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Home My WebLink About890457.tiff RESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY SPECIAL REVIEW NO. 481 , ISSUED TO MIKE CERVI, DBA ROGGEN DISPOSAL 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 Department of Planning Services has submitted a request to the Board of County Commissioners to consider a Show Cause Hearing to determine whether or not Mike Cervi, dba Roggen Disposal , is in compliance with Development Standards No. 9 , 17 , and 20 , and approved minor changes of Use by Special Review No. 481 , and WHEREAS, the property on which the violations are alleged to be occurring is described as part of the WI NWi of Section 3 , and part of the Ei NEi of Section 4 , all in Township 2 North, Range 62 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Mike Cervi was represented at this Probable Cause Hearing by Tom Cope, of Total Engineering, and WHEREAS, the Board, after hearing testimony from representatives of the Department of Planning Services and the Health Department, finds that there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not Use by Special Review No. 481 , issued to Mike Cervi, should be revoked for failure to comply with certain Development Standards and approved minor changes, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review No. 481 , issued to Mike Cervi, should be revoked. BE IT FURTHER RESOLVED by the Board that the issues to be considered by the Board at said Show Cause Hearing are as follows: 1 . Whether or not the minor changes approved in a letter dated June 24 , 1988 , to Cecil Crow, of Alpha Engineering, are constructed as proposed. • (V, " =-:,, :'-, 890457 Page 2 RE: SET SHOW CAUSE HEARING - MIKE CERVI 2 . Whether or not the facility is in violation of Development Standard #9, which requires the installation of a measuring device in all ponds. 3 . Whether or not this facility is in compliance with approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations , which by incorporation would be violations of Development Standard #17. 4 . Whether or not the facility is in violation of Development Standard #20 regarding compliance by the owner/operator with all Development Standards. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be June 21 , 1989 , at 10 : 00 a.m. , and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 24th day of May, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: 'eAA-0,44�0 WELD COUNTY, COLORADO Weld County lerk and Recorder ",,,Zesl and Clerk to the Board C.W. Kifby, Chairman ‘00KIN._ u ine hnson, Pro-Tem eputy County lerk EXCUSED APP VED AS TO FORM: Gene R. Brantner z(/l,{/�i'\ George Ke County Attorney c?- Godrd Lacy 890457 PROBABLE CAUSE DATE: May 24, 1989 CASE NUMBER: ZCH-36 USR NUMBER: USR-481 OWNER/OPERATOR Mike Cervi P.O. Box 169 Sterling, CO 80751 LEGAL DESCRIPTION: Part of the War NWi of Section 3, and part of the El NE4 of Section 4, all in T2N, R62W of the 6th P.M. , Weld County, Colorado LOCATION: 2.5 miles east of the Town of Roggen and south of 1-76. It is the opinion of the Department of Planning Services' staff that the following Standards ?, (99; y2, 1�4, (O, (20) as approved for USR-481 and approved minor changes are not in compliance: - The minor changes approved in the letter dated June 24, 1988, to Cecil Crow, P.E. , Alpha Engineering are not constructed as ,,--- proposed. The concrete joints in the spill pads _ r_ot sealed to contain spilled materials. The engineer for the project must certify the pad's integrity to contain spills. - Development Standard 9 required the installation of a measuring device in all ponds. A temporary measuring device has been installed only on the north pond. - Development Standard 17 required that all phases of the operation comply with all County and State Health Department Regulations. The February 22, 1989, letter from Wes Potter to Mike Cervi, owner of Roggen Disposal, Inc. , indicated the pond's surfaces are covered with oil, the facility is not in compliance with the approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations. Development Standard 20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on June 21, 1989, to consider revocation of USR-481. 890457 INSPECTION REPORT NAME: Roggen Disposal (Mike Cervi) LEGAL DESCRIPTION OF PROPERTY: Part of Section 33, T3N, and Section 4, T2N, all in R62W of the 6th P.M. , Weld County, Colorado DATE: April 17, 1989 CASE NUMBER: ZCH-36 The property was inspected to determine compliance with Standards #2, 9, 12, 14, 17, 20, and approved minor changes. Standards #2, 12 and 14 are in compliance. Standards #9, 17, 20, and approved minor changes are not in compliance. Standard #9 required the installation of measuring devices. A temporary measuring device has been installed on the north pond. No measuring device was observed on the south pond. Standard #17 required that all phases of the operation comply with all county and state health department regulations. The February 22, 1989, letter from Wes Potter to Mike Cervi, owner of Roggen Disposal, Inc. , indicated the pond's surfaces are covered with oil and that the facility is not in compliance with the approved minor changes and the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations. Development Standard #20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. _I elt A. Schuett Current Planner 89 457 DEPAR ENT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 ;; 915 10th STREET .! GREELEY,COLORADO 80631 f -, e. _, COLORADO April 26, 1989 Roggen Disposal c/o Mike Cervi P.O. Box 169 Sterling, CO 80751 Subject: ZCH-36 Dear Mr. Cervi: Notice is hereby given that on Wednesday, May 24, 1989 at 9:00 a.m. , or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld- County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review case number USR-481 for compliance with the Development Standards as approved by the Board of County Commissioners on May 26, 1982, to determine if probable cause exists to hold a hearing on revocation of USR-481. Inspection by representatives of this office have identified that you are not in compliance with Developments Standards 2, 9, 12, 14, 17, and 20 and approved minor changes of USR-481. If it is determined at the public hearing that there is probable cause that you are not in compliance with Development Standards, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. • 890457 Roggen Disposal april 26, 1989 Page 2 If you have any questions regarding this matter, please telephone. Respectfully, Keith A. Schuett Current Planner KAS:rjg pc Wes Potter, Environmental Health Lee Morrison, Assistant County Attorney enclosures 890457 INSPECTION REPORT NAME: Roggen Disposal (Mike Cervi) LEGAL DESCRIPTION OF PROPERTY: Part of Section 33, T3N, and Section 4, T4N, all in R62W of the 6th P.M. , Weld County, Colorado DATE: April 17, 1989 CASE NUMBER: ZCH-36 The property was inspected to determine if it is in compliance with the approved Development Standards, Conditions of Approval, and approved minor changes. The inspection showed that the property is not in compliance with Development Standards 2, 9, 12, 14, 17, 20, and approved minor changes. - Development Standard 2 limits the special review permit area to one graveled accesses. At the time of inspection, a truck entered the facility from the I-70 Frontage Road. The approved access road is off of Weld County Road 75-1/2. - Development Standard 9 required that a measuring device is to be installed in all ponds. This measuring device has not been installed on both ponds. - Development Standard 12 required that the ponds are to be tested for integrity, life expectancy determined. A copy of this report is to be submitted to the Colorado Department of Health and the Department of Planning Services. This report has not been submitted as required. Development Standard 14 indicates that adequate fencing is to be installed to control access to all ponds. Adequate fencing has not been installed. Cows have gained access to the pond areas. Tracks from cows were observed along the edge of the high water mark in the soft cover material. - Development Standard 17 required that all phases of the operation are to be in compliance with all County and State Health department Regulations. The February 22, 1989, letter from Wes Potter to Roggen Disposal indicated that the facility is not in compliance with the approved minor changes, the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations, and the pond surfaces are covered with oil. - Development Standard 20 indicates that the owner and/or operator is responsible for complying with all Development Standards. All standards are not in compliance. 890457 .. • Inspection Report April 17, 1989 Page 2 The minor changes approved in the letter dated June 24, 1988, to Alpha Engineering have not been constructed as approved. The approved plans called for 6 inch PVC pipe and a concrete pad that would not allow materials that were spilled onto it to enter the ground below. The pipes used are not PVC and joints in concrete pad do not appear to be sealed. . .‘:///Z_ X!7,0._ • eith A. Schuett Current Planner — — - — — - - _. — - Alb - t, fit~~ =a.�a �'•�� " r' '.) ;,....„4,:t i a 11 - , 00.11k 7 741‘ -III,* N 404fim%Alkollo.illki:41$111 - . r•, , r, ..!,,, I ArilloWt. ..r. ----15.,,, A.-":.,-,kk..,,':�¢ �,r At jj 'mix t. t .r f ..��, y .T, . %. , it'f-,., 4,,V ' .1 \ kl a. it / ,ii ' I- - "-..'{� • (.� . �}•( �� is .f � T4� _ _,"":".-• �� yam,_ I 1 ,r, f ) , f 1 l ea`!;x,11 `�` \y �-f'1$ -. . ..t t -„fivt-Y-r..}.„ .. j 'i.' E»I. -.•" .....t4. r' ,T--:7',........411 s. 1 ' -`" (--q'� r�",`.IS - I 89O 457•y �,r`- �_-sue *-.4, DEPARTMENT OF HEALTH \Zr 111NX) 1516 HOSPITAL ROAD GREELEY, COLORADO 80631 ADMINISTRATION (303) 353-0586 HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303)353-0639 COLORADO Certified #P 814 973 866 Legal Action #89-016 February 22, 1989 Cervi Ranches Roggen Disposal c/o A.J. P.O. Box 169 Sterling, Colorado 80751 • Dear A.J. : The facility owned by Mike Cervi located in Roggen, Colorado was inspected on February 14, 1989 by Lynn Robbio, Environmental Health Specialist of this department. The inspection revealed the following violations of the Solid Waste Disposa] Sites and Facilities Regulations for Surface Impoundments: 1. Non-compliance with approved design and operation. The pipe discharging into the ponds is steel. According to the approved design, the pipe material should be PVC. 2. The water surface of the pond is covered with oils. Please be advised that the operation of this site is in violation of the Colorado Solid Wastes Disposal Sites and Facilities Act Regulations, specifically Section 6.5 which states in part: 6.5 Waste impoundments shall be constructed according to detailed plans and using quality control measures specified in the facility engineering report to ensure attainment of design permeability and prevent mechanical or chemical degradation of liners during construction and active life. USEPA publication SW-879 (1983) is recommended for general construction guidelines. 6.6.5 All impoundments operated as evaporative treatment of disposal facilities shall be maintained as free as possible from oil or other surface scum. • 890457 // ( r -.4. A.J. Cervi Ranches Re: Roggen Disposal February 22, 1989 Page Two Please be advised that you have thirty (30) days from receipt of this letter to respond to the above cited items to bring the operation into compliance with the Regulations pertaining to "Solid Waste Disposal Sites and Facilities". Failure to respond and comply will result in appropriate legal action by this department. Sincerely, l.U.e )PCB,,, (1,f_ . A4,,-,, cam`" Wes Potter, Director Environmental Protection Services WP/dgc Enclosure cc: Randolph Gordon, M.D. , M.P.H. , Public-Health Director Chuck Kozel, M.P.H. , Health Administrator Lee Morrison, Assistant County Attorney n -qi.-_6;q_EiirTwT---N MAR 3 1 1989 t Id Cd. flaunt vlijllelljJ U • 890457 ( . r • • SOLID WASTE FACILITY INSPECTION (Surface Impoundments) County Facility ---__ DATE /y / 3,1 Located in Location � �? - 1 1 _(-Q Incorporated Area Current Operator' - JO1..-n, .4— Mailing Address of Operator Current Owner (If different) r 'L' 1/ �r„ I, - Mailing Address of Owner 1�� aaaaaansias=a3ssariaaaaana=as=aasoariaasaaaaaaa=scaaaaac=saaaasaaaaaxaaflfacaa (All items checked must be explaind in-supplemental report) I. A. Public Health and/or Environmental Hazards — B. Evidence of Potential for (Serious) Surface Water Pollution C. Evidence of Potential for (Serious) Groundwater Pollution D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards __..X... F. Non-Compliance with Approved Design and Operation • - G. Structural Integrity of Dikes Questionable H. Records • I. Other * REMEDIAL ACTION REQUIRED II. Minimum Standards, CRS 30, 20-110 A. Odors and/or Vectors Present B. Inadequate Fencing (to control access) C. Not Designgted and/or Improperly Zoned •D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) E. Evidence of Minor Spills Around Disposal Area xF. Water/Liquid Surface Covered with oil(s) or scum G. Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. I. Recommendations for-Site Improvement J. Other III. Remarks .. 1 , - ' - - (-. -- .......................... ' — - a=xaasaa=aaaaax33aasa=saaamaa 1 aazaaaaaaassaaasza3asaaa (Name) PRESENT AT INSPECTION _1 (Representing) -e I Inspection Engineer/Geologist 7 G 1- ' . , :, 890457 (WHITE COPY-FILE) (YELL W COPY fPPP rr n\ _ DEPART : OF PLANNING SERVICES ,;�, i PHONE(303)356-4000 EXT.4400 915 10th STREET fo . GREELEY,COLORADO 80631 .'' . 4 ' Tom- ,.:, ® - t •Syr ^t• +af.w_ • COLORADO June 24, 1988 Alpha Engineering Attention: Cecil R. Crowe, P.E. P.O. Box 392 Fort Lupton, CO 80621 Re: Renovation of USR-481 located in part of the Wi Section 3, T2N, R62W and the Ei NEl of Section 4, T2N, R62W, of the 6th P.M. Dear Mr Crowe, The Department of Planning Services' staff has reviewed your request to renovate the Use by Special Review at the Roggen Oil Field Fluid Disposal Site. The renovation is to include the replacement of the three buried tanks and the three above ground tanks with a 100-barrel concrete tank, and four 400-barrel above ground steel tanks located on a concrete pad with a spilled liquid drain, and the cleaning of pond "A" with installation of a . new three-foot thick clay liner. The Department of Planning Services' staff has determined that the above replacements would not be considered a material deviation from the approved Use by Special Review permit provided that that the following conditions are complied with: 1. Appropriate building permits are obtained. 2. A copy of the construction and operations plans approved by the Weld County Health Department shall be submitted to the Department of Planning Services prior to the start of construction. These plans shall provide a detailed description of work to be completed and all materials to be used. 3. A Colorado Registered Professional Engineer shall be retained to insure that the construction is completed as indicated on the approved construction and operations plan. During the time of construction, the engineer shall provide the Weld County Health Department with weekly progress reports. 4. The property is to remain in compliance with all development standards set forth in USR-481. All construction compl ad • by September 23, 1988. C. r• Cecil Crowe - June 24, 1988 - - - Page 2 - 5. Within 5 working days of the completion of construction, a copy of a report, completed by the Colorado Registered Professional Engineer, certifying that the construction and materials are in compliance with the approved construction and operations plan shall be submitted to the • Department of Planning Services and the Weld County Health Department. - If you have any questions, please call or write. , Sincerely, K, J Cx a.- h chuet A S iv. Current Planner- KAS:dn pc Mr. Mike Cervi P.O. Box 169 • Sterling, CO 80751 Wes Potter, Environmental Health _ 8:90457 4,-ii( mEmoRAnDUrli wil To Board of County Commissioners Date October 4, 1983 C. COLORADO From Wes Potter, Environmental Health Subject: Cervi Disposal Site In accordance with his agreement with the Board on Wednesday, September 21, 1983, Mr. Mike Cervi retained the engineering firm of Geotek, Inc. , of Denver to supervise the repair in the pond dike at his Roggen disposal site. On Friday morning, September 23, 1983, our office received a letter from Geotek, Inc. , describing the repair and the materials used. We also received a letter from Mr. Cervi describing what he intended to do with the contaminated soil piled at the site. On Friday afternoon, September 23, 1983, I visited the site to inspect the repair and the rest of the facility. The pipe had been removed from the dike as required. The repair does appear consistant with the engineering report and looks sufficient to hold the liquid in the impoundment properly. Permission to re-open the site was granted at that time, since the four conditions of the September 21, 1983 Board-Cervi agreement had been met. WP/bks cc: Dr. Ralph Wooley, Director Weld County Health Department Ronald K. Stow, Director Environmental Health it i_if— w_c-T-n r---,7--',N.b I OCT 4 ______/ejj',::,o3 .' —LY, COLO. kcs,,vw 41 I0:io'l _ !J)`-/, /C/S I` Y ALPHA ENGINEERING CIVIL ENGINEERING • LAND DEVELOPMENT• PROPERTY SURVEYS June 20, 1988 Planning Director Weld County Planning Department 915 10th Street Greeley, CO 80631 RE: Cervi Hydrocarbon Disposal Site, USR-481 :81 :27, Renovation plan. Dear Sir: Mr. Cervi requests approval of the attached renovation plans for the above described site. The renovation is being done to replace the buried tanks with tanks on a concrete pad. The concrete pad will have a drain that will carry any spilled liquids into a concrete tank. Evaporation Pond A will be allowed to dry up. When it is dry enough to work the pond will be cleaned and a 3 ' thick clay liner, compacted to limit permeability to less than 10 to the minus 6 inches per second installed. Operation of the site will be the same as it was before renovation with trucks pumping the fluids into the tanks, oil removed from the tanks and other solids being contained in the tanks that are cleaned when needed. There are 3 sheets of plans attached, Renovation site plan, Steel tank and concrete pad details and Concrete tank details. Sincere! 0 \\\ ommiuirrU�i `je GAL R CRp/L ( Cecil R. Crowe, PE & LS 12330 �;°�G'Sr ••. F . (t. F • o:. 0 • 12330 =i_ ,0 ;off a oeo C0\-0�� 6/7 5TH ST. - P.O. BOX 392 • FORT LUPTON, COLORADO 8062/ METRO 1303)573-5186 • FORT LUTON !3031857-2308 MIKE CERVI USR-481:81 :27 DEVELOPMENT STANDARDS 1. The use shall be an oil field fluid disposal site for the sole purpose of disposal of oil field brine wastes and the recovery of any oil associated with the waste received at this site. One employee shall be on the facility during dumping hours. The site shall be secured to prohibit dumping when an employee is not on the subject site. No toxic or hazardous wastes shall be accepted at this facility. The proposal shall include the facilities shown hereon. Said facilities shall be: A. One (1) structure built in accordance with the requirements of the Weld County Building Code and utilized as an office for the control, operation and security of the facility. B. The applicant shall be limited to four (4) State Health Department certified ponds at this facility. C. The barrel tanks on the facility shall have a total minimum capacity of 500 barrels and not exceed 2,500 barrels. D. Two enclosed concrete dumping pits. 2. Access to the Special Use Permit area is limited to one access point shown hereon. The access shall have the approval of the State Highway Department. The access shall be constructed in accordance with the recommendations and/or requirements of the State Highway Department. All private interior roads shall be graveled. 3. A three (3) foot clay liner shall be constructed for containment purposes in all ponds associated with this site. A substitute liner may be used as an alternative if such liner is approved and certified by the Colorado State Health Department prior to construction or to allow a substitute liner to be determined after the grading has been completed. Such liner shall also be approved by the Board of County Commissioners at a regular public meeting. 4. The liner shall be placed in an approved manner to achieve a retention of all fluids for the maximum life expectancy of this facility. The methods of placement used and values obtained for acceptance of the liner shall receive prior written approval from a qualified and registered soils engineer (and the Colorado Department of Health Waste Management Division) . A copy of such document shall be filed in the office of the Department of Planning Services prior to conditional approval. 5. A minimum six (6) inches of protective soil cover be placed on the prepared clay surface of each pond. 6. The bottom of the pond liner shall be located no closer than fifteen (15) feet from the top of the existing water table. 7. A qualified soils engineer shall monitor the construction of ponds and provide written certification to the Colorado Department of Health-Waste Management Division and the Department of Planning Services prior to conditional approval. 8. The applicant shall discuss with the Colorado Department of Health Waste Management Division and agree to a minimum free board determination for this operation. A copy of this agreement shall be filed in the office of the Department of Planning Services prior to conditional approval. Waste shall not be allowed to accumulate above the minimum free board level. 9. The operator shall provide measuring devices in all ponds which will not damage the lining. Said devices shall be easily accessible and easily visible to the Colorado Department of Health and Weld County Health Department. 10. The applicant shall discuss with the Colorado Department of Health Waste Management Division and agreed to a plan for periodic monitoring of the facility. This plan should include the frequency intervals and parameters to be sampled for both ground water and effluent contained within the ponds. A copy of this agreement shall be filed in the office of the Department of Planning Services prior to conditional approval. 11. Prior to start-up of the new facility, the site shall be inspected by a representative of either the Colorado Department of Health or the Weld County Health Department. 12. At the end of five years (from the date of final project approval) the owner and/or operator shall sample test the liner material to determine integrity and life expectancy performance. A copy of these results shall be submitted to the Colorado Department of Health and the Department of Planning Services. 13. The settling ponds shall be screened with a one inch wire mesh to prevent wildlife gaining access to. the pit. All settling ponds shall have flagging devices placed no more than ten (10) feet apart to discourage birds from landing on the water surface. These flagging devices shall be maintained in good repair throughout the life of the operation. 14. The applicant shall install adequate fencing for control of access to all ponds located at this facility. 15. An access road shall be constructed and maintained around the perimeter of each pond such that there is adequate access for a vacuum truct to skim oil from all areas of the holding ponds. 16. Four test wells have been located and constructed for determining local direction of groundwater flow at this site. The wells were placed in such a manner that one (1) well is upgradient of the site and the remaining wells are located downgradient. The wells shall be maintained during the life of the facility. 17. All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. Representatives or members of the Weld County Health Department, Weld County Department of Planning Services Staff, Colorado Department of Health and/or Fort Morgan Water Quality District shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with all applicable Weld County and State Health Regulations. 18. Upon cessation of operations at the site all structures shall be removed to thirty (30) inches below grade and all ponds or pits shall be filled and graded so as to conform with the surrounding terrain. The special use permit area shall be reclaimed to the condition prior to this operation. 19. The Special Use Permit shall be limited to the plans shown hereon and governed by the Development Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Development Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Development Standards shall be permitted. Any other changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services. 20. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Noncompliance with any of the above stated Development Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. 21. Any waste removed from the ponds shall be disposed of at a dump site approved to handle such wastes. \ / Hello