The URL can be used to link to this page

Browse Search

Home My WebLink About20010276.tiff RESOLUTION RE: APPROVE AGREEMENT FOR ODOR OBSERVATION AND AUTHORIZE CHAIR TO SIGN - NATIONAL HOG FARMS, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Agreement for Odor Observation between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and National Hog Farms, Inc., with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Odor Observation between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and National Hog Farms, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of January, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: Led, La� � eac ,y. . M. J. eile, ir Weld County Clerk tot 1161o:I( :�=; c�.. w G enn Vaac,i� BY: Co i___. 1� tcr � i,Aa �, /—„ Deputy Clerk to the Bo �W Of�.. Willi Jerke AP AST RM: QAPI \ fin Davi E. ong 16132 ty A o rey Robert D. Masden � N�- 2001-0276 C HL0028 t nn (its ta-Lit. Memorant,UM 26 TO: Mike Geile, Chairman, Sere af,County ' Commissioners ' i`= C 1 CDATE: January 15, 2001 COLORADO FROM: Mark E. Wallace, MD, MPH, Department of Public Health and Environment SUBJECT: Odor Observation Agreement with National Hog Farms, Inc. Enclosed for Board review and approval is an agreement between National Hog Farms, Inc. (NHF) and the Weld County Department of Public Health and Environment (WCDPHE). Under the terms of this agreement, WCDPHE will conduct odor observations at the NHF facility, located east of Kersey. NHF is required, through a "Compliance Order on Consent", to contract with a third-party independent contractor to obtain odor observations at three locations at the facility boundary. WCDPHE is fulfilling the role as a third-party independent contractor. WCDPHE is conducting these observations at an hourly rate of$35.00 plus expenses. It is anticipated that the WCDPHE will be paid approximately $2,000 to conduct these services. The term of the agreement is the date of signature through approximately March 15, 2001. I recommend your approval of this agreement. Enclosure 2001-0276 RECEIVED AGREEMENT JAN 2 4 2001 INISIAENMAL NEALTN SERVICES This Agreement is executed this,,79'day ofJanuary,2001,betweenWWeld County,Colorado and National Hog Farms, Inc. ("NHF"). 1. On or about December 20,2000,NHF and the Colorado Department of Public Health and Environment, Air Pollution Control Division executed a Compliance Order on Consent covering activities at NHF's Kersey, Colorado facility ("Facility"). Paragraph 18 thereof provides: "Not later than December 29,2000,NHF and the Division shall agree upon a third- party independent contractor that will perform three odor concentration measurements per interval at the Facility boundary at locations on the east,southeast and south boundaries of the Facility. NHF will ensure that odor concentration measurements are performed at intervals of not more than fourteen days, beginning a January 5, 2001 and continuing throughout the period any process wastewater is stored under the confinement structures. The contractor shall perform and analyze measurements in accordance with sections II1.A and S. of Regulation No. 2 and the Division protocol for such measurements. Results of these measurements will be provided to the Division and NHF contemporaneously and shall be binding upon both parties. NHF shall pay all expenses for performance of these measurements and for any further analysis thereof which proves necessary. This schedule for odor concentration measurements may be modified upon written mutual consent of the Parties." 2. Weld County,Colorado,through its Department of Public Health and Environment, hereby agrees to act as the third-party independent contractor referenced in paragraph 18 of the Compliance Order on Consent. 3. NHF specifically agrees to pay Weld County for the performance of the odor concentration measurements referenced in paragraph 18 of the Compliance Order on Consent and for any further analysis thereof which may prove necessary. Weld County shall be reimbursed at the rate of$35.00 per person/hour plus mileage(currently $.305 per mile). Two Weld County staff members shall be present during a collection of all odor concentration measurements. 4. The three odor concentration measurements shall be taken at the Facility boundary at locations on east, southeast and south boundaries of the facility. A Facility map is attached hereto as Exhibit A. The exact locations shall be determined by Weld County, but shall be within the boundaries of those areas outlined as the"east side","southeast side"and"south side" on Exhibit A. A stake or other measurement location object shall be placed at the initial site of the measurements such that the same location can be utilized for each 1 JAN 09-20U1 TUE. U2: 39 FM TkUUI & P,ALEY, P. U. FAX NO, .10 J!]32gg6P P. U3/0b subsequent measurement. NI-IF shall be responsible for any costs associated with the placement of such location instruments, 5. The first measurements shall be take on January 5,2001,with subsequent odor concentration measurements to be performed at intervals of not more than 14 days. Measurements shall continue throughout the period during which any process wastewater is stored under the confinement structures at the Facility. 6. Weld County agrees to take the measurement samples in accordance with Sections III.A and B of Regulation No.2 and any Division protocol established for such measurements. A copy of Sections III.A and B of Regulation No.2 are attached hereto as Exhibit B. Specifically, two odor measurements shall be made at each of the three locations within a period of one (1)hour,with these measurements being separated by at least fifteen(15)minutes. 7. Though the Compliance Order on Consent does not dictate any time of day for such measurements, Weld County will attempt to alternate the measurements (to be taken at intervals of not more than 14 days apart)between the morning and afternoon time frames. 8. NHF agrees to provide Weld County with free access to the Facility for the purposes of taking the above-referenced measurements. 9. Weld County agrees that the results of the measurements will be provided to the Division and NHF contemporaneously. WELD COUNTY BOARD OF COMMISSIONERS By: Date: January 29, 2001 . J. Geile, Chair (01/29/2001) NATIONAL HOG FARMS,INC- By: 'CI Date: O( (Z.-40 1 W COUNTY DEPARTMENT OF PUBLIC HEALTH QNDT IRON NT BY: ti Mark E. Wallace, MD, MPH-Director C',\Dau\PIFHI RWHF\WtId Cry Agnmwpd 2 IP 9AU ! 4!w 4 3 WELLS WELLS - 1'eonCN RANCN RANCH EXHIBIT �.. ,au_ m[«�_�"4 .32 ;10 $f 12 23 24 19 20 21 ID min al•coos 12, +�7� _.._..� rFM�~s STATE WELLS J �! +c.yf J F .1 P RANCH?e T 26 25 ' S 29 as c •4 29 R4 �■ 3• STATE WELLS PAUL W STATE RANCH BR.WAYN� WALTER �4=j 9 34 36 38 31 32 33 34 m 38 az ID ;s: "WELL Ilk \ STATE WELLS I RANCN _ * RAN ID • S 4 3 2 I 8 9 4 2 I 0 , WQIN WELLS STATE II CM c .O FIR a RANCH 7 S INC.9 Wa II t2 7 8 9 10 II R sp8 `,J ID _P , +WELLS ,, ... _ g AT L__,14 RANCH . NOG FAR ,. INC. / II r r7 ��s 19 14 II 17 / 19 / 19 STATE 13 ® NATIONAL .: JT NATIONAL • LS"•.� STATE N00 FAST . ..' - 4NC. 21 22 23 24 re 20 22 23 24 II 4 IL .-.sx^y� +y l '. 4.4-f +4Nc 1-' 3l ' : , .-._, isff n'Ls i Ci a '� .+t[ 2�� y 4r STATE 1 es • t � • 7r�` 34 YS inv.!'....•\ AA •CaA.A.< ..` .» ARNs, !'19� • ►�1\ \ qLam\\\ Ioiri'I ip WETCO y1 ,.'- V I ;1 J ' FARMS e1 ( •n1\1 ‘ • Aw, .��STI•?y l . 'CR; p•_ ..1A'4 t�,r _ IMC. •mod �' a I�`�♦ k.,.9: w1�ra � 'CJ CJ• I rte 3 yyA^ �li 4�j4>•�� •�� ? _._: t j 34 I SEN L..- CO. �, A .NAL 7! > yF4� gnu u FARH f 5 it f N . 0 , 9 b NO611 RNC. 4 ,INC. gS, pi INS z_.,,,, �L'.Lun cr» EE 17 19 19 - 1.4 A M, US S cd C:T^ 19 W a I . f\ EW u3 MN9 INC MIKE STATE +mss '� 1 � --\WC .� . - CERVI CERVI \ EARNS F MS, ) 20 a 22 23 24 19 20 �. • a1NC .._ U EO US 1`I 34 I` 5 r f 1•`--+ FARMS INj��•. SENT O CO.. J .1 J� NORTHER NORTHERN i 29 28 2'T 26 29 TRUST CO. TRUST Co. Q I 26 TRUSTEE 29 RUSTEE �,Q' iM/NE STATE NIKE I CERVI CERVI 34 _39 39 31 32 33 30 1 National Hog Farms i ER EN 9 Co. J '1 IT 1999 Kersey,Colorado 3 4 _.a2 t .- CH2MHILL EXHIBIT Page 6 Means any process-generated wastewater used in a housed commerci • feeding operation, including water used for feeding, flushing, or washin 1 ATTU any water or precipitation that comes into contact with any manure, urine, or any product used in or resulting from the production of swine. As used in this Part B of Regulation No. 2, "process wastewater" shall mean "swine feeding process wastewater." II.S. Utilizes Air or Oxygen • - Means a waste treatment method that utilizes air or oxygen at a minimum at one (1) part per million of dissolved oxygen throughout the liquid column of the impoundment or a waste treatment method that is designed to meet the oxygen demand of the waste loading. II.T. Waste Impoundment Also termed "impoundment", means a facility or part of a housed commercial swine feeding operation which is a natural topographic depression, man-made excavation, or diked area formed of man-made or earthen materials, which is used for the storage, treatment, evaporation or discharge of pollutant-containing wastewater, waste solids, sludge, or associated sediment from a housed commercial swine feeding operation. II.U. Watershed Means a hydrologic unit no larger than an eight (8) digit unit as displayed on the U.S. • Geologic Survey 1974 Hydrologic Unit Map for the State of Colorado. The phrase "watersheds that are hydrologically connected" shall mean watersheds that are contiguous and tributary to the same four-digit unit. Provided, that two (2) or more housed commercial swine feeding operations shall not be considered to be located in the same watershed or in watersheds that are hydrologically connected if the owner or operator demonstrates that there is no reasonable potential for the operations to result in a cumulative impact on water quality at any one (1) location. III. Odor Standards for Housed Commercial Swine Feeding Operations III.A. Odor Concentration Standard at Property Boundary III.A.1. All housed commercial swine feeding operations shall manage odor emissions from all aspects of the operations such that odor emissions from the operations shall not be detected at or beyond the property boundary after the odorous air has been diluted with seven (7) or more volumes of odor free air. III,A.2. For the purposes of this Part B of Regulation No. 2, two (2) odor measurements shall be made within a period of one (1) hour, these measurements being separated by at least fifteen (15) minutes. These measurements shall be made at the property line of the property from which the emission originates. M.S. Odor Concentration Standard at Any Receptor • • ' 7" - 1001-4 CODE OF COLORADO REGULATIONS JHN U.`f-ZJUt IUt ., ., i i;HUz,, Mt) V. lit,'Up C 1999 Daily Journal Corporation All Rights Reserved 22 CR 3, 3-99 Page 7 • III.8_1 All housed commercial swine feeding operations shall manage odor emissions from all aspects of the operations such that odor emissions from the operations shall not be detected at any off-site receptor after the odorous air has been diluted with two (2) or more volumes of odor free air. For purposes of this Section 111.0. of Regulation No. 2, the term "receptor" shall mean any occupied dwelling (occupied as a primary dwelling) or curtilage, public or private school, place of business, or the boundaries of any • incorporated municipality that has not waived the protection established in this Part B of Regulation No. 2 in a manner procedurally consistent with section 25-7-138(4), C.R.S., and Section V.B.2., Part B, of this Regulation No. 2. III.B.2. For the purposes of this Part B of Regulation No. 2, two (2) odor measurements shall be made within a period of one (1) hour, these measurements being separated by at least fifteen (15) minutes. These measurements shall be made at the receptor. IV. Technology Requirements for Process Wastewater Vessels and Impoundments IVA. Anaerobic Process Wastewater Vessels and Impoundments IV.A.1. New or Expanded All new or expanded anaerobic process wastewater vessels and impoundments, including, but not limited to, waste treatment or storage impoundments, • constructed or under construction for use in connection with a housed commercial swine feeding operation, shall employ an approved cover so as to capture, recover, incinerate, or otherwise manage odorous gases to minimize, to the greatest extent practicable, the emission of such gases into the atmosphere. Requirements concerning the use and maintenance of the technologies employed shall be included in the permit to operate for the housed commercial swine feeding operation. All new anaerobic process wastewater vesSels and impoundments shall meet the setback requirements of Section V., Part B, of this Regulation No. 2. IV.A.2. Existing On or before July 1, 1999, all existing anaerobic process wastewater vessels and impoundments, including, but not limited to, aeration tanks and waste treatment or storage impoundments, owned or operated for use in connection with a housed commercial swine feeding operation, shall employ a cover as provided in Sections IV.A.3.a. through IV.A.3.d., Part B, of this Regulation No. 2 so as to capture, recover, incinerate, or otherwise manage odorous gases to minimize, to the greatest extent practicable, the emission of such gases into the atmosphere. Requirements concerning the use and maintenance of the technologies employed shall be included in the permit to operate for the housed commercial swine feeding operation. CODE OF COLORADO REGULATIONS 5 CCR 1001-4 Hello