HomeMy WebLinkAbout20012694.tiff TRANSCRIPT OF TAPE RECORDED MEETING
PROBABLE CAUSE HEARING FOR USE BY SPECIAL REVIEW#1198
FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(BRINE WATER DISPOSAL)
CONDUCTED ON JANUARY 15, 2001
(PORTIONS OF TAPE#2001-02 AND #2001-03)
THOSE PRESENT
WELD COUNTY COMMISSIONERS:
M.J. GEILE, Chair
GLENN VAAD, Pro-Tern
WILLIAM H. JERKE
ROBERT D. MASDEN
DAVID E. LONG
ALSO PRESENT:
BRUCE BARKER, Esq., County Attorney.
LEE MORRISON, Esq., Assistant County Attorney
BETHANY SALZMAN,Department of Planning Services
CINDI ETCHEVERRY, Department of Public Health and Environment
SPEAKING TO THE SHOW CAUSE ORDER
JOHN MAHONEY, Esq., appearing on behalf of Enviro-Cycle
MIKE CERVI, Enviro-Cycle
/a59
1
I- 07(Y) /
`f- 200 I-2694
PROCEEDINGS
1 CHAIR GEILE: We have one item on the agenda for Planning, it's to conduct
2 Probable Cause Hearing for Use by Special Review#1198 for an Oil and Gas Support and Service
3 Facility(Brine Water Disposal) - Enviro-Cycle LLC, c/o Mike Cervi.
4 MS. SALZMAN: Good morning, Bethany Salzman, Zoning Compliance
5 CHAIR GEILE: Counsel, if I, did you have anything that you wanted to
6 introduce as far as this?
7 MR. BARKER: No,Mr. Morrison will be handling this, I don't know if he's,
8 CHAIR GEILE: I wonder if we could
9 MR.BARKER: What I do have is some information that has been provided by
10 Bethany, and I'm going to go ahead and pass this out right now. I have a packet for each one of you.
11 Probable Cause Hearings, ah,we just went through one with regards to a liquor license,this is with
12 respect to a Use by Special Review Permit;the process that we have set up is that anytime there are
13 alleged violations of the terms or the conditions or Development Standards of a Use by Special
14 Review Permit,that those would be brought up by the Department. In essence,that you go through
15 the same thing that we just went through, a Probable Cause Hearing to find out if there's evidence
16 to show that more probably than not there's evidence that there have been either violations of the
17 conditions, Development Standards, and that sort of thing (inaudible).
18 CHAIR GEILE: Do we want to wait for Mr. Morrison, or do you want to
19 proceed?
20 MR. BARKER: Esther, have you called for him? You may want to go ahead
21 and proceed. I think he is aware of what the department will be presenting. (Inaudible)
2
1 CHAIR GEILE: Okay, so who from the staff wants to proceed?
2 MS.SALZMAN: Good morning,Bethany Salzman,Zoning Compliance Officer,
3 of the Weld County Department of Planning Services. This is case number ZCH-2000-002. Name,
4 Enviro-Cycle, Mr. Mike Cervi. The situs address is 19094 Weld County Road 40, LaSalle,
5 Colorado,mailing address is P.O.Box 117,LaSalle,Colorado,80645. Legal description,part of the
6 northwest quarter of the northwest quarter of Section 32, Township 4 North,Range 65 West of the
7 6th P.M., Weld County Colorado. At this time I think it would be prudent to advise the Board that
8 Enviro-Cycle has requested a continuance;however,because of health and safety concerns and the
9 Department of Environmental Health concerns,along with neighboring property owners,we would
10 recommend that a continuance not be granted.
11 MR. BARKER: Mr. Chairman, I would suggest that the representative from
12 Enviro-Cycle be allowed to address that issue at their request for a continuance.
13 CHAIR GEILE: Yeah. Is there a representative from Enviro-Cycle,would you
14 please come forth, give your name and address for the record, please.
15 MR. MAHONEY: Yes,my name is John Mahoney, (inaudible)here in Greeley.
16 I have been asked by Mr. Cervi to address, to represent him for this hearing. And to proceed with
17 any further environmental type of these issues at the facility. So,I have only been involved with this
18 for ten days or two weeks, so I'm just getting up to speed with the facility and history of the
19 operation. As far as the continuance is concerned, we, ah, we have, ah, we received notice
20 (inaudible) to the letter dated January 3rd regarding this meeting today, ah, so, (inaudible)
21 insufficient amount of time to properly prepare, is the first issue. Number two, I had a meeting on
22 January 4th and I visited with the County representatives and I was not aware of such letter, they
23 provided me with a copy of such letter,but we instigated a meeting without any prior knowledge of
3
1 the letter to address the issues from their previous visits, as they indicated in their letter dated
2 January 3rd. So in that meeting we had, weekly meetings (inaudible) and since then with Mr.
3 Cervi's help and his new site property manager, facility manager, we've been going through the
4 issues and setting up a schedule and plan on how to adjust these issues in here,that were indicated
5 in such letter. And, also since that time, the majority of the issues that are in this letter, (inaudible)
6 have been addressed with the understanding of Oil and Gas Commission and also majority of the
7 issues that are in this letter are under the offices of the Oil and Gas Commission and are not a Weld
8 County Health Department issues. And that's(inaudible)get the Oil and Gas Commission input into
9 this meeting. So if we could (inaudible) where Mr. Cervi and Enviro (inaudible). Now we can
10 review today(inaudible)facility,safety inspections,they are aware of any changes pertaining to their
11 letters that are (inaudible) that January 3rd letter from the County of the (inaudible)but they have
12 not indicated, as far as I'm aware to the Board or anyone else, of any changes without their staff
13 (inaudible). So that's where it stands(inaudible)a continuance or basically proceed with the matter
14 and have basically(inaudible) issues or oil and gas issues.
15 CHAIR GEILE: Excuse me,Sir,there might be some questions. Are there any
16 questions from the Board? Commissioner Vaad.
17 COMMISSIONER VAAD: Mr.Chairman,it seems to me,logically,I need to hear
18 from further from Bethany or Cindi Etcheverry as to what the urgent health, safety, and welfare of
19 the public issues are. And then hear the representative for Mr. Cervi address those. That's more
20 significant to me than the fact that you got a letter January 3rd. We're talking about the continuance
21 and what the urgency is in protecting your client's health. So,I'd like to hear that and then reserve
22 the questions for the representative after that.
23
4
1 CHAIR GEILE: Okay. Unless anybody has any other questions. Do you have
2 any, thank you, Sir. Okay, and I wonder if we could turn it back to you.
3 MS.SALZMAN: Bethany Salzman. Specifically if it would help the Board Iwill
4 address some of the general health and safety concerns, and then Cindi Etcheverry with
5 Environmental Health will address some of her specific concerns.
6 CHAIR GEILE: Commissioner Vaad.
7 COMMISSIONER VAAD: If I might,it wouldn't be useful to me,but this urgency
8 issue. I mean, I don't need to rehash back to when they made the application, but which of the
9 specific items are urgent as far as the health, safety, and welfare of the public? And then, I'm
10 interested in the dates as to when the applicant knew about those officially from you. Okay?
11 MS. SALZMAN: Okay. First of all we would like to say for the Board, one of
12 our concerns is a recent car accident between a fract oil driver,killing two individuals on Road 39,
13 and that was very recent. Secondly, safety in regards to malfunctioning heater unit, ah, the heater
14 treater, which we were informed causes, caused a rather large sizeable oil spill on the property.
15 Thirdly,there is fract tank cleaning going on which is not addressed in the USR. That was addressed
16 in a letter to Mr., in several letters to Mr. Cervi, but especially the first one dating back to
17 September 13, 2000. Also, for the Board's awareness. The heater treater unit creates a large,
18 because it's turned off and on, or turned down, there's buildup of propane which causes large
19 explosions,if you will,ah,which has concerns,ah,the neighbors have addressed concerns as a result
20 of that for their safety.
21 COMMISSIONER VAAD: And when was the applicant notified about that
22 concern?
23 MS. SALZMAN: We just found out from the site, the new site manager, upon
5
1 our inspection January 12th that the propane was indeed being turned down. And the neighbors
2 made us aware that day that there were rather sizeable, that shook the house, explosions. Ah, that
3 made them in fear.
4 MS. ETCHEVERRY: Actually, there was a formal complaint filed on
5 November 14th, which was
6 CHAIR GEILE: Cindi, if you would identify yourself, please. Thank you.
7 MS.ETCHEVERRY: I'm Cindi Etcheverry from Weld County Environmental
8 Health. On November 14th there is a formal complaint filed concerning the explosions and
9 excessive amount of vibrations which shook their homes. And,at that point the facility was notified
10 of the problem. I think then,I think it's been somewhat corrected,but there's still concerns,they still
11 hear explosions and they've called the Fire Department on a few occasions. Concerning the heater
12 treater unit, that seems to be a large source of problems, environmentally, and health and safety,
13 that's the unit that's caused the explosions and the vibrations. There was also the recent oil spill,
14 last ah,probably,the facility manager said it happened before he came on,which was around the first
15 of January. Ah, yeah, so, and then concerning the fract tank cleaning. It appears that, well, he has
16 known about it since the inspection several months ago, August, in August, and that appears to be
17 generating health concerns with the wreck that occurred a week or so ago, and to the environment
18 there is an increased amount of oil spill showing, oil stain showing up on the roads and
19 COMMISSIONER VAAD: I'm sorry, I didn't understand the last thing, what
20 happened, go back a few sentences, and what did you say?
21 MS. ETCHEVERRY: The fract tank cleaning activities?
22 COMMISSIONER VAAD: Okay.
23 MS.ETCHEVERRY: That's probably an immediate concern,because of the
6
1 car accident that occurred which resulted in a fatality. It is a fract tank that was leaving the
2 Enviro-Cycle facility that was involved in the accident. An then we have environmental concerns,
3 there is increased oil spillage on the facility and leaving the facility.
4 CHAIR GEILE: Any other questions? Commissioner Jerke.
5 COMMISSIONER JERKE: Just a comment,I think that the tank was actually going
6 into the facility. I think it was southbound and going across the intersection when the northbound
7 vehicle hit it.
8 MS. ETCHEVERRY: Okay, I'm sorry.
9 COMMISSIONER JERKE: And that's a site visual problem that's, at that
10 intersection.
11 CHAIR GEILE: I guess I,help me understand what, you know, it's a sad, it's
12 very,very sad when that wreck occurred,and,the fatalities that occurred as a result of the wreck,but,
13 again,what we're saying,it's the way they exit the site,or the way they enter the site,or what exactly
14 is the framework of that part of the problem? Help me with that.
15 MS. SALZMAN: Currently, fract tank cleaning is not addressed in their USR.
16 So that type of business should not be occurring on the site. As I've stated, we have notified Mr.
17 Cervi several times that that is not an acceptable use per USR.
18 CHAIR GEILE: So it has nothing to do with the vehicles coming on or off site,
19 what it has to do with is the fact that they are,they do not have,they don't have approval within the,
20 within their USR to do it, is that what you're saying?
21 MS. SALZMAN: That's correct.
22 CHAIR GEILE: Okay.
23 MS.ETCHEVERRY: Also,if I may say,the increased traffic is ah, increased
7
1 traffic with the additional activities.
2 CHAIR GEILE: Commissioner Vaad.
3 COMMISSIONER VAAD: So,again,they were notified on November 14th about
4 the explosion process. And then you told us that that's been addressed and somewhat mitigated.
5 Still explosions that neighbors are contacting you about. Now, if, we can hear from the applicant.
6 CHAIR GEILE: Counsel, is this a public hearing?
7 MR.BARKER: It is,I'm not certain that,on the issue of continuance the policy,
8 I suppose you can open it up and if you want to hear testimony on the issue of the continuance,that's
9 the issue that's before you right now.
10 COMMISSIONER MASDEN: Mr. Chairman?
11 CHAIR GEILE: Commissioner Masden.
12 COMMISSIONER MASDEN: Yes, what is actually exploding?
13 MS. ETCHEVERRY: It's a heater treater unit, it heats up the fluids,that are
14 going to be going into the injection well. It's powered by a large propane tank
15 COMMISSIONER MASDEN: How does it explode,I mean,if it explodes it's
16 going to blow apart, right?
17 MS. ETCHEVERRY: The unit itself does not explode; however, I'm not a
18 expert on the heater treater unit,however, there, it has a pilot.
19 COMMISSIONER MASDEN: One that lights, is that what you're talking
20 about?
21 MS.ETCHEVERRY: Right,yeah,sometimes it doesn't work quite right and
22 so propane builds up inside there and suddenly,when there's sufficient amount of propane it'll light
23 and make boomings, booms.
8
1 CHAIR GEILE: If I remember, if I may, ah, since there are people who could
2 be here for this hearing, I would open up public hearing, but only as it deals with the continuance
3 part of what we have before us right now. So is there anyone in the audience who would wish to
4 come forth and address this Board, but only on the continuance, should it be continued or not
5 continued. And if you would come forth to the microphone and give your name and address. But,
6 again,we're not taking testimony as far as the merits of this,or not the merits of this,all we're doing
7 is taking testimony on should it be continued or not.
8 DENNIS SHERROD: Dennis Sherrod,I live at 18862 Weld County Road 39.
9 This is approximately 180 foot from the business that we're here talking about. There are eight
10 people,three are with juveniles,that live in this proximity,as they have talked about we do have the
11 newest violations. From my understanding they was all the way back, from what I've seen clear
12 back to the first of last year. They have failed every inspection and their problems have not been
13 corrected. Some of the problems have been addressed,but, again,have not been taken care of. We
14 are concerned about our health, our welfare, and the children. And we think at this point, that this
15 is not something that needs to be postponed anymore. It's taken approximately three, three and a
16 half months to get to this point, and we feel that our welfare and our safety is more important than
17 postponing this hearing when there has been notice several kinds of violations and they still have not
18 taken the actions to take care of them.
19 CHAIR GEILE: Okay. Is there any questions? Commissioner Vaad.
20 COMMISSIONER VAAD: Dennis,I'm sorry,I didn't get your last name,but,we
21 were told that they were notified about this booming or explosion condition in November, and then
22 we were told that it's been somewhat mitigated. Would you agree with that?
23 MR. SHERROD: Ah,yes,sir,I would. There has been some reduction in it,but
9
1 still not,the majority of is still there. And,my understanding from Cindi and other people we have
2 talked to, is that this is an excess buildup of propane. This tank is, this tank has propane that is
3 making this noise in very close proximity to our houses. These explosions they have calls, literally
4 from walls that vibrate, pictures falling off the walls, from these explosions. Our concern is what
5 is the next time. If they're not on site? And this buildup continues, are we going to have a 50,000
6 gallon propane tank that's going to take us off the map, basically. Or whatever size tank this is
7 (inaudible).
8 COMMISSIONER VAAD: Is that your primary concern, the explosion factor, as
9 far as your,the health and safety of your family or those eight individuals you're talking about now?
10 MR. SHERROD: No, sir,there are several things that are. This is one of them.
11 The, ah, spills that have taken place,have,understanding they have not taken the required action to
12 notify the proper authorities that this spill has happened. Ah,they,just this last week,they were out
13 with a front end loader obviously cleaning up some type of spill that,again,the County and State was
14 not notified. What is this spill doing to our groundwater, our well waters within a hundred foot of
15 property. This is probably one hundred thirty foot from this spill. We don't know, I don't think
16 Cindi knows, or the State or EPA knows to what extent this spill was.
17 COMMISSIONER VAAD: Thank you.
18 MR. SHERROD: Yes, sir.
19 CHAIR GEILE: Any other questions? Thank you, sir.
20 MR. SHERROD: Thank you, sir.
21 CHAIR GEILE: Is there anyone else in the audience who would like to speak
22 only to the continuance? If you'd give your name and address,please, sir.
23 BRIAN MACDONALD: I'm at 18860 Weld County Road 39,my name is Brian
10
1 MacDonald. I recently purchased that property, excuse me, ah, I'd like to say that if there is a
2 continuance, I'd rather not see one, but if there is, could we continue it for a late evening session?
3 CHAIR GEILE: No,we have to have the
4 MR.MACDONALD: You're referring to a continuance,their continuance?
5 CHAIR GEILE: Ah, it would be a continue, a date that we would set as the
6 Board of County Commissioners,but as far as when we have our meetings, they are held Monday
7 mornings, or they can be held also on Wednesdays.
8 MR. MACDONALD: Okay.
9 CHAIR GEILE: But in the mornings. Is when we're scheduled to have our
10 hearings.
11 MR.MACDONALD: Okay. But we,we've got a lot of problems with them,
12 just like Dennis was saying,and ah,this is our residence here,and we're seeing a lot of problems and
13 a lot of noise,vibrating walls,and,you know,like he indicated,the ground water,I don't see where,
14 because it's our residence,why we should be accepting this. On top of that, I can't, I've seen some
15 of the initial paperwork that they
16 CHAIR GEILE: Again, sir,we are only talking about the continuance, should
17 we continue this or not,
18 MR. MACDONALD: Okay, no, I'd rather not see it continued.
19 CHAIR GEILE: Any questions? Okay. Thank you, sir. Is there anyone else
20 in the audience who would like to speak to the continuance? Okay, I'll close the public hearing on
21 the continuance part. I would like to ask the applicant to come back, or its representative. Not the
22 applicant, but the
23 MR. MAHONEY: John Mahoney. Okay, I made a couple of notes, (inaudible)
11
1 respond to the
2 CHAIR GEILE: Please respond to what you've heard as far as the continuance
3 is concerned.
4 MR. MAHONEY: Okay, ah, as far as the continuance, I will respond to the
5 County's issues. The first thing regarding this tragic accident. Two issues. The one thing that I'm
6 aware of since I've been to the facility two or three times in the past, ah two times in the past,three
7 times in the past week, I have. And, Friday evening, Saturday morning, and actually this morning
8 I was back out there. And in that time as far I have been able to determine, maybe one fract truck
9 has visited the property. Based on the matter of this new material that has been(inaudible) loading.
10 And so,as far as the increased traffic,I'm now aware of how the gates there, so I'm not,there that's
11 the only indication that I have as far as increased traffic. The other issue is, ah,we have a, I would
12 prefer that the County Board get copy of this accident report,and what we understand at the facility
13 is that this fract truck was not going to this facility.
14 CHAIR GEILE: Well,wait a minute. If I could,we're not hearing the case right
15 now. What we're doing is we're,
16 MR. MAHONEY: Okay, well, this is the issue that
17 CHAIR GEILE: wait a minute, we're, should we continue it or not?
18 MR. MAHONEY: I'll just respond to the (inaudible), sir.
19 CHAIR GEILE: Well.
20 MR. MAHONEY: Okay. As far as the other issues,if you(inaudible)heat treat
21 unit and the spill these are issues,well I'm saying that most of the issues in their January 3rd notice
22 informing us about this hearing are oil and gas issues. The heat treat facility is an oil and gas facility,
23 material. In that treat,in that unit there is a EPA(inaudible)waste unit,waste materials. Okay. And
12
1 regarding the spill, spills were always a concern to everyone that is in the environmental industry.
2 They are a concern. What is in the oil and gas regulations(inaudible)the responsibility of reporting
3 such a spill in most cases in up to the,is the responsibility of the operator and it's determined on the
4 volume of material spilled. Now,Mr. Cervi (inaudible)was informed that this leak was occurring,
5 was on the property quickly. And his estimation it was below the requirements of the (inaudible).
6 And,and as far as the use of the term"large",the situations by the County. The situation at this,you
7 can't use this with adjectives. You've got to get as specific as possible. And it's up to what Mr.
8 Cervi has subsequently,he was aware this was going to become an issue,has subsequently notified
9 the Oil and Gas Commission (inaudible) reports, subsequently come out and evaluated if he has
10 properly determine the volume of this spill and if he acted accordingly. Whether he needed to
11 respond, to notify anyone at all.
12 CHAIR GEILE: Okay, Mr. Mahoney, let me make sure I know where we're
13 going with this. What we have,is there's been people who have got up and said based on the health,
14 welfare, safety of the citizens of Weld County we should not continue this because of those issues.
15 To let those things carry on could result in some health,safety,welfare issues. So unless we can deal
16 with that
17 MR. MAHONEY: Yes, well,
18 CHAIR GEILE: That's a continuance issue that's in
19 MR. MAHONEY: You're absolutely right, the health and safety issues from an
20 environmental point of view in this whole facility as I've been involved with this type of industry,
21 let alone the eight years in the oil and gas industry before that, is the prime concern. But as far as
22 what his actions has been,this(inaudible)is still,as far the impact to the groundwater,under current
23 circumstances the ground was frozen, essentially. The amount of fluid he estimated was less than
13
1 what was(inaudible)and he got on the site immediately,commenced operations to use a back truck
2 to suck up, if you were, the remaining free standing fluid.
3 CHAIR GEILE: Mr.Mahoney, is it, are you. Are you presenting testimony to
4 this Board concerning that
5 MR. MAHONEY: Well, I'm just trying to address these issues, that they, that
6 they've used the term "large sizeable quantity" of fluid spill, which is wasn't even oil, there's no
7 (inaudible)production water. So they have to have the right terms when they present their case,and
8 I'm just trying to verify that issue. When it comes to, and I'm trying to point out that most of these
9 issues are oil and gas issues, and before this Board continues we need a determination of how they
10 view the situation. And, in fact, subsequently, if we have problems (inaudible), I'm sure that
11 (inaudible) from the state will be visiting the site this week and I'll make arrangements with him,
12 but I already talked to (inaudible)this morning, so I think(inaudible). And, as far as anything else
13 associated with this heat chamber unit, the State did do an inspection of the noise from the unit on
14 December 12th(inaudible)and found that(inaudible)an acceptable levels. As far as this back firing
15 or whatever the situation is.
16 CHAIR GEILE: So your point,if I may,Commissioners,is there anybody that
17 has questions of, so your point, one of the reasons we ought to continue is based upon the fact that
18 the Oil and Gas Commission has not been brought into this?
19 MR. MAHONEY: Right, and they are
20 CHAIR GEILE: And this has been going on since how long,and why haven't,
21 and why all of the sudden is it important that the Oil and Gas be brought into it, why weren't they
22 brought into it several
23 MR. MAHONEY: One of the, they are the primary regulatory agency for this
14
1 facility.
2 CHAIR GEILE: I understand that,but this violation has been going on for some
3 time,why all of the sudden is that an issue before,I understand why it's an issue,but why have you
4 waited three and a half months to get them involved? Why aren't they here, why aren't they here
5 today? Yeah.
6 MR. MALONEY: I don't know why they aren't here today, I don't know if they
7 were notified,provided him with a letter of today, but he, they're off today. For the holiday.
8 CHAIR GEILE: All right.
9 MR. MALONEY: That's why, (inaudible)provided Manuel a copy of the letter
10 and he indicated (inaudible). So, is there any other, (inaudible) address the fact, if you would
11 operation
12 CHAIR GEILE: Anybody want the fract tank addressed? No. Yes, sir. Are
13 you, I believe you're Mr. Cervi, aren't you? That you wanted to add, Mr. Cervi?
14 MIKE CERVI: Mike Cervi, Box 169, Sterling, Colorado. Involved with
15 Enviro-Cycle. If I am correct, we want to address current health issues here, that are currently
16 happening and how serious they are. If it should be addressed immediately in this hearing
17 (inaudible) now, or if they are of a state that we can fix them, they're not immediate concern, and
18 I'd like to go over my(inaudible) fiasco. Which is immediate concern `cause there is no one that
19 sees it. It is a very serious immediate action. We ask(inaudible)whatever. Our facility is located
20 down the, here it is and down this road is the entrance. The accident happened up in this corner.
21 Our entrance you have to go down 40, 500 feet and turn into the facility. The accident happened at
22 the corner of 40 and 39, with A & W Trucking taking some (inaudible) five trucks ahead.
23 (Inaudible). Without coming through Enviro-Cycle. (Inaudible). The other car that the boys was
15
1 killed in, was coming from the south excessively fast. Now, that's an immediate concern, but it's
2 also the past. Now if that happens again and the trucker can't get around the corner,with a big low
3 boy and a long truck,which we don't accept in our outfit,in(inaudible)this big with a low boy with
4 a long fract tank and full fract tank,he couldn't make the corner,he backed up and he had a problem.
5 CHAIR GEILE: Mr.Cervi,I apologize for interrupting you,but,what we have
6 in front of our, in front of us right now,is should we continue it or not. Ah,we've had our staff say,
7 "No",we've had other people in the audience say, "No". I guess what we need to know is why we
8 should continue it, you need to give a basis to consider it, or to not consider it and proceed with the
9 hearing today.
10 MR. CERVI: The issues they brought up are not of concern or we don't have any
11 control over. They are not concerns. Now we, should (inaudible) about the explosion, that's
12 incorrect, we corrected that. We put a huge wall around it, a huge wall is now around the heater
13 treater that she's referring to. We'll confirm that, there are no more explosions anymore. That's
14 exactly right, we've toned it down, you can't even hear, she can go any hour of the day or night,
15 there's not any sound violations. Now, I, she's (inaudible) incorrectly, the explosions.
16 There has only one spill at the facility in the entire operation,that was correct,around
17 the first of the year. They tried to(inaudible)this is a huge cement padded facility. There is not any
18 concern here, we asked for a continuance for the fact that they brought up, if you'll look in those
19 (inaudible) the gate was unlocked. We never locked the gate,this is a manual facility. (Inaudible)
20 you couldn't get emergency equipment in.
21 CHAIR GEILE: What are,may I ask what you are asking the continuance to do?
22 It sounds to me
23 MR.CERVI: I asked for a continues to in the meantime to try to correct these things
16
1 to their satisfaction. We were notified the third to try to correct them. I'm asking for a continuance
2 one,the concerns go back(inaudible),two,we need more than what has been(inaudible.) To correct
3 these things (inaudible) we need continuance to correct these things.
4 CHAIR GEILE: Are there any other questions from the Board?
5 UNKNOWN: Can I address the Board?
6 CHAIR GEILE: Only if it has to do with the continuance.
7 MR. MAHONEY: I think so. Can you tell me why it's been three and a half
8 months (inaudible) to do something. Well, the point is that through the past few months, he has
9 been,Enviro-Cycle has been making changes. They have built this wooden fence around heat unit.
10 They have been doing other activities to address the issues that they have been informed of from the
11 County, at times. So, they haven't been setting there for three months, and all of a sudden, they
12 called me right before Christmas and said this,they're(inaudible)on doing something. (Inaudible.)
13 Thank you.
14 CHAIR GEILE: We have a question in front of us on the continuance. Is there
15 any further comments from staff? Concerning the continuance. If not,I'll bring it back to the Board.
16 Commissioner Vaad.
17 COMMISSIONER VAAD: Well, Mr. Chairman, having heard, ah, from the
18 neighbors in the area and from our people, and from the applicant, I'm of a mind to go ahead and
19 move for a continuance. I haven't heard anybody request how long the continuance should be, I
20 don't want this to go on forever, and 30 days, in my opinion is enough, but maybe, that's not an
21 expert opinion, so I'd like to hear the applicant's, if they could meet, the resolving of these
22 noncompliance issues dated December 1st that we sent to them in a letter or show us a plan to get
23 them remedied, (inaudible). To remedy those in 30 days then that's what I would move.
17
1 CHAIR GEILE: If you'd give your name and address again for the record.
2 MR. MAHONEY: John Mahoney, (inaudible), 1601 10th Avenue, Greeley.
3 (Inaudible)regarding that list. Wednesday I delivered(inaudible)letter to both the Planning and the
4 Health Department requesting 60 days. Mr. Cervi and I had reviewed the issues and said we don't
5 want this rushed into and do something, you know, we want to do stuff properly. (Inaudible) we
6 want to prepare a detailed management plan for the facility,but we need to review the old one and
7 make sure everything is up to date, and redo the drawings as Ms. Chester requested us to do, so we
8 need,we requested 60 days in that letter that we(inaudible)to the County. So that's where we stand.
9 If we had only 30 days, we might not get it all done, (inaudible) guidance specifically what they'd
10 want us to address by then. That's our(inaudible) approach that.
11 CHAIR GEILE: I thought you were given a lot of time, I was going to suggest
12 a week. I'm not kidding.
13 MR. MAHONEY: I'm sorry,but reviewing some of the plans, and what not is a
14 little bit time consuming, and making some other changes and what not, it's, takes a lot of time to
15 (inaudible).
16 CHAIR GEILE: Commissioner Vaad.
17 COMMISSIONER VAAD: Mr. Mahoney, if I may,you understand that you're in
18 noncompliance, and so it's not a negotiable thing.
19 MR. MAHONEY: Well, I'm not just saying that we requested (inaudible)
20 COMMISSIONER VAAD: And so when we get to 60 days,
21 MR. MAHONEY: I'll put whatever hours in I have to and, and, (inaudible).
22 COMMISSIONER VAAD: You need to take this very seriously.
23 MR. MAHONEY: (Inaudible)
18
1 COMMISSIONER VAAD: At the end of 60 days,these will all be resolved or the
2 game's over.
3 MR. MAHONEY: (Inaudible)
4 COMMISSIONER VAAD: Sixty days.
5 MR. MAHONEY: Will we be able to address,
6 MR. CERVI: Mike Cervi again. Sixty days is long enough to address all the issues.
7 The point is,who's going to settle the discussion on the fract tank(inaudible)which the gas and oil
8 commission has condoned? I mean you say it's over. We're in noncompliance. That's a question
9 of discussion, whether we're in noncompliance or not. All of the things that are involved are with
10 the gas and oil, and you haven't proved it. Now, you people, this, this, these, this department is
11 saying it's noncompliant, that's a question that's got to be decided. But for you,I,I don't want you
12 to,here to tell me in 60 days it's over, `cause that's pretty serious language to me. We've got a fract,
13 a fract tank cleaning issue. All of the other issues can be corrected. But this fract tank issue,because
14 it hasn't been corrected, `cause nobody, the gas and oil commission has condoned it, (inaudible).
15 You're saying, she's saying we can't do it, so being out of compliance with one agency that
16 supercedes this agency, it's a question that we've all got to decide first, before I can say I'm in
17 compliance or not. All the other issues can be addressed. Very easily.
18 COMMISSIONER VAAD: I accept that exception, and I will rely on counsel to
19 direct us,on which the authority, the appropriate authority over that issue. But on the other issues,
20 that's what my intent would be in giving you, or proposing 60 days, and that's up to the Board to
21 decide, that those issues will be resolved and not let's come back and talk some more with the
22 exception that you've just pointed about cleaning the refracting tanks or whatever those are.
23 MR. CERVI: We're willing to accept that, that's fine.
19
1 CHAIR GEILE: If I could before we make a motion, ah,counsel,we've had a
2 couple of, one member, especially, keeps raising his hand in the audience, I've closed the public
3 hearing, would it be, since we've been having this discussion trying to figure out where all of this
4 is going with Mr. Cervi and his representative, would it be inappropriate to let one more comment
5 from the public be presented to the Board? If the Board would so agree,that way we have all of the
6 bases, or all of the discussion before the Board.
7 MR.BARKER: I,Mr.Morrison has some comments regarding the issue that's
8 before you right now, and the reason why you may want to continue, I guess, it's my thought that
9 usually continuances are there, if a person comes in and says, "We're working on getting this
10 evidence for you"or"We need more time to prepare for this hearing"or whatever, instead of saying
11 we're trying to clean it up and want to do that before you have your Probable Cause Hearing, there
12 is time after a Probable Cause Hearing for, if indeed, you set it for a Show Cause Hearing, for the
13 applicant,or the operator,to go ahead and make those changes. And,that's something to consider,
14 but, excuse me, Mr. Morrison has some more comments on that.
15 CHAIR GEILE: Yeah,but I'd like to get back to my question,if I could, Bruce.
16 We have one gentlemen that's been raising, we've been discussing where we're going to proceed
17 with this, we've opened it to the public, we've closed it to the public, would it be inappropriate if
18 there's anyone, because of all that's been discussed here, anyone who might have any additional
19 comments on the continuance, would it be inappropriate to let them go ahead and make that
20 statement or testimony?
21 MR. BARKER: I think, ah, leave that to the Board's discretion as to if you
22 need,if you would like to hear any other information regarding the continuance. It may be that that
23 individual has some other information that you would like to hear.
20
1 CHAIR GEILE: That's why I've said, since we've discussed so many, we've
2 not had an absolute reason put before us,that,we more or less discussed or talked our way through
3 it, it might be appropriate, I would suggest to the Board that if there is somebody that wanted to
4 present any additional,anything else that hasn't been presented to us,to come forth now and do that.
5 But only as it relates to the continuance and you'll have to give your name and address,again,please.
6 MR. SHERROD: I'm sorry to come back up, I'm Dennis Sherrod. Ah,
7 (inaudible)Mr. Cervi's remarks about there is no more explosions,now,there was one three nights
8 ago. Approximately 9:00 at night,this is an on-going thing,the walls stopped a vibration,along with
9 tuning the machine up. It has not stopped the explosions,we still have that,it's an on-going thing,
10 the spill, I don't know the exact date it happened,but Wednesday of last week,which I understand
11 is several days past that,the cleanup was going on then. This was not immediately addressed. Our
12 concern is our welfare, our safety, our health, our, and our juveniles that live here. We don't think
13 this should be postponed,the violation has been going on for over thirteen months at this place,and
14 I think it's more than enough time,he's had his time to take care of the problems. I request that they
15 be addressed legally.
16 CHAIR GEILE: So,really,what you're saying is that three nights ago there was
17 another explosion, that's, I don't think we've heard that before.
18 MR. SHERROD: Yes.
19 CHAIR GEILE: Okay,thank you,sir. Is there any questions anyone would have
20 of, thank you, sir. Is there anyone else? Thank you. Commissioner Vaad. Yes, Lee.
21 MR. MORRISON: Mr. Chairman, I want to make sure, Lee Morrison, Assistant
22 County Attorney, that you not take the issue of whether the fract tanks are covered by the County's
23 authority or not completely off the table. Certainly not, you know, you should anticipate things,
21
1 guidance from our office (inaudible) departments. But, ultimately, you may have to decide that in
2 the hearing process. You know, so I won't address the details of that,but I don't think you should
3 exclude that from your motion,because you will hope to get some advice on that,because ultimately
4 you may still have to take that advice and formulate a decision on the issue.
5 CHAIR GEILE: Thank you,counsel. Any questions of staff or counsel? If not,
6 what's your pleasure?
7 COMMISSIONER VAAD: Mr.Chairman,if I might,because I know a little of my
8 schedule, Esther, could you tell us what 60 days from today is?
9 CLERK: Approximately March 12th.
10 COMMISSIONER VAAD: March 12? Okay. Thank you. Mr. Chairman,having
11 heard the testimony and read the record,ah,I am comfortable that the immediate health, safety, and
12 welfare of the surrounding residents has been addressed,even though we've heard not satisfactorily
13 in total,and I've looked at the dates of correspondence to Mr.Cervi and his response back to us. Ah,
14 I think it's reasonable, then, to continue, counsel, would we be continuing a Probable Cause
15 Hearing?
16 MR. BARKER: That's correct. That's what you're holding today.
17 COMMISSIONER VAAD: The Probable Cause Hearing, the Probable Cause
18 Hearing for 60 days, ah, with the understanding that we've heard from the applicant, or the owner
19 of the USR, that it is their intent to resolve these issues by that 60 days, and with reference to what
20 counsel has told us about who has the authority over cleaning the refract tanks to be determined at
21 that time.
22 CHAIR GEILE: There's been a motion made by Commissioner Vaad,is there
23 a second?
22
1 COMMISSIONER MASDEN: I'll second it.
2 CHAIR GEILE: A motion made by Commissioner Vaad to extend the, or to,
3 would we be extending it?
4 MR. BARKER: Continuing it.
5 CHAIR GEILE: Continuing the Probable Cause Hearing to March 12th,
6 COMMISSIONER VAAD: Or 60 days, whatever that
7 CHAIR GEILE: and seconded by Commissioner Masden. Is there any further
8 discussion from the Board? Commissioner Jerke.
9 COMMISSIONER JERKE: Thank you, Mr. Chairman, I would just ask for a roll
10 call vote, I will be voting against this,it seems, it appears to me that they're in open violation from
11 what I'm hearing from staff and from own operations concerning the fract, which they weren't
12 apparently allowed to do from the very get go with their Use by Special Permit, so I will be voting
13 against the motion before us.
14 CHAIR GEILE: Is there any further discussion?
15 COMMISSIONER LONG: I guess I'm,a matter of clarification,and I'm sure, that,
16 again, this is a continuance to delay the Probable Cause, and what I'm hearing them say is that they
17 want the time in order to fix things. And, I guess the continuance for me would be to gather
18 evidence for a Probable Cause. And, I guess I'm having some problem with that 60 days, that's a
19 long time, ah, for that whole thing to occur, if they just need it for evidence, I'm not comfortable
20 with that 60 days myself.
21 CHAIR GEILE: Any further discussion? Esther,would you do roll call,please.
22 CLERK: Robert Masden.
23 COMMISSIONER MASDEN: Aye.
23
1 CLERK: David Long.
2 COMMISSIONER LONG: No.
3 CLERK: Bill Jerke.
4 COMMISSIONER JERKE: No.
5 CLERK: Glenn Vaad.
6 COMMISSIONER VAAD: Aye.
7 CLERK: Mike Geile.
8 CHAIR GEILE: I'm going to vote no. So we have a couple of options,we can
9 reduce the time, the timeline, or we can go ahead with the hearing.
10 COMMISSIONER LONG: I'd like to make a motion that we continue this for a
11 period of a week, or whatever is going to be good for a calendar date within the, earliest possible
12 date, for them to gather evidence, like, well, I'm assuming that this time period would be used for,
13 so I, maybe two weeks, for the time of continuance.
14 COMMISSIONER JERKE: I'll second that.
15 CHAIR GEILE: Been a motion made by Commissioner Long, seconded by
16 Jerke to continue the hearing for
17 MR. BARKER: That would be January 29th, if it goes two weeks.
18 CHAIR GEILE: January 29th?
19 MR. BARKER: And I believe that, looking at your calendar, you will all be
20 here, you're all scheduled to be here.
21 CHAIR GEILE: January 29th, is that what, is that what your motion is,
22 Commissioner Long,
23 COMMISSIONER LONG: Yes.
24
1 CHAIR GEILE: and Commissioner Jerke, is that your second?
2 COMMISSIONER JERKE: Ah, yes.
3 CHAIR GEILE: Is there any further discussion on the motion? If not, Esther,
4 would you do a roll call,please.
5 CLERK: Robert Masden.
6 COMMISSIONER MASDEN: Aye.
7 CLERK: David Long.
8 COMMISSIONER LONG: Yes.
9 CLERK: Bill Jerke.
10 COMMISSIONER JERKE: Yes.
11 CLERK: Glenn Vaad.
12 COMMISSIONER VAAD: Yes.
13 CLERK: Mike Geile.
14 CHAIR GEILE: Yes. So that will be continued to January 29th at 9:00, the
15 Probable Cause Hearing. Okay. There's no further Planning issues to come before this Board, so
16 I will declare us adjourned.
17
25
Hello