD requested approval from the Weld County Health Department to accept, for disposal at WCWD, 1, 500 gallons of "waste water" from "Tanks J and K" at Lowry Air Force Base. The J and K tanks "contained approximately 1500 gallons of water with a thin film of hydrocarbons present. " An October 21, 1991 analysis report submitted with the letter showed that the wastewater contained 0.7 mg/1 benzene. On December 4, 1991 the Weld County Health Department approved the request for disposal, on the condition that the material was not hazardous waste. Corresponding documentation by Lowry Air Fierce Base indicates that the water from Tanks J and K wa: dispc :ed at WCWD. Records related to the acceptance and disposal of the contaminated water referenced in WCWD's December 2, 1991 letter show that on December 5, 1991 WCWD accepted and disposed of 1650 gallons of w .stewater transported by Approved Oil Service, Inc. 4 . In a March 2, 1992 letter to the Weld County Health Department, Ms. Godby of WCWD requested approval to accept, for disposal at WCWD, 50,000 gallons of "gasoline, diesel fuel contaminated water from Approved Oil Services" in Commerce City, Colorado. A February 25, 1992 analysis report submitted with the letter showed that the wastewater contained 19 mg/1 benzene. On March 4 , 1992, the Weld County Health Department approved the request for disposal of the wastewater at WCWD, on the condition that the material was not hazardous waste. Page Three Weld County Wat:te Disposal, Inc. Notice of Violation and Request for Information Records reviewed by the Department related to the acceptance and disposal of the contaminated water referenced in WCWD's March 2, 1992 letter show that between March 6 - April 13 , 1992, WCWD accepted and disposed of 52, 650 gallons of wastewater from Approved Oil Service, Inc. WCWD's January 7, 1993 submittal to the Department states: After • receiving verbal approval or denial from the WCHD I would call the trucking company and let them know. (If approved) (sic) They then shipped the corresponding water into WCWD. " In addition, in an October 28, 1992 letter to the Department, Approved Oil Service stated: "Approved Oil Service hauled all the waste water from our facility to Weld County Disposal during the time period in question" [September 1991 to September 1992] . During an August 27, 1993 meeting including yourself and members of the Division's Solid Waste Section, laboratory data for samples taken from WCWD's Pond C were provided. These laboratory results indicate that the liquid in Pond C contains 610 ug/l .benzene. Pursuant to 6 CCR 1007-3, Section 261.31, wastes containing greater than 0.5 mg/1 benzene are considered hazardous wastes, and must be managed and disposed in accordance with the Colorado Hazardous Waste Act, 25-15-301 et seg. and its implementing regulations at 6 CCR 1007-3 . According to Section 25-15-308 (1) (b) , C.R.S. , "no person shall dispose of on-site, treat, or store any hazardous waste without having therefore either state or federal interim status, a federal permit or' a permit grrnteci by the Department. " 6 CCR 1007-3, Part 100 and Section 265. 10 requires facilities that treat, store, and/or dispose of hazardous waste to have either interim status or a permit. WCWD has naver sought nor obtained interim status or a permit for the treatment, storage and/or disposal of hazardous waste. WCWD 's on-site treatment and storage of wastes containing greater than 0.5 mg/1 benzene (hazardous waste I D018) constitute violations of Section 25-15-308 (1) (b) , C.R. S. and 6 CCR 1007-3 , •Part 100 and Section 265. 10. In addition, an inspection of WCWD •aas zonducted by the Department on June 23 , 1993 . Curing the inspection, inspectors determined that WCWD had removad waste from the settling tanks and thy. inactive evaporation pond ("Pond A") and had spread these waste: onto the ground. The inspectors observed that the wastes spread or. the ground were clearly visible on the property adjacent to WCWD ' s property. WCWD must make a hazardous waste determination for all wastes it generates. Since WCWD has accepted hazardous wastes at its facility, it is possible that the w<?stes disposed on the ground are hazardous wastes. The spreading of hazardous waste on the ground in this manner is strictly Prohibited pursuant to Section Page Four Weld County Waste Disposal, Inc. Notice of Violation and Request for Information 25-15-308 (1) (a) , C.R.S. The Department is continuing its investigation of these matters and is reviewing additional information. When the Department completes its investigation and makes a final determination as to these violations, the Department intends to pursue its enforcement options in accordance with the Colorado Hazardous Waste Act. These options include the issuance of a compliance order to WCWD. Because WCWD does not have interim status or a Part 8 permit for the treatment, storage, or disposal of hazardous waste, WCWD is prohibited from accepting, treating, storing and/or disposing of hazardous waste at its facility. WCWD should immediately adopt systematic waste acceptance practices which ensure that WCWD no longer accepts hazardous waste. The Department is willing to meet with you after your receipt of this Notice of Violation and to discuss the Notice of Violation and receive any evidence or arguments Weld County Waste Disposal, Inc. may have concerning the existence or gravity of the stated violations of the Act and Regulations. You may request a meeting by contacting the Department within twenty calendar days of your receipt of this Notice of Violation. Although a meeting with the Department regarding this Notice of Violation will be informal, you may bring counsel with you if you so desire. Please be aware that in order to maintain a record of factual matters discussed, it is the Department's pol :.cy that an audio recording of this meeting will be made by the Department. If requested, copies of the audio record will be made available to you. Additionally, in accordance with the Department ' :, policy, discussions related to settlement will not be recorded. I urge you to take advantage of the opportunity to meet with the Department and discuss this matter. Request for Information Pursuant to Section 3007 of the Resource Conservation and Recc ✓ery Act and Sectinn 25-15-301, C.R.S. As part of the Department's ongoing review of these matters, the Department hai determined that additional information is necessary to further evaluate WCWD's compliance with the Colorado Hazardous Waste Act and its implementing regulations at 6 CCR 1007-3 . Therefore, pursuant to the Department's authority under Section 3007 of the Resource Conservation and Recovery Act (RCRA) and Section 25-15-301, C.R.S. of the Colorado Hazardous Waste Act, the Department hereby requests the following information be submitted to Frederick R. Dowsett at the above address no later than 5: 00 p.m. , Friday, October 8, 1993. Unless otherwise noted, documents requested include all records and information covering the time period from January 1, 1990 to the date this Request for Information is received by your facility: Page Five Weld Count.: Wa.;te D:spc.:al, Inc. Notice of Violation and Request for Information A. A written description of records maintained by WCWD related to waste acceptance procedures, waste analysis procedures, waste profiles, waste analyses, and laboratory data, operation of the waste surface impoundment, waste disposal records and operating logs. B. Copies of all contracts, and any associated documents and/or agreements, related to disposal of wastes from Approved Oil Service, Inc. , Lowry Air Force Base, PDQ Food Stores, Flint Engineering and Mesa Oil. C. Copies of all documents related to the waste shipments from Approved Oil Service, Inc. , Lowry Air Force Base, and Mesa Oil described in paragraphs 1-4 of this Notice of Violation. Also, copies of all documents related to waste shipments from Flint Engineering and PDQ Food Stores since January 1, 1991. Document copies should include, but are not limited to, the following: I. Laboratory-data and records of waste analysis submitted to WCWD; II. Laboratory data and records of waste analyses conducted by WCWD; III. Correspondence to, and/or correspondence from WCWD related to the above reference waste shipments; • IV. Copies of re ;ords, logs, or records showing acceptance, including dates of acceptance, of the above referenced waste shipments; V. Copies of records and logs showing on-site manrgement, s:orage and/or disposal, including relevant dates, of the above referenced waste shipment.;; VI. Copies e: bill and receipts related to the acceptance and/or disposal of the above referenced waste shipments; VII. Copies of all shipping and transporting documents related to the above referenced waste shipments. Pare S:.x We:.d Ccunty Waste Di •post t, Inc. Notice of Violation i.nd r. .Iquest for Information D. A written descr`ption of WCWD's preacceptance procedures for determining what wastes will be accepted for disposal at WC:•ID. • E. A written description of WCWD's procedures and policies related to the lcceptance and disposal of wastes at the WCWD facility. F. Copies of WCWD 's standard operating procedures and policies related to the preacceptance, acceptance and disposal of wastes at the WCWD facility. G. Copies of records related to any training given to WCWD employees related to hazardous wastes, including the identification and management of hazardous wastes. H. Copies of operating logs and/or records showing acceptance and disposal of wastes at WCWD for the period of January 1, 1991 thrcugh the present. I. Copies of all analytica:. results for ground water related to the WCWD site. Include only analyses which include data for volatile organic compounds and heavy metals. J. Copies of all analytical results for the contents of all tanks, ponds, pits, and/or lagoons at WCWD. Include only analyses which include data for volatile organic compounds and heavy metals. K. Copies of all analytical results related to any wastes or other materials removed from all of WCWD's tanks, ponds, pits and/or lagoons. Include only analyses which include. data f :.r volatile organic compounds and heavy metals. L. Copies of all analytical results related to any materials from any of WCWD's tanks, ponds, pits and/or lagoons • which were spread on the ground and/or used for road building around the WCWD site. Include data for all parameters. Unless otherwise specified, records and documents requested by the Department in this letter include all records and documents created and/or maintained by W^WD, its employees, consultants, contractors and agents and any records written, recorded, or stored, including computerized stor-tge, and includes, but is not limited to, writings of any kind, forial cr informal, whether wholly or partially in handwriting. �Page :,even , SEA 3 'Rill Weld County W ste Disrosal Inc. t 4. t , Notice of Violation and Request for Information The information requested in this letter must be provided • notwithstanding its possible characterization as confidential business information or trade secret. All information submitted pursuant to this request for information • will be subject to public disclosure to the extent provided by the • Colorado Open Records Act and its implementing regulations at 6 CCR 1007-3 , Part 2 . However, you may request, in accordance with and subject to the limitations of 6 CCR 1007-3, Part 2, treatment of certain information as Confidential Business Information (CBI) . CBI requests must follow the 6 f ,R 1007-3 .Part 2 procedures and must be made at the time of submission or such information will not be protected as CBI by the Department. Information covered by a confident ality claim will be disclosed by the Department only to the extent and by means of the procedures set forth in 6 CCR 1007-3,Part 2. • Should you have any questions or wi.sh to submit information to the Department regarding this matter, please contact Lillian Gonzalez at (303) 692-3344 or Scott Klarich at (303) 692-3369. You or your legal counsel may contact Timothy Monahan of the Colorado Attorney General 's Office at (303) 866-5110 with any questions of a legal nature. I urge you to give thin matter your immediate attention. Sincerely, Frederick R. Dowsett, Section Chief Monitoring and Enforcement Section Hazardous Materials and Waste Management Division pc: Timothy Monahan, AGO Thomas Burns, USEPA Ayn Schmidt, EPA Jane Godby; Northern Colorado Consulting Firm Trevor Jiricek, Weld County Health Department Glenn Mallory & Steve Laudeman, CDH, Solid Waste Section r C-'nrado Department of He^"i Hazardo: !.s ..t `erials and Vesta Mana ement Division 4300 Cherry Crer'( Drive South, Mail Cod, : HtlIWM1-HV/C-82, Denver, CO 8C222 (':03) 692 3303 Notice of ;nspection. Facility Name EPA I.D. p • Date II 1Street rr i.Ca.t.. •�I _ 1-..774- .1-_t..:J.,;t." .' -Lite' . tenri Yt3 Lf' 1 9-79 -2. ii L.; b) s °7�1 c) L. l ,_ti N.t ,_;- .'t I`�i>.• 1 2L- Telephone Seq. # Cat) • County _ �o-y u -`1 - Un 7 Zip. Inspection Arranged Prior to'Inspection Hour In: --Ck+ C c•_ •/•%L-- L;'C Y-- 1'36: 2-/ NA—1-i-(es{4-Na-_ Facility Representatives and Titles Entnr Ely: flCvnse ,x, Hour Out: ni/A nn Agen 14•r 1.+,& ,? -- 1, 4 tLtc,1-1Z_r C-L'-.L_ .,\ ) State ( ) EPA ( ) Oversight ( ) Joint ACTIVITY TYPE(S):if Status Changed,Request COMMENTS: Notification Revision • Generator • rr nn t Small Quantity Generator. ( ) / Cond. Exempt Generator ( ) Transporter �¶ - -- li y �(� � k +L~- ( ) / C1-.>„f2cvt-ER-s"-'2*7 c-,1,1-- 7-9, I I ti Z Pc .t47.-:r .-, Non-Land Disposal TSDF Land Disposal TSDF ( ) .6c-1. .1� �_r �~�� Non-Nctifier / Other ( ) • Samples. Docur Plans, and /or Photos Collected 11 :ten5. -N. 16 \ \ 7. 2. \` J. \� 8. .\ . 4. �9. Samples requested and received by facility: ( ) Yer. ( ) No If Yes: ( ) Dupl'cate ( ) Split The facts established by this inspection will be reviewed by State personnel. A final determination of your facility's comoliance with State Reoulattons will be made as a result of this review. The review m y reveal additional violations. t Re t of this Notice of Inspection Form is Acknowledged Lead Inspector:�— 7 Assisting Inspector(s): • Al ;II.' Signature of Facility Representative 1 C'' -redo Department of He_Jan Hazardous ivtaterials end Waste Mana trnent Division 4300 Cherry Creek Drive South, Mail Code. HMWMD-HWC-82, Denver, CO 80212 i— (303) 692- :300 Notir 3 of I.ispeaion Facility Name EPA 1.0. # Date 123 2:e et CC.L _C V. LC c—kt_ lat f-ec CtCt P 9 ci' O.-e 9 `P)f <K1_31:)..5 Street n -, r Tqe hone_ k '7701 c1 I.,4,i<1 L1/0 Cc ., E•.u:- 3S l !'S) G � I....6.0s1. Seq. # City County Z' : Insp tion Arranged Prior to Inspection Hour In: — t t` r! _ .- T�•_ I iN 0 Al0.9.12._] Iv '(1-test 1 No Facility Represe tives and Titles Enter 8y: Hour Out: Nl t ( rrent ----- , l (� -� Agency: / 4 rtat'0 ss.Q d l*--c. L(,a- f•-• r Q�k_M t^ �Q State ( ) EPA ( ) Oversight ( ) Join) ACTIVITY TYPE(S):If Status Changed,Request COMMENTS: Notification • ion Generator \lar4Lt Sect•""..%. A- 1-�. %Gcfty-CIL J Small Quantity Generator ( ) J L , t E Cond. Exempt Generator ( ) Transporter ( ) Non-Land Disposal TSDF Land Disposal TSOF ( ) Non-Notifier kl - • Other ( ) Samples. Documents. Plans, and /or Photos Collected 5. .. 1. 6 \ P. N. 8. •\ 4. • 9. Samples requested and received by facility: ( ) Yes ( ) No If Yes: ( ) Duplicate ( ) Split The facts established by this Inspection will be reviewed by State personnel. A final determination of your facility's compliance with State Reputations will be made as a result of this review. The review may reveal additional violations. P at of this Notice of Inspection Form is Acknowledged Lead Inspec of `fit_,r2 3.,(;', Assisting Inspector(s): ^/ . { J Signature of Frcility Representative „Nr VV .Y al'Ls. .'.. , r.� • r CSC=MAR.NO.P 3927S2Si1 RETURN MEW RBQUESTW c- �” COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENTav- -s- a POLLUTION CONTROL DIVISION 41 4 , - STATIONARY SOURCES PROGRAM • BEFORE THE AIR POLLUTION CONTROL DIVISION COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT • STATE OF COLORADO NOTICE OF VIOLATION • Issued to: WELD COUNTY DISPOSAL This Notice of Violation is being issued by the Colorado Department of Public Health and Environment through the Air Pollution Control Division ('Division") to Weld County Disposal pursuant to the Division's authority under section 25-7-115(2), C.R.S., as amended. I. ALLEGED FINDINGS OF FACT .1. This Notice of Violation is a follow-up to the July 18, 1994 investigation of odors from the evaporation ponds of Weld County Disposal located on Weld County Road 12, in Weld County, Colorado conducted by Laurie Exby, a duly delegated representative of the Colorado Department of Public Health and Environment, Air Pollution Coned Division. 2. During the inspection on July 18, 1994 it was determined by using the Barnebey-Sutcliff scentometer that odor emissions from Weld County Disposal evaporation ponds were in excess of the limits allowed by the Colorado Air Quali onto! Commission's Regulation No. 2. A copy of the attached report was left wi • . Gary Kenn-. ♦caretaker of the facility, and was acknowledged by Ms. Jane Godby by telephone e o •wing morning. Odor intensity between wriU r" ;'1 EXHIBIT Page 1 L I*JV FJG 'yJ 11•k!.HM y�r P.3 • NOTICE OF VIOLATION ISSUED TO WELD COUNTY DISPOSAL 5:40p.m. and 6:27 p.m. on July 18, 1994 was detected at ratios of 31:1 and 170:1 clean air to odorous air. Regulation 2, Section A.2. limits odor emissions to 15:1 dilutions to threshold for areas used predominantly for other than residential or commercial purposes. IL PROVISION OF LAW ALLEGED TO HAVE BEEN VIOLATED Colorado Air Quality Control Commission's Regulation No.2,adopted pursuant to section 25-7- 109(2)(d) of the Colorado Air Pollution Prevention and Control Act of 1992. The regulation provides the following: A. No person, wherever located, shall muse or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits; 2. In all other land use areas, it a violation if odors are detected after the odorous air has been diluted with fi leen(15) or more volumes of odor free air. M. STANDARD PENALTY PROVISION FOB THE VIOLATION AS ALLEGED 1. Section 25-7-122(1)(b), C.R.S., as amended, states that there shall be no civil penalty assessed or collected against persons who violate emission regulations promulgated by the Air Quality Control Commission for the control of odor until a compliance order requiring compliance with the odor regulation has been issued and is subsequently violated IV. CONFERENCE REGARDING TBE ALLEGED VIOLATION 1. In accordance with requirements of section 25-7-115(3), C.R.S.,a conference regarding the violations described above has been scheduled for August 30, 1994, at the Air Pollution Control Division Office, located at the Colorado Department of Public Health and Environment, Building B, First Floor(southwest corner entrance), 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530 at 10:00 a.m.. This conference will provide Weld County Disposal an opportunity to submit data, views, and arguments concerning the above violation, and whether assessment of a civil penalty and non-compliance penalty is required. The Division may provide further opportunity for Weld County Disposal to respond after the conference, if circumstances warrant. 2. As a result of the conference, a determination will be made as to whether a Compliance Ott will be issued and whether a civil penalty and noncompliance penalty must be assessed. If you have any questions concerning the conference or other matters prior to the scheduled conference, please contact this office at (303) 692-3174 for rescheduling. Page 2 I IQ tc. :1. I1•V:Ha t ..)or P. •• .. .-' NOTICE OF VIOLATION ISSUED TO WELD COUNTY DISPOSAL 3. The conference is an informal proceeding. You may, however, have legal counsel attend with you. V. ADDITIONAL ACTION BY THE DIVISION Failure to attend the conference will result in the issuance of a Compliance Order and possible assessment of penalties against Weld County Disposal. Subsequent violation of the compliance order may subject Weld County Disposal to further enforcement action under section 25-7- 121,C,R.S. (court injunction), and section 25-7-122, C.R.S. (civil penalties up to $15,000.00 pa day of violation). • VI. EFFECTIVE DATE OF NOTICE This Notice of Violation shall become effective upon receipt. Dated this 16th of August, 1994. COLO 0 DEPARTMENT/ OF PUBLIC HEALTH AND ENVIRONMENT Douglas Luepke- Chief, Compliance Monitoring and Enforcement Stadonmy Sourcee Program Air Pollution Control DivWon 4:,/. 111 fijitr-dr . • ca Harry Collier, A.P.C.D., Colorado Depattasect of Public Health • Cindy Reynolds, EPA Region VIII Cary Newell, A.P.C.D. Colorado Department of Public Health Martha Rudolph, Colorado Attorney General's Office Air Quality Control Commission John S. Pickle.Weld County Health Department Jeffery L Stoll.Weld County Health Department Las Morrision,Weld County Attorney's Office ��. -.r.. rila • • like..r..Y mow Coal Page 3 •t • a • NOTICE OF VIOLATION ISSUED TO WELD COUNTY DISPOSAL t , a T • COLORADO DEPARmIERr OP POELIC IIntm AND 1aiVlitOzonarr a POLLUTION CONTROL DIVISION * ` STATIONARY SOURCES PROGRAM CERTIFICATE OF MAILING This is to certify that a signed copy of the NOTIFICATION OF VIOLATION ISSUED TO WELD COUNTY DISPOSAL,LAMER COUNTY, COLORADO, was deposited in the mail on August l to ,1994, to the following: 1. UNITED STATES POSTAL SERVICE, CERTIFIED MAIL NO. P392782581 Mr. Howard Duckworth Weld County Disposal 12018 Warfield San Antonio, Texas 78216 2. UNITED STATES POSTAL SERVICE, FIRST CLASS MAIL Mr. Howard Duckworth Weld County Disposal . 12018 Warfield San Antonio, Texas 78216 BY: s C'. • Elan Evans, Administrative Assistant Air Pollution Control Division • Page 4 FEB 28 '95 11:37RM SSP P 2 • i CERTIFIED MAIL NO.7719471671 RETURN RECENT REQUESTED •C" ti _. .• a h * COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Tae✓• AIR POLLUTION CONTROL DIVISION is 4 STATIONARY SOURCES PROGRAM BEFORE THE MR POLLUTION CONTROL DIVISION COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STATE OF COLORADO COMPLIANCE ORDER AND ASSESSMENT OF CIVIL PENALTY In the matter of: WELD COUNTY DISPOSAL This Compliance Order is being issued by the Colorado Department of Public Health and Environment through the Air Pollution Control Division ("Division"), to Weld County Disposal pursuant to the Division's authority under section 25-7-115(3)(b), C.R.S., as amended. I. FINDINGS OF FACT 1. On July 18, 1994, Laurie Exby with Weld County Health Department, a duly delegated representative of the Colorado Department of Public Health and Environment, Air Pollution Control Division investigated complaints of odors from the evaporation ponds at Weld County Disposal located on Weld County Road 12, in Weld County, Colorado. 2. Two odor measurements were made outside the property line of Weld County Disposal, within a period of one hour and separated by at least 15 minutes. r ( Page 1 ii EXHIBIT r. 3 COMPLIANCE ORDER IN THE MATTER OF WELD COUNTY DISPOSAL 3. During the July 18, 1994 investigation, Ms. Exby used the Barnebey-Sutcliff scentometer and measured odor intensity at 5:40 p.m. and 6:27 p.m. at ratios of 31:1 and 170:1 clean air to odorous air. Notification of the odor evaluation was hand delivered to Mike Phillips with Weld County Disposal. This odor intensity is a violation of the Air Quality Control Commission Regulation No.2, Section A.2. which limits odor emissions to 15:1 dilutions to threshold. 4. On August 16, 1994, a Notice of Violation was sent to Weld County Disposal for the alleged violation of the Colorado Air Quality Control Commission Regulation No.2, and Section 25-7-109(2)(d) C.R.S. for allowing emission of odorous air contaminants in excess of the allowable limits. A conference was scheduled for August 30, 1994. 5. On August 30, 1994, in accordance with the requirements of the Colorado Air Pollution Prevention and Control Act, Section 25-7-115(3)(a), C.R.S., a Notice of Violation conference was held at the Division in order to give Weld County Disposal the opportunity to submit data, views and arguments concerning the Notice of Violation. 6. Present at the conference were: Hugh Davidson and Louis McBride of the Division, Richard Judd - Attorney, and Mitzi Wieduwilt - Geologist, representatives for Weld County Disposal, and Laurie Exby of Weld County Health, by speaker phone. 7. The representatives from Weld County Disposal would not stipulate to any violations. They stated that the odors were due to the extended period of high summer temperatures and the shallow water levels in the ponds. Also, proper separation of the oil from the fluids was not taking place due to the dump pit being filled with sand. IL CONCLUSION OF LAW 1. The Division has determined that Weld County Disposal operated this facility in violation of the Air Quality Control Commissions Regulation No.2, Section A.2 as cited in the Notice of Violation dated August 16, 1994. Page 2 FEB 28 '95 11:37HM SSF' P.4 '". COMPLIANCE ORDER IN THE MATTER OF WELD COUNTY DISPOSAL M. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, and pursuant to sections 25-7-115(3)(b),and (c), C.R.S., as amended, Weld County Disposal is hereby ordered to comply with the following requirements. 1. Effective immediately, Weld County Disposal shall comply with the odor standard of 15:1 D/T as required by Colorado Air Quality Control Commission Regulation No.2, Section A.2. 2. This Compliance Order shall constitute a final order of the Division. IV. CIVIL PENALTIES 1. Section 25-7-122 (1)(b), C.R.S., as amended, states that there shall be no civil penalty assessed or collected against persons who violate emission regulations promulgated by the Air Quality Control Commission for the control of odor until a compliance order requiring compliance with the odor regulation has been issued and is subsequently violated. V. OPPORTUNITY TO APPEAL Pursuant to section 25-7-115(4)(a), C.R.S., as amended, Weld County Disposal has the right to file a written petition with the Air Quality Control Commission within twenty (20) days of receipt of this Compliance Order, requesting a hearing to determine any one or all of the following items. 1. Whether the alleged violation or noncompliance exists or did exist. 2. Whether a revision of the State Implementation Plan or revision of a regulation or standard which is not part of the State Implementation Plan should be implemented with respect to such violations or noncompliance. 3. Whether the owner or operator is subject to civil or noncompliance penalties under section 25-7-115(5), C.R.S., as amended. Page 3 FEB 28 '95 11:38AM SSP P.5 COMPLIANCE ORDER IN THE MATTER OF WELD COUNTY DISPOSAL The Air Quality Control Commission's Procedural Rules,at section V.G.1.a., mandates that all petitions for review of this order shall contain the following items. 1. Identification of a person requesting such hearing, address and telephone number. 2. A statement of the relief requested and a general statement of the factual basis and legal justification for the requested action. 3. A statement describing the person's interest in the matter. 4. An estimate of the time required for the hearing. All hearing requests must be addressed to Chairman, Air Quality Control Commission, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530, with one copy sent to Ms. Martha Rudolph, Esq., Attorney General's Office, State of Colorado, Natural Resources Section, 1525 Sherman Street, 5th Floor, Denver, Colorado 80203, and one copy to Legal Administrator, Air Pollution Control Division, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Mail Code APCD-SS-B1, Denver, Colorado 80222-1530. All persons requesting an adjudicatory hearing before the Commission must be represented by an attorney before the Commission unless they are representing themselves pro se, or unless they are appearing in accordance with section 13-1-127, C.R.S. (regarding closely held corporations). VI. NOTICE OF POTENTIAL LIABILITY FOR ADDITIONAL CIVIL PENALTIES AND INJUNCTIVE RELIEF Section 25-7-121,C.R.S.,as amended, states that in the event any person fails to comply with a final order of the Division, or the Commission, that is not subject to stay pending administrative or judicial review, or in the event any person fails to comply with any term or condition contained in any permit required under Title 25, Article 7, C.R.S., as amended, the Division may request the Attorney General to bring suit for injunctive relief. Section 25-7- 115(3)(b), C.R.S., as amended, authorizes the Division to assess penalties for failure to comply with a final order of the Division in accordance with section 25-7-122, C.R.S., as amended, in an amount up to $15,000.00 per day of violation per violation. Page 4 r Lo co 'Z' 11• »rrrI D'‘.1" P. COMPLIANCE ORDER IN THE MATTER OP WELD COUNTY DISPOSAL VII, EFFECTIVE DATE OF ORDER This Compliance Order shall become effective upon receipt. Dated this.23caof February, 1995. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT hireZ /(el -eid* Thomas D. Getz David R. Ouimette Director Manager, Stationary Sources Program Air Pollution ti%Control, Division Air Pollution Control Division d cc: Colorado Air Quality Control Commission Martha Rudolph, Colorado Attorney General's Office Cindy Reynolds,EPA Region VIII Douglas A. Lempke, APCD Guy E. Newell, APCD Weld County Health Department Louis McBride, A.P.C.D. • landanwaread • • r. Page 5 te .1 DEPARTMENT OF HEALTH 1517 . 16 AVENUE COURT GREELEY, COLORADO 80631 ADMINISTRATION (303) 353-0586 O HEALTH PROTECTION (303) 353-0635 • COMMUNITY HEALTH (303) 353-0639 COLORADO July 27, 1993 Certified Letter No. : P 186 978 550 Howard Duckworth Weld County Waste Disposal 12018 Warfield San Antonio, Texas 78216 Dear Mr. Duckworth: On June 28, 1993, a representative of the Environmental Protection Division (the Division) of the Weld County Health Department inspected Weld County Waste Disposal, located at Weld County Road 35, Fort Lupton, in Weld County, Colorado. The purpose of the inspection was to inspect and assess the facilities compliance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. , as amended, and the Development Standards as set forth in SUP-454:80:44. On the date of June 28, 1993, field inspection, and subsequent records review the following observations were made: 1) Evidence of potential for (serious) groundwater pollution. Submitted laboratory analysis indicates that this facility is impacting ground water. This data is currently being reviewed by our Division and the Colorado Department of Health to determine further action. L� ..... .......:.iia....c kit,i nvr....ru fill, 1. currently being investigated for accepting hazardous waste. Disposal of hazardous waste at this facility would not be permitted under any approved design and operation plan. 3) Non-compliance with approved design and operation. The facility has removed waste which has been accepted for disposal and disposed of it on property not associated with the facility. 4) The facility intends to remove potentially contaminated soils from Pond A without adequately characterizing to determine the proper mode for disposal. EXHIBIT [' xJ •- r Howard Duckworth �. Weld County Waste Disposal Certified Letter No. : P 186 978 550 July 27, 1993 Page 2 5) Evidence of minor spills around the disposal area. Observation of the facility revealed that stained and potentially contaminated soils exist extensively across the site, particularly around the disposal area and east of the tank battery. 6) Pond freeboard level exceeded. Visual observation of freeboard levels indicate that freeboard has been exceeded on both ponds at the facility. 7) The facility has accepted unapproved waste without the written approval of the Weld County Health Department. Items #1 and #2 referenced above are currently under review, you will be notified of any determination and necessary requirements in the near future. This facility has removed skimmed oil materials and possibly sludges from the ponds and associated equipment and disposed of these wastes on property located to the south of the facility owned by James Martin and his family. This method of disposal is illegal and must cease immediately as provided in the Solid Wastes Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, as amended. The facility intends to remove potentially contaminated soils from Pond A in order to prepare the pond for eventual use. You have been notified of this issue in Certified letter P 186 978 548, dated July 22, 1993. Visual observation of the facility revealed that stained and potentially contaminated soils exist across the site, particularly near the disposal area and the area east of the tank battery. The facility must remediate these soils and shall provide documentation to this Division as to the proposed method of remediation. Further, the facility must determine which activity(s) are responsible for these contaminated soils and make necessary procedural modifications to insure no further soil contamination. These modifications must also be provided to the Division for review. Visual observation of freeboard levels on both ponds indicate that these levels have been exceeded. A review of records on file at this Division has revealed that an accurate depth gauge may not exist on the facility. The facility must rrenide adequate documentation to the D•_vi^ion which .indicztes the e7curacy of the depth gauges on site. According to information (attached) provided to the Division by the Colorado Department of Health the facility has accepted waste without written approval from the Division. Accepting waste without prior written approval is a violation of Development Standard #1, SUP-454:80:44 and the Solid Waste Disposal Sites and Facilities Act, as amended. If the facility has adequate documentation on file which indicate the approval for the disposal of these materials, please provide the Division with copies of all pertinent documents. a Howard Duckworth Weld County Waste Disposal Certified Letter No. : P 186 978 550 July 27, 1993 Page 3 The facility must address the above issues in a comprehensive document within (10) days of receipt of this letter. If you have any further questions, please contact me at (303) 353-0635. Sincerely, tit—W15\3 ttclili Trevor Jir ek J n S. Pickle, M.S.E.H. Solid and Hazardous Waste Specialist irector Environmental Protection Services /tj-1412 cc: Roger Doak, Colorado Department of Health Keith Schuett, Weld County Department of Planning Jane Godby, Northern Colorado Consulting Firm Lee Morrison, Weld County Assistant Attorney r = -�- r "/.� : STATE OF COLORAD&' COLORADO DEPARTMENT OF HEALTH orco doie Ded to protecting and improving the health and .e Or owl-Moment of the people of Colorado • �� *es 4300 eny Creek Or.5. Laboratory Building ü _I�.. • Dawn,Coiondo 80222-1530 1210E 11th Avenue Inc Pfiam 0 031 692-2000 Denver,Colorado 80220.3716 J)1131 0031691700 JUL 1 2 1993 Roy Ramer July"6, 1993 Prat A.Nolan,MO,MPH WELD LEI. hcnt_t Exanive0aemor Mr. James Martin 5019 Weld County Road 35 • Fort Lupton, CO 80621 RE: DISPOSAL OF OIL WASTE UNDER AGREEMENT WITH WELD COUNTY WASTE DISPOSAL Dear Mr. Martin: The Hazardous Materials and Waste Management Division of the Colorado Department of Health (the Division) has received information from the Weld County Department of Health concerning the disposal of oil wastes on your property on or about June 7, 1993. Pending laboratory analyses of the material disposed of, the Division will view this incident as an illegal disposal of solid waste,pursuant to the Solid Wastes Disposal Site and Facilities Act, Title 30, Article 20, Part 1, specifically, paragraphs 113 and 114 which provide for civil and criminal penalties for those who illegally dispose of solid waste. The Division requests that you submit a plan for remediation of the illegal disposal that took place on your property. Specific information that should be provided includes the areal extent of waste placement, the approximate volume of waste and/or waste contaminated soils, and the proposed remediation method (i.e., excavation and disposal at an approved facility). Please respond to the issues detailed in this letter in a comprehensive written response within thirty (30) days of the receipt of this letter. If you have any questions regarding this matter, please contact me at (303) 692-3462. Sincerely, € -v/r; L1 e c/a/VIES /GW °S TI G ll ai-e S Stephen Laud(a 1 t Geological Engineer f!1/ (LLI.r1 4 Solid Waste Section Hazardous Materials and Waste Management Division EXHIBIT cc: F. Dowsett, CDH HMWMD HWC B. Van Sickle, COGC C . Mr. James Martin July 6, 1993 .• image 2 H. Duckworth, Weld County Waste Disposal T. Monahan;AG Office `lMckle, Weld County Health Department File: SW/WLD/WEL/#3 r r mEmORAnDUm Scott Klarich, C.D.H. June 25, 1993 To Date ,,r COLORADO Trevor Jiricek, Weld County Health Department//// From Weld County Disposal, Land Application of Waste Subject: The Environmental Protection Division of the Weld County Health Department received a complaint on June 7, 1993 involving the following: complaint: Dave Tolle, 17765 WCR 10, Fort Lupton, 857-4110 nature of complaint: Dumping oil sludge along an easement road to the West of 17765 WCR 10. Also along fence line at this address. In response to the above complaint I investigated on June 8, 1993. On this date I observed two (2) easement roads where oil or some similar materials had been dumped. This situation was documented by approximately 24 photographs. I collected a free product (liquid) sample and a soil sample at this time. These samples have been analyzed (analysis attached) . After observing the site I contacted the complainant, Dave Tolle. Mr. Tolle stated that the material was dumped by Flint. Additionally, Mr. Tolle stated that he had been in contact with the land owner where the majority of the waste r. had been applied, Jim Martin. Mr. Tolle stated that Mr. Martin had been advised by Gary Kennedy of Weld County Disposal that the waste was approved for this use and that it was E.P.A. approved and non-hazardous. I contacted Jim Martin (659-2662-) to verify this (see attached) . I then contacted Paul Sanders at Flint (857-2791) . According to Mr. Sanders, Flint was working under the direction of Weld County Disposal. Mr. Sanders stated that Flint hauled three (3) loads to this location, however, after determining that this waste was not meant for this type of disposal hauling was ceased. Additionally, it was Mr. Sanders understanding that oil was pumped out of the pond into a separator tank then into a truck and hauled to this location. Mr. Sanders also stated that Aspen Trucking also hauled to this site. I then contacted Steve Paine, owner, at Aspen (898-7042) . According to Mr. Paine his company had been hired by Weld County Disposal to skim oil off the ponds and haul to this location. Mr. Paine has not been able to contact his driver to determine the approximate number of loads to this location. I asked Mr. Paine on June 22, 1993, to contact as soon as he acquires this information, as of today Mr. Paine has not contacted me. I was contacted on June 23, 1993 by Weld County Disposal owner, Howard Duckworth. Mr. Duckworth verified delivering this waste to this location, and supplied me with a copy of the contract he signed with Mr. Martin (attached) . I will keep you informed as further information is obtained. If you have any questions please contact me at 353-0635. cc: Bob Van Sickle, Colorado Oil & Gas Commission E X H BIT tj \1226 • . << ea, rt to L DEPARTMENT OF HEALTH 1517.16 AVENUE COURT GREELEY, COLORADO 80631 ADMINISTRATION (303)353-0586 111 DO HEALTH PROTECTION(303)353-0635 • COMMUNITY HEALTH (303)353-0639 COLORADO November 10, 1993 Certified Letter No.: P 186 978 598 Howard Duckworth Weld County Waste Disposal 12018 Warfield San Antonio 78216 Dear Mr. Duckworth: " On September 29, 1993, and November 5, 1993, a representative of the Environmental Protection Division (the Division) of the Weld County Health Department inspected Weld County Waste Disposal (WCHD) , located at Weld County Road 35 and Colorado Highway 52, Fort Lupton, in Weld County, Colorado. The purpose of both inspections was to inspect and assess the facilities compliance with the Solid Waste Disposal Sites and Facilities Act (the Act) , Title 30, Article 20, Part 1, C.R.S. , as amended, and the Development Standards as set forth in SUP-454:80:44. On the dates of September 29, 1993, and November 5, 1993, field inspections, the following observations were made: 1) The facility has impacted groundwater at this location. This has been cited by the Colorado Department of Health, letter of August 26, 1993. 2) The facility has accepted hazardous waste. This has been cited by the Colorado Department of Health, certified letter #P 860 415 499. 3) Pond C was observed to be partially covered with an oil scum. 4) Freeboard readings do not appear to be accurate. The gauges provided on the facility ponds must be verified to insure accuracy. 5) Contaminated soil has been observed across the site. • 6) Contaminated soil from the Martin property was observed stockpiled on site. g EXHIBIT ? Howard Duckworth Weld County Waste Disposal Certified Letter No. : P 186 978 598 November 10, 1993 Page 2 7) The facility has removed contaminated soil near the disposal pad. The above items #'s 1 through #5 are considered to be violations of both the SUP and the Act, they will be discussed below. Items #6 and #7 are concerns of the Division in which information is requested. The facility has impacted groundwater at this location. According to the Groundwater Technology, Inc. report, dated October 21, 1993, the facility has detected levels of benzene 'in the monitoring wells on site in excess of the groundwater standard as defined in "the Basic Standards for Groundwater", 3.11.0 (5 CCR 1002-8) . This is a violation of both SUP #4 and Section.2.1.3 and 2.1.4 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities (the Regulations) . The Division acknowledges that this issue is in the process of being addressed. The facility has previously accepted hazardous waste. According to the Notice of Violation and Request for Information from the Colorado Department of Health, Certified Letter No. P 860 415 499, the facility has accepted hazardous waste on four (4) separate occasions. This is a violation of both SUP #4 and Sections 2.1.1 and 9.7.2 of the Regulations. The Division acknowledges that the facility is currently working with the Hazardous Materials section of the Colorado Department of Health regarding this issue. On September 29, 1993, pond C was observed to be approximately 5-l0Z covered with an oil scum and on November 5, 1993 pond C was observed to be approximately 15Z covered with scum. According to Section 9.7.5 of the Regulations "all impoundments operated as evaporative treatment of disposal facilities shall be maintained as free as possible from oil or other scum." In addition, this is a violation of SUP #4. The facility does not have adequate freeboard gauges on site. This is considered to be a violation of SUP #11 and Section 9.5.1 of the Regulations. Contaminated soil has been observed across the facility. The facility has not maintained the site adequately. Disposal of waste in areas other than within the ponds is considered inadequate disposal. This is a violation of SUP items #1 and #4 and the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, CRS, as amended. In regard to item's, #6, and #7 the Division requests information on the following: Contaminated soil retrieved from the Martin site has been stockpiled on the facility. Please provide- the Division with the intended • method of disposal of this waste. Please provide the Division with the time frame in which this is to be completed. l i _ �-. Howard Duckworth Weld County Waste Disposal Certified Letter No.: P 186 978 598 November 10, 1993 Page 3 The facility has removed contaminated soil near the disposal area. • Provide the Division with the facility at which this waste was disposed as well as any analysis which was required for proper disposal. Items #1-4 outlined above constitute noncompliance with the Solid Waste Disposal Sites and Facilities Act, and SUP-454:80:44. Development Standard #15 states "the property owner and/or operator of this operation shall be responsible for . complying with all of the above 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 rmmm,ssioners." This facility must respond to this violation notice within thirty days (30) days. Failure to respond to this notice will result in further action in accordance with Section 1.9 of the Regulations, and USR-540:83:3. Discussion on items 06, and #7 should also be addressed in this thirty (30) day time period. • If you have any questions, please contact Trevor Jiricek at (303) 353-0635. Sincerely,letuiguktlib Trevor�cek, Supervisor Environmental Protection Services tj/2339 cc: Keith Schuett, Weld County Planning Department Lee Morrison, Weld County Attorneys Office Roger Doak, Colorado Department of Health — Jane Godby, Northern Colorado Consulting r • ( SOLID WASTE FACILITY INSPECTION • (Surface Impoundments) County I\.)-el d DATE 91:X1 CI Located in Facility W p(d `Aip.5f-e. 0, os A-1 Incorporated Area Location Current Operator CAt2.... Vt a 4—bl Mailing Address of Operator ' Current Owner (If different) j aursaa.r) D ��G,ia� a ►. Mailing Address of Owner (All items checked must be explaind in supplemental report) I. _ A. Public Health and/or Environmental Hazards _ B. Evidence of Potential for (Serious) Surface Water Pollution Evidence of Potential for (Serious) Groundwater Pollution D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards .::25. 11. Non-Compliance with Approved Design and Operation G,V' at.ux C. Structural Integrity of Dikes Questionable 2zunycx(g/1.O4t- • H. Records I I. Other • * REMEDIAL ACTION REQUIRED • II. Minimum Standards, CRS 30, 20-110 ' eth wnalte. 51 Ctia A. Odors and/or Vectors Present � "� S}'�� • _ B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) "rt. Evidence of Minor Spills Around Disposal Area F. Water/Liquid Surface Covered with oil(s) or scum 104 C c ,K-yam c-4e 7 G. Depth Gauges not Present and or Readible CDL�� w) S(.illy% H. Pond Freeboard Level Exceeded. J I. Recommendations for Site Improvement J. Other II Remarks C. � � � �tnS €44 es to/ t<4 C.D./% at lut.:f;l-�� , 'r.. Poe►-. �1,t.t,l luxe' 4t*j r1 ad B.:3 (1.e �+• rot.-rl-Fc-Fitt..\ ON 0Lt,4&c to. t. etzli . !1. f c UEctosiJLL_# S Sc !, OkLA:to-A.4 4crtti-t S te. Spec #ttF4a ITV („tsa rij itt,-CA a flS1} A-. fa MAMa VINkol • 71 , t. 6. CV Jain at Ae c ah&c.� tPr= r{ tl r1 aft rt.t- tutu)a_lok J - (Name) PRESENT AT INSPECTION (Representing) 'cl,'tr .(tricck Lrc-641,O !$. A, n 7�rhuel Ah:+ Ldc e I t I J1/4 urtCa C LGL (WHITE COPY—P2i.R1 (vVTT AU rnnv nove.rnn% inr.... wain. ....�.. f . SOLID WASTE FACILITY INSPECTION • (Surface Impoundments) • County Wild DATE 111519 3 Located in Facility (1).4:41 (qua (4)41.4A-e- tl�t Incorporated Area Location c,„.".c...14_ • Co 4hyy Sea • Current Operator 642.4 IC..A,1-4. t Mailing Address of Operator r Current Owner (If different) ,Llenumcb •D wsn'kZ Mailing Address of Owner (All items checked must be erplaind in supplemental report) I. _ A. Public Health and/or Environmental Hazards _ B. Evidence of Potential for (Serious) Surface Water Pollution • 1K C. Evidence of Potential for (Serious) Groundwater Pollution _. D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards • ' . F. Non-Compliance with Approved Design and Operation • �_ C. 'Structural Integrity of Dikes Questionable • - • H. . Records • I. Other * REMEDIAL ACTION REQUIRED $ wUt-434--0` Tr it •-6^wr. II. Minimum Standards, CRS 30, 20-110 nijak.i.. 'I Tram-C. A. Odors and/or Vectors Present . ^ B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not • • Present) T. E. Evidence of Minor Spills Around Disposal Area F. Water/Liquid Surface Covered with oils) or scum C:-15:t C. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. I. Recommendations for Site Improvement J. Other III. Remarks Z,C.. ITM-cats ba briItpAcvtota a- . - e 4Ta • li.`. ( last.IUdit."6/ trod ill f g- f Cw2lei* cars-. �MIIIIrsMIIMISSI�MBaa=SovISsID�o�soMisr===ao antann MIMES SwMw yy��, if-(Naa� 1me) (,�G PRESENT AT INSPECTION (Representing) l x `yi�'f�S �+` CI�'l J.� K..�.� � S,�hu.2TT us c. P1c.nni, Lkjca — t � i/ (WHITE COPY-PILE) (YELLOW Cnav APVRAtAP\ rn)yv ennui ..n.r........ r t‘ite 11.1 �`• DEPARTMENT OF HEALTH IGREELEY COLORADO 80631 C. ADMINISTRATION(303)353-0586 HEALTH PROTECTION(303)353-0635 COMMUNITY HEALTH(303)353-0639 COLORADO FAX(303)35fi-4966 i _ January 31, 1995 EXMI IT Mr. Howard Duckwor th Weld County Waste Disposal 12018 Warfield San Antonio, Texas 78216 Dear Mr. Duckworth: On March 29, 1994, June 30, 1994, August 18, 1994, and December 27, 1994, a representative of the Environmental Protection Division of the Weld County Health Department conducted routine field inspections of Weld County Waste Disposal located at 4982 Weld County Road 35, Ft. Lupton, in Weld County, Colorado. The following regulations and Development standards were considered throughout the course of these field inspections: The Regulations Pertaining to Solid Waste Disposal Sites and Facilities (CCR 1007-2) , as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. , as amended, the Air Quality Commission Regulation 1, III. D. e. (i) Enforcement of Fugitive Emissions, and the Development Standards set forth in SUP-454:80:44. During these field inspection the following conditions were observed: March 20, 1994, The aerators were in operation and it appeared emissions from this operation were being transported off property. Using a hand held anemometer, wind speed was measured at 10-12 miles per hour. The Division requests an addition to the Operations plan addressing the manner in which the aeration system will be operated, specifically, how will the system be shut down during periods of elevated winds, ie. automatically, manually, at what wind speed, how will the wind speed be measured and monitored December 27, 1994, The operator is unable to lock the gate due to an easement. 2.1.8 Sites and facilities shall control public access, prevent unauthorized vehicular traffic, provide for site security both during and after hours, and prevent illegal dumping of wastes. Effective artificial barriers, or natural barriers, or both may be used in liew of fencing. If you have any questions regarding these field inspections, please contact this office at 353-0635. Sincerely, Laurie Exby Environmental Protection Specialist Jeffrey L. Stoll, M.P.H. Director Environmental Protection Services LE/JLS/xb-103 cc: John S. Pickle, M.S.E.H. , Director, Weld County Health Department Lee Morrison, Weld County Assistant Attorney Steve Laudemen, Colorado Department of Public Health and Environment • • SOLID WASTE FACILITY INSPECTION (Surface Impoundments)! G�J • I �, 1 DA 2/2 i/ Located in ..--, County t �)Il'1� LO A,14-0,Facility (/gyp ( t�- �^' 1 i$p� Incorporated Area .Location: • 44tL 04.8 35"+ F1'/ rgA • Current Operator - Milo ,/,0; • - ' Mailing Address of Operator Current :owner (If different). AK-0 'puoguopOt 'Mailing Address of Owner —1-440 . .. . (All items checked must be explaind in supplemental report) I. A. Public Health and/or Environmental Hazards Evidence of Potential for (Serious) Surface Water Pollution ✓ C. Evidence of Potential for (Serious) Groundwater Pollution D. . Sludge or Septic Pumpings Disposal on .Site (Unauthorized) E. ': Safety Hazards t—F. Non—Compliance with Approved Design. and Operation • _t./.117. • Structural Integrity of Dikes Questionable . H. Records O,Kr • _ I. .Other * REMEDIAL ACTION REQUIRED II. Minimum Standards, CR$ 30, 20-110 /��,,;,,o,�p . c wWa IaR .rl l µy{� A. Odors and/or Vectors Present W .�i O/r __ B. - Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned • D. Monitoring Wells (Maintenance, Intregrity, qr Locking Cap not Present) . _ E. Evidence of Minor Spills Around Disposal Area • F. Water/Liquid Surface Covered with oil(a) or, scum • __ G. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. • __ I. Recommendations for Site Improvement J. Other III.. Remarks . .. . .. �� .III . I • (Name) ,PRESENT AT INSPECTION , ( .. .. egting) ' 1.ilGkkt) • b1..p.a. uu Engineeriffeelctiat TAu (WHITE COPY-FILE) (YELLOW COP -' ' OPERATOR) (PINK COPY-COUNTY) Hello