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Home My WebLink About20010909.tiff Kit DEPARTMENT OF PLANNING SERVICES Code Compliance Division 111 O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 **Amended** January 3, 2001 Mr. Mike Cervi Enviro-Cycle LLC PO Box 117 LaSalle, CO 80645 Subject: ZCH-2000-002, Part of the NW4NW4 of Section 32, T4N, R65W of the 6th P.M.,Weld County, Colorado Dear Mr. Cervi: Notice is hereby given that on Monday, January 15, 2000, at 9:00 a.m., the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 24.8.1 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioner's Hearing Room,Weld County Centennial Center, 915 101h Street, Greeley, Colorado. The purpose of this public hearing will be to review case number "USR-1198" for compliance with the Development Standards as approved by the Board of County Commissioners on May 19, 1999 to determine if probable cause exists to hold a hearing of revocation of USR-1198. An inspection by representatives of this office and the Department of Public Health and Environment have determined that you are not in compliance with the following Development Standards: 1) Standard #3, the facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. • As requested in a letter from the Weld County Department of Public Health and Environment dated June 29, 2000, your semiannual analytical report showing that contamination does not exist in the underdrain has not yet been received. • Currently "Frac Tank Cleaning" is occurring on the property and according to"USR-1198"this is not an approved use;therefore,prevention of contamination of soil and groundwater can not be ensured. • Additionally, a letter from the State of Colorado Oil and Gas Conservation Commission dated November 8,2000,notified you regarding contamination due to the dumpster leaking possible contaminated fluids onto the ground surface. 2) Standard#4,a manager,knowledgeable in operating an injection well,shall be on site when the facility is receiving waste. • During several inspections conducted by the Weld County Department of Public Health and Environment, the manager was not knowledgeable with waste management operations of the facility. 2001-0909 Mr. Mike Cervi ZCH-2000-002 December 18, 2000 Page 2 3) Standard #6, a four-foot square sign, not to exceed 16 square feet, shall be posted at the entrance gate listing wastes accepted, hours of operation, 7:00 a.m. to 7:00 p.m., and twenty-four hour emergency telephone number. Complaints have been received that the hours of operation as set forth in this condition are not • being met. Additionally,the Weld County Department of Public Health and Environment can concur that the facility is accepting waste after 7:00 p.m. 4) Standard#7,any waste generated on the facility shall be disposed in accordance with the Colorado Solid Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation, or law. As requested in letters from the Weld County Department of Public Health and Environment • dated November 30, 1999,June 29, 2000 and September 13, 2000, a plan as to how you are or will be disposing of wastes has not been provided. • Large volumes of waste generated on site are not generated from E&P waste injection services. 5) Standard#13,the facility must be entirely fenced and shall maintain locking gates during periods when the facility is closed. • During several inspections conducted by the Weld County Department of Public Health and Environment, the hours of operation were not in compliance, the gate was not locked after hours of operation (See Memo dated November 20, 2000 by the Weld County Department of Public Health and Environment and Memo dated November 29, 2000 by the State Department of Public Health and Environment). 6) Standard#15,this facility must comply with the laws,standards, rules and regulations of the Air Quality Control Commission,the Water Quality Control Commission,the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Conservation Commission, any other applicable agency, and all applicable Weld County zoning laws and ordinances. • A letter from the Colorado Oil and Gas Conservation Commission dated November 8, 2000, stated that you were not in compliance with the Colorado Oil and Gas Conservation Commission's rules in regard to frac tanks being washed out and associated petroleum contaminated soils being stored in a leaking dumpster. 7) Standard #16, any petroleum contaminated soils on the facility shall be removed and disposed in accordance with all applicable rules and regulations. In the same letter mentioned above from the Colorado Oil and Gas Conservation Commission • dated November 8, 2000, it was witnessed that contaminated soils were being stored in a dumpster in which fluids were leaking onto the soil. Upon an inspection conducted by the Weld County Department of Public Health and • Environment on August 25, 2000 and addressed in the letter(as follows) dated September 13, 2000"Frac tanks are being washed out on the concrete pad,the petroleum contaminated soils are being drained on the concrete pad and collected into a leaking dumpster." Upon an additional inspection conducted by the Weld County Department of Public Health • and Environment and the Colorado Oil and Gas Conservation Commission on October 26, 2000 and addressed in the letter (as follows) dated November 2, 2000 "Frac tanks are being washed out on the concrete receiving pad,the petroleum contaminated soils are being drained on the concrete pad and collected into leaking dumpsters for transport to a land farm." Upon an additional inspection conducted by the Weld County Department of Public Health • and Environment and myself, Zoning Compliance Officer with the Weld County Department of Planning Services on December 8, 2000, another dumpster containing petroleum contaminated soils was seen; however, was removed before it could be determined whether an adequate lining had been established. Mr. Mike Cervi ZCH-2000-002 , December 18, 2000 — Page 3 r 8) Standard #17, the concrete receiving pad shall be cleaned at a frequency that prevents oils and other wastes from building up on the pad. At a minimum,the pad shall be washed daily, with a jet hose to remove any waste build-up. • During the above mentioned inspections conducted by the Weld County Department of Public Health and Environment the pad was not free from oil and other wastes as can be seen in pictures taken of the pad. 9) Standard#31,the Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning - Services. • In several letters from the Weld County Department of Public Health and Environment it was advised that"frac cleaning"was not an approved use permitted under"USR-1198". • Waste management practices are not according to the waste management plan observed in the Department of Planning Services. • Additionally, several additions of tanks have occurred that are not proposed on the plat map. 10) Standard Item #32, the property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. • Please review the above-mentioned Development Standards that are in noncompliance. '—. If it is determined at the public hearing that there is probable cause that you are not in compliance with the Development Standards of USR-1198,the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Use by Special Review permit. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Z 130 055 923 US Postal Service C��1� Receipt for Certified Mail No Insurance Coverage Provided. Bethany Salzman Do not use for International Mail(See reverse) Zoning Compliance Officer Sent to ENVIR0—CYCLE (ATTN: MR. MIKE `---- Street&Number PO BOX 117 CERVI) �rCL�Y/a,�7c-7 Post Office,State,&ZIP Code LASALLE, CO 80645 Cindi Etcheverry Postage $ Department of Public Health and Environment Certified Fee pc: ZCH-2000-002 Spedal Delivery Fee Julie Chester, Lead Planner Monica Daniels-Mika, Director, Department of Planning Services Restricted Delivery Fee TrevorJiricek, Director, Department of Public Health and Environment rn Return Receipt Slowing to Board of County Commissioners = Whom&Date Delivered Bruce Barker, County Attorney n Return Receipt Showing to Wham, a Date,&Addressee's Address Randall Ferguson, Colorado Oil & Gas Conservation Commission c O TOTAL Postage&Fees $ SERVICE,TEAMWORK,INTEGRITY,QUALITY CoPostmark or Date E - LL CD a ;, �, ; n rg:t ... l ^ ff : J - = - Si A- i 7 . . 1 1 i II 1 .... , . . r , ' : I , -_— • \)t:eti‘ , py /// i .\ ! L.' it. i 11 . {_` _ d I S . A I - 'S $ C r iz , . c. is • it jcioa_ A li EP ELI it-. eigssje s - - a7 . . ti Li 40 ' Sr • AliSa.."4"C"- • c ■ ® i r .• tS •:; 1k.._.._ I. • • ,r_ - ;.1 i it . . I.} % j . ,. J y f 1 • r • . , - t / __ , • • r ♦ '•a - ,..‘ f )11" - .�. .r_ es a SS*C W‘r \\**4- %kt eeEo�oe��«��o stsso v o�� 'Q`11aaati..a�e . . k._ t ♦. Raj 1 N i ` = ,_ I 17:71111 I .4 . \ AI 4 . • 1 ' t eke ,t4 iii - J.• \ ' .. S ., • -11 ----! .- lia' . . , _ etr As k .lig - k S jrt *k. . i Pt 1 - ilk- ilir . ' a : , -„`��» . � � «y: y_44,-, > «« » al.�\ "of., »? : w ,no, < . � . : • . . . . . « %^ , a _ rieto DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 17TH AVE GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us ip ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 December 1, 2000 Mike Cervi, Enviro-Cycle, LLC P.O. Box 117 LaSalle, CO 80645 Subject: Enviro-Cycle, LLC - Complaint Investigation Dear Mr. Cervi: The Weld County Department of Public Health and Environment received a complaint on November 14, 2000 May 16, 2000, concerning Enviro-Cycle, LLC, located at 19094 Weld County Road 40. The complaint alleges that the activities at Enviro-Cycle are generating severe vibrations in the ground, and within the walls of homes. Additionally, a constant`roar' is heard and is accompanied by sudden bursts of noise. The complainant also alleges that the constant vibration is causing damage to residential water wells, and occurrences of periodic strong natural gas odors are emanating from the facility, causing nausea and other health concerns. On November 14, 2000, I investigated the complaint. The purpose of the investigation was to inspect and assess the facility's compliance with the development standards set forth in Use by Special Review Permit#1198 (USR-1198). The facility has been observed for each of the allegations described in the complaint. Below,I have indicated the allegations, observations, and findings concerning the investigation: 1) Vibration-It appears the heater treater unit may be the cause of the vibration. This vibration is substantial,causing the homes in the vicinity and ground to vibrate. The vibration seems to increase after hours of operation. Please determine the cause and correct the situation. 2) Noise - A constant roaring noise and sudden bursts of noise similar to a cannon shot is heard. During the investigation constant roaring and bursts of noise was heard within the homes. The noise increases after hours of operation. On November 20,2000,Linda Pavelka of the Colorado Oil and Gas Conservation Commission went to the facility to investigate the noise and vibration complaint. She conducted a noise level test whigA �claitttfing Dept, residential areas. Please reduce the level of noise at the facility. 3) Odor- No odor was detected at the time of the investigation. ' ' 0) 2000 RECEIVED Envirocycle, LLC P.O. Box 169 Sterling, CO 80751 sa t t n E December 4, 2000 CL, g 7 . JD ENVIHHbmiunAL Ea.; Ms. Cindi Etcheverry Department of Public Health and Environment 1555 N. 17th Avenue Greeley, CO 80631 Dear Ms. Etcheverry: This letter is in response to your letter dated December 1, 2000, in regard to the complaint investigation at Envirocycle. We are currently putting up a new fence, which is 40% complete at this time and should be completed by the middle of December. We feel once this is complete it will correct the vibration and the noise. This should also correct any problems with water wells. Sincerely, Mike Cervi Mike Cervi, Enviro-Cycle, LLC December 1, 2000 Page 2 4) Degradation of Residential Water Wells-Constant vibration causing damage to residential water wells has not been substantiated. Additionally, the investigation found the following: 5) Waste Acceptance - Development Standard# 6, states that hours of operation will be from 7:00 a.m. to 7:00 p.m.. During the investigation it was found that the facility is accepting waste during the night. Please discontinue waste acceptance practices after designated hours of operation. Additionally,be advised, according to Development Standard#4, a manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. Please provide a comprehensive written response to the above within ten(10) days of the receipt of this letter. Include in the response the specific actions,and time frames that will include the specific actions, that you will take to correct the above. If you have any questions, I may be reached at (970) 304-6415, extension 2220. Sincerely, Cindi Etcheverry Environmental Health Specialist Weld County Environmental Health Services M:\Etch\Waste\Envirocycle\complaint investigation 120100.wpd cc: Julie Chester, Department of Planning Services Randall Ferguson, Colorado Oil and Gas Conservation Commission Lee Morrison, Assistant County Attorney Trevor Jiricek, Director, Weld County Environmental Health Services JULIE Chester- Re Enviro-Cycle e Page 1 From: Cindi Etcheverry To: Chester, JULIE Date: 11/15/00 8:24AM Subject: Re: Enviro-Cycle Good morning Julie, They are still cleaning the frac tanks, which is a violation of their USR. They need to get permitted or amend their USR to clean frac tanks. I went out there last night to see what the complainants were talking about. I think what is happening is that the heater system for seperating oil or keeping things from freezing is malfunctioning. I looks like they have added a heater system of some sort in addition to the system on the original plat, but need to look into that. >>> JULIE Chester 11/14/00 04:53PM >>> I am going to have Bethany start a zoning violation out there. I did receive your letter. Are they ok with the frac tanks now? I was a little confused. Thanks, Julie >>> Cindi Etcheverry 11/14/00 04:18PM >>> Hi Julie, I don't mean to be a pain but received a complaint today. The complaint sais that Enviro-Cycle is causing the ground to vibrate That the vibration gets so bad, it causes his walls to vibrate and windows vibrate and rattle. He sais, that accompanying the vibration is a roaring noise. He sais this is getting progressively worse. I am going to go out there tonight. He said it is worse at night. I will call COGCC, to see what it might be, as I am not terribly knowledgeable on this type of problem. I just wanted to keep you heads up on this and will also keep you informed of any logical reasons this might be occurring. Cindi Fl�v�ro - 4ic/e ENVIRC-CYCLE, LLC P.O. BOX 117 _ LaSalle, Co. 80645 RE ` r �� November 9,2000 Nov 1 ,10i1 Wad StR w Weld co. dept. of health & environment IYlkut ill 1555 N. 17th. Ave. Greeley, Cob. 80631 Att.Cindi Etcheverry Dear Cindi In response to your letter of Nov. 2n°. Concerning washing of frac tanks on the pad, We would like to point out that the petroleum soils that is washed out of the tanks is The same as what is hauled into the plant by vac. Water trucks , we would propose That the dumpster be fixed to where it will not leak and then be able to continue Washing the tanks, as long as the soil is contained and taken to a landfarm we feel That we are still in compliance. Please call Larry Wright @ 351-7296 or 1-303-888 0581 or Mike Cervi if we need to get together and talk about this. Sincerely. Larry Wright cc. Randall Ferguson Lee Morrison Trevor Jiricek Mike Cervi r-1 a - DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) • 304-6420 COLORADO FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304- 6415 FAX (970) 304-6411 November 2, 2000 Mike Cervi, Enviro-Cycle, LLC P.O. Box 117 LaSalle, CO 80645 Subject: Enviro-Cycle, LLC - Fourth Quarter Inspection Dear Mr. Cervi: On October 26, 2000, I inspected the Enviro-Cycle Disposal facility, located at 19094 WCR 40. I was accompanied on the inspection by Randall Ferguson and Ed Dimatteo of the Colorado Oil &Gas Conservation Commission. The purpose of the inspection was to inspect and assess the facility's compliance with the Development Standards set forth in USR-1198. On this date it was observed that the facility is net in compliance with USR-1198, as follows: • Frac tanks are being washed out on the concrete receiving pad, the petroleum contaminated soils are being drained on the concrete pad and collected into leaking dumpsters for transport to a landfarm. These activities do not appear to be within the uses described in your permit. Our third quarter inspection letter dated September 13, 2000, requested a written response by September 25, 2000. As of this date we have not received a response. Please respond within ten (10) days of receipt of this letter. Please be advised that all Development Standards for this permit must be followed at all times or a Probable Cause Hearing will be scheduled before the Board of County Commissioners to consider additional action, Mike Cervi October 1, 2000 Page 2 up to and including revocation of your permit. If you have any further questions or comments, please feel free to contact me at (970) 304-6415, extension 2220. Sincerely, J Cindi Etcheverry Environmental Specialist M:\Etch\Waste\Envirocycle\f Insp1000.wpd cc: Randall Ferguson, Colorado Oil and Gas Commission Julie A. Chester, Lead Planner, Department of Planning Services Lee Morrison, Assistant County Attorney Trevor Jiricek, Director, Environmental Health Services UNDERGROUND INJECTION CON . .OL QUARTERLY REPORT ENVIR0-CYCLE USR # 1198 DATE: /e0,tho QUARTER: -9741 WELL CLASS: S CONTACT PERSON: /14,4 _I Aeh.ti , e PHONE: 4,v1571- 0a ?! ADDRESS: '0 /50,1/4- /17 Lam, Satre (O 3,/ / S ;• $ 6� Skj LOCATION: /9O iv( / L n �� \ TRUCK DELIVERIES (APPROX): BARRELS OF BRINE PER DAY (APPROX): ~" LIMIT: 5.000 INJECTION PRESSURE: - LINED CELLAR/COVERED: Y / N SOLIDS/SEDIMENT DISPOSAL NAME: ( S .L. PETROLEUM CONAMINATED SOILS: L4m . CONDITION OF CONCRETE RECEIVING PAD: A ,'rinilSwu4,3 Serikrs WEEKLY UNDERDRAIN INSPECTION/MAINT. LOG: Y / N , - -- CHEMICALS STORED: y5 (MANUFACTURER RECOMMENDATIONS) PROPER SIGNAGE: Y N EMERGENCYYgELEASES: it/Cs ISDS:(1/1\1_ ENVIRONMENTAL SPECIALIST: L; /.‘/ex,Yy:y,. PERSONS PRESENT AT TIME OF INSPECTION: I 17,1/477 S' Z9etn-1a/4 , COMMENTS: r M:\ETCHM W ASTE'EH V 1ADCYVN5PLLST.W PD am 3� \ . y . � « :« � : » . :7,7 . . © wS 2`,-tat may . y ra . >2y 4,, .-, », \ : L ;7Ui'rocf/l/Ci October 5, 2000 Ms. Cindi Etcheverry Department of Health 1555 North 17th Avenue Greeley, CO 80631 Re: Envirocycle LLC inspection Dear Ms. Etcheverry: This letter is in response to your letter dated September 13, 2000, in which I would like to address the two items you listed. 1.) A plan on disposing of the waste. We have made an agreement with Conservation Service Inc. also known as Waste Management in Denver, who have approved our profile for taking waste. 2.) Fluids from underdrain. Herb Ikenouye, the site manager has been keeping records and logs on underdrain. He has also pumped them dry periodically. The last pumping was done on September 29 on location. If you have any more questions, please do not hesitate to call me. Sincerely, e • liuttu Lc Envirocycle LLC '1 Mike Cervi a DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17T"AVENUE .40 GREELEY, COLORADO 80631 • ADMINISTRATION (970)304-6410 WI PUBLIC HEALTH EDUCATION&NURSING (970)304-6420 FAX(970)304-6416 ENVIRONMENTAL HEALTH SERVICES (970)304-6415 FAX (970)304-6411 COLORADO September 13, 2000 Mike Cervi, Enviro-Cycle, LLC P.O. Box 117 LaSalle, CO 80645 Subject: Enviro-Cycle, LLC - Third Quarter Inspection. Conditions of approval and Development Standards for a Site Specific Development Plan and Special Review Permit(USR-1198). Dear Mr. Cervi: On August 25,2000, Charlotte Davis, Supervisor of Environmental Health and I inspected Enviro- Cycle, located at 19094 WCR 40. The purpose of the inspection was to inspect and assess the facility's compliance with the Development Standards set forth in U.S.R.-1198. On this date it was observed that the facility is not in compliance with U.S.R.-1198, as follows: • Frac tanks are being washed out on the concrete receiving pad,the petroleum contaminated soils are being drained on the concrete pad and collected into a leaking dumpster. These activities are not within the uses described in your permit. Additionally,on June 29,2000,the Weld County Departments of Planning Services and Department of Public Health requested information and completion of several items included in your Site Specific Development Plan and Special Review Permit(see attached letter). We requested that these items be addressed no later than July 14,2000. The Weld County Departments of Planning Services and Department of Public Health have reviewed the items delivered to the Department of Planning Services on July 27, 2000. To date, the following previously requested items have not been submitted to the Weld County Department of Public Health. The items are listed below: • A plan as to how you are or will be disposing of the wastes has not been provided. • Fluids have not been removed from the underdrain. Quantity of fluids removed, and dates of fluid removal have not been recorded in a log and sent to Weld County for review. Mike Cervi September 13, 2000 Page 2 Please respond in writing to this letter. All items mentioned previously must be completed and filed with the Department of Planning Services and Weld County Department of Public Health, no later than September 25, 2000 and all Development Standards for this permit must be followed at all times or a Probable Cause Hearing will be scheduled before the Board of County Commissioner to consider additional action, up to and including revocation of your permit. If you have any further questions or comments, please feel free to contact me at (970) 304-6415, extension 2220. Sincerely, Cindi Etcheverry Environmental Specialist M:\Etch\Waste\EnvrocycleUnsp0800.wpd cc: Randall Ferguson, Colorado Oil and Gas Commission Julie A. Chester, Lead Planner, Department of Planning Services Monica Daniels-Mika, Director, Department of Planning Services Lee Morrison, Assistant County Attorney Trevor Jiricek, Director, Environmental Health Services UNDERGROUND INJECTION CONTROL QUARTERLY REPORT ENVIR0-CYCLE USR # 1198 DATE: S�e'5,7 QUARTER: c? WELL CLASS: 41 CONTACT PERSON: ,$,:/A _Thehoreye PHONE: (9Z') 39d c27/ ADDRESS: 4c- jx // 7 r' /5497/- Sex/e} C/ LOCATION: / A-/ /c-C'I Td TRUCK DELIVERIES (APPROX): //j caC BARRELS OF BRINE PER DAY (APPROX): '1 31 - 26D 7 4._3 // ?27 LIMIT: 5,000 INJECTION PRESSURE: 7gGc LINED CELLAR/COVERED: Y / N SOLIDS/SEDIMENT DISPOSAL NAME: ./b /.flit' a/ y/ :`zGc/`., ._sir inew ,!- PETROLEUM CONAMINATED SOILS: dedepke ,44S Ereta/m/e PCS CONDITION OF CONCRETE RECEIVING PAD: .'i igig/te, Lap icific ear,ink:). WEEKLY UNDERDRAIN INSPECTION/MAINT. LOG / N , 4 ✓ ji,�?34 ro /Mil) /4 44.91A r,l o nli) /e etco�r9-, CHEMICALS STORED: (MANUFACTURER RECOMMENDATIONS) PROPER SIGNAGEal EME9ENC ELEASES: 1L% , S: Y / N ENVIRONMENTAL SPECIALIST: L ,7,47 Z; �r rz�� PERSONS PRESENT AT TIME OF INSPECTION: ��"'�� /14,Ake :� v re4a &cseb'i4y mks, COMMENTS: lit % 4.•<, i?� ✓ioir��,��✓�„`1 y 7` iT /e ' , _�nnr 4tAl,d7N� ,4CTt/iLe5 4 /� -i i,[ DLalY1 rte` r';,�ii ;� F /�,el/d�Xrbhr -33-5/36-- M:�E7,01A5 OCYUN�i IS'S.IVPy e/" � ` rglyha � G(ieic/aW_m — �r<-6 ��cal J �/ ,.ti > aDQYYk !1✓1Go5e -so.. A..., 6s,:, 7O//4J 5a5 -3`T/-&31 ? • ..ye.. ` F - b ..y,�. ta D 4i: yk� ,-.:;1/411/44-%.,`,.rig ,, r , • it.. "Bfif� 1n . f.t -tar- 41s 5 i[3EF .N x3 R At s - ,aqk g� t a e n 0 2 � , re£'au 3 d i.4., 4 , ......, .., . ........,... „40,4_,..j,..,..;;;.: � '. , 0 _3' fit,• _. , 4. t " r • M' ? 't`� at m4s r mA .� �. a'0xe7 'tee„ vt � � �� r sk a a f c. .4* .is.km �, `" ' °ir. 'µ ce ` -.: '"-*�.cqy X a� $,cs'-i,'-';`,,115;-;--;1-1''''''--.fi f k k-y d e x 4+ � y , R;9 -I f s' may" exfi } Gw$ � a g dX I :1-a'._',• ` 1 tai.. rpz:,r-Sr,.it-`{v• sue, � s a yes fief 4;Nt:, 6 ' DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 Ci 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO June 29, 2000 Mike Cervi, Enviro-Cycle, LLC P.O. Box 117 LaSalle, CO 80645 Subject: Conditions of approval and Development Standards for a Site Specific Development Plan and Special Review Permit (USR-1198) Dear Mr. Cervi: The Weld County Departments of Planning Services and Department of Public Health and Environment staff inspected the property located in the N2/NW4 of Section 32,T4N, R65W of the 6th P.M., Weld County, Colorado. There were several items of concern noted during the inspection. Site Specific Development Plan and Special Review Permit 1198 was approved by the Board of County Commissioners on May 19, 1999 and the Resolution from that hearing included several conditions and Development Standards. Condition of Approval 1. on Page 3 states, "The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners." To date, the Department of Planning Services has not received a completed mylar plat for recording. It appears that the layout of the site has changed from what has been previously submitted. The mylar must show all current structures and their locations, as well as any future structures, as approved. The complete mylar plat must be recorded by July 14, 2000 or some other arrangement must be negotiated. Condition of Approval 2.D. on Page 3 of the Resolution from the Board of County Commissioners states, "The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder." Several building permits were released early, however, the activity should not have commenced until the mylar plat was recorded. This condition has not been met, as the activity has been occurring on the site for some time and the mylar plat is not recorded. Mike Cervi June 29, 2000 Page 2 Condition of Approval 3.D. on Page 4 states, "The applicant shall submit evidence to the Weld County Departments of Public Health and Environment and Planning Services and the Colorado Oil and Gas Conservation Commission that the facility was constructed in accordance with the application materials. These primarily include the text and drawings dated May 6, 1999." This condition has not been met and must be completed and submitted, as stated. Wastes generated on sight have not been removed. These wastes include but are not limited to the accumulation of oil contaminated filters, solids and sediment. According to Development Standard #7, any wastes generated on the facility shall be disposed in accordance with the Colorado Solid Waste Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation, or law, and according to Development Standard #16, any petroleum contaminated soils at the facility shall be removed and disposed in accordance with all applicable rules and regulations. Please provide a plan as to how you are or will be disposing of the wastes. Chemicals on site are not stored in locked buildings or as required by manufactures recommendations for safe storage and handling. Specifically, Alpha 150 Antimicrobial (approximately 50 gallons), Dixichlor (approximately 50 gallons) and a corrosive (approximately 200 gallons) is not currently stored according to the manufacturers' recommendations. According to Development Standard #11, all chemicals stored on site must be in locked buildings, on an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. Please provide manufactures alternative recommendations for recommendations of storage or provide a plan to correct storage practices of the above chemicals. The underdrain is not inspected and recorded in a log. According to Development Standard #19, at a minimum, the under drain shall be inspected weekly and the facility shall maintain a log on-site recording the date the under drain was inspected and any observations during the inspection. Please begin recording underdrain information for future inspections. Fluid was detected in the underdrain. On the day of the inspection, fluid was detected in the underdrain. According to Development Standard #19, in the event fluids are detected in the underdrain, the facility shall cease operations, notify the Colorado Oil and Gas Conservation Commission and Weld County Departments of Public Health and Environment and Planning Services. However, subsequent laboratory analysis received in our office May 30, 2000, showed BTEX was not detected and chloride analysis received in our office May 25, 2000, showed to be 385 mg/L, therefore, the facility will remain open provided the following recommendations are adhered to. The fluids will be removed when fluids are detected in the underdrain. Quantity and dates will be recorded in a log, and sent to Weld County for review. In addition, analysis of the fluids will occur semiannually. They will be analyzed for BTEX, chlorides, and sodium, and results will be sent to Weld County for review. Mike Cervi June 29, 2000 Page 3 All items mentioned previously must be completed and filed with the Department of Planning Services no later than July 14, 2000 and all Development Standards for this permit must be followed at all times or a Probable Cause Hearing may be scheduled before the Board of County Commissioners and the Special Review Permit could be revoked. I have enclosed a copy of the Resolution from the Board of County Commissioner's hearing held on May 19, 1999 for your convenience. It is our intention to work with you in good faith to address these concerns. If you have any further questions or comments, please feel free to contact us at the above address or telephone number. Thank you for your cooperation in this matter. Sincerely, i-c 67_ dt eat Julie A. Chester Cindi Etcheverry Lead Planner Specialist, Environmental Health Services Enclosure pc: Randall Ferguson, Oil and Gas Commission Monica Daniels-Mika, Director, Department of Planning Services Trevor Jiricek, Director, Environmental Health Services Lee Morrison, Assistant County Attorney UNDERGROUND INJECTION CONTROL QUARTERLY REPORT r- ENVIRO-CYCLE USR # 1198 DATE: ASA' QUARTER: r ✓ WELL CLASS: CONTACT PERSON: /4' 4 /%7, 4e- PHONE: 97e,—.39I-Cs,5,7/ ADDRESS: c(' &'v // 7 c' LOCATION: /`1c 9 `/ "cc'f'P /lam • k L�� ;F '' Rey TRUCK DELIVERIES (APPROX): Z /C BARRELS OF BRINE PER DAY (APPROX): 7e,e7 LIMIT: 5.000 INJECTION PRESSURE: LINED CELLAR/COVERED: / N_ SOLIDS/SEDIMENT DISPOSAL NAME: /Ilea 14-S714-n4 ,f16rzir, des/postal any- Sr: , s ye fr.rda,,c,c, , r PETROLEUM CONAMINATED SOILS: CONDITION OF CONCRETE RECEIVING PAD: 4i,7,,,/�G„ • r i ; WEEKLY UNDERDRAIN INSPECTION/MAINT. LOG: Yg $ CHEMICALS STORED: ` ,11 2-_ (MANUFACTURER RECOMMENDATIONS) PROPER SIGNAGE: Y ILL EMERGENCY RELEASES: Y /) ISDS(Y�,/ N ENVIRONMENTAL SPECIALIST: • PERSONS PRESENT AT TIME OF INSPECTION: ari/den 6 • /©Arc 4 /het/axr',/i,,/ S.k-u O?,)4999 c'r/rc/ AA Aoki. M-96.1,-/.4e,A4 znsizaillcy, c —Ar6i✓ i.r,rkAdia,Llj mrm, ,re-vd COMMENTS: nYp& MO Anti nAp4Ir6f. — 7rtrW tvvr, clout- v7A luitiC'' Asti etfi for Yiktt&t eto above) r/wi CIPWtf ;LS <upplrPh Llrt. r4ie AAA_/R Q�t 1-+ lant ir5 M:\ETCH\W ASTE\ENVIR0CYVNSPLIST.WPD FILE No.465 12/06 '99 10:53 ID:WELD CTY GOVT FAX:Q7O3520242 PAGE 1 12/03/1999 18:03 805-2 '77 ^- I ESAGL: LAW 0FFI PAGE 02 , LAW OPFICES MICHAEL 7 l ESAg8 A LAW CORPORATION A 6ao 13th aTnet:T Mlonn0.T. .6SAOG P.O. box toe e PASO ROsL.EE1 CALIFORNIA 93447dUoe TeLepHoNa (ens) asn-e,u. lJ December. 3, 1999 • • Poet-IP Fax Note 7677 Da Ala T - ` "II"" 2�'L ltLc.e_ Pra Gj�v Lee Morrison, Esq. n ' Weld County Attorney � r�� e{r w lr O Cn. Phone p J Phone a Weld County Fn.p U l 97.5 10th Street Fax ry Greeley, Colorado 80632 Re: Envirocycle, X,LC Case 4 USR-1198, Oil and Gas Ctmnissien Dear Sirs: Confirming our conversation of this date, please be assured that the preparation of the final mylar which will be inclusive of the conditions - set by the Weld County •Commissioners will be submitted by Wednesday, December. 8th, by Mr. Ton Cope. In the. event Mr. Cape cannot deliver the mylar, he has been instructed to call C71U.ie Chester with confirmation tts to when it will be done, The tnylar will be delivered with a letter to the County reserving Envirocycle's.. right to request an amendment to the terns and conditions of the special. Use Permit based on the need for clarification and on jurisdictional issues relating to the urisdi.ction of the Colorado O:I.1. and Gas Commission and their urisdictional rights. Also to be included with. the mylar is a -Letter of approval and authorization. by the ()MCC of the right to operate anti accept brine water under Oil and Gas Commission's jurisdiction over these facilities. In the interim, I hope that we can clarify certain conditions to. determine what amendments or clarification will need to be addressed with respect, to the Oil and Gas Ckxttnission's jurisdiction over the injecticin facility and well. As I indicated to you, the Oil and Gas Commission specifically requires a testing period in which they perform specific tests necessary for this facility to run and operate in accordance with and within the Oil and. Gas Commission's specifications, standards, and conditions. This testing period could be as short as 7 days or as long as necessary to fully neat all the above. During this testing period, necessary chances may be ordered. to the facility by the Oil and Gas . Counass:ion in order to satisfy their conditions and requirements. This testing is a mandated requirement by the Oil and Gas ee Ctxrmisoion. It is necessary that during the test period that FILE No.465 12/06 '99 10:53 I D:WELD CTY GOVT FAX:c003520242 o703520242 PAGE 2 12/83/1999 18:83 805-L_.,. 377 LEaAGE LAW 0FFi- PAGE 03 waste water be received. During the testing period, the 011 and Gas Comnissi(in personnel will be inspecting all aspects of this facility to assure safety and compliance in order to begin operations. T appre..•.i.ate your assistance and. cooperation. Thank you, Sincerely, G-ALL T. Leak if A f 4 ' MEMORANDUM TO: Julie Chester, W.C. Planning DATE: December 2, 1999 OFROM: Trevor Jiricek, W.C. Department of Public Health an - Environment COLORADO CASE NO.: USR-1198` NAME: Envirocycle, LLC This memorandum is submitted as a follow-up to my November$, 1999, memorandum. The purpose of this memorandum is to provide an update to the progress that EnviroCycle, LLC has made in addressing the Conditions of Approval that are relevant to our Department. As you are aware, those conditions are#2.A., C., #3.A., B., C., D.. E., G., H., and I. We have addressed the status of each condition individually below: Condition#2.A. This condition has been satisfied. An emissions permit has been obtained from the Colorado Department of Public Health and Environment. A copy of the permit was provided in the notebook. Condition#2.C. This conditions has been satisfied. As you are aware, Don Carroll of the Public Works Department reviewed the document and gave you a verbal approval on December 2, 1999. Condition#3.A. This condition has been satisfied. Tom Cope has submitted an evaluation, dated November 9, 1999, that addresses this condition. Condition#3.B. This condition has been satisfied. A copy of the drilling log was submitted in the notebook. The drilling logs were returned to Mr. Cervi, at his request, as an attachment to my November 30, 1999 letter. Condition#3.C. This condition has been satisfied. On November 15, 1999, I observed the covering for the "lined cellar"and the "above ground solids control system"with Mike Cervi. The covering for the "lined cellar" is a steel grate. The grate will prevent wildlife and animals from entering. The covering for the "above ground solids control system"is a plastic fencing material. This should keep wildlife from entering. Mr. Cervi also indicated that he would explore the possibility of a more permanent covering over the"solids control system" such as a steel grate, etc_ Condition#3.D. This condition has not been satisfied. Although, we would consider the condition to be satisfied once all of the conditions of approval have been met and a walk-film of the facility has been conducted by a representative of your Department to assess whether the facility was constructed in general compliance with the approved plans. Julie Chester December 2, 1999 Page 2 Condition#3.E. This condition has been satisfied. A septic system has been installed and approved by this Department. A copy of the permit was provided in the notebook. Condition#3.G. This condition has been satisfied. A plan was submitted in a letter dated November 22, 1999, from Mr. Cervi. We approved the plan in a letter dated November 30, 1999. Condition#3.H. This condition has been satisfied. An adequate closure plan has been submitted. Condition#3.I. This condition has been satisfied. The financial assurance ($75,000) has been posted with the Colorado Oil and Gas Conservation Commission. A December 1, 1999 email from Dave Dillon of the COGCC to Lee Morrison indicates that the bond will be held by the COGCC. We should request evidence that the bond(a total:of$75,000) has been posted. As we discussed, I think it would be useful for you to evaluate the status of each condition on the permit and provide an update to Mr.Cervi so that he is aware of which conditions, if any, that still need to be addressed in order to record his plat. If you have any questions, or if I can help in any way, please call me at extension 2209. tj/usr/envirocycle cc: Mike LeSage, Attorney at Law (via facsimile) Mike Cervi, Envirocycle,LLC Lee Morrison,Weld County Attorneys Office c11141y MEMORANVUM TO: Julie Chester, Lead Planner DATE: December 2, 1999 11,119 FROM: Donald Carroll, Engineering AdministratorOr— C SUBJECT: USR-1198; Enviro-Cycle, LLC COLORADO The following transportation items have been completed or approved prior to recording the plat: Item #2-B: A Road Improvements Agreement(Off Site) has been completed and is dated July 19, 1999. Item #2-C: I have reviewed the Storm Water Drainage Plan and the accompanying documentation and calculations. This report was prepared by Total Engineering Services and was signed and stamped by Tom M Cope, Professional Engineer. This plan meets the requirement. Item#2-E-1 states a total of 40 feet from the center line of WCR 39 right-of-way is reserved for future expansion of WCR 39 and this shall be delineated on the plat. This appears on the drainage plat dated September 30, 1999, with 10 feet reserved for future road purposes. Item #2-E-2 says a typical road cross section of WCR 40 identifies width and depth of base and asphalt or full depth asphalt. The paving will be•three inches thick and 24 feet wide with four-foot gravel shoulders. This item has been changed to read four inches thick. Item#2-E-3 -A states a 25 -foot auxiliary road delineated on the plat shall be clearly labeled "For fire purposes or emergency use only," The additional asphalt requirements at the main entrance, as per my memo of October 12, 1999, have not been completed at this time. This is considered on site improvements. The Road Improvements Agreement only addresses WCR 40 for approximately 500 feet between WCR 39 and the main entrance which,is designated as the haul route. • cc: USR-1198 plan2usr i County Planning De..t. DEC 06 1999 RECEIVED ttietiCC DEPARTMENTOF PUBLIC HEALTH AND ENVIRONMENT _ 1555 N. 17Th AVENUE GREELEY,COLORADO 80631 ADMINISTRATION(970)304-6410 PUBLIC HEALTH EC UCATION AND NURSING(970)304-6420 WHICFAX(970)304-6416 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 FAX(970)304-6411 COLORADO November 30, 1999 Mike Cervi EnviroCycle,LLC Post Office Box 169 Sterling,Colorado 80751 Subject: EnviroCycle, LLC, Solids Handling Plan Dear Mr. Cervi: The Weld County Department of Public Health and Environment has reviewed your November 22, 1999, letter. This letter was submitted to address several items. One of the items included in the letter was the "Solids Handling Plan"for the EnviroCycle,LLC facility. As you are aware, Condition of Approval#3.G., of Use by Special Review Permit#1198 required that you submit and receive approval for a"Solids Handling Plan". The Department approves the"Solids Handling Plan"subject to the following conditions: 1) All"solids"removal and handling processes conducted at the facility shall be conducted on the concrete receiving pad. 2) The"solids" shall be disposed at an approved solid waste disposal site. This letter also requested that the County return the drilling logs for the well. I have included the copy of the log that our Department received as well as the copy the Planning Department had received. If you have any questions, or if I can be of any assistance,please do not hesitate to call me at(970)304-6415, extension 2209. Sincerely G � Litt/' .��{/�- k'l .f) Trevor Jiridek Supervisor Environmental Health Services tj\planning\usr\enviro 1 cc: Lee Morrison, Weld County Attorneys Office (via e-mail) 1241e Chester, Weld County Planning Department Mike LeSage,Attorney at Law tat t• MEMORANDUM ID C ::e:rr:: W.C. Department of Public Health COLORADO• Environment `,) CASE NO.: USR-1198 NAME: Envirocycle, LLC Our Department has reviewed the notebook of materials submitted by Envirocycle, LLC, on - November 4, 1999. According to Jim Daniel of Envirocycle, LLC, the notebook was submitted to demonstrate that the facility has met the conditions of approval found in USR-1198. We have reviewed the materials for those conditions that are relevant to our Department. Those conditions are #2.A., C., #3.A., B., C., D., E., G., H., and I. We have addressed the status of each condition individually below: Condition#2.A. This condition has been satisfied. An emissions permit has been obtained from the Colorado Department of Public Health and Environment. A copy of the permit was provided in the notebook. Condition#2.C. A storm water drainage plan has been submitted. The plan was designed by Tom Cope. We will defer to the Public Works Departments review as they are the Department that normally reviews these plans. Condition#3.A. This condition has not been satisfied. A letter was submitted by R.L. Design in an attempt to satisfy this condition. However, it was not stamped by a registered professional engineer as required by the condition. Condition#3.B. This condition has been satisfied. A copy of the drilling log was submitted in the notebook. Condition#3.C. This condition has not been satisfied. We have not approved the covering or netting, in writing, of the "lined cellar" or the "above ground solids control system". According to Jim Daniel, steel coverings will be constructed for the "lined" cellar, however, no request for approval has been submitted, nor have we observed the coverings. I am unaware of the proposed coverings for the "above ground solids control system". Condition#3.D. This condition has not been satisfied. Adequate evidence has not been submitted that demonstrates that the facility has been constructed in accordance with the previously submitted materials. Our Julie Chester November 8, 1999 Page 2 opinion is based on the fact that several of these conditions haven't been adequately addressed as described in this memorandum. Condition#3.E. This condition has been satisfied. A septic system has been installed and approved by this Department. A copy of the permit was provided in the notebook. Condition#3.G. This condition has not been satisfied A plan was submitted that briefly describes how solids generated on the facility will be handled. However, the plan lacks detail as requested in the condition. For example, the following kind of items should be addressed in the plan: •How will the solids be removed from the "solids control system", by equipment or by hand? If equipment, what type? •The solids will likely be saturated when removed. How will liquids be dealt with? Will the solids be handled on the concrete pad in order to prevent runoff? •Where will the solids be stored while waiting for sampling results? Additionally, the submitted plan indicates that solids may be treated on site by landfarming. The facility's USR does not permit landfarming. This should be deleted from the plan. Condition#3.H. This condition has been satisfied. An adequate closure plan has been submitted. Condition#3.I. This condition has not been satisfied. According to the submitted materials it will cost approximately $75,000 for a third-party to close the site (figure does not include plugging of the well). The facility has posted a$50,000 bond with the Colorado Oil and Gas Commission. I also spoke with Dave Dillon at the COGCC concerning this item. He indicated that the facility has also posted a$5,000 bond for the closure and plugging of the well. Therefore, it appears that a$25,000 financial guarantee must be posted with the County to cover the closure costs that are in excess of the bonds posted with the COGCC. If you have any opportunity to speak to or write Mr. Daniel,please commend him for his outstanding compilation of materials. If you have any questions, please call me at extension 2209. tj/usr/envirocycle cc: Jody Harms, Attorney at Law(via facsimile) Mike Cervi, Envirocycle, LLC Lee Morrison, Weld County Attorneys Office Hello