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January 17, 2001 �,.COLORADO m
RECE`, CJ
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,
o M vlahoney 7
* Note: Delivered to Weld County Commissioners office in person on January 17,2001,on or about 2:30 PM.
2,1(_./AlAl
2001-1625
1 EXHIBIT
° MemorandumO: File
T
WI ' 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.
(I 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.
O:\Etch\Waste\Envirocycle\Meeting memo 012601.wpd
SUMMARY OF NOTIFICATIONS
June 29, 2000 -Weld County and Planning notified Cervi of noncompliance issues.
• Condition of Approval 1. On Page 3 - Mylar incomplete, submit within 15 days of
approval by Board of County Commissioners.
• Condition of Approval 2.D.on Page 3 -Activity will not occur nor permits be issued
until Special Review plat is ready to be recorded in office of Clerk and Recorder.
• Condition of Approval 3.D. on Page 4 - Submit evidence that the facility was
constructed in accordance with application materials. (Text and drawings)
• Development Standard#7 & #16 - Request for waste mgt plan.
• Chemicals on sight improperly stored
• Development Std. #19 -Underdrain inspected weekly and maintain log
• Fluid detected in underdrain-Conduct lab analysis 2 times per year, send results to
Weld County, remove fluids when detected, send results to Weld County.
Complete items by July 14, 2000, Probable Cause Hearing will be scheduled.
August 25, 2000 - Third quarter inspection
• Frac tank washing activities occurring
September 13, 2000 -Notified Cervi of non-compliance
• Frac tank washing activities
• Leaking dumpster
• PCS being drained on concrete pad
• No waste mgt plan
• Underdrain fluids not removed, no records of dates and amounts.
Complete items no later than September 25, 2000, Probable Cause Hearing will be
scheduled.
October 5, 2000 - Cervi Response
• Will send waste to Conservation Service Inc.
• Site mgr. has been keeping records and logs on underdrain. Last pumping Sept 29.
October 5, 2000 - Correspondence to Randall Ferguson with COGCC concerning noncompliance
issues
October 26, 2000 - Fourth Quarter Inspection conducted with Randall Ferguson and Ed DiMatteo
with COGCC
• Frac tank washing activities
• Dumpster leaking onto the ground
November 2, 2000 - Fourth Quarter inspection letter
• Frac tank washing activities
• PCS in leaking dumpster being drained on concrete pad
Respond within 10 days, Probable Cause Hearing will be scheduled.
November 8, 2000 - COGCC inspection letter
• Dumpster leaking,not suitable for storage and transportation
• Dumpster needs to be lined 2. EXHIBIT
If subsequent inspections result in same violation,NOAV will be issued. F
November 9, 2000 -Mike Cervi response to Weld County letter.
• Petroleum soils that are washed out of tanks is the same as what's hauled into the
plant by vac. water trucks.
• Will fix the dumpster so that it isn't leaking
• Feels that he is still in compliance
November 14, 2000 - Citizen complaint received.
• Vibrations coming from facility causing homes to vibrate
• Noise is extreme
• Heavy gas odors coming from facility
November 14, 2000 - Site investigation, went to facility
• Vibrations occurring
• Noise, loud bangs occurring
• Did not detect strong odors
• Facility accepting waste during night
November 20, 2000 - COGCC, Linda Pavelka conducted decibel readings during day
• Noise level test failed limits for residential areas. Exceeding 50 decibels
• Heater/treater unit running improperly, and cause for noise and vibrations
• Said she would be writing them a NOAV after Thanksgiving
November 26, 2000 - Formal Complaint from Brian MacDonald & Lisa Santagata, to Weld
County Board of Commissioners
• Want facility to comply with county regulations
• Air, water, noise quality concerns
• Heavy truck traffic day and night
December 1, 2000 - Complaint Investigation letter to Cervi
• Vibration was found
• Noise was found
• No odor detected
• Degradation to water wells no substantiated
• Waste acceptance after hours of operation
Provide specific actions will take to correct above within 10 days.
December 4, 2000 - Cervi response
• Putting up a fence to correct vibration and noise and problem with water wells.
December 8, 2000 - Weld County Conducted decibel readings
• USR limit for industrial zones, 70 decibels
December 15, 2000 - Memo to file, decibel reading results
• Average decibels, 10:15 p.m., 25 ft. from property line, 59 decibels
• Average decibels, at back door of home, 58 decibels
• Spoke with Cervi, trying to reduce noise and vibration
January 3, 2001 - Planning and Weld County notice of scheduled Probable Cause Hearing for
January 15, 2001
• Standard#3, operation to insure no contamination of soil and groundwater
• Standard#4, manager knowledgeable in operating an injection well on site
• Standard#6, sign posted operations conducted from 7 to 7
• Standard#7, waste generated at facility disposed of accordingly
• Standard#13, fenced and gates locked after hours of operation
• Standard#15, comply with COGCC, AQCC, WQCC, HMSWD, and other regs.
• Standard#16, PCS not stored or removed in accordance with rules and regulations.
• Standard#17, concrete receiving pad not washed daily, waste building up
• Standard#31, substantial changes to plan require an amendment to USR
• Standard#32, not in compliance with USR
January 4, 2001 - John Mahoney request for meeting. Met at Planning department
• Discussed items in January 3 letter.
• Discussed what was need to be done to come into compliance
• Mylar not complete
January 10, 2001 - John Mahoney letter,response to Probable Cause Hearing notification
• Request extension of hearing for 60 days
• Not intended to address all issues in January 3 letter
• Frac tank cleaning is Okay with COGCC
• Linda Pavelka said noise inspection results were satisfactory
• New facility mgr., Bob Grey starting to institute improvements, such as hours of
operation, keeping pad clean, and signage
• Will prepare a waste management plan,and issues with monitoring containment pad
underdrain wells •
• Earth tones are grey and light brown
• Will complete Mylar plats
January 12, 2001 - Pre-hearing inspection and letter
• No semiannual analysis of fluids in underdrain
• Log of underdrain fluids not kept up (14" of liquids)
• Frac tank cleaning
• Dumpster reconstructed, not tested yet
• Facility mgr. fairly knowledgeable
• Accepting waste after hours
• Spilled waste on concrete receiving pad
• Tanks not in earth tone colors
• Ice on receiving pad
• Unreported spill of E&P waste. (Occurred Dec. 29, 2000. COGCC requires spill
be reported within 10 days. Spill reported by Weld County on January 12, 2001.)
•
r
Exhibit " F" is Oversized Map
( RE #2367 Plat)
See File for Original
•
[ ESTHER Gesick- Marilee Santagata 720-217-1530 (cell) Page 1
From: VICKY Sprague
To: Gesick, ESTHER
Date: 5/15/01 10:16AM
Caller: Marilee Santagata
Company: 18860 WCR 39
Phone: 720-217-1530 (cell)
[1 Telephoned [] Please call
[] Will call again [] Returned your call
[] Wants to see you [] Came to see you
[] Urgent
Complaint: Enviro-Cycle operated May 9 until 9:30 p.m. and May 13 until 8:30 p.m. They are also
cleaning frac tanks.
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T . EXHIBIT
Use it//q?
CAROL Hardinr envirocycle memo resettm .w d Page 1
1.
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RE COLORADO D G _ ,,``D
MEMORANDUM
To: Clerk to the Board, Carol Harding May 29,2001
From: Bethany Salzman,Zoning Compliance Officer
Subject: Resetting of EnviroCycle Show Cause date
As directed by Chairman Mike Geile on May 21, 2001, please place on the regular agenda for the Board of County Commissioners on Monday,
June 11,2001,the issue of resetting the date for the continued Show Cause Hearing for EnviroCycle, LLC,C/O Mr. Mike Cervi.
Attached is a copy of a Memorandum from Cindi Etcheverry, Department of Environmental Health.
The Department of Planning Services along with the Department of Environmental Health will be requesting this case to be heard on June 25,
2001, instead of July 25,2001.
SERVICE,TEAMWORK.INTEGRITY.QUALITY �1 EXHIBIT
I I
WC
a MEMORANDUM
To: File(ZCH-2000-002, VI-0100001 and USR-1198) May 29, 2001
II C From: Bethany Salzman, Zoning Compliance Officer
Cindi Etcheverry, Department of Environmental Health
COLORADO
Subject: Enviro-Cycle GO Mr. Mike Cervi
Reasons for request for reconsideration of date scheduled for the Enviro-Cycle Show Cause Hearing:
May 8, 2001 Sludge was released onto the receiving pad.
-Upon an inspection that night the following items were noted:approximately 8 men
dressed in Tyvek,a substantial amount of activity and noise, a truck was in the facility
and the gate was open at approximately 9:30 p.m.
May 9, 2001 A compliant was received alleging that the actives at Enviro-Cycle were after hours of
operation causing a significant amount of noise.
May 11,2001 Upon inspection of the facility,Cindi Etcheverry observed a large quantity of sludge on
the receiving pad and thus notified the facility manager that this was not an acceptable
procedure for handling sludge.
May 13,2001 Upon an inspection the following items were noted:a large truck on the receiving pad,
lights were on,a substantial amount of noise and a strong petroleum odor was coming
from the facility.
May 14, 2001 A complaint was received that activity had occurred after hours on the night prior.
Upon inspection of the facility,Cindi Etcheverry,determined that the complaint could
not be substantiated.
May 15, 2001 A memo to the file outlining the findings of the complaint filed on May 14, 2001 was
included to the file.
May 16, 2001 A letter explaining the complaint investigation received on May 9, 2001, was sent to
Enviro-Cycle. The letter requested a written response and plan of correction to be
delivered within 10 days of the receipt. (Thus far, this letter has not been received.)
May21,2001 The Board of County Commissioners expressed a concern to discuss this case on record.
Additionally,the following items have been noted:
- An analytical report of the sludge has not yet been submitted to the Department of Environmental Health
as required in their Use by Special Review permit(Development Standard 14).
- Changes to the facility have occurred;however,the Department of Planning Services has not yet received
the current changes to allow staff to determine the significance of these modifications to the facility
(Development Standard 31).
- A written response and plan of correction regarding the letter issued on May 16, 2001 has not yet been
received by the Department of Environmental Health.
- In the past records regarding water in the under drain have not been maintained correctly. This item will
be checked during the next inspection (Development Standard 19).
[4. EXHIBIT
INT
EGRITY,TEAMWORK, QUAWTY J�
USi2 #1 (CI E
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
Will O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
C.
ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
COLORADO FAX (970) 304-6411
May 16, 2001
Mike Cervi
Envirocycle
P.O. Box 117
LaSalle, CO 80645
RE: Envirocycle Injection Well Facility - Complaint Investigation
Dear Mr. Cervi:
The Weld County Department of Public Health and Environment received a complaint on May 9,
2001,concerning Envirocycle,LLC,located at 19094 Weld County Road 40. The complaint alleges
that the activities at Envirocycle were after hours of operation, causing significant amount of noise.
Commissioner Bill Jerke went to Envirocycle in response to a complaint he received at
approximately 9:30 p.m.on May 8,2001. Commissioner Bill Jerke said he observed approximately
8 men dressed in Tyvek,their was a substantial amount of activity and noise, and a truck was in the
facility. Additionally, the gate was open. On May 11, 2001, Commissioner Bill Jerke and 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 was observed for the allegations described in the complaint. Below, I have indicated
the allegations, observations, and findings concerning the investigation:
Hours of Operation:Although the facility was operating after 7:00 p.m.on Tuesday evening,it did
not appear to be accepting waste at that time. However, during the investigation on May 11, 2001
we observed a substantial amount of sludge being stored on the receiving pad. The sludge was diked
with soil to prevent run-off into the grated gutter and lined cellar. Rande Bernal, facility manager
for Envirocycle said,Tuesday evening,May 8,2001 the Todd Amens crew had opened up the hatch
under the solids separation unit to clean out the solids separation tank,releasing the solids (sludge)
onto the receiving pad so that they could dry it out prior to disposal. Once they had released the k.
00
sludge onto the receiving pad,they realized it would not dry out,therefore,they contracted with CSI m g
to dispose of the sludge. _
According to the attached conditions of approval, Condition#3.G., during the transfer of the solids
to disposal trucks for disposal at an approved disposal site, no spillage will occur. Additionally, nramminveted
Mike Cervi
May 16, 2001 •
Page 2
According to the attached conditions of approval,Condition#3.G., during the transfer of the solids
to disposal trucks for disposal at an approved disposal site, no spillage will occur. Additionally,
analysis will be performed prior to disposal. The analysis will include pH,TPH,BTEX,Flashpoint,
and Paint Filter test.
Noise and Vehicles:A vehicle and a significant amount of noise related to the activities on site,was
observed by Commissioner Bill Jerke Tuesday, May 8, 2001. The facility manager stated that the
truck on site was a vacuum truck used to remove the sludge from the solids separation tank,and that
it does make some noise, but did not feel it was a nuisance noise.
Please submit 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 you will take to correct
all of the above conditions. Also, please provide copies of your response and plan of correction to
Julie Chester at the Weld County Planning Department,and to the Board of County Commissioners.
If you have any questions, please contact me at (970) 304-6415, extension 2220.
Sincerely,
Cindi Etcheverry
Environmental Specialist
Environmental Health Services
o:LL tCMwws9EevvimrycIaI.nmqum immin�n of!eo1.wpe
attachment: October 26, 1999 letter to Julie Chester
November 8, 1999 memo to Julie Chester
November 22, 1999 letter to Trevor Jiricek and Lee e Morrison
November 30, 1999 letter to Mike Cervi
December 2, 1999 memo to Julie Chester
cc: Trevor Jiricek,Director, Environmental Health Services (via email)
Monica Daniels-Mika, Director, Department of Planning Services (w/attach.)
Board of County Commissioners (w/attach.)
Bruce Barker,County Attorney(w/attach.)
Randall Ferguson, Colorado Oil & Gas Conservation Commission (w/attach.)
r
Memorandum
TO: File
iDATE: May 15, 2001
FROM: Cindi-Etcheverryz , Environmental Specialist
COLORADO
SUBJECT: Envirocycle Complaint Findings
On May 14, 2001, the Weld County Department of Public Health and Environment received a
complaint concerning Envirocycle, LLC, located at 19094 Weld County Road 40. The complaint
alleges that the activities at Envirocycle were after hours of operation and were causing significant
noise.
Commissioner Bill Jerke went to Envirocycle in response to a complaint he received at
approximately 9:30 p.m. on May 13,2001. Commissioner Bill Jerke said he observed a large truck
on the receiving pad,lights were on,and a substantial amount of noise was coming from the facility.
Additionally, a strong petroleum odor was emanating from the facility. He noted that the gate was
closed on this evening. In response to the complaint, I conducted an investigation. 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 was observed for the allegations described in the complaint. Below I have indicated the
allegations, observations, and findings concerning the investigation:
Flours of Operation:Although the facility was operating after 7:00 p.m. on Sunday evening,it was
inconclusive as to whether the facility was accepting waste at that time. During the investigation on
May 14, 2001, I spoke with Rande Bernal, the facility manager and James Bernal, the facility
consultant,they told me they drained the water knockout unit that evening. They said it was drained
into the lined cellar then the fluid was pumped out of the cellar and into the solids separation tank.
They used an Action Oil Trucking truck to pump the liquids into the solids separation tank. James
Bernal, with Action Oil Trucking, called his office and had a fax sent, to Weld County, of the
trucker's log. The log showed activity from 8:45 to 9:00 without showing a destination, activity
from 9:07 to 10:59 showing a destination of Envirocycle, activity at 10:53 showing a destination of
yard(see attached).
Odor: Commissioners Rob Masden and Bill Jerke have both detected strong petroleum odor
emanating from the facility. I spoke of the odor to Rande and James Bernal,they did not know what
could have caused the odor and feel that the odor may have come front another source outside of the
facility. During my investigation, I notice some petroleum odor. However, at this time the odor
seemed typical for this type of facility.
attachment: Action Oilfield Service Truckers Daily Log
cc: Trevor Jiricek, Director, Environmental Health Services (via email)
Monica Daniels-Mika, Director, Department of Planning Services (w/attach) EXHIBIT
Board of County Commissioners (w/attach)
Bruce Barker, County Attorney (w/attach) UsRll48
Randall Ferguson, Colorado Oil & Gas Conservation Commission (w/attach)
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TRUCKERS DAILY LOG
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