HomeMy WebLinkAbout20010914.tiff 01/14/2001 22:43 805-239-7377 LESAGE LAW OFFICE PAGE 01. -Pi MICHAEL T. LESAGE
ATTORNEY AT LAW
J( r�.r 620 13TH STREET
1
•if - P_0. Box 306
PAEC, , ORLES, GALtFORN1A 93447-0306
r TELEPHQNE (008) 238 3484
ji* FAX (805) 239.7377
January 12, 2001 •
Weld County Board of Commissioners
915 10th Street
Greeley, Colorado 806_'•2 .
RE: Hearing regarding USK.-1198 Enviro Cycle probable cause of
revocation.
Dear Commissioners:
This letter is to req.iest an extension of time to address the
issues regarding USR-1198 and to request a rescheduling of said
hearing.
The reasons for an extension and rescheduling are as follows:
1. As the legal representative for Mike Cervi and Enviro Cycle I
was n.Dt apprised of the issues of the hearing scheduled for
January 15, 2001 until last week. The notice that I received
showed a hearing date of Wednesday January 15, 2001 . Therefore
there has been some confusion regarding the hearing date and even
though I believe that a corrected notice has been sent out
showing Monday January 15,2001 I have not received the corrected
notice.
2 . The issues of the notice are complex and they require more
than 12 days tine to be adequately and legally addressed. The
notice was dated January 3, 2001 and was not received untilllafter
said date and the hearing was scheduled for January 5
3 . In the past in attempting to resolve issues reg dinn Enviro
cycle and other matters I believe that both Mr. Lee Morrison
County Council and Mr. Trevor Jiricek will confirm that my office
has worked with both of these gentlemen to resolve and create
solutions that have been in the best interest of both Weld County
1 EX IBIT
2001-0914 (1 '
01/14/2001 22:43 805-239-7377 LESAGE LAW OFFICE PAGE 02
and my client. I believ... that my office has always strived to bt .
honest and co-operative ;fl attempting to achieve a balanced and
fair solution for all p . ties and I would like time and the
opportunity to resolve 3.e issues addressed in this hear:_.ig anc
am requesting an extension to determine the facts and to deal
with the problems.
4 . My client has engaged Mr. John Mahoney of Mahoney
Environmental Consulting Inc. to help determine the issues and on
his behalf. I am also asking that we be given acid'itional time to
determine the facts and to address the correction or the
resolving of the problems.
• My client has invested substantial funds in this project and has
no intention of ignoring or avoiding the issues raised. In all
fairness to his position I believe that he is legally entitled to
determin the exact and true nature of each of the issues and
formulate either a response, correction, resolve, or legal
defense and I do not believe that 12 days or less is sufficient
time to accomplish what wE would all like to accomplish which is
an operation that is free from onerous and sometimes over
zealous inspection, correction of true and necessary issues, safe
and productive operation, and a facility that is efficient and
properly regulated.
Thank You.
Sincerely,
(7-1/644
J61
"--;*
Michael T. 3eSage Esquire
•
a DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
Vilk.
COLORADO CASE SUMMARY
Case Number: ZCH-2000-002
Name: Enviro-Cycle C/O Mr. Mike Cervi -
Situs Address: 19094 WCR 40, LaSalle, CO 80645
Mailing Address: PO Box 117, LaSalle, CO 80645
Legal Description: Part of the NW4NW4 of Section 32, T4N, R65W of the 6th P.M.,
Weld County, Colorado
Parcel Number: 1055-32-0-00-008
July 9, 1998 Use by Special Review (USR) application received
May 19, 1999 USR-1198 approved by the Board of County Commissioners
November 8, 1999 Memo listing noncompliance of conditions of approval
November 30, 1999 Letter from Trevor Jiricek, Director of Environmental Health, to Mr.
Cervi regarding failure to submit a "Solids Handling Plan"
December 2, 1999 Memo listing Public Works concerns
December 2, 1999 Memo listing noncompliance of conditions of approval
December 6, 1999 Letter from Michael T. LeSage regarding final mylar
May 23, 2000 Inspection completed by Cindi Etchevery, Environmental Health
i - June 29, 2000 Letter to Mr. Cervi listing noncompliance with USR-1198
August 25, 2000 Inspection completed by Cindi Etchevery, Environmental Health
EXHIBIT
Inspection Continued
January 12, 2000
Page 2
September 13, 2000 Letter to Mr. Cervi listing noncompliance with USR-1198 (including
.-. "Frac Tank Cleaning")
October 5, 2000 Letter from Mr. Cervi addressing September 13, 2000 letter
October 26, 2000 Inspection completed by Cindi Etchevery, Environmental Health
November 2, 2000 Letter to Mr. Cervi listing noncompliance with USR-1198 (including
"Frac Tank Cleaning")
November 8, 2000 Letter to Mr. Cervi from Colorado Oil & Gas Conservation
Commission "COGCC" addressing concerns
November 9, 2000 Letter from "Enviro-Cycle" regarding November 2, 2000 letter
November 14, 2000 The Department of Environmental Health received a citizen
complaint
November 20, 2000 Memo regarding citizen complaints
•
November 29, 2000 Memo regarding citizen complaints
November 30, 2000 The Department of Planning Services received a citizen complaint
December 1, 2000 Letter to Mr. Cervi listing noncompliance with USR-1198 (including
citizen complaints)
December 7, 2000 Letter from Mr. Cervi addressing December 1, 2000 letter
December 8, 2000 Inspection completed by Cindi Etchevery, Environmental Health
and Bethany Salzman, Zoning Compliance
January 2, 2000 Letter to Mr. Cervi regarding "Probable Cause" Hearing date and
listing noncompliance with USR-1198 (including "Frak Tank
• Cleaning")
January 3, 2000 Revised letter to Mr. Cervi correcting day of week for hearing
January 5, 2000 Meeting with Mr. John Mahoney (new consultant for Mr. Cervi)
addressing all concerns with Enviro-Cycle
January 10, 2000 Letter from Mr. John Mahoney asking for continuance
January 12, 2000 Inspection completed by Cindi Etchevery, Environmental Health
and Bethany Salzman, Zoning Compliance Officer
Inspection Continued .
January 12, 2000
Page 3
January 12, 2000 Telephone conversation between Mr. Cervi and Bethany Salzman,
Zoning Compliance. I advised Mr. Cervi that we were proceeding
with the scheduled hearing for Monday, January 15, 2001
January 12, 2000 Message left for Mr. Mahoney indicating scheduled hearing for
Monday, January 15, 2001
Currently the operation is in violation of several Sections of the "Development Standards" as previously
approved by the Board of County Commissioners. Please see the enclosed copy of the"Development
Standards" regarding USR-1198.
The Department of Planning Services along with the Department of Environmental Health recommend
that the Board of County Commissioners schedule this case to be heard at a "Show Cause" Hearing.
'e SENDER: M I also wish to receive the
-a .Complete items 1 andlor 2 for additional servicesfollowing services(for an
(7i ■Complete items 3,45,and 4b.
a> •Print your name and address on the reverse of this form so that we can return this extra fee):
N card to you. y
at •Attacn this form to the front cf the mailpiece,or on the back if space does not 1.0 Addressee's Address iJ
ai permit. ii
$' •Write'Return Receipt Reouested'on the rnailpiace below the article number. 2.0 Restricted Delivery
•The Return Receipt wilt show to whom the article was delivered and the datecn
— delivered. Consult postmaster for fee. .
o 3.Article Addressed to: 4a.Article Number 0
a, Z 130 055 923
m
a ENVIRO—CYCLE 4b.Service Type
OE ATTN: MR. MIKE CERVI 0 Registered } JX ertified fr
rn PO BOX 117 0 Express Mail 0 Insured c
w LASALLE, CO 80645 0 Return Receipt for Merchandise 0 COD =
cal
7.Date of Delivery o
a'
o
cc 5.Received By:(Print Name) 8.Addressee's Address(Only if requested •
L ead or,l-.1, G, and fee is paid)
m
r
Ir. 6.Signature: resst3 rAgent) I-
5-
2 PS Form 3811.December 1994 102595-98-a-022n Domestic Return Receipt
d SENDER: I also wish to receive the
,0 •Complete items 1 and/or 2 for additional services.
re •Complete items 3,4a,and 4b. following services(for an
E •Print your name and address on the reverse of this form so that we can return this extra fee):
card to you. ai
a
■Attach this form to the front of the rnailprece,or on the back if space does not 1.0 Addressee's Address u
m permit. >
m •Write`Return Receipt Requested"on the mailpiece below the article number. 2.0 Restricted Delivery d
■The Return Receipt will snow to whom the article was delivered and the datecn
delivered. Consult postmaster for fee. b,
o 3.Article Addressed to: 4a.Article Number --;'
v
2 Z 130 055 921 i
a. MR. MIKE CERVI 4b.Service Type 3
E
O ENVIROCYCLE LLC 0 Registered
u9 C�•rti(ied cc
PO BOX 117 0 Express Mail 0 Insured r
LASALLE, CO 80645 0 Return Receipt for Merchandise 0 COD 1 7. Date of Delivery - ,_5.Received By:(Print Name) 8.Addressee's Address(Only if requested Y
•;','/..','-1--• .1. (L7',2.,.- ->' and fee is paid) R
6.Signature:{A r e or Agent) ti
ct X ."---
22 PS Form 3811,December 1994 102595-9if-B-11229 Domestic Return Receipt
^� a
r DEPARTMENT OF PLANNING SERVICES
C S
Code Compliance Division
O 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
• Fax: (970) 304-6498
COLORADO
INSPECTION REPORT
NAME: Enviro-Cycle do Mr. Mike Cervi
LEGAL DESCRIPTION OF PROPERTY: Part of the NW4NW4 of Section 32, T4N, R65W of the 6th
P.M., Weld County, Colorado
DATE: January 12, 2001
r
CASE NUMBER: ZCH-2000-002
Upon a visual inspection completed by Cindi Etcheverry (Department of Environmental Health) and
myself(Zoning Compliance Officer), the following items were noted:
Semiannual analysis of fluids has not been completed and report not submitted to Weld County
Environmental Health
Underdrain is not inspected or recorded in a log and upon inspection contained 14" of liquid
(should be free of liquids)
"Frac Tank Cleaning"still occuring
Dumpster reconstructed with seal; however, not yet been tested for leakage
New "Site Manager" (Bob Gray) appeared fairly knowledgeable with facility operations
Neighboring property owners reported that facility still accepts waste after posted hours of
operation
Their"Waste Management Plan" is not being followed, nor,was the "Site Manager" informed of
• the "Waste Management Plan"
Since the facility is still accepting waste after hours of operation the gate is not locked
Concrete receiving pad showed evidence of spilled waste
6 additional storage tanks were present
Additionally,
Several tanks not in an "Earth Tone"color
Ice on the "Receiving Pad"
Substantial spill occurred which was not contained on the concrete receiving pad
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Weld County Planning Dept
IAN 10 2.001
RECEIVED MAHONEY MYEIRONMEARALOMMULITNG C
IMI INAYENVE
CAMAY,CMUMN s_u
January 10, 2001 ,„,>:,,,,
Ms. Bethamy Salzman
Zoning Compliance Officer
Weld County Planning Department
and
Ms. Cindi Etcheverry
Environmental Specialist
Weld County Department of Public Health and Environment
1555 N. 17th Avenue -
Greeley, Co. 80631
RE: Response to January 3, 2001, Probable Cause public hearing notification,
ZCH-2000-002, (USR-1198).
Dear Ladies:
I appreciated the opportunity to meet with you and Ms. Julie Chester on January
4, 2001. Since that meeting, Mike Cervi has received your January 3, 2001 letter and I
have reviewed your comments and information from the January 4th meeting with
hint Mr. Cervi has requested that I contact you and provide the following information
and too request an extension of the scheduled January 15, 2001 Probable Cause public
hearing meeting with the Board of County Commissioners.
This letter is not intended to address all of the issues in the January 3, 2001 letter
or is it intended to provide the final response to these issues.
One of the primary issues in the January 3, 2001 letter pertains to the "Frac Tank
Cleaning" activities at the site. On January 5, 2001 I inspected the "Frac Tank
Cleaning" area at the site. Mr. Randall Ferguson from the Colorado Oil and Gas
Conservation Commission (COGCC) was also present. At the time of the visit, the
portable dumpster container was only approximately 10% full. Free liquids and solid
were in the container. No indications of leakage were observed on the concrete pad
under or around the container. A rubber gasket was observed around the gate edge of
the portable container (the probable source of leakage during transport). Mr. Ferguson
was not aware if the gasket was present during the previous site inspection. Therefore,
we asked the site manager Mr. Bob Gray to confirm whats repairs have been made to
the container and to contact us when the container was full (prior to transporting the
container) so that the leakage can be evaluated during transport. The container
transportation issue is the primary concern of the COGCC.
I have done a preliminary review of the "Frac Tank Cleaning" operation. The
waste materials from the "Frac Tank Cleaning" process should be considered as E&P
waste as defined by the EPA and the COGCC. Also, these waste materials received at
the site are generated from one operator, HS Resources. The free liquid (primarily
water and crude oil) are separated from the solids at Enviro and subsequently
discharged in the disposal well. The solids are transported offsite to the HS Resources
land farm facility. Mr. Ferguson, OGCC, indicated that the HS Resources land farm
facility is permitted for this operation and the waste stream has been profiled. Enviro
will request the waste stream profiling information from HS Resources. Mr. Ferguson
also indicated that he has no current problem with Enviro's handling of the "Frac Tank
Cleaning" waste as long as the portable transport container is located on the concrete
containment pad and the container does not leak during transport. Also, only waste
from HS Resources is permitted to managed at the site and transported to the HS
Resources land farm.
With regards to the noise issue, Mr. Ferguson indicated that Ms. Linda Pavelka,
OGCC performed a noise inspection on or about December 12, 2000. The results
reportedly were satisfactory.
Mr. Bob Gray is the new facility manager at Enviro. Mr. Gray has started to
institute management changes to improve the facility operations. Operations issues
such as hours of operation, hosing down the pad, signage, etc. will be thus addressed.
In addition, MEC Inc. will assist Enviro in the preparation of a Waste
Management Plan and the issues pertaining to monitoring the containment pad
underdrain wells.
The majority of the fixtures at the site are painted light brown or light gray. Mr.
Cervi considers these colors to be 'Earth Tones'. Additional clarification is necessary as
to what are considered acceptable 'Earth Tone' colors. The black or red colored tanks
on the concrete containment pad are temporary portable tanks. The facility
management is not aware that these portable tanks also require Earth Tone colors.
At the January 4, 2001, Ms. Julie Chester returned the site plats that were
previously submitted by Enviro. The plats were indicated to be incomplete and
required additional work and they also needed to be recorded. Mr. Cervi has asked me
to make the necessary changes to the plat. I have reviewed the information provided to
me at the meeting pertaining to the preparation of the plat. There is no indication that a
registered engineer or surveyor is required to prepare such plats. Therefore, unless
there is any objection from Weld County, Mr. Cervi has asked me to proceed with
making the changes using the original plat prepared by Enviro.
The above responses do not address all the issues discussed at the January 4,
2001 meeting or as listed in the January 3, 2001 letter.
2
Based on the above information provided, Mr. Cervi would like an extension of
the scheduled January 15, 2001 Probable Cause meeting. There is not enough time to
adequately address the issues with the less than 12 days of notification. I believe it will
take a minimum of 60 days to address these issues. Some issues may take more time,
for example if weather conditions influence the activity or for other unforeseen
reasons. Therefore, Enviro requests the hearing to be rescheduled accordingly.
If you have any questions or comments, please do not hesitate to contact me at
(970) 352-2644, cell 970-690-1680.
Thank ou,
* Note: Two copies,delivered to Weld County office in person on January 10,2001.
3
/Ott MEMORANDUM
wokTO: John Mahoney and Mike Cervi 0
COLORADO FROM: Julie Chester, Lead Plann 4.V
SUBJECT: Envirocycle, USR-119
This memo is in reference to the above mentioned Special Review Permit and the office visit with
John Mahoney. Bethany Salzman, Cindi Etcheverry and myself had a meeting with Mr. Mahoney
regarding the noncompliance of the site. Mr. Mahoney indicated that he would send a letter
indicating the plan for compliance, prior to January 15, 2001 (Probable Cause Hearing). We
explained to him all of the problems with the current permit, so that there was a basic
understanding of what the issues were and the processes to bring the property into compliance.
Six pages of mylar plats were returned to Mr. Mahoney, as they were not complete and ready for
recording. Mr. Mahoney indicated that he would address getting the mylar plat corrected and
returned to our office for recording.
•
SERVICE,TEAMWORK,INTEGRITY,QUALITY
WELD COUNTY
4.00.1 C
MASONRY ENVIRONMENTAL CGMIOLfIAG INC
2""I J/1 17 171 2C. NW
January 17, 2001 O415234/4"It 17•404M4
RECE ED
Board of County Commissioners of Weld County
Weld County Centennial Center
915 10th Street
Greeley, Co. 80631
RE: Request for document regarding the Probable Cause for Enviro-Cycle,
ZCH-2000-002, (USR-1198).
Dear Gentleman:
At the Probable Cause public hearing for Enviro-Cycle LLC, on Monday,
January 15, 2001 the Weld County Planning and/or the Weld County Department of
Public Health and Environment provided the board with a document at the start of the
meeting.
Mr. Cervi or I were not provided a copy of this document. Mr. Cervi would like
to have a complete copy of this document as it is assumed that the document contains
information pertinent to the situation.
Please provide a copy of this document, as soon as possible. If you have any
questions or comments, please do not hesitate to contact me at(970) 352-2644, cell
970-690-1680.
you
Mahoney J
* Note:Delivered to Weld County Commissioners office in person on January 17,2001,on or about 2:30 PM.
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2001-1625
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EXHIBIT
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Memorandum
TO: File
' DATE: January 29, 2001
COLORADO FROM: Cindi Etchevetry, Environmental Specialist
SUBJECT: Envirocycle - Compliance Meeting
On Friday, January 26, 2001, Mr. Cervi met with Julie Chester and I. The purpose of the meeting was to
review the Amended notice, dated January 3, 2001 and other applicable documents in order to discuss
compliance with the Development Standards.
During our meeting Mr. Cervi discussed listed items of noncompliance in the letter dated January 3, 2001.
Below, is a summary of the discussion.
1) Standard#3,Mr.Cervi said he will sample the underdrain semi-annually,in June and December of every
year, and records of the amount of fluids, and maintenance will be kept. Frac tank cleaning will be
discontinued by January 28, 2001.
2) Standard#4,the new manager,Bob Grey, is knowledgeable with the facility. However,he needs to be
knowledgeable with the facilities USR,waste management operations,and other regulations concerning
the facility. Mr. Cervi said he would get a waste management plan to us. This plan will include waste
streams, approximate amounts of waste, and the schedule of waste removal by their waste handler.
3) Standard#6,hours of operation should be discussed. Envirocycle had been accepting waste after 7 p.m.
We ask that Planning and or the County is notified prior to dumping outside hours of operation. This
activity should be a rare occurrence. Concerning the noise and vibrations after hours,Mr.Cervi believes
hours of operations do not include pumping downhole after 7 p.m. and before 7 a.m.
4) Standard#7,this concern will be address when a waste management plan is written for the facility,and
Frac tank activities have been discontinued.
5) Standard#13,Mr.Cervi has agreed to keep the gates closed after 7:00 p.m.to ensure that no more waste
will be accepted after hours of operation. However, due to safety reasons,the gates will not be locked
when employees are in the facility.
6) Standard#15,this concern will be addressed when Frac tank cleaning activities are discontinued.
7) Standard#16,this concern will be addressed when Frac tank cleaning activities are discontinued.
— . 8) Standard#17,the concrete receiving pad will be cleaned,and the materials generated from Frac cleaning
will be removed from the receiving pad.
11 EXHIBIT
EnvirCycle - Compliance Meeting
January 29, 2001
Page 2
9) Standard#31, Substantial changes from the plans or Development Standards as shown or stated shall
require the approval of an amendment of the Permit. Planning advised Mr. Cervi that if he wanted to
conduct Frac tank cleaning activities,he would have to file for an amendment of the Permit. Mr.Cervi
submitted a Mylar to Julie for her review.
10) Standard #32, the property owner, or operator shall be responsible for complying with all of the
Development Standards.
Additionally, Mr. Cervi said he would remove the additional tanks on sight. However, it will take him
around 60 days to empty them. We discussed the color of the tanks, and agreed gray or tan would be
appropriate earth tone colors at the facility.
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