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Home My WebLink About20021900.tiff • STATE OF COLORADO Roy Romer,Governor Patricia A.Nolan,MD,MPH,Executive Director 4.Of Co,o Dedicated to protecting and improving the health and environment of the people of Colorado HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION • C'� • H '� 4300 Cherry Creek Dr.5. 222 S.6th Street Room 232 'talc• Denver,Colorado 80222-1530 Grand Junction,Colorado 81501-2768 Phone(303)692-3300 Phone O03)248-7164 Colorado Department Fax(303)759.5355 Fax(303)248-7198 of Public Health October 25, 1994 and Environment Mr. Howard Duckworth Certified Mail No. Z 018 698 187 Weld County Waste Disposal 12018 Warfield San Antonio, Texas 78216 RE: NOTICE OF VIOLATION Weld County Waste Disposal 5019 Weld County Road 12 Fort Lupton, Weld County, Colorado Dear Mr. Duckworth: On August 26, 1993, the Solid Waste Section of the Hazardous Materials and Waste Management Division (the Division) issued a determination that the Weld County Waste Disposal (WCWD) facility (the Facility) has impacted the shallow ground water in the vicinity of the Facility. Pursuant to Section 9.1.4 of the Solid Waste Regulations (6 CCR 1007-2), the Facility is required to come into compliance with all applicable requirements of Section 9. Discussions with representatives of WCWD since the August 26, 1993 determination have been ongoing in an attempt to resolve the outstanding issues at this facility. On October 5, 1994, representatives of the Division inspected the Facility to determine its status with regard to the requirements of Section 9. As a result of observations and information gathered during the inspection, the following observations and determinations were made (all regulatory citations refer to the Regulations Pertaining to Solid Waste Disposal Sites and Facilities, 6 CCR 1007-2): 1. None of the impoundments was equipped with a fixed gauge that may be used to determine the depth of the waste to the nearest five one-hundredths (0.05) of a foot. This is a violation of Sections 9.5.1 and 9.5.7. 2. Monitoring wells 5, 6, 8, and 9 were not equipped with locks. This is a violation of Section 9.5.5. Also, monitoring wells have not been properly maintained. Well 6, which is constructed of four (4) inch diameter PVC, is damaged above the surface. This damage could impede or prohibit proper sampling. Monitoring wells should be protected against potential damage. EXHIBIT 2002-1900 Mr. Howard Duckworth October 25, 1994 Page 2 3. Erosion within the ponds was observed at several locations within the impoundments. These locations include the location where water from the receiving area discharges into Pond C, and the southwest corner of Pond C. The erosion was severe enough to question the integrity of the liner at these locations. This is a violation of Section 9.7.3. 4. Pond C was approximately one-third ( h) covered with floating oil scum. This is a violation of Section 9.73. 5. Sufficient records were not available to verify the following: a. Each waste stream accepted by the Facility is tested at least annually (Section 9.8.1). b. Individual load receipts are being maintained for at least two (2) years (Section 9.8.2 (B)). c. Monthly summaries are maintained for total waste volumes and waste identification(s) (Section 9.8.2 (C)). d. Samples of the impounded wastes are analyzed annually (Section 9.83). e. Repairs to the embankments and liners as needed have been performed (Section 9.8.4). f. Frequent general inspections concerning the condition of the Facility are being conducted (Section 9.8.7). g. Soil liner material has been tested for hydraulic conductivity (Section 9.8.8). Failure to maintain the above records available for inspection is a violation of Section 9.9. 6. Evidence that wildfowl may have died at the facility after coming into contact with the impounded wastes was observed during the inspection. This evidence consisted of remains of several birds discovered near the northwest corner of Pond C. Endangerment of wildlife in this manner is a violation of Section 9.1.2 (B). The above items are a list of the violations observed during the October 5, 1994 inspection. Mr. Howard Duckworth October 25, 1994 Page 3 In addition, other operational and design requirements of the Regulations have not been addressed by WCWD. Pursuant to Section 9.1.4 and the Division's letter of August 26, 1993, this Facility is required to come into full compliance with all applicable requirements of the Regulations, including, but not limited to, the requirements of Section 2 Minimum Standards and Section 9 Waste Impoundments. It will be necessary for WCWD to develop and implement a compliance plan for the Facility. Such plan must be submitted to the Division for review and approval prior to implementation. There are several pieces of information that have been requested from the Facility, its consultants, or attorney on different occasions within the last several months that have not been received as of the date of this letter. Most of this information was requested in order to determine the possible nature and extent of the Facility's impact to ground water. Other information was requested in order to determine other environmental impacts derived from the Facility. Information requested but not yet received consists of the following: 1. A plan for characterization and remediation of an illegal disposal incident at property owned by Mr. James Martin. The disposal occurred in June of 1993. The information was first requested in the Division's letter of July 7, 1993, and several times in subsequent correspondence. Sampling of soil at this site was performed in November or December of 1993, and the results of this sampling were reported in Groundwater Technology Inc.'s letter of December 17, 1993. We have received no other information from WCWD regarding the extent of . the contamination at the Martin property. 2. A copy of Figure 1 from the Chen Northern report contained in Appendix D of the October 21, 1993 status report for the Facility. This figure would contain information on the numbering scheme used for the monitoring wells at the time of the report, and would be useful in correlating past monitoring data. Requested in the Division's letter of December 14, 1993. 3. Ground water monitoring results for all monitoring events since second quarter of 1993. Of specific concern are monitoring results for well MW-5. This well has shown the highest levels of contaminants in the past, but has not been included in recent monitoring events. The Division specifically requested MW- 5 be included in all future sampling events in the Division's letter of December 6, 1993. 4. A listing of shallow wells within a five mile radius east of the Facility. This information was requested in order to help determine if any of these down gradient wells may have been impacted. Requested in the Division's letter of December 6, 1993. Mr. Howard Duckworth October 25, 1994 Page 4 5. The data and calculations used as the basis for the pond relining schedule presented in the October 21, 1993 status report. This schedule called for reconstruction of Pond A (currently inactive) and relining of Ponds C and D. Requested in the Division's letter of December 6, 1993. 6. After a review of the Groundwater Technology Inc. sampling at the Martin property (GTI letter of December 17, 1993), the Division requested additional work to define the nature and extent of contamination. The requested information has not been received. Requested in the Division's letter of February 11, 1994. 7. April 4, 1994 letter to Richard Judd requesting for a second time 'the information asked for in the Division's December 6, 1993 letter but not yet provided. Inspection of the load receipts available onsite during the October 5, 1994 inspection and interviews with the operator indicate an average intake of waste between 2500 and 2800 barrels per day (bbl/day) (a spot check of the daily notebook showed volumes between 1713 bbl on September 15, 1994 and 4007 bbl on September 29, 1994. A calculated average waste intake of seven (7) days between August 27, 1994 and October 1, 1994 produced an • average intake of 2813 bbl/day. Comparison of onsite load receipts and Division records indicate that the Facility is delinquent in payment of the Hazardous Substance Response Fund (HSRF) (C.R.S 25-16- 101, et seq.) fee. Our records indicate non-payment of this fee for the third and fourth quarters of 1993 and the first and second quarters of 1994. Fees are payable to the Division within thirty (30) days of the end of the quarter (C.R.S 25-16-104.5 (2)). A civil penalty of ten percent (10%) of the total amount of uncollected or transmitted fees is provided for by C.R.S. 25-16-104.5 (5). Based on this information, the Division is putting WCWD on notice that collection procedures will begin pursuant to statute. Based on the above violations of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities, the Division intends to pursue enforcement options in accordance with the Solid Wastes Disposal Sites and Facilities Act (C.R.S 30-20-100, et seq.), including an action in District Court enjoining violations of the Regulations and the Act. WCWD must develop a compliance plan which adequately addresses each of the above concerns and submit it to the Division within thirty (30) days of the receipt of this letter. All compliance measures proposed in this plan, including design and operational changes and compliance schedules, must be thoroughly documented and technically justified. This compliance plan will be subject to the review and approval of the Division prior to implementation. • Mr. Howard Duckworth October 25, 1994 Page 5 If you have any questions regarding this matter, please contact Glenn Mallory at (303) 692- 3445 or Steve Laudeman at(303) 692-3462. 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. Sincere , • 41-1 Step n Lu man (. F. Mallory Ged ogical Engineer ection Chief Solid Waste Section olid Waste Section Hazardous Materials and Hazardous Materials Waste Management Division and Waste Management Division cc: Richard D. Judd, Esquire Tim Monahan, AGO File: SW/WLD/WEL/1D Mr. Howard Duckworth October 25, 1994 Page 6 bc: Corbin Darling, USEPA Fred Dowsett, CDPHE HMWMD HWCP Trevor Jiricek, Weld County Department of Health Gary Mowad, US Fish and Wildlife Service \ � HE UNITED STATES DEPARTMENT OF IBS INTERIOR m� Ns a ?• FISH AND WILDLIFE SERVICE APRIDEU s • _'; ,* a LAW ENFORCEMENT immatemmm mommmumwmm L ' .J * ' 730 Simms Street,Room 158 •M; Golden,Colorado 80401 I� i Phone: (303) 231-5270 FAX(303) 231-5276 IN REPLYREFER TO: USFWS/LE MAIL STOP 69422 rte,_ March 7, 1995 Trevor Jiricek Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 8O631 Dear Mr. Jiricek: As requested, the following is a summary of the necropsy results obtained from four Great Blue Herons recovered from the Weld County Waste Disposal (WCWD) facility in Weld County, Colorado. The herons were recovered at the facility between 1992 and 1994 . On 1O/O3/94, I sent the four Great Blue Herons recovered from the WCWD site to the U.S. Fish and Wildlife Service ' s National Forensics Laboratory for cause of death determination. On 11/15/94, I received the results of the necropsy reports . The necropsy reports indicated the follows: Great Blue Heron #2, evidence seizure tag # 17784, died from oil toxicosis. A gas chromatograph and mass spectrometer analysis of the stomach content revealed the presence of alkane chains (C12- C24) consistent with a heavy fuel oil source (attachments #1&5) . Great Blue Heron #3, evidence seizure tag # 17785, died from oil toxicosis. A gas chromatograph and mass spectrometer analysis of the stomach content revealed the presence of alkane chains (C12- C24) consistent with a heavy fuel oil source(attachments 2&5) . Great Blue Heron #4, evidence seizure tag # 17786, died from oil contamination and possibly hypothermia resulting from feathers contaminated with oil losing their insulating capabilities (attachments 3&5) . Great Blue Heron #5, evidence seizure tag # 16932, died from oil contamination and possibly hypothermia resulting from feathers contaminated with oil losing their insulating capabilities. In addition, the bird possessed an older wound resulting from a shotgun pellet or bullet. (attachments 4&5) . EXHIBIT I7, 2 For complete necropsy results review attachments 1 through 5 to this letter. Sincerely, Gary G. Mowad Special Agent 0,,a. Or an United States Department of the Interior g FISH AND WILDLIFE SERVICE M''+u. a.` Division of Law Enforcement National Fish and Wildlife Forensics Laboratory 1190 East Main Street Ashland,Oregon 97520 (503) 4824191 VETERINARY MEDICAL EXAMINER'S REPORT AGENCY: Lab Case #: 940581 U.S. Fish and Wildlife Service Agency Case #: INV 1576 AO Division of Law Enforcement Investigator(s): Mowed, SA #446 TO Simms, Rm. 158 Golden, CO 80401 Species: Great Blue Heron Lab #: LAB-1 Sex/Age: Male/Adult Identification #: ST #17784 Weight: 1700 gm Specimen: Carcass Body Condition: Good Date Received: October 5, 1994 Post Mortem Condition: Good Date Examined: October 7, 1994 HISTORY: ' R:covered from a brine water/oil recovery pond. EXTERNAL EXAMINATION: The entire exterior surface is coated with a dark colored petroleum residue. The feathers arc matted and sticky to the touch. The residue easily transfers to latex rubber gloves. The residue has a definite strong aromatic petroleum smell. There are no lesions suggestive of trauma or gunshot. The eyes, mouth, nares and anus arc unremarkable. INTERNAL EXAMINATION: The carcass was partially skinned and the breast removed to facilitate the examination of the internal organs. The muscles of the breast are fully developed but have a definite sticky feeling suggestive of severe dehydration. No lesions suggestive of trauma arc present. The lungs arc normal in color and consistency and are free of excess fluid. The airsacs likewise are grossly normal. The heart has clotted blood in the ventricles. The liver is congested but not swollen. The gall bladder is distended with bile. The kidneys arc pale and contain excessive urates within the tissue. The crop is empty, the stomach contains a small quantity of dark colored sticky material weighing 4 gm. The mucosal surface of the stomach may be somewhat swollen. The small intestine is unremarkable but is stained with bile and undergoing degenerative changes. The contents of the intestine appear normal. The brain is very congested. ATTAC.hi _;;T NO. • y.r Or United States Department of the Interior .� �' FISH AND WILDLIFE SERVICE �4eCH 3.,a Division of Law Enforcement National Fish and Wildlife Forensics Ltlwratory 1490 East Main Street Ashland.Oregon 97520 (503) 4824191 VETERINARY MEDICAL EXAMINER'S REPORT AGENCY: Lab Case #: 94-0581 U.S. Fish and Wildlife Service Agency Case #: INV 1.576 AQ Division of Law Enforcement Investigator(s): Mowad, SA #446 730 Simms, Rm. 158 Golden, CO 80401 • Species: Great Zile Heron Lab #: LAB-2 Sex/Age: Female/Adult Identification #: ST #17785 Weight: 1725 gm • Specimen: Carcass Body Condition: Fair Date Received: October 5, 1994 Post Mortem Condition: Good Date Examined: October 7, 1994 HISTORY: Recovered from a brine water/oil recovery pond. WCR 12 and 35. EXTERNAL EXAMINATION: The entire exterior surface is coated with a dark colored petroleum residue. The feathers are matted and sticky to the touch. The residue easily transfers to latex rubber gloves. The residue has a definite strong aromatic petroleum smell. There are no lesions suggestive of trauma or gunshot. The eyes, mouth, nares and anus are unremarkable. INTERNAL EXAMINATION: The carcass was partially skinned and the breast removed to facilitate the examination of the internal organs. The muscles of the breast are fully developed but have a definite sticky feeling suggestive of severe dehydration. No lesions suggestive of trauma are present. The lungs are normal in color and consistency and are free of excess fluid. The airsacs likewise are grossly normal. The heart has clotted blood in the ventricles. The apex is pale and the muscle tissue discolored. Blood clots adhere to the endocardial surface. The liver is mildly congested but not swollen. The gall bladder is distended with bile. The kidneys are unremarkable. The crop is empty, the stomach contains a small quantity of dark colored sticky plant like material. The small intestine is unremarkable but is stained with bile and undergoing degenerative changes. The contents of the ir•estine appear normal. The brain is congested. AT r^,CNL•1E;i i NO. Z VETERINARY MEDICAL EXAMINER'S REPORT 94-0581 (LAB-2) Page 2 RADIOGRAPHIC EXAMINATION: No significant findings SUBSAMPLES SAVED/SUBMITTED FOR ANALYSIS: LAB-2A: Tissues for histopathology LAB-2B: Stomach content - see attached Criminalistics Examination Report, November 2, 1994. LAB-2C: Gall bladder/bile - see attached Criminalistics Examination Report, November 2, 1994. • Liver, Lidney and brain tissue saved. DIAGNOSIS: Oil toxicosis COMMENT: The contamination of the feathers with oil may in itself cause death through loss of insulation capability and hypothermia. This mechanism of death would not leave any gross or microscopic lesions. The presence of alkane chains consistent with a heavy fuel oil indicates ingestibn of oil. Internal ingestion of oil would cause liver and/or kidney pathology depending on the type and toxicity.of the oil. Richard IC Stroud, DVM, MS Veterinary Medical Examiner ATTAC4P>ie:;T NO. 2- • `^tnt Cr rt W' United States Department of the Interior • s ' FISH AND WILDLIFE SERVICE A''4cx a. `a Division of Law F.nforccmrut National huh and Wildlife Forensics Laboratory 1490 East Main Street Ashland.Oregon 97520 (503) ,l14?4191 VETERINARY MEDICAL EXAMINER'S REPORT AGENCY: Lab Case #: 94-0581 U.S. Fish and Wildlife Service Agency Case #: INV 1576 AO • Division of Law Enforcement Investigator(s): Mowad, SA #446 730 Simms, Rm. 158 Golden, CO 80401 Species: Great Blue Heron Lab #: LAB-3 Sex/Age: Female/Adult Identification #: ST #17786 Weight: 1440 gm Specimen: Carcass Body Condition: Fair Date Received: October 5, 1994 Post Mortem Condition: Fair Date Examined: October 7, 1994 HISTORY: Recovered front a brine water/oil recovery pond. _ WCR 12 and 35. EXTERNAL EXAMINATION: The entire exterior surface is coated with a dark-colored petroleum residue. The feathers are matted and sticky to the touch. The residue easily transfers to latex rubber gloves. The residue has a definite strong aromatic petroleum smell. There arc no lesions suggestive of trauma or gunshot- The eyes, mouth, nares and anus are unremarkable. INTERNAL EXAMINATION: • The carcass was partially skinned and the breast removed to facilitate the examination of the internal organs. The muscles of the breast are fully developed but have a definite sticky feeling suggestive of severe dehydration. No lesions suggestive of trauma are present. The lungs are normal in color and consistency and are free of excess fluid. The airsacs likewise are grossly normal. The heart has clotted blood in the ventricles. The liver is mildly congested but not swollen. The gall bladder is distended with bile. The kidneys are congested. The crop is empty, the stomach contains a small quantity of dark colored oily material. Parasitic adhesions are present on the surface of the stomach. The small intestine is unremarkable but is stained with bile and undergoing degenerative changes. The contents of the intestine appear normal. The brain is congested. ATTACri;n_irT NU. VETERINARY MEDICAL EXAMINER'S REPORT 94-0581 (LAB-3) Page 2 RADIOGRAPHIC EXAMINATION: No significant findings SUBSAMPLES SAVED/SUBMITTED FOR ANALYSIS: LAB-3A: Stomach content - see attached Criminalistics Examination Report, November 2, 1994. LAB-3B: Gall bladder/bile - see attached Criminalistics Examination Report, November 2, 1994. • Liver, kidney and brain tissue saved. DIAGNOSIS: Oil Contamination COMMENT: • The contamination of the feathers with oil may in itself cause death through loss of insulation capability and hypothermia. This mechanism of death would not leave any gross or microscopic lesions. No evidence of oil ingestion was found. r-- Richard K. Stroud, DVM, MS Veterinary Medical Examiner • ATTACHMENT NO. 3 • P F`E C United States Department of the Interior ma FISH AND WILDLIFE SERVICE _a. ' 44cH 3 •a' Division of Law Enforcement National Fish and Wildlife Forensics Laboratory 1490 Ent %lain Sweet Ashland,Oregon 97520 (503) 482-1191 VETERINARY MEDICAL EXAMINER'S REPORT AGENCY: Lab Case #: 94-0581 U.S. Fish and Wildlife Service Agency Case #: INV 1576 AQ Division of Law Enforcement Investigator(s): Mowad, SA #446 730 Simms, Rm. 158 Golden, CO 80401 Species: Great Blue Heron Lab #: LAB-4 Sex/Age: Female/Adult Identification #: ST #16932 Weight 1320 gm Specimen: Carcass Body Condition: Fair Date Received: October 5, 1994 Post Morten Condition: Fair Date Examined: October 7, 1994 HISTORY: Found at Tim Trostcl residence, 17264 Weld City Road - 12 contaminated with oil. Cleaning and rehab efforts were made at the Greenwood Wildlife Center. EXTERNAL EXAMINATION: The feathers are wet and do not fluff. The body feathers are sparse and matted. No obvious oil is present on the body feathers. The wing feathers have some evidence of oil residue. The right leg is rotated 45 degrees due to the abnormal healing of a fracture of the midshaft of the tibiotarsus bone. The eyes, mouth, nares and anus are unremarkable. INTERNAL EXAMINATION: The carcass was partially skinned and the breast removed to facilitate the examination of the internal organs. The muscles of the breast are poorly developed and have a slightly sticky feeling suggestive of moderate dehydration. No lesions suggestive of recent trauma are present. The lungs are normal in color and consistency and are free of excess fluid. The airsacs likewise are _grossly normal. The heart has clotted blood in the ventricles. The liver is pale in color but not swollen. The gall bladder is distended with bile. The kidneys are pale and have a tabulated pattern. The crop is empty but the stomach contains a large q.iantity of black creamy material. This has the appearance of charcoal. The small intestine is unremarkable but is stained with bile and undergoing degenerative changes. The contents of the intestine appear normal. The brain is congested. nracErNT nu. _ • VETERINARY MEDICAL EXAMINER'S REPORT 94-0581 (LAB-4) Page 2 RADIOGRAPHIC EXAMINATION: The midshaft of the tibiotarsus bone has a partially healed old fracture which has pinpoint radiopaque fragments which represent bullet or pellet fragments. SUBSA`1PLES SAVED/SUBMITTED FOR ANALYSIS: LAB-4A: Tissues for histopathology LAB-48: Stomach content - see attached Criminalistics Examination Report, November 2, 1994. LAB-4C: Gall bladder/bile - sec attached Criminalistics Fnmination Report, November 2, 1994. Liver, kidney and brain tissue saved DIAGNOSIS: Oil Contamination/gunshot • COMMENT: The stomach contained a large quantity of charcoal which was used to treat possible ingestion of oil by the heron. No remaining traces of ingested oil were identified in the stomach or bile. It is not possible to determine how much oil was absorbed by the heron prior to the treatment with activated charcoal. Most of the oil residue has been cleaned from the body feathers. The feathers however arc still abnormally fluffed and have reduced insulating capability which may lead to stress and hypothermia. Richard Stroud, DVM, MS Veterinary Medical Examiner • ATTACHMENT NO. • M 11 r 7 i United States Department of the Interior z FISH AND WILDLIFE SERVICE 44c. 3. '41 DMNIUII or L_nv 1•:urorceuicut National Fish❑nd \Vildlire Forensic.Laboratory 1.1911 East \lain Strati A.'.! and,Oregon 97520 (503) 4824191 November 2, 1994 CRIMINALISTICS EXAMINATION REPORT AGENCY: Lab Case #: 94-0581 U.S. Fish and Wildlife Service Examiner: Espinoza Division of Law Enforcement Agency Case #: 1576AQ 730 Simms, Room 158 Investigator(s): Mowad, SA 446 Golden, CO 80401 Suspect: .Weld County Waste Disposal Case Title: Weld County Waste Disposal • EVIDENCE RECEIVED: The following evidence was received from Dr. Richard K. Stroud, Veterinary Medical Examiner, from the Evidence and Property Section of the Laboratory on October 31, 1994, and transferred to the undersigned examiner: LAB-IC: Bile from great blue heron (LAB-1) LAB-2C: Bile from great blue heron (LAB-2) LAB-3B: Bile from great blue heron (LAB-3) LAB-4C: Bile from great blue heron (LAB-4) The following evidence was received from Dr. Richard K. Stroud, on November 1, 1994: LAB-1B: Stomach content from great blue heron (LAB-1) LAB-2B: Stomach content from great blue heron (LAB-2) LAB-3A: Stomach content from great blue heron (LAB-3) LAB-48: Stomach content from great blue heron (LAB-4) EXAMINATIONS CONDUCTED: All evidence items were examined utilizing gas chromatography - mass spectrometer analysis using the oil identification procedure. EXAMINATION RESULTS: LAB-1B: Analytical examination indicate that the stomach content contains alkane chains (C12-C24). The alkane profile is consistent with a heavy fuel oil source and inconsistent with light fuel or lubricating oil sources. LAB-2_B: Analytical examination indicate that the stomach content contains alkane chains (C12-C24). The alkane profile is consistent with a heavy fuel oil source and inconsistent with light fuel or lubricating oil sources. ATTACHivIEN T NO. • CRIMINALISTICS EXAMINATION REPORT 94-0581 Page Two (Espinoza) November 2, 1994 LAB-3A: Analytical examination did not detect the presence of oil. LAB-4B: Analytical examination did not detect the presence of oil. LAB-1C: Analytical examination did not detect the presence of oil. LAB-2C: Analytical examination did not detect the presence of oil. LAB-3B: Analytical examination did not detect the presence of oil. LAB-4C: Analytical examination did not detect the presence of oil. DISPOSITION OF EVIDENCE: All remaining evidence items were returned to Dr. Richard K. Stroud pending retur<"o the submitting agency \�1. \ •Dr. Edgard_O spinoza -Exanainer---...- Criminalistics Section Chief • 1 d t __ ._�_� - IVo OFFICE OF THE CCMFTRCLL E7 PHONc(303)356-:000. =XT, nest C:R____Y, COLOnACC 6Co32 `s. tfivii'`" Z ' � C LOR T ADO• February 17, 1995 Mr. Howard Duckworth 12018 Warfield San Antonio, TX 78216 RE: Weld County Waste Disposal Inc. Dear Mr. Duckworth: In 1993 you and I made an agreement that you would pay the past due disposal fees, and make current payments on current charges. You did pay the past due amounts, but have neglected to forward any current charges since April of 1993 . According to the data that was collected by the Health Department, the arrears amount for 1994- amounts to $97,500, by using the 975,502 barrels of waste received into the facility. Likewise, the approximate amount for 1993 is estimated to be $73,125, bringing the total to $170,625. If I don' t receive the requested amount, or if you haven' t contacted me to make arrangements for payment by you by March 3, 1995, this item will be referred to the Weld County Attorney for collection of the prior charges to include all court cost for collection. The Weld County Planning Department will also be notified, which could result in revocation of your operating permit. I trust that you will treat this correspondence with the seriousness, and conviction that it is written. I will be looking forward to your correspondence by no later that MARCH 3, 1995. Thank you for your immediate action. Very truly yours, .�,iFU Claud W. Hanes 177J Comptroller \ FEB 7 fi...nfjfA CWH/hs cc: Bruce Barker, Weld County Attorney EXHIBIT Pat Persichino, Weld County Planning Director Donald D. Warden, Director of Finance & Administration Trevor Jiricek, Weld County Health Department WASTE DISPOSAL AND TREATMENT SITES IN WELD COUNTY WELD COUNTY WASTE DISPOSAL, NC. HOWARD DUCCWORTH 1992 JANUARY 18,957.7? 947.64 FEBRUARY 20,300.11 1,040.01 MARCH 10,059.02 502.95 APRIL 3?214.10 1,610.71 MAY 42,045.46 7,102.2 7 JUNE 42,331.36 2.116.57 JULY 37.423.15 1.371.16 AUGUST 45.017.54 2.250.33 SEPTEMBER 52.258.16 2.612.91 OCTOBER 69,677.95 3,483.90 NOVEMBER 31,042.41 1,552.12 DECEMBER 37,531.76 1,376.59 1993 JANUARY 40,371.00 2,013.55 FEBRUARY 33,735.00 1,686.75 MARCH 39,314.00 1,965.70 APRIL 0.00 MAY 0.00 JUNE 0.00 JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL 552,773.74 27,63 S.69 Ain MEMORAnDU `!C To r1.'tvdd Rianac W r arrn„n i-:nsDete rc' .-,,-a rr- 11 rrr'r� v v„� COLORADO From TrP,,Or Tjr"raL- t,, r wo,tth Department ' �'�rL Subject: v.vdd Co"a-t.v Wasta Dispe:-al, Ifpect ree €e-r 144c Our Division has learned that during 1994 the Weld County Waste Disposal received 975,502 barrels of waste into the facility. This information was provided by the facility' s consultant, Jane Godby. I contacted another owner of a similar disposal to determine the approximate cost of disposal per barrel. I was informed that the approximate cost of disposal is $1.00 per barrel, which correlates to approximately $97,500 which should be paid into the Solid Waste Fund. If you have any questions, please call me at extension 2232. tj \144 � EXHI IT 411(r\\* MEMORANDUM WINGTO: Keith a. Schuett March 27, 1995 COLORADO From: Claud Hanes, Comptroller SUBJECT: Weld County Waste Disposal (SUP - 454) I had a conversation with Howard the week of March 6, 1995 concerning the letter that was written about the past due amount on his account. A copy of the referenced letter was forwarded to your attention. Howard indicated that it would be financially impossible for him to make total restitution at one time, but that he would be making one quarter worth of back balance payments each month until the back amount was paid in full. I advised Howard that it was imperative that the current amounts were kept current while the past due amounts were being caught up. Howard advised that he would be sending me a schedule of payments with his first payment. This schedule, nor his first payment have been received as of this date. I hope that this satisfies your need on this matter. Should you need further information, do not hesitate to contact me. • (4 ET BIT OFFICE OF COUNTY ATTORNEI PHONE(303)356-4000 EXT. 439' P.O. BOX 194: ' GREELEY, COLORADO 8063: . e. COLORADO March 24, 1995 Richard D. Judd, Esq. 1660 Lincoln Street, Suite 2800 Denver, CO 80264 RE: Solid Waste Surcharge Dear Mr. Judd: At your request, I am providing you the three ordinances with amendments which pertain to the collection of the solid waste surcharge. I am also including a summary prepared by the Accounting Department of the revenues and expenditures from the surcharge fund. The party who prepared the summary from the County accounting records was Barb Eurich. I have also included a copy of that portion of the Weld County Home Rule Charter, Section 16-11. Please contact me if you have any further questions in this regard. Very ly yours, • Lee D. Morrison Assistant County Attorney LDM/gb:judd Enclosures pc Keith Schuett, Planning Department Trevor Jiricek, Health Department EXHIBIT X r ( 29 ) Public Notice -- Notice as defined in this Charter . ( 30 ) Qualified elector -- A person registered to vote in Weld County, State of Colorado, and otherwise qualified to vote in a general election under the laws of the State of Colorado . The term is synonymous with registered voter, registered elector, elector or voter. ( 31 ) Recall -- The provision whereby a group of electors may, by petition, require that an election be held to allow the voters to determine if a county officer should be removed from office . ( 32 ) Referendum -- The provision whereby any ordinance or resolution, or part thereof, enacted by the Board may be referred to the voters of the County to approve or reject at the polls . ( 33 ) Shall -- Is considered mandatory. ( 34 ) State -- State of Colorado . ( 35 ) State law, laws of the State, or laws -- All legislation governing Colorado, including the provisions of the State Constitution . References to State laws shall be construed as continuing references to them as they may be amended from time to time . Section 16-11 -- Solid Waste Disposal Sites -- Surcharge . ( 1 ) The Board of County Commissioners shall have the authority to promulgate, by Ordinance, pursuant to Article III , Section 3-14 , of the Weld County Home Rule Charter, regulations imposing a service charge on the users , in the form of a surcharge, to be added to all fees received by any operator of a solid waste disposal site and facility or transfer station located within any portion of Weld County, Colorado . "Solid waste disposal site and facility" shall 71 b 1354 EEC C23C6246 10/ 0 / /92 14 : :6 F 0079 :•_rR_ ANN FE C+ S0 . 00 79,/ +�fiEF:.,<.._,d CL_.LRi: & RECORDER :•;"i;u CO , CO mean any facility which is required, pursuant to applicable provisions of state law, to obtain a Certificate of Designation from the Weld County Board of County Commissioners or approval by a city, city or county, or town (collectively known as "municipalities" ) prior to its operation. ( 2 ) Should the solid waste site and facility be one at which no fee is collected for the reason that the facility serves an individual user, the fee shall be computed based upon the cost within the market for similar disposal services . ( 3 ) The rate of the surcharge may be adjusted by Ordinance in accordance with the impacts to Weld County and its residents resulting from the disposal of various classes of waste, but must be uniform within said classes . However, higher rates may be imposed on users who generate the wastes outside of Weld County for the following reasons : (a) in order that landfill capacity be preserved for Weld County users ; and (b) in order to mitigate the impacts on infrastructure and services provided by Weld County towards which out-of-county generators of waste have not contributed through ad valorem taxes . ( 4 ) No portion of this section shall require the collection of the surcharge as against users of a solid waste site and facility or transfer station owned and operated by a municipality provided the solid waste is generated within the municipality. ( 5 ) The surcharge collected pursuant to this section shall be deposited in the Weld County Solid Waste Disposal Site and Facility Fund to be used for the purposes of financing any operations conducted by Weld County with respect to solid waste disposal including, but not 72 B 1354 AEC 02306246 10/07/52 14 : 26 87 F Cu .C MARY ANN FEUER TEry ER Wi CO , CC S_ -_,. Ci::P•,f S nECG?;C:-R WELC CC , ;'O limited to, costs of health inspections ; removal of litter and debris from roadsides ; establishment, construction, and maintenance of roads providing access to solid waste sites and facilities and transfer stations within Weld County; financing the landfill management program, equalizing costs for transfer sites in Weld County, Colorado; capital outlay associated with a transfer site system; insurance costs ; Weld County staff support costs ; financing the requirements for compliance with the Resource Conservation Recovery Act; costs of designation of future site locations ; and remedying environmental problems created by past and future solid waste sites and facilities and other solid waste disposal sites . P 1354 EEC 0k306246 10/07/92 14 : 26 0 . 00 32/087 F 0081 d1,R'_' ANN FEUEHSTEIN CLERK & RECORDER WELD CO, CO 73 LO OD m r (D CO CO CA r O r .- I� O) (O etc t r CO V r- to co CA N co Cr LO O to a) CO- Cr)- O OO 1- N- to 't r r- CD CO 1- CO CO CO CO CO O O • CO O) V O LO CO N CO O CO M O) co O) to O to O) 1� O LO r 1t O O O in V N- CD N r O tON N O V CD LC) N CO Co Ott O tt r CD LO O O to O) O to Co M r O N M N LO CD tt r n, LO t` O N LO O O) N O O a O to r' tY r N- r- r (D tt r M N co (A CA N- c., co co C+) r r r ()) O) CO CO to O) Cl) co co r O) C) N N r r- N NI- V N N ti O) Cl) CO N n tO (D r O) Cl) r O N Cr) Co CO o r CO O C O N N CO r to to CD N W Z W W W U > 2 ¢ < 2 U p w OO Q LL p O = wzW 0 W O F- (n._. cr O < ZD D 0000 (n O Q U U) CD N CO 0 CO N 0 (O 00 CO 0 0 0 U) (Dr 0) a DONNO0) MO r 00 U) 000 V ~ O O CO N o') V) M '7 00) 66 M 6666 U) N MN M (O0) r r 0 V' N 0)) Mr co U) 0 0 N (D O (D ll') O (D M r CO M CO N lO CO- N M r r 6 N CO COCO 0 M • • CO V M M O N N O N O N O O 0 0 0 N 0 0 M NrMMr .t OM Oc00) O M N 0 0 U) M 6666 66 0) ON (O V V V N M L7 N lO WO r U) M M0 M (0O (D N N M r 0) N N (O N 0) U) CA N N- M M N O M r (00)0 U)00)r n (n 0 r oNa) N N N V N N CO 0 N (b (') O M 'cf M (O N O N O 0 (0 O 0 � ••..,6. 0 O (00) Lnr (D ON CD Or CD 0U) 0) O O MMrrR NN0 (DN 0 M .- 6 MM O M V M M (O 46 '- CO CO V ONNON (O V M N (0 r NUJ 0 M U) ^ CO (0 '? M CD r V N M O LO U) r N O lO (0 r N NN N M N NM0 N N N N O r0 CD CO M CO NN (Ow Lp 6 0) 0) ^ 4666 , — M IS Cr-) (P co M M M 0) CD r a) m- MN � r N N V N N N 0 00 OM •t 0) 0 N 0 (O 0 O 0) CO N 00 O N M O O U) ('O r O r M 6 co M O N N N M N N MO (D LO r N N (D N N U) 0 Q C H O w UJ 0 Z Z w 0 UJ H 0- w o K 0 _O Z (n C z 5 - o z w w w Z O Q > O L7 w wwwOF w O — O How _ wzZ - Qw Q wwFW 0z w0wzw ? Q0 , (ww z w w0r � aw } NZO (wwo < ow Ccn < � w w m 0 D W Q - � w w w �� 5 Z Z Z w w W o w w Y Z U > > F Y a O = Z Z W C U� I�- Z Z OwIpQOF � mw ZoctO > Www � C? OF Y � � oO J n � ZZ, � a —. Q O = dQw _ O Q Omw Q0E0 OW O < (n _J Z JQw Q Y. W o w� < Lwi _ oH WOEEc < F W 22 W W U) WwQ, H � w W 2 W QW LL �' 0 =J) -' ZC Z (n 0! On. og = oaJWOOWWW0 0 > r0QHc� O0WMOMJxw < 1t0tF ° > 3° JUN tecorded at ..._._._� o'clock .`.1 ..� 2 5 1979 0°1(.8 73 1794932 Lim_da Roc. No. 'Pat itt,a4Se,:v 3--) Stote of Colorado, Weld County Clerk Cr Recorder ORDINANCE NO. 53 RE: AN ORDINANCE ESTABLISHING A SURCHARGE TO COVER THE ACTUAL AND NECESSARY COSTS OF LAND, LABOR, EQUIPMENT AND SERVICES cT NEEDED IN THE OPERATION OF SOLID WASTES DISPOSAL SITES AND o- h- FACILITIES IN WELD COUNTY, COLORADO, AND ESTABLISHING A { WELD COUNTY SOLID WASTES DISPOSAL SITE AND FACILITY FUND. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD ,0 COUNTY, COLORADO: h O o Section 1 • uk There is , hereby , established a Weld County Solid Wastes Disposal Site and Facilities Fund pursuant to the provisions of Section 30-20-115, CRS 1973 . Said fund shall be administered by the Weld County Treasurer pursuant to law. Section 2 There is, hereby, established a surcharge in the amount of five percent ( 5%) to be added to all dumping fees received by any operator operating a solid wastes disposal site within Weld County, Colorado . • Section 3 It shall be the duty of any operator of any solid wastes disposal site in Weld County , Colorado to collect said surcharge at the time dumping fees are collected and to remit the same to the Weld County Treasurer on or before the 20th day of the month following the month in which said surcharge is collected. Section 4 The surcharge contemplated by this Ordinance shall be deposited in the Weld County Solid Wastes Disposal Site and Facilities Fund for the purpose of financing the operation at all Weld County solid wastes disposal sites and in particular to cover the costs of health inspections , removal of litter from roadsides , establishment and construction of road accesses to Weld County solid wastes disposal sites , financing the Landfill • / % : • BOOK 873 3 3 e Management Program, equalizing costs for transfer sites in Weld County, Colorado, capital outlay associated with the transfer site system, insurance costs , Weld County staff support costs , financing the requirements for compliance with the Resource Conservation and Recovery Act, costs of designation of future site locations, and rectifying environmental problems created by past and future solid wastes disposal sites. Section 5 All operators of solid waste disposal sites in Weld County, Colorado, shall make available to the Board of County Commis- sioners of Weld County, Colorado or their designated agents, all books of account of said operator of solid wastes disposal sites for auditing purposes to ensure compliance by said operators of solid wastes disposal sites in Weld County, Colorado with the provisions of this Ordinance. Section 6 If any section, subsection, paragraph, sentence , clause or phrase of this Ordinance is, for any reasons , held or decided to be invalid or unconstitutional , such decisions shall not affect the validity of the remaining portions. The Board of County Com- missioners of Weld County, Colorado, hereby declare that it would have passed this Ordinance and each and every section, subsection, paragraph, sentence , clause and phrase thereof irrespective of the fact that any one or more sections, subsections , paragraphs , sentences , clauses, or phrases might be declared to be unconsti- tutional or invalid. Section 7 This Ordinance shall take effect on August 1 , 1979 pursuant to Section 3-14 (2) of the Weld County Home Rule Charter. -2- BooK873 1794932 ‘5373 2 V3 The above and foregoing Ordinance No. 53 was passed, approved and adopted this 25th day of June , A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,;1 i f is J � . •` 1 47,11 l -A-- ' U',(Q-t-i J? .[?�'.�( . e• I ATTEST:; " 1l d4":7-WIAOJT,I J Weld County Clerk and Recorder al Clerk to the B arl (Lllt—v 7;__J Deputy County Clerk A PP c*ED AS PO -FORM: County Attorney PUBLICATION: June 28 , 1979 in the Platteville Herald Date Presented : June 25, 1979 .-- -3- AR11L2468 ORDINANCE NO. 124 RE : AN ORDINANCE ESTABLISHING A SURCHARGE TO COVER THE ACTUAL ANI) NECESSARY COSTS OF LAND, LABOR, EQUIPMENT, AND SERVICES 1O NEEDED IN THE OPERATION OF SOLID WASTES DISPOSAL SITES AND DU D FACILITIES IN WELD COUNTY , COLORADO , USED TO DISPOSE OF LIQUIDS , SEMI-SOLIDS , AND SOLIDS DISSOLVED IN LIQUIDS . U q BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD W COUNTY , COLORADO: D3 o WHEREAS , the Board of County Commissioners of Weld County , N-NN o Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter , is vested with the authority of administering the o n a affairs of Weld County , Colorado, and WHEREAS , Weld County, by Weld County Ordinance No. 53 , has W a m ti o z previously created a Weld County Solid Waste Disposal Sites and Facilities Fund financed by a surcharge on existing solid wastes disposal sites and facilities within Weld County , and a io w d'k' WHEREAS , the interpretation of the term " solid waste" has ioz Zbeen clarified by policy of the Waste Management Division of the cent Colorado Department of. Health and by amendment to the Solid Wastes Disposal Sites and Facilities Act , definitions section , 1/40 N cNO CA cn §30-20-101 (6) , CRS , to clearly include liquids , semi-solids , and row solids dissolved in liquid , with certain exceptions not relevant herein , and WHEREAS , Weld County has the authority , under the Solid Wastes Disposal Sites and Facilities Act , §30-20-101 , to collect a service charge for the management of solid wastes within the County , and WHEREAS , there are a number of facilities within the County currently receiving liquids , solids dissolved in liquids , or semi-solids resulting from the drilling and production of oil and gas within Weld County . These include such products as brine or production water , " fracing" or "fracturing" gel and drilling mud, and WHEREAS , these substances fit within the current definition and interpretation of " solid wastes" and are subject to col.] ec- tion of service charges to meet the expense of managing the disposal of solid wastes within Weld County but have not heretofore been charged such fees . i' NOW, THEREFORE , PE IT ORDAINED by the Board of County Commissioners of Weld County , Colorado: Section 1 There is , hereby , established a surcharge in the amount of five percent (5%) to be added to all fees received by any opera- tor operating a solid wastes disposal site within Weld County , Colorado , accepting liquids , semi-solids , or solids dissolved in liquids . This shall include , but not necessarily be limited to, those facilities receiving "brine" or "production" water. , "tracing" or fracturing gel or drilling mud generated by the drilling for and production from oil and gas wells in the area. Section 2 It shall be the duty of any operator of any solid wastes disposal site in Weld County , Colorado , accepting liquids , semi-solids , or solids dissolved in liquids to collect such surcharge at the time fees are collected and to remit the same to the Weld County Treasurer on or before the 20th day of the month following the month in which said surcharge is collected . Section 3 The surcharge contemplated by this Ordinance shall be deposited in the Weld County Solid Wastes Disposal Site and Facility Fund , as created by Weld County Ordinance No. 53 , to he used for the purposes set forth in said Ordinance and for the additional purpose of mitigating the effects of illegal disposal. of liquids , solids dissolved in liquids and semi -solids . Section 4 All operators of solid waste disposal sites in Weld County , Colorado , accepting liquids , semi-solids , solids dissolved in liquids , shall make available to the Board of County Commis- sinners of Weld County , Colorado, or, their designated agents, all hooks of account of said operator of solid wastes disposal sites for auditing purposes to ensure compliance by said operators of solid wastes disposal sites in Weld County , Colorado, with the provisions of this Ordinance . B 1026 REC 01962468 04 /10/84 15 : 30 $0 . 00 2/003 F 125£3 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -2- Ty -( .:'i 34 March 29, 1995 CLEF, r Commissioner Dale K. Hall 915 10th St. Greeley, CO 80631 Dear Commissioner: I am concerned about the Weld County Waste Disposal that is located at WCR 35 & 12 which is about I mile from my residence. My concerns include surface, water, air/atmosphere and wildlife contamination which impact me and my family. I understand that this disposal site has been in violation several times. The volume and strength of chemicals used on noxious wastes are obvious from a neighbor's perspective and the odors which frequently assault us. How many times have the state and federal EPA authorities investigated? I think the opportunity to prove responsible behavior is over. It is time to end this contamination of our environment before the harm is irreversible. Thank you for your attention to this serious situation. Please make sure at the hearing on May 17 that the Weld County Waste Disposal discontinues this unhealthy business. Sincerely, Kathleen Martin 17544 Clara Lee St. Brighton, CO 80601 [4. EXHIBIT (J dz.: All hit ; c,' ;/�occ '"9) \::'EL D CCU:.;T Y 1593 11.:f1 74! P:`4 tU: 06 CLERK TO THE E0.7, Dale Hall Weld County Commission 915 10th Street Greeley, CO 80631 Commissioner Hall, I am writing this letter in regards to the Weld County Waste Disposal site located at W.G.R. #35 and W.G.R. #12. I have find the odor from this location quite obnoxious, especially in the summer. It has come to my attention that this site is presently under review for re-licensing. It is my understanding that Weld County Waste Disposal is also in violation of the following serious offenses: 1. ground water contamination 2. odor violation 3 . receiving hazardous waste and distributing waste to adjacent properties 4. creating a life threatening hazard for wildlife I am concerned with the hazards this site poses to our community and strongly recommend not renewing Weld County Waste Disposal's operating license. Furthermore, WELD COUNTY WASTE DISPOSAL should be responsible for the cleanup and removal of any and all toxic materials. Sincerely, William G. Allensworth EXHIBIT �C PLC eL/L1 �6CC�s'r } Hello