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Home My WebLink About830162.tiff RESOLUTION RE: ACTION OF BOARD OF COUNTY COMMISSIONERS CONCERNING SUSPENSION OF CERTIFICATE OF DESIGNATION ISSUED TO MIKE CERVI FOR OIL FIELD FLUID DISPOSAL SITE AND AUTHORIZATION FOR CHAIRMAN TO SIGN ORDER WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Weld County Health Department has informed the Board of County Commissioners that Mike Cervi is in violation of the Certificate of Designation issued to him on November 8 , 1982 , for an Oil Field Fluid Disposal Site, and WHEREAS, said violations are as follows: 1) a breach has been made in the liner of the existing brine evaporation pond; and 2) brine solution has drained out of the pond and is being improperly used for construction purposes; and WHEREAS, said breach in the liner and the use of the brine solution presents an imminent threat to the health, safety and welfare of the inhabitants of Colorado as a result of the prob- ability of ground water contamination in the vicinity of the facility, and WHEREAS , the site of the facility is described as Part of Section 33 , Township 3 North, and Section 4, Township 2 North, Range 62 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, at a hearing conducted at 9 : 00 A.M. , September 21 , 1983 , it was determined by the Board that the Certificate of Designation issued to Mike Cervi, for the above described site, shall be temporarily suspended and an Order for Temporary Sus- pension, prepared by the Weld County Attorney ' s Office, be served upon Mike Cervi, or his representative, and that all operations at said facility shall cease immediately, and WHEREAS , this hearing was continued to 2 : 00 P.M. on September 21 , 1983 , at which time it was determined by the Board that the facility shall remain closed until such time as the Weld County e?1,Oy 7 830162 Page 2 RE: SUSPENSION OF CERTIFICATE OF DESIGNATION - MIKE CERVI Health Department has determined that said violations have been corrected and a notice filed with the Clerk to the Board' s Office to this effect. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado the the Certificate of Desig- nation issued to Mike Cervi, for the above described site, be, and hereby is, temporarily suspended, pursuant to an Order for Temporary Suspension prepared by the Weld County Attorney ' s Office. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Order to be served upon Mike Cervi, or his representative, advising of the temporary suspension to immediately cease all operations at the site. BE IT FURTHER RESOLVED by the Board that said suspension of the Certificate of Designation shall remain in effect until such time as the Weld County Health Department has determined that the above mentioned violations have been corrected and have filed a notice with the Clerk to the Board ' s Office to this effect. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of September, A.D. , 1983 .'1/4-71ATTEST: Qu„ tiiwv� Jar./ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED AT 2 : 00 P.M. HEARING and Clerk to the Board Chuck Carlson, Chairman By: �( C'<' �� / �1 O EXCUSED Deputy County C1e k John. T. Martin, Pro-Tem APPROVE AS TO FORM: � Gene R. Branther 7 County Attorney Norma�on \vmowar�, -- J.:cqu\ ine o nson ** Chairman Chuck Carlson was present at the 9 : 00 A.M. meeting and did sign the Order for Temporary Suspension. DAY FILE: October 3 , 1983 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO IN RE THE MATTER OF ) CERTIFICATE OF DESIGNATION FOR ) OIL FIELD FLUID DISPOSAL SITE ) ORDER FOR TEMPORARY ISSUED NOVEMBER 8 , 1982 , TO ) SUSPENSION OF A MIKE CERVI ) CERTIFICATE OF P. O. Box 169 ) DESIGNATION Sterling, CO 80751 ) NOTICE TO MIKE CERVI , HIS AGENTS, SERVANTS, EMPLOYEES, LESSEES, AND SUCCESSORS IN INTEREST: Pursuant to CRS 1973 , §30-20-112 , you are hereby notified that the Certificate of Designation granted November 8 , 1982 , by the Weld County Board of County Commissioners is temporarily suspended for your failure to comply with the Certificate of Designation, the terms of the Use by Special Review, Permit No. 481 , referenced by said Certificate of Designation and the statutes and regulations of the State of Colorado pertaining to solid waste disposal. The site being located in the following described property: Part of Section 33 , Township 3 North, and Section 4 , Township 2 North, Range 62 West of the 6th P.M. , Weld County, Colorado. You are further ordered to cease and desist from receiving oil field fluids until further order of this Board. You are further notified that the Board of County Commis- sioners will further consider this matter at 2 : 00 p.m, September 21 , 1983 , in the first floor hearing room of the Weld Centennial Center, 915 Tenth Street, Greeley, Colorado, at which time, you or a representative may be present and be heard. The grounds for the temporary suspension are as follows: a. That on or about September 19 , 1983 , you or persons under your control did breach the liner in the existing brine evaporation pond covered by the referenced Certificate of Desig- nation. b. That brine solution from said evaporation pond has drained out of the pond and further, that said brine solution was improperly used for construction purposes. c. That the breach in the liner and the use of the brine solution for construction did present, and now presents , an imminent threat to the health, safety, and welfare of the inhabi- tants of Colorado as a result of the probability of ground water contamination in the vicinity of the facility. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board By: uck Carlson, Chairman By: Date: y/z//5,3 Deputy &aunty erk -2- September 22, 1983 Mr. Wes Potter Weld County Health Department Greely, Colorado Dear Mr. Potter: This letter will confirm what I agreed to do with the pile of sand which has brine water in it. I " __ "_ - 1 " /24 will put it in the second pond being con- structed on top of the liner. All of this sand will be cleaned up upon completion of the pond now under construction. Sincerely yours, Lcce Mike Cervi '- fit Aste.'4 ili,vrtAce4° 54;:d__ p .1 8_ 3/ 79a 3 (O1415‘ othz2 q- 13- t3 rOr GEDIEK, I11�• George Cogarna, P.E. September 22, 1983 Mr. Mike Cervi P.O. Box 169 Sterling, Colorado 80751 Subject: Observation of Liner Backfill Operation Oil Field Fluid Disposal Site -Roggen, Weld County, Colorado Project 19671 Dear Mr. Cervi: As requested, we observed the backfill operation in a portion of the existing oil field fluid disposal pond at the subject site on September 22, 1983. The backfill operation was conducted in a trench excavated for a pipe which crosses the north berm of the pond in the approximate center of the berm. We observed only the final 12 inches of backfill. It is our understanding that the trench was approximately 4 to 4 1/2 feet deep at the end nearest the present fluid level in the pond (south end) . Upon our arrival at the site, the trench was up to grade on top of the berm. _On the south side of the berm, the trench was filled to within 12 inches of grade from 1 foot to approximately 8 feet (slope distance) above the present pool elevation. The present pool elevation is approximately 3 feet below maximum pool level. We observed as bentonite ("Magcogel", -200 mesh) was hand mixed with the on-site silty, clayey sands and placed in the trench. The mixture rate was approximately 1 part bentonite to 5 parts soil (207 bentonite) . This mixture was placed in an area approximately 5 to 6 feet wide capping the trench, which to our understanding was 24 inches wide, and overlapped the end of the trench by approximately 2 feet on the downslope side and covered the trench to 5 feet (slope distance) above the maximum pool elevation on the upslope side. This mixture was a minimum of 6 inches thick. Next, a minimum of 6 inches soil cover was placed over the bentonite/soil mixture as a protective cover. The patched area was then rolled with a Cat D-6c bulldozer to compact the soil. No density tests were performed on the bentonite/soil mixture or the protective soil cover. Consulting Geotechnical and Materials Engineers 1020 West 1st Avenue • Denver, Colorado 80223 • (303) 534-0882 - - -� I z_ , r If you have any questions, please contact our office. ii Respectfully submitted, GEOTE[C CONSULTANTS, INC. REGISTERED ENGINEERS BY ke-Ollit SefirMS.awit Cie.E,‘siER4)%ci % ' George Cogorno, P.E. ? President gx P 11215 W t} GC:DAC/tf A9jCSS/oNNt Tp� 3 copies sent ` pF(()' • ii II it It ii ii ii MECHEMg Inc �__- HEARING CERTIFICATION JJOCC1' #83-64 RE: TEMPORARY SUSPENSION OF CERTIFICATE OF DESIGNATION FOR AN OIL FIELD FLUID DISPOSAL SITE - MIKE CERVI A public hearing was conducted on September 21, 1983 at 2:00 P.M. , with the following present: Chuck Carlson Chairman - Excused _John T. Martin Pro-Tem - Excused Gene R. Brantner Commissioner Norman Carlson Commissioner - Acting Chairman Jacqueline Johnson Commissioner Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Health Dept. Representatives, Wes Potter and Ron Stow Shis hearing was carried over from the Board meeting held at 9:00 A.M. this morning, September 21, 1983, in order to give Mr. Cervi, or his representative, an opportunity to be present. Mr. Morrison, Assistant County Attorney, made this matter of record. He said a Temporary Suspension of a Certificate of Designation for an oil field fluid disposal site, issued to Mike Cervi on November 8, 1982, was issued this morning to Mr. Cervi or one of his representatives. Mr. Morrison said that this matter had been continued to this afternoon so that Mr. Cervi, or his representative, could be contacted. Mr. Morrison said that Mr. Cervi was present at this hearing. Mr. Morrison asked that Mr. Potter restate the facts which were brought to the Board's attention at this morning's meeting so Mr. Cervi could hear what was presented at that time. Wes Potter said his office had received information Monday morning that construction was taking place at the Cervi site. This report was investigated by Mr. Potter and Dr. Wooley, Health Department Director. Mr. Potter said they observed that a hole had been cut in the side of the existing evaporation pond and water had been allowed to run out of this pond onto the open area of the site. They spoke to the manager who explained that ths.. tia to was.used as construction water in order to facilitate working with the sand needed for the building of the new pond under construction at this time. Mr. Potter said that they feel that the liner of the pond has been jeopardized which is needed to prevent contamination from the brine waters. Mr. Potter said -the request is to temporarily close the site until an evaluation can be done of the pond and liner in use, and a repair facilitated in order to -ensure that the pond will hold water in the future. Mr. Potter said when Mr. Cervi had been contacted, Mr. Cervi explained the cut was made in the dike to provide water to the construction crew to make it easier to handle the sand which was very dry. Mr. Cervi also said they feel the water was just used to wet down the sand and then picked up and carried off the actual construction site to another location and placed in a pile, thus not causing any contamination problems. Mr. Potter said that this was not true, because when brine water is let out of a pond, regardless of how it is handled, the potential exists for the brine water to percolate through the sand. Mr. Potter said that when he spoke to Mr. Cervi today, Mr. Cervi stated, "Con- sider the facility closed." After discussion, Mr. Cervi came forward to address the Board. Mr. Cervi explained what has been happening during the -construction of the new pond and how the water has been removed from the existing pond. He said he does not feel there is any contamination at this time. Mr. Cervi explained what will be done to the pile of dirt and how it will be disposed of. He said an engineer was coming in to oversee the repair of the liner. After further discussion, Commissioner Johnson moved to continue the temporary suspension of Certificate of Designation until such time as the Health Department has filed a notice with the Clerk to the Board that the pipe has been removed and the pond repair has been TAPE #83-101 DOCKET #83-64 LHR 2102 Page 2 RE: HEARING CERTIFICATION - l;ERVI inspected and a certified letter has been received by the Health Department from the licensed engineer certifying the repair; also a letter from Mr. Cervi which guarantees that those -sands will be used for the blanket purpose in the second pond, before _reopening the site. When these conditions have been met Mr. Cervi will be allowed to reopen the site. Commissioner Brantner seconded the motion. After a short discussion, the motion carried unanimously. APPROVED: �J BOARD OF COUNTY COMMISSIONERS ATTEST: I FJ w^ WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Elerk to the Board Chuck Carlson, Chairman BY ' Q(Nt�u� JL /1‘.2EXCUSED Deputy County Cllerk John S. Martin, -Pro Sem S0 Gene R. Bran er Norman Carlson, Acting Chairman \�"•• e e John.o DAY TTI,F: September 2b, 1983 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS _FOLLOWS : DOCKET # 83-55, Ringer & Ringer Ent. DOCKET # Cervi Wastewater Facility DOCKET # PLEASE write or print legibly your name , address and the DOC - (as -� - ---ed 3pnve) ar the applicants name of flan ';:caring you are attTnd_r,y^. NA 'E ADDRESS HEARING :TTE`IDINrG ct l� 72- icy NORTON, UNDERWOOD AND LAMB, INC. ENGINEERING ASSOCIATES 1020 28TH AVENUE SUITE 205 GREELEY, COLORADO 80631 303 -351-0550 CI CMIICic CiMSWMiiq L' I r 6'+t`'r ; 1983 1, April 29, 1983 man coLO. Weld County Commissioners Centennial Building Greeley, CO 80631 Gentlemen: We recently made an inspection trip to the Cervi waste dumg site on behalf of the Morgan County Quality Water District to review compliance with the Special Use Permit approved by the Weld County Commissioners on February 16, 1983. The following violations were observed: 1. The office for control operation and security of the facility required by Item lA of the development standards was not constructed. 2 . All private interior roads do not seem to have been graveled as required. We had difficulty reaching the site by passenger vehicle. Item 2 of the devel- opment standards requires graveled roads. 3 . Item No. 4 requires retention of all fluids . There was considerable erosion around the inlet pipe to the pond which is obviously causing loss of liquids . An inlet structure is needed as well as extensive liner repair. 4. Item No. 1 of the development standards reads , "The site shall be secured to prohibit dumping when an employ- ee is not on the subject site. " The site was not secured and no employee was present. Truckers were dumping and leaving notes in a box. 5. Item No. 9 of the development standards requires as follows : "The operator shall provide measuring devices in all ponds which will not damage the lining" . Said devices shall be easily accessible and easily visible. " We observed no measuring devices . 6. Item No. 14 of the standards requires the construction of adequate fencing to control access. A one strand barbed wire fence once existed but was down on the ground permitting access to anyone, or anything. I don 't believe the fence was ever "adequate". Weld County Commissioners Page 3 April 29 , 1983 7 . Item No. 17 requires that Morgan County Quality Water District shall be granted access in order to insure that the operations carried out comply with regulations . Morgan County Quality Water District representatives have been denied access to test wells. Locks have been placed on the well covers . Jerry Ostwald requested access to obtain samples and Mr. Cervi refused stating that he would have to coordinate with them when they obtain samples. He has made several calls since without success . 8. Item No. 20 of the development standards states as follows : "Non-compliance with any of the above stated development standards may be reason for revocation of the special use permit by the Board of County Commissioners . " Please consider this letter to be a request to revoke the permit for operation of the Cervi site because of extensive and continued failure to comply with the development standards. During the time when the facility is stopped, it is requested that the Morgan County Quality Water District be provided unhindered access to monitor the pond level for indication of leakage. Very truly yours , NORTON, UNDERWOOD AND LAMB , INC . eorg inSwoot, k. . GMU:jc cc : Morgan County Quality Water District , ♦ n i t t l y_. i ; _,5n -, ,,1 # ,�A,_ cam! . i i _4. IYy. d r ( 4, .I ,5.. rn sh ,:f 1$,.. ) ) H S r' G' C h.:. / ♦ �! ] s A t } t ; l ;•/ fre V- rt } Y (� / t`, E. l 1 4. \ I 7 AJW y �,. 4T t el , P a. e k 4 • F 1 1 / 04 ✓,. i" Hello