HomeMy WebLinkAbout20012696.tiff 1
2
3 TRANSCRIPT OF TAPE RECORDED MEETING
4 SHOW CAUSE HEARING FOR USE BY SPECIAL REVIEW#1198
5 FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
6 (BRINE WATER DISPOSAL)
7
8 CONDUCTED ON APRIL 30, 2001
9 (PORTION OF TAPE#2001-21)
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13 THOSE PRESENT
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15 WELD COUNTY COMMISSIONERS:
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17 M.J. GEILE, Chair
18 GLENN VAAD, Pro-Tern
19 WILLIAM H. JERKE
20 ROBERT D. MASDEN
21 DAVID E. LONG
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23 ALSO PRESENT:
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25 BRUCE BARKER, Esq., County Attorney
26 LEE MORRISON, Esq., Assistant County Attorney
27 BETHANY SALZMAN,Department of Planning Services
28 CINDI ETCHEVERRY, Department of Public Health and Environment
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30 SPEAKING TO THE SHOW CAUSE ORDER
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32 JOHN MAHONEY, Esq., appearing on behalf of Enviro-Cycle
33 MIKE CERVI, Enviro-Cycle
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PL /:/52
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-5;9111/ 7206,N0-2 2001-2696
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2 PROCEEDINGS
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4 CHAIR GEILE: Monday,April 30th,I'll call back to order the Board of County
5 Commissioners. We have one Show Cause Hearing. Would you take roll call,please, Esther.
6 CLERK: Rob Masden.
7 COMMISSIONER MASDEN: Here.
8 CLERK: Dave Long.
9 COMMISSIONER LONG: Here.
10 CLERK: Bill Jerke.
11 COMMISSIONER JERKE: Here.
12 CLERK: Glenn Vaad.
13 COMMISSIONER VAAD: Here.
14 CLERK: Mile Geile.
15 CHAIR GEILE: Here. Let the record show that all five Commissioners are in
16 attendance. What we're calling up is Show Cause Hearing to determine whether good cause exists
17 for revocation of a Site Specific Development Plan and Use by special Review Permit 1198 for an
18 Oil and Gas Support and Service Facility in the A-1 Zone District, Enviro-Cycle, LLC, in care of
19 Mike Cervi. So, Cindi, did you want to
20 MS. ETCHEVERRY: I'll let Bethany.
21 CHAIR GEILE: Who's going to make record? If you would, please.
22 MS. SALZMAN: Good afternoon. Bethany Salzman,Zoning Compliance with
23 the Department ofPlanning Services. This Show Cause Hearing is for the revocation ofUSR#1198,
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1 it's for Enviro-Cycle,in care of Mr.Mike Cervi. Case Number ZCH-2000-002 and USR-1198. The
2 situs address is 19094 Weld County Road 40,LaSalle,Colorado, 80645. Mailing address,P.O.Box
3 117, LaSalle, Colorado, 80645. Legal description is part of the northwest quarter of the northwest
4 quarter of Section 32,Township 4 North,Range 65 West of the 6th P.M., Weld County, Colorado.
5 I would like to open by saying that Enviro-Cycle has come into compliance with almost all of their
6 Development Standards; however, due to the length and severity of the noncompliance with their
7 Development Standards and the staff time spent of all the departments involved getting the case to
8 this point,the Department of Planning Services and Environmental Health is recommending that this
9 case be continued for an additional six months to insure compliance. If at that time they are still in
10 compliance, we would be recommending a complete dismissal; however, at this time, due to the
11 outstanding concerns,our only options for recommendations would be a continuance or to proceed
12 forward today with the Show Cause Hearing.
13 CHAIR GEILE: Are there any questions of the Board? Commissioner Jerke.
14 COMMISSIONER JERKE: What is Enviro-Cycle not in compliance with at this
15 time?
16 MS. SALZMAN: Currently, the only outstanding noncompliance would be of
17 Standard 4, an eligible manager, a manager, knowledgeable in operating an injection well, shall be
18 on-site when the facility is receiving waste. Upon an inspection conducted last Friday,April 27th,
19 a knowledgeable manager was not present, in fact,no managers were present on-site. We called to
20 have a manager, specifically, Mike Cervi, meet us on the site. Additionally, Standard 3, which is
21 talking about the facility shall be constructed and operated to insure that contamination of soil and
22 groundwater does not occur. Sampling is being worked out between the Department of
23 Environmental Health and the manager,Randi Burnell;however,the under drain,even though there
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1 is a sampling of the under drain,how it's supposed to work-it still has not occurred that way,which
2 the first time would be June. I believe, when the next sampling would occur. So that we want to
3 insure that that does happen the way that it should. Additionally, a Waste Management Plan had
4 been requested in numerous letters,specifically,November 30, 1999,June 29,2000, September 13,
5 2000, January 3, 2001, we did receive a rough draft on April 25, 2001; however, that will need to
6 be as well, refined to have a final Waste Management Plan approved.
7 CHAIR GEILE: Are there any other further questions from the Board? If not,
8 is the applicant and representative here to address the Board this afternoon? I think what we'll do
9 is just go ahead and put the microphone right there and anybody(inaudible). If you'd please give
10 your name and address for the record. (Inaudible)
11 MR. CERVI: Mike Cervi, Box 169, Sterling, Colorado. When this Show Cause
12 Hearing was brought about in January, the 30th, I believe,we were given stipulations to complete,
13 which all of these stipulations have been completed. We've discontinued the major thing,cleaning
14 of the ft-act tanks, but we've also monitored the underground water and it has been proven to be
15 clean, or it is clean. Last sample, which was probably two or three weeks ago, there's not a thing
16 in it,in this underground there may possibly always be water in it. Because of the way the land lays
17 we may never eliminate it. We've lowered the water some, but I, if you have a big rain or
18 something,there's a possibility it may come back,but it,it,regardless,the monitoring system set up
19 would indicate if there is any spillage coming from the product coming into the disposal, which is
20 brine water. That concern we feel has more than been taken care of, more than satisfied, because
21 we've never found any water contamination in there,now,this could go on forever,and still not find
22 any contamination. We wouldn't want to still be construed as it is today. Well, there's water in
23 there, there may always be.
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1 As far as the manager goes,the daytime main manager,Randi Burnell,who came on
2 board two months ago,I believe,is away at a waste seminar,a environmental seminar. I was asked
3 to take her place from Thursday through this coming Thursday,which I did,now, I went to LaSalle
4 but my concern isn't a manager being on site. Everybody that works there, the main lead man of
5 each shift is equivalent to a manager,he has to have that type of education and knowledge,it doesn't
6 do me any good to be the main manager and not be on place to know what to do if something
7 happens. The man, all the people we have as the lead people have been instructed about the
8 chemicals, about the down hole structure, everything. So, the Health Department would have to
9 qualify what a manager is to me. And they can't do that. They can't tell me who is qualified to run
10 a water injection well. Conquest,which is our competition, their managers aren't on site,we know
11 that, I've been there,had lunch with them when they are gone. They expect the lead man that's on
12 that shift to become qualified as a manager. This is not a facility that takes hazardous waste or has
13 all these volatile things that could happen that it takes a man that need to go to a whatever is
14 considered a qualified manager's school. That's impossible, none of the disposals do it in Texas,
15 Louisiana, Arkansas, or Colorado.
16 Now,the part about the six-month compliance,if you people, as I recall it,maybe in
17 the minutes,I came to that meeting in January and I said,now if I adhere to all this,remove the fract
18 tanks, get the water sample, do this,this,this, this, does that mean you'll dismiss it. They said yes,
19 we will. We'll do that. The Health Department and whoever the powers might be. We did all those
20 things in a 60-month, in a 6-month,in a 60-day period. There were several fract tanks there. Even
21 the last fract tank which is temporarily there, the people of the Health Department asked that we
22 remove that,which created a huge expense and a huge inconvenience. We did that. We've washed
23 it down,we wash it down every night,the thing is immaculate,I think they should say how good it
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1 looks,how much better it is than the other facilities. A 6-month continuance to me is just dragging
2 it on and it's like, look we're going to keep our finger on you regardless. We've adhered to every
3 rule that you've asked us to abide by. And took care of all of it,now the, if it's the Planning asking
4 for the 6 months continuance, the Planning all they, I understand and should be worried about is
5 whether it's built right,constructed right. The Health Department's job is to worry about the water,
6 the interpretation of the water quality,the product coming into the product,how dangerous it is. All
7 of those things, how dangerous it is to the local people. The Planning Commission wants a
8 continuance and I'm thinking, wait a minute, who really, the Health Department wants this so we
9 do it,all the sudden the Planning Commission says we want this,we want to continue. I don't think
10 it's fair.
11 The next thing that we're doing a little bit of changing and we've agreed to tell the
12 Planning Department we would submit any new changes. Now, in the prior meeting we had
13 problems with the propane heater booming and bursting. We've shut it off, the last thirty days, so
14 if there's complaints,they're not merited. But,we're going to take that big heater out,take the wall
15 down,we're going to go to a little heater to assure the neighbors that there isn't a huge explosive,
16 volatile piece of equipment out there. So we're going to refine it to the type of heater you see,
17 hundreds of them all over the County of Weld County. Won't be any different from the one right
18 over the hill there, anywhere. So if there's danger to it, there's danger to all of them.
19 The next thing I'm asking for today, is that we can continue to be open to 10:00
20 o'clock at night. Now, 7 to 7 I understand the contractor or the people that build or my designers
21 put that in. That, right now Conquest are staying open from 7 to 10 every night. These are my
22 competitors. This is very, very unfair. We have these daylight hours now, you've got all of these
23 trucks running rampant in Weld County picking up water and disposing of it,here's my competitor
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1 getting a three-hour extension to stay open.
2 CHAIR GEILE: Mike,if I may,I don't think we're here to hear your USR. Because
3 it's been established. What we're here, if you want to change the time,that's another process, as I
4 understand, isn't that right, counsel? We're not here to consider that. What we're here today to
5 consider is the Show Cause Hearing, if we proceed with the Show Cause Hearing or not. We
6 couldn't even make that change today without going through the hearing process to change your
7 USR. So,we can't deal with that today. All we can deal with is just to,ah,the problems associated
8 with the USR.
9 MR. CERVI: Well,all I'm trying to do is short-cut what you all have to approve as
10 quickly as I, I was told not to submit this until this hearing came up.
11 CHAIR GEILE: Submit what?
12 MR. CERVI: This extended three-hour thing, so wait until you get to the hearing,
13 everybody said wait `til, you know,whoever they were, let's get this out of the way and then we'll
14 submit the three hours extension.
15 CHAIR GEILE: Well, the only
16 MR.CERVI: No,I understand what you mean. The point is that basically it's going
17 to come back to you gentlemen, five people, do we let him stay open three more hours or don't we.
18 I'm telling you we can drop that and I'll go through the proper channels,but,you know, I thought,
19 to short-stop all of the things I go through, I've, I can't stand three hours extension with my
20 competitors. I've, I've, the minute I leave here, I'm going to submit the extension and go through
21 the proper channels,then,but I'm sure it's going to end up back here,I'm just trying to get on,but,
22 without bringing that up, I will do that if that's what you're requesting. The point is the six-month
23 extension is unfair,this wasn't the deal I made with you back in January when you told me to clean
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1 the thing up, get it in compliance, do it right,I said you got it. And I did that. Now you're saying
2 six months,I can't,we're,those are the only things I have to bring up. I mean,the six month thing
3 and the other thing will go through the proper channels. But I,I don't want to be under the guidance
4 of a six-month extension,don't think it's fair. You can't continue to do this to a business operating
5 like this when we're in compliance. You know, we've done everything in the world to get into
6 compliance and that's pretty well the story.
7 CHAIR GEILE: Are there any questions that any of the Board has for Mr.
8 Cervi?
9 COMMISSIONER JERKE: Yes,with respect to a manager. Is there,do you know
10 of any kind of school or accreditation that somebody goes to to become a manager of this type of
11 waste disposal facility?
12 MR. CERVI: Well, in the Permian Basin where they run hundreds of disposal,
13 there's only three commercial wells here,well Kauffman takes,but they're. Those other three don't
14 have, those three don't have guidelines. What we have done, though,we've had our managers go
15 through the hazardous waste materials, they have all that data in the office. We've gone to the
16 safety, OSHA came out and okayed us, we've clarified the things for our liability and for our
17 insurance,and for all of those things. We're not in a situation where anything should be that volatile
18 that we feel, in the Permian Basin in Texas, they drive up and deposit it and drive off. They don't
19 have managers,just turn on the pump and put it down. Well we know that isn't going to hold water.
20 But this is probably the first State that's ever had a state of the art down hole injection well such as
21 ours, and we've had the gas and oil people come there and video it. Look at it and ask how we're
22 doing it. Cause they feel that way. Ed Damatio told this is as good a one as we've got. You don't,
23 you don't,you don't, in eastern and western Colorado still evaporative ponds. Utah's evaporative
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1 pond. We're just moving a step ahead, and
2 COMMISSIONER JERICE: Let me ask the question again,then,is there any school
3 or accreditation that somebody can go to and say I'm certified to be a manager of the type of facility
4 that you have?
5 MR. CERVI: Not that I know of.
6 COMMISSIONER JERKE: Okay that's the end of the question I asked. How do
7 we, can I ask Cindi at this point?
8 CHAIR GEILE: Sure.
9 COMMISSIONER JERKE: How do we wind up having somebody that's accredited,
10 get somebody to be a manager,how does that work?
11 MS.ETCHEVERRY: Cindi Etcheverry,Weld County Environmental Health.
12 Ah, I don't know if you would need an accredited manager, but when I go to a facility and I ask
13 where do they dispose of their waste and they don't know,then that is not a knowledgeable manager.
14 A manager that should be on the site,uhm,like Friday when we went to that facility,uhm,there was
15 no manager on site, there were two people on site, and they gave us a phone number to call Mr.
16 Cervi,the phone number was wrong, and there was no manager number. Things like that allude to
17 me the, something's not right. A facility needs to have correct emergency numbers and contact
18 numbers. As far as knowledgeable manager, it's one who can have the right numbers for us if we
19 need them and know how the process works. And you find that out during your inspections.
20 COMMISSIONER JERKE: So there is no real degree or school, it's rather,
21 somebody knowing what the game is and knowing what to do.
22 MS. ETCHEVERRY: Right.
23 COMMISSIONER JERKE: Okay.
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1 CHAIR GEILE: Are there any other comments, Mr. Cervi?
2 MR. CERVI: No, sir.
3 CHAIR GEILE: Okay. Well,we are going to open this up to a public hearing,
4 so this is a public hearing, so, I know there's people in the audience that wishes to address if you
5 would come forth and give your name and, perhaps if you wouldn't mind spelling your name,just
6 for the record, and then your address, too, please.
7 MR. MACDONALD: My name is Brian MacDonald. B-R-I-A-N
8 M-A-C-D-O-N-A-L-D. 18860 Weld County Road 39. Ah, Mr. Cervi, there, he talks about, you
9 know them complying,but,I've got an officer's card right here,you're welcome to call him that he'll
10 tell you they were in there dumping past hours. And that to me says they are not complying.
11 MR. CERVI: I can't hear a thing back here, what he's saying. Can I stand here?
12 CHAIR GEILE: (Inaudible)we can pull a chair up here for Mr. Cervi.
13 MR.MACDONALD: On top of that,you know,there's a guideline that I saw
14 on truck traffic in and out of there. I've heard it claimed before that those aren't his trucks,but,I'm
15 telling you, you know, it points that they are when you see them going in and out of the gate. Ah,
16 as for the hours of run time, you know,when I'm sleeping and I get woke up and I've got to get up
17 early and go to work, I mean, that's not acceptable in my mind. On top of that, you know, I saw
18 some of the final paperwork that he submitted when he went in for his license or however you,you
19 know, get it going, and I saw in there that he claimed that was all ag land to the west of him there,
20 which is my place. Which, yeah,may be zoned ag,but there is residence there and I didn't see any
21 mention of that. So I'd say that he's not in compliance.
22 CHAIR GEILE: Are there any questions for Mr. MacDonald?
23 COMMISSIONER JERKE: How's the noise situation?
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1 MR. MACDONALD: I mean it's, you can still hear pumps running and
2 whatnot over there, so I mean,
3 COMMISSIONER JERKE: The little explosions though?
4 MR.MACDONALD: Well,I can't say that I have heard many of those lately,
5 just like he was saying,maybe he shut it down,but nevertheless,there are other construction noises
6 or whatever they're doing. You know,I'm not going to sit here and banter about what noise is what,
7 because I don't know, but there are other noises during the evening hours, you know, and when
8 you're trying to sleep that's another story. Also,would like to know if I'm going to be informed if
9 he does apply to go until 10:00 o'clock at night. I'd like to be informed in writing, is what I'm
10 leading to.
11 CHAIR GEILE: Counsel,would you explain that process?
12 MR. BARKER: What it would be is either an amendment of the USR, I think
13 that's probably about the only way we can do it,and through an amendment there is the requirement
14 that people within 500 feet be notified in writing,by mail.
15 MR. MACDONALD: That'd be great.
16 MR. BARKER: So that's a requirement.
17 MR. MACDONALD: Thank you.
18 CHAIR GEILE: Are there any other questions for Mr.MacDonald? I did have
19 one, if I may. You say that you have seen trucks in there dumping past the hours (inaudible).
20 MR. MACDONALD: I can give you a copy of this card right here, you can
21 call this officer.
22 CHAIR GEILE: Can you tell us what time you viewed them in there?
23 MR. MACDONALD: Ah, this one here when I was able to call and get a
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1 officer out there to observe it,because what has happened in the past is by the time they get there the
2 truck would be gone. But this one here,he came in approximately a quarter after seven and ran until
3 about seven forty-five dumping. And, like I said, the officer did observe him on the pad.
4 MR. CERVI: Do you have the date on that?
5 MR. MACDONALD: I can get it for you if you'd like.
6 CHAIR GEILE: I'm sorry,Mike,if you have any questions,we'll give you time
7 to come back and ask those questions, but we need to make sure that anybody speaking addresses
8 the Board and no one else. (Inaudible). Is there any other points, Mr. MacDonald?
9 MR. MACDONALD: I think that's about it for right now.
10 CHAIR GEILE: All right. Thank you. I do apologize (inaudible).
11 MR. MACDONALD: Well, you know, I'm here.
12 CHAIR GEILE: Is there anyone else in the audience that wishes to,if you come
13 forth and give your name and address,please spell your name, please.
14 MS. SANTAGATA: Gonna be a long spelling. My name is Marilee Santagata,
15 M-A-R-I-L-E-E S-A-N-T-A-G-A-T-A.
16 CHAIR GEILE: And any comments you'd like to make. Could you also give us your
17 address?
18 MS. SANTAGATA: Oh, 18860 Weld County Road 39, ah, 80645, LaSalle,
19 Colorado.
20 CHAIR GEILE: Now, any comments you'd like to make.
21 MS. SANTAGATA: Yes, I have several. One, I commend this lady for worrying
22 so much about putting houses next to irrigation ditches. I worry about what they put next to our
23 house. Which is industrial, which is cool. But I do commend her for watching out for those
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1 residences. Ah, on April 1st at 9:30 at night, there was heavy equipment working back there.
2 Obviously,they spilled something or they got behind on something. But at 9:30 is when I recorded
3 it. It continued on for a while, but I wrote it down because I didn't want to stand by the calendar
4 until they were done. On 3/24 at 6:30 in the morning,they let people in. So in the last 30 days,yes,
5 Mr. Cervi,has cleaned up his operation. And it's very nice,but like, Saturday of this week,we had
6 loud rock and roll music coming over the intercom,the PA system back there. So loud that my 13
7 year old granddaughter complained. That's got to be loud. Somebody doesn't like us,or maybe they
8 don't like him. They're trying to get him in trouble, who, we don't know.
9 Also,I'd like to know from all you people,and maybe even Mr. Cervi,I am a retired
10 woman, I have my 13 year old granddaughter, she's going to be there all summer. When these
11 alarms go off,do I go to the basement? Do I hide in a door,or do I vacate the premises? Is anything
12 going to explode, is it going to kill us? I would like some answers. It's not fair. I haven't heard as
13 many alarms going off back there,but there are alarms going off. When the alarm goes off what do
14 you do, do you go to the basement? Do you go outside, do you run to the street? What do you do
15 with an alarm? I just thought maybe you people had the answers. Our place is within 100 feet of
16 the back fence of Enviro-Cycle. I would like to see them work, maybe from 7 to 7, but if you put
17 them until 10:00 o'clock they're still running 24 hours,that's only when the trucks can come there.
18 They still run 24 hours, they still dump stuff. But they don't dump it from the trucks. They're
19 processing it 24 hours a day. But if you let them come in there until 10:00 o'clock at night, my
20 son-in-law has to get up at 4:30, and they jake brake it all the way down the highway when they're
21 coming in there to turn. It's not fair to us. Please help us.
22 CHAIR GEILE: Are there any questions the Board may have? Okay, thanks
23 for your patience this morning. Is there anyone else in the audience who wishes to speak to this
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1 matter? I'll close the public hearing. Mr. Cervi, you pretty well heard what was said, do you have
2 any comments or anything else you want to address the Board before we make a determination?
3 MR. CERVI: Well, in regards to the noise of the trucks, you're going to have the
4 trucks coming and going whether we're open or shut,because they come by there all the time to go
5 to these different facilities. And when they jake brake at nine at night,they're not coming into our
6 facility. Now, the gentlemen mentioned he had a curfew officer that gave the time, I think my
7 manager called you the one day, Cindi, that we had a fellow come in at either a quarter to seven or
8 seven,but he couldn't leave until he unloaded, and that's the only rule infraction that we know of.
9 My people tell me, and the gates do not open until 7:00 o'clock. Any morning. As far as the sirens
10 go, the, those are just sensors, warnings if a tanks high, to keep them from running one over. All
11 those are a safety precautions to take care and run the facility. That's all the comments I have.
12 CHAIR GEILE: Are there any questions that the Board might have?
13 Commissioner Jerke.
14 COMMISSIONER JERKE: Mike, how long would it take you to do the kind of
15 training that you should do, apparently, to make sure that you've got a manager on scene virtually
16 all the time? When you're in operation?
17 MR. CERVI: Well,when Randi gets back from her seminar,we're willing to set up
18 a guidelines and make every lead man of every shift answer certain questions. Environmentally
19 disposed of,waste,I mean,the lead man that's on shift, Cindi mentioned he should know where the
20 waste management goes,well,we can qualify him and tell him it goes to such and such Tower Road,
21 CSI. We can do that. I'm not quite sure the advantage of telling one of the lead men, because he
22 won't be, the main manager will be in control of any waste movement. We can tell him, though,
23 where it goes,but it'll only go certain times of the day when the manager is there. There is manifests
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1 that go with it, he can't fill those out, we fill them out because they're a guarded thing for the
2 disposal and for our way of disposing of things. We can put, we can give every lead man a set of
3 rules that he has to answer to us,if he can't he doesn't have the job. And they'll all include it,about
4 the environment,chemicals,they won't be where does the waste management go unless you request
5 that. I can, I have no problem in doing that, we, we're the first to make them all wear hard hats,
6 we're the first to hire Bob Gray on an hourly basis to inject,he got OSHA out there,which I thought
7 was a mistake, but he got them out there to approve it. They come every six months and approve
8 it. So I mean,we've gone overboard to try to make it a safe facility. You know,if you have a school
9 that says waste disposal, down-hole operators, to get a certificate, I'd have no problem in sending
10 all my crew to it. Help my insurance and my liability and a lot of things. But they're not out there,
11 believe me.
12 COMMISSIONER JERKE: Thank you.
13 CHAIR GEILE: Are there any other questions of Mr.Cervi? If not,thank you.
14 MR. CERVI: Thank you.
15 CHAIR GEILE: I'll, ah, let's see,I closed the public hearing, so, ah, Bethany,
16 it looks like we have, correct me if I'm wrong, three approaches we can make this afternoon.
17 Number one we can close,we can close the issue(inaudible). The second thing is we can set it for
18 a Show Cause Hearing, or the third thing is we can proceed to six months for certain issues to be
19 clarified or resolved, is that correct?
20 MS. SALZMAN: To the best of my knowledge, yes, that's correct.
21 CHAIR GEILE: I wonder if you would just, you know, (inaudible). If you
22 would just, say, for just a moment, going back through and explain to us why this is still an active
23 complaint. We've had(inaudible)presented to us.
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1 MS. SALZMAN: Okay. The current reasons,why it's currently open is because
2 the under drain does have fluids in it, and those under drains, the under drain is supposed to be
3 inspected by-weekly with a log maintained, showing measurements, what's in there, where it was
4 sent,the chain of command, and everything. Cindi could go into more detail than that. Currently,
5 as of last Friday, we informed Randi what needed to be done. We have informed through three
6 separate letters,along with informing Randi last Friday what needed to be done to maintain that log,
7 as required per their USR. So that's still an open violation because currently it hasn't been proven
8 that it's been brought up to the standards yet. That won't be done until June. Additionally, the
9 knowledgeable manager. Ah,we're hearing today that the hours of operation are at issue, but that
10 has not, that's not something that we were made aware of before today.
11 MS. ETCHEVERRY: Actually, they have called on two occasions.
12 MS. SALZMAN: Previously, right?
13 MS. ETCHEVERRY: Yes.
14 MS. SALZMAN: Additionally, the Waste Management Plan, ah, currently we
15 received a rough draft of that and, as well,that was they were, Enviro-Cycle was notified numerous
16 times that that needed to be submitted. Ah,dating clear back to November 30, 1999. As to date we
17 only have a rough draft in the office so a final Waste Management Plan would need to be completed.
18 Additionally,the other concerns were just the reason that we're requesting a continuance is that fract
19 tank cleaning continued after numerous letters notifying them to cease. And that would include
20 dating clear back to September 13, 2000, and, as far as we are aware, when it quit was upon the
21 inspection,fract tank cleaning was no longer occurring as of March 8,2001. But they were notified
22 September 13, 2000,November 2, 2000, January 3, 2001, ah, additionally, the water under drains,
23 that dates back to June 29, 2000, with additional letters. Ah, they continued to operate without a
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1 recorded plat, that is in direct violation of their Conditions of Approval. There were letters sent
2 June 29, 2000, January 2, 2001, the plat was received on April 25, 2001. I already mentioned the
3 Waste Disposal Plan.
4 CHAIR GEILE: (Inaudible).
5 MS. SALZMAN: April 25, 2001.
6 CHAIR GEILE: Is that it?
7 MS. SALZMAN: Yes.
8 CHAIR GEILE: Are there any questions of Bethany? As I say, we have three
9 options. One is to close the violation,one is to set it for a Show Cause Hearing again when there's,
10 give a six-month extension to (inaudible)
11 MR. BARKER: Mr. Chairman, I think this is a Show Cause Hearing, so you
12 would be continuing the Show Cause Hearing.
13 CHAIR GEILE: Okay.
14 COMMISSIONER JERKE: My question,Bethany,I guess,is what's magical about
15 six months? Mr. Cervi doesn't even want it to go anywhere near that long.
16 MS.SALZMAN: Bethany Salzman. There is nothing magical about six months,
17 ah,it was just we wanted to make sure that we gave them enough time to complete and finalize the
18 Waste Management Plan, to bring their managers, whatever need be, up to where they know how
19 to run an injection well and any emergency phone numbers and such. Ah,additionally,to make sure
20 that the June sampling went according to Health Department necessities. Ah,the six month isn't a
21 requirement,that was just,we were just trying to make sure that they had adequate time to bring all
22 those things up to. If that time wanted to be shortened,that would be fine. We're just trying to make
23 sure that the remaining situations are taken care of and that it does remain in compliance. And if,
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1 I know the concern that Mr. Cervi has is that this will hanging over his head for six months,if there
2 are no violations, then there would be no concern. So.
3 CHAIR GEILE: Bruce,just to make sure that I know where we are today. This
4 is continuance that we're into today, so the options that we have is to refer it to you
5 MR.BARKER: No,this is a Show Cause Hearing. At the Show Cause Hearing
6 you have the ability to go ahead and revoke the Permit or go ahead and,another option is to continue
7 the Show Cause Hearing, or the third option is to go ahead and dismiss the Show Cause Hearing.
8 Those are the three options.
9 CHAIR GEILE: Okay. Mr. Cervi, is there anything else you wanted to add to
10 your
11 MR. CERVI: This young lady had mentioned some of the reasons for the Show
12 Cause Hearing,to continue. When we opened it back whenever,we had the plats. There with Judy,
13 Julie,Chester is it? We had the plats there. The identical ones I signed the other day,they have been
14 in that office of Planning and Zoning for 14 months. The identical, all the sudden, who had
15 misplaced them? I took them in,got a woman to sign. The plats have been there for 14,or whenever
16 we. Number two, Randi gave you a sampling of the inches and the time she checked the water.
17 Gave you back when she came on duty, right?
18 MS. ETCHEVERRY: I received that Friday.
19 MR. CERVI: Right, but was all in
20 MS. ETCHEVERRY: And for,just that they, about five weeks
21 MR. CERVI: Well, whenever she's been there.
22 MS. ETCHEVERRY: She still hadn't done all the parameters that she was
23 supposed to do.
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1 MR. CERVI: Well, and if you'll look in my thing, it says every six months I shall
2 test the water and bring you the results. And we've done that, now. And you've had clear results
3 up to now. Correct or incorrect?
4 MS. ETCHEVERRY: Incorrect.
5 CHAIR GEILE: Well, let me, what points do you have that you want
6 MR. CERVI: Those are the, the Show, the reasons that Sylvia has brought up, or
7 Bethany,I'm sorry,Bethany. That she's brought up those reasons aren't valid because half of them
8 we've complied with, a year and a half ago, two years, we well,we were in compliance the day we
9 opened. I mean, we can verify all that.
10 CHAIR GEILE: Okay,is there any questions anybodymight have for Mr. Cervi.
11 Okay. We going to (inaudible). Discussion?
12 COMMISSIONER JERKE: Yes, from my perspective I would like to give three
13 months, something(inaudible) the Health Department comes in with something, in June?
14 MS. ETCHEVERRY: Actually, their next scheduled sampling is June and,
15 we have had, what has happened is they were scheduled for December sample, it just got sampled
16 in March. They are not holding to a sampling schedule like they need to be. The next one is June.
17 (Inaudible).
18 COMMISSIONER JERKE: Who's responsibility is that to do the sampling?
19 MS. ETCHEVERRY: That is the facility's responsibility.
20 CHAIR GEILE: Okay, is that a motion, Commissioner?
21 COMMISSIONER JERKE: Yeah, I'll move for a continuance for three months.
22 COMMISSIONER MASDEN: I'd second that.
23 CHAIR GEILE: Okay, it's been moved by Commissioner Jerke, seconded by
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1 Masden to continue the Show Cause Hearing for three months, further discussion?
2 MR. BARKER: Mr. Chairman, can we get a date certain?
3 CHAIR GEILE: Okay.
4 MR. BARKER: I think a look on the calendar,
5 COMMISSIONER MASDEN: When is their sampling supposed to be?
6 MS. ETCHEVERRY: Mid-June.
7 MR. CERVI: We can have it prior to the hearing if you will tell when you're going
8 to have the hearing.
9 MR. BARKER: I would suggest a Wednesday.
10 (DISCUSSION - UNKNOWN INDIVIDUALS REGARDING DATES)
11 CHAIR GEILE: Esther, would you go find out very quickly.
12 CLERK: July 25th?
13 CHAIR GEILE: Yeah. (Inaudible)
14 (PAUSE)
15 CLERK: Okay, all but Bill will be here on that date.
16 CHAIR GEILE: Okay, so we'll go ahead and schedule it July 25th. Do you
17 have a problem with that, Mr. Cervi? One member will be absent.
18 MR. CERVI: No, sir.
19 CLERK: 10:00 o'clock.
20 CHAIR GEILE: The only question I have is I don't know if it is possible or not,
21 to continue to hear concerns about trucks in the facility, before an dafter operation times, and also
22 there seems to be a question about are those trucks going into the facility or not. I guess I'd like to
23 know a little bit more about if there are violations concerning operations(inaudible)if that is going
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1 on,what you have done to resolve that. And the second thing would be anything that you've done
2 to resolve the, to resolve the noise (inaudible). Is there any further discussion on the motion? So
3 we will schedule a Show Cause Hearing on July 25th at 10:00 o'clock, the Hearing Room
4 downstairs, and we won't be this late getting it done. If there is no further discussion, all in favor
5 signify by saying aye.
6 COMMISSIONERS JERKE, LONG, MASDEN, AND VAAD: Aye.
7 CHAIR GEILE: Opposed, same sign? For the record, the motion carried.
8 Thank you, Mr. Cervi.
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