HomeMy WebLinkAbout850791.tiff RESOLUTION
RE: APPROVE CONTINUANCE OF HEARING TO CONSIDER APPEAL TO CEASE
AND DESIST ORDER - MONSON BROTHERS COMPANY
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 , on the 5th day of June, 1985 , the Board of County
Commissioners held a public hearing concerning the Appeal to Cease
and Desist Order issued to Monson Brothers Company, and
WHEREAS, at said hearing, the Board heard testimony of a
portion of those present and reviewed the submitted evidence, and
WHEREAS, it was determined that this matter be continued to
July 17 , 1985 , at 2 : 00 P.M. , at which time the Board shall hear
testimony from those not yet heard, and shall review any new
evidence which is presented.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hearing to
consider the Appeal to the Cease and Desist Order issued to Monson
Brothers Farms be, and hereby is, continued to July 17 , 1985 , at
2 :00 P.M.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
June, A.D. , 1985.
BOARD OF COUNTY COMMISSIONERS
ATTEST:ATTEST;1/411fictat WELD COUNTY, COLORADO
Weld County 41erk and Recorder
and Clerk to the Board J lineo nson , Chairman
e *rah/ILA.-
BY: D bi @m,Jt, 0k2 Gene R. Brae Tem
Deputy County Clerk
APPROVED A TO FORM: C.W. ' b
G ^� . Lr y
f
ounty Attorney
Fran a u
850791
HEARING CERTIFICATION
DOCKET NO. 85-23
RE: APPEAL OF CEASE AND DESIST ORDER ISSUED TO MONSON BROTHERS COMPANY
A public hearing was conducted on June 5, 1985, at 2:00 P.M. , with the
following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Health Department representative, Wes Potter
Certified Court Reporter, Colin Campbell
The following business was transacted:
I hereby certify that pursuant to a notice dated April 29, 1985, and
duly published May 23, 1985, in the Johnstown Breeze, a public hearing
was conducted to consider an Appeal by Monson Brothers Company, to a
Cease and Desist Order which was issued by the Weld County Health
Department. Lee Morrison, Assistant County Attorney, made this matter
of record. Chairman Johnson explained that the procedure for today's
hearing will be to allow the Health Department representative to make a
presentation and call witnesses; the attorney representing Monson
Brothers Company can ask questions of those witnesses, with the Health
Department representative being allowed to ask further questions; the
Board can ask questions; then the process will be reversed; summaries
from each side will be heard; and then comments will be heard from the
general audience. She said the burden of proof lies with the Health
Department; therefore, they will be allowed a final rebuttal. She said
each witness would be sworn in by the Court Reporter. At this time,
Roger Klein, Attorney for Monson Brothers Company, submitted Exhibit
#1, a written position statement, to the Board. (During this hearing
exhibits were submitted by Mr. Klein and Mr. Potter.) Wes Potter said
that the Health Department has received many complaints about the onion
disposal site which is owned by Monson Brothers Company. Mr. Potter
then showed, and explained, slides of the site which were taken on
March 29, 1985. These slides are listed as Exhibit J. Mr. Klein
questioned Mr. Potter concerning the slides and other testimony which
he had given. Mr. Potter read portions of a petition, which had been
received by his office, containing complaints of nuisances caused by
the onions in the field. Those witnesses called by Mr. Potter, and
sworn in by Mr. Campbell, were: Dorothy Zabka, Dorothy Peters, Mary
Reichel, Marjorie Quaco, Chuck Carlson, and Bill Honn. The major
complaints from these witnesses were the odor, gnats, flies and debris.
(Tape Change 85-43 during testimony of these witnesses.) He called Dr.
Howard Schwartz, Plant Pathologist, and Dr. John Capinera,
Entomologist, to give their opinions concerning the disposal of the
onions on this site and the types of insects which could emanate from
these onions. He also called Ed Monson, part owner of the company.
Mr. Klein questioned each of the witnesses and questions were also
asked by the Board and Mr. Morrison. Mr. Potter submitted Exhibit K,
transcript of hearing conducted by the Health Board on November 4,
1984. Mr. Morrison said other Exhibits A-J had been submitted earlier
and marked as Exhibits, but they are not automatically in evidence, and
at this time Mr. Klein has the opportunity to object. Mr. Morrison
explained each of the Exhibits. Mr. Potter asked that these Exhibits
be made a part of the record. Mr. Klein requested that Exhibit C,
Page 2
RE: CERTIFICATION — MONSON BROTHERS COMPANY
transcript of the hearing conducted by the Health Board on April 8,
1985, be excluded from the record. His objections to this document
were that this is an incomplete transcript, the witnesses had not given
testimony under oath, and hearsay statements were made which he was
unable to cross examine. After discussion, and comments by Mr.
Morrison, the Board agreed that Exhibit C would not be accepted as part
of the record. The Board asked further questions of Mr. Monson.
Considerable discussion followed. At 4:40 p.m. , Chairman Johnson
explained that the Board has a prior commitment and this hearing would
not be able to continue much beyond 5:00 p.m. She said that the Board
intends to give Mr. Monson and his counsel full opportunity to present
their case. Mr. Klein said he would prefer having the hearing
continued rather than not have the Board hear his entire presentation.
He said he had witnesses who had traveled a distance and he would like
to call them today if possible and the Board agreed to this. Dr.
Schwartz was called at this time and reminded that he was still under
oath. Mr. Klein questioned Dr. Schwartz about the methods of covering
the onions. (Tape Change #85-44) Mr. Klein called Dr. Barry
Wingfield, Entomologist, who said that he does not believe the gnats
which have been described in previous testimony are onion gnats. He
explained why he had reached this conclusion. Dr. Wingfield answered
questions of Wes Potter and Mr. Morrison. Mr. Klein called Ken
Wiggers, neighboring landowner, to give testimony. Mr. Wiggers said
his home is the closest to the onion disposal field and he does not
feel that the odor problem is that bad. He said that there had been a
number of gnats, but the problem had not been as extreme as testified
earlier by others. Mr. Klein submitted Exhibits 5, 6 and 7 at this
time. After further discussion, Mr. Potter read suggestions which he
feels should be followed by Monson Brothers Company into the record.
Commissioner Lacy moved to continue this hearing to July 17, 1985, at
2:00 p.m. Commissioner Kirby seconded the motion and it carried
unanimously.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST: l WELD COUNTY, COLORADO
Weld County terk and Recorder �0 �• � .
and ((Cllerkto the Board pp u ine /Johns., -,{�C-h-airman
BY I1�LC�llJ lk1 K2i 1'�C - �)� k� `t �vLy.+.�-r' -
Deputy County lerk Gene R. Brantner,. Pro-Tem
n
C.W. Ki b �j
Gor o acy
Frank Yamaguc
TAPE #85-42, #85-43 and #85-44
DOCKET #85-23
IBA 2264
June 5, 1985
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET # 85-23 - Cease & Desist, Monson Brothers Company
DOCKET # -
DOCKET #
PLEASE write or print legibly your name , address and the DOC R (as i_stad
above) or the applicants name or the hearing you are attending.
NeN. 1 ADDRESS HEARING ATTENDING
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ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET #
DOCKET #
DOCKET #
PLEASE write or print legibly your name, address and the HOC 4 (as '-__ted
above) or the applicants name of the hearing you are attending .
NAME ADDRESS HEARING ATTENDING
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ittit
DEPARTMENT OF HEALTH
PHONE(303)353-0540
1516 HOSPITAL ROAD
GREELEY, COLORADO 80631
C. HAND DELIVERED
COLORADO
April 1 , 1985
Monson Brothers Company
3146 Weld County Road 11392
Greeley, CO 80631
RE: Disposal of Onions in a field along Eaton Draw
Dear Sirs:
Please be advised that a hearing will be held at 1 :00 P.M. on April 8, 1985,
before the Weld County Health Officer and the Weld County Board of Health at
the Weld County Health Department, 1516 Hospital Road, Greeley, Colorado,
Conference Room 205, to determine if an order should be issued requiring you
to, pursuant to C.R.S. 1973, Section 25-1-613 through 25-16=21 and Weld County
Ordinance 56, to remove or abate a nuisance, source of filth or cause of sick-
ness which may be injurious to the health of the inhabitants of Weld County.
You may be present in person or through counsel and present evidence on your
behalf.
Failure to comply with an order of the Board of Health may subject you to lia-
bility for the cost of abatement and other penalities.
Sin rely,
di
w Ralph Wooley, M.D. , hector
Weld County Health Department
RRW/mr
cc: Lee Morrison, Assistant County Attorney
Weld County Board of Commissioners
Weld County Board of Health Members EXHIBIT
G
Letter - 4/1/8'
5.4..tN'.A tt
: Health Dept.
. .�• •r Cooserative Fmension Service
Colorado State University
Fort Collins, Colorado
80523
Ed Monson
P.O. Box 1426
Greeley, CO 80632
November 2, 1984
Dear Ed,
The following information describes the rationale which supports our recom-
mendation to remove infested onion debris and culls as potential sources of
plant pathogens and insect pests. Onion pathogens, such as Purple Blotch caused
by Alternaria porri and Botrytis neck rot caused by Botrytis species, have been
reported as serious problems in Colorado since the late 1920's and early 1930's
(see copies of attached information by Bodine and Durrell, and LeClerg). These
workers reported that the pathogens can survive on old trash such as dead onion
tops, scales and culls; and offer a source of infection for healthy bulbs and
under conditions of high humidity and temperature may result in serious losses
in storage or in transit. Colorado (Dickens) and other states such as Idaho,
Illinois and New York all recommend that cull dump piles be destroyed by what-
ever means feasible such as herbicides, discing, plowing, or burning.
We encourage growers such as yourself to incorporate as much debris as pos-
sible after harvest by discing and plowing. We do not recommend that culls be
piled in the open near processing plants or in the vicinity of future onion
fields. Therefore, any measure you can take such as burying them in a trench
will help eliminate future sources of contamination by wind-blown spores of
these plant pathogens or insects such as maggot flies. I will be stressing this
recommendation of proper sanitation at our onion grower meetings this winter
because I observed many instances last spring of piles of rotting onions (cov-
ered by sporulating cultures of these pathogens) near new onion fields and at
the Greeley landfill that could have contributed to industry-wide problems with
diseases and insect pests, thereby forcing the growers to apply more pesticides.
I hope that this information sufficiently explains the rationale behind our
recommendations to properly dispose of onion culls.
EXHIBI
H
Sincerely, Letter-lll %84
s •
%/7/14---A-4 ��lk Health pa
Dr. Howard F. Schwartz
Research & Extension Plant Pathologist
Dept. of Plant Pathology & Weed Science
CSUColorado State University and U.S. Department of Agriculture Cooperating
January 7 , 1985
Weld County Commissioners
P . O. Box 758
Greeley, Colorado 80632
Dear Commissioners :
Writing in regard to the >icnsen rotten onions and Koehler
Feedlot . Today , while home :or lunch , I saw Monson dumping
their rotten onions as big as you please , just as they have
been dumping them for sometime .
What do we have to do to get this stooped? We have submitted
petitions from all of the people in the neighborhood, and have
called the health department to no avail . What else do we have
to do to get an end put to this ?
I have heard that the health department had private meetings
with Monson ' s without informing any of the people involved regarding
what happened . They keep dumping their onions . Since when
has an ordinance been passed that you can use your farm land
for a commercial dump? if this is the case , we will all perform
like this, and quit paying the high dump fees .
We as a neighborhood are getting tired of being pushed
around and getting nothing done . Maybe you as commissioners
need to come out and smell this odor . We want action this time .
We are not going to fool around any longer. There will be a
big law suit involving everyone concerned. We cannot keep living
under these stinky conditions .
Enclosed you will find a copy for each commissioner on
onion maggot from Malheur County, Oregon . This is the thing
we are talking about here . Leaving the rotten onions out in
the open and not covered carries discases . We received this
information from C . S .U . in Fort Callins . They also state that
leaving rotten onions out is a very treacherous deal . We want
this stopped now, not in another 6 months . Our patience has
just about run out . We also want the feedlot taken care of
at the same time .
We want a meeting with the Health Departfient and the
Commissioners in the very near future , or action will be started.
We expect something to be done in the next 10 Days and no longer .
Sincerely/ 2/./t/
‘ oroth 'r ab'1a�
Dz cr / v EXHIBIJ
Enclosure 1
_ Letter-1/ /85
Health De•
On April 23, c
Court 'io::.e Vale,iC6/v at 8 P. 1.. , in it;:, First Floor ca root of the
, cgbn, the St 1 r �et,ie Coanty
hearing to receive evidence n . ta:ant roof ouch Agriculture •dill. he i _ public Control and t ettr� z,f Co a proposal of
tea order and regulations t t to Haste ?;e Onion
appear and give testimony. Information is ;.a..heur Count interested t 1``�e, ,.,
r crmatifrom
C. persons Alexander,
Z Dcnart;,.ent of Agriculture office at Ontario,
may be obtained Eton C.
office t Salem, gricul. e feo at Ontario, Oregon, CrL. ti`g the'',
place of (b) a is the new aword r by contacting the ;rahn under subsection (3) belo:f, wording, proposed to take the
Proposed amendment:
(b) Disposal of cull or waste onions shall be accomplished dal
and provided by subparagraph
I) and
sndpp agd by i and (A) (1)Aend (ii) subparagraph Y as sot forth
is at �temporarllsycorpermanently cpo`p{ble,, in the event w an emergency ucl (I toe r
department, r tm then t c where
onions nay be disposed the prior approval of the
and (-+) (iii); sae_ of as net for" {r: n_.aar=Lrrar•'t (f.) ( iii )
ONION MAGGOT CONTROL AREA IN MALrEUR COUNTY
52-360 CONTROL°CL AREA - ONION ?'1;GOT - L't ti ,,
.�h U� COUNTY. Cl ) ',s used in this(a) l
b Control area° reams all of Mal)•eur County,
(2)(h) Person�r includes individuals, partnerships,, Oregon;
A-o rol area ie established j.;I t he_ha associations hendaw corporations,
z e_p,_otection of the anion {{_: �1�t e b2i of
alas_.• r✓b'r the era.'. end
hv.L;r i'o
pest known as_taa oaien ,g_ti z�ie_ e;•,a cent o � or-
(3) The following a, inset. _
proper o used methods of eradication and control re
P per mottio in the control declared of to the
section for the eradication trca of the'ce3
(a)
radication end cont<^oi of in aggot icu (2) this
th
s Jtl.„], <' tl or was'a the onion maggot:
-'-u�__._ onions existent in the control ��_o t•
pro• rte-�,l coz:_:•o �� area t _La--:�Z��o.._d
�d{.__L'.�wever, - _�F�z_'?�cr to tq�_.ch 1c +-�_
, that in_th ,tb of each yeahe r;
e Ed fr,,re n.,s sast;l,;,in. ''-c&se ogc cn{casser wed_i�e,� sttc� t ;iLA- 1_Le cry ,. �:,d c,£�yt.liiB one cull__�_ �- _es ;tf�E„r �
(ST Disposal oY' cull o.r was-.0 the follo>Nnv, 01 cu s accordance ona shall o
in acco da c oceduro
._•-�rritr the t�hed by the use o.f on2
.•--___=e_o. i-°•Oedtt�^o_._..._.. Item_set .forthw
(A) Disposal by covering in dumps _
(t) Culls _31i 1: _r:, or nits,
e:!'•. . dunned pits and co-�ercd t•t.th at leas
uncontaminated soil. r a
(ii) Covering tone foot of
(ti) ins shall b�, cc_ecrrl{deed by Mcreb 15th of each year.
) The pit shall
or (iii) bo dusted with either 10' r
begin l /2% lielddn;or Heptachlor dust at the rate of 130rlbs.opernacre. ,/D t'-d.rito
April aai C nti , a 1�1:lS:each year.
let c•-.. n.:e at �0.._;a t-�. to
Y intervals until May lot of
(y) Disposal b;✓ feeding.
(t) Onion debris shall be c:coletely removed f.•om feeding area and buried
un:lar at least one foot of uncontaminated soil try b;arc.. 15th of each year.
-2-
(ii) In the case of residues of onion debris tt,o inehss or less i:t depth; or
onions tr+gimped into the soil 40 that they cannot be removed, ss;:h areas shall ba
plowed to such a depth that at least ten inches or more of actual so-U. can be
turn,:d without disclosing any onion residue.
(iii) Feedir„gr areas and areas whe.s onions are buried small be dusted in th
necnrs _01. n _Pubograir kdA i ;f .0f- this - on - -_
(C) Disposal of residue In onion producing fields.
(f.) Cora .cial—onicun fields where 2 sect cut, bulbs :...re left, at harve3t sha?1 � e
disked t' � - - --_
-AIro- tbi Is end shall be rlou-3 o r depth of at iea3t eif.ht
. March 15th of each year.
(ii Seed bulbs shall be dj3Losed by thtyarch 15th faJJ.owing final sY
harvest by disking and plowing in the mannsr set forth in subparagraph (C) (t) ,
s _ EXHIBIT
MINUTES S
MONSON BROTHERS HEARING
November 5, 1984
Weld County Health Department
Present: Weld County Board of Health Members: Chairman, Barbara Steffens, Mary
Henneck, Dale Peters, Lois Smee, Mary Tuck, Lola Fehr, Dale Benson,
Tom Baur.
Health Department: Dr. Ralph Wooley, Wes Potter, Janice Hansen,
Millie Turner.
Assistant County Attorney Lee Morrison.
For Monson: Ed Monson, Attorney Roger A. Klein, Paul Hoshiko, Bill
Monson, Dennis Hoshiko, Ken Wiggers
A STEFFENS: Mary Henneck has a statement that she'd like to make.
HENNECK: I would just like to make it a matter of public record, I believe I am
not in conflict, but I want people in the audience to know that I am an onion
grower and an onion producer. My husband and I raise onions. We are growers,
we are not wholesalers. We have another wholesaler different from the one here
today. But I want it known that I am an onion grower.
STEFFENS: Is there any objection to Mrs. Henneck?
A KLEIN: I am Roger Klein. I represent the Monson Brothers. I am curious as to
who you do wholesale from, who is your wholesaler.
HENNECK: Brett is his first name. . .DuBarry? DeBruyn Produce.
STEFFENS: Mr. Morrison is going to give us a summary.
MORRISON: This matter, with respect to Monson Bros. Company, 3146 WCR 39', and
reference is made to notice letters of October 31 and October 24, 1984 from Dr.
Ralph Wooley. It is noted in the letters a citation to the State statute
regarding nuisances, sources of filth, and causes of sickness. As the Board of
Health you are empowered to make a finding regarding the impact or situation is
causing a nuisance, source of filth or cause of sickness, and then make orders
regarding abatement or removal of that nuisance. The order is then enforceable
either civilly, by injunction, and violation of the order is then possibly a
criminal violation. The procedure you are to follow is basically one that is
quasi-judicial, similar to a court. The burden will be on the Department in
showing to you that in fact a nuisance, and I'll use nuisance as short-hand for
nuisance, source of filth, or cause of sickness, exists on the property, and the
burden being on the Department, they have to come forward with enough evidence
to sustain findings.
The procedure is not as firm as a court, is somewhat relaxed in terms of
presentation of evidence, but the Department will go first, both sides being
entitled to an opening statement, and then the Department will present their
evidence using witnesses and documents. And then the Monson Bros. will be
entitled to present evidence as well, and then you would balance the evidence
and determine the preponderances. Weigh the evidence. Is it more probable than
not on, one side or the other, that the proposition has been proved.
MONSON BROTHERS HEARING
November 5, 1985
page 2
Are there any other questions in terms of the procedure? No. One thing, the
Board is entitled to administer oaths if you think it is appropriate to have the
witnesses sworn, I do have an oath written out which you can administer to each
of the witnesses.
STEFFENS: Wes, would you like to give the opening statement for the Health
Department?
POTTER: I am going to give you a brief rundown as to the background is on this
and where we arrived at our action on this. During the week of Sept. 18 and the
week before that we received quite a number of complaints from various neighbors
in the area along Eaton Draw, North of First Avenue. I could list those if I
would be needed to, the people who complained. I think some of those people are
here.
MORRISON: In your testimony you can do that. This is just your summary.
POTTER: Anyway, we received a number of complaints about a problem with
disposal of onions in this field along north Eaton Draw, north of First Avenue.
When Millie went out there, she did our first field evaluation and found that
there was a large number of onions being put on a piece of property there of
approximately 40 acres, and being incorporated into the soil. There was quite a
number of onions on the surface at the time. I'll let her give you more
information later. She talked to Monson's about the problem, and asked that
they be incorporated into the soil, and they were. About a week later we
received more complaints. Millie went back and took a look again and found that
the practice was still continuing and there were quite a number of onions on the
surface and she requested that they be incorporated into the soil again. Then
that afternoon Dr. Wooley and I went to the site and they were in fact plowing
at the time. We wrote a letter to Mr. Monson explaining to him that the
incorporation of agricultural waste into soil as a soil conditioning agent was
an acceptable method of disposal but reminded him that the potential for a health
hazard exists if it became in excess. We received more complaints a week or so
after that. Upon returning to the site we found that there was a large trench,
approximately 8' deep, 6' wide and 1/4 mile long. We have photographs to place
inevidence. Since, in the opinion of myself and my staff this is not being used
as a soil conditioner, because the pit is so deep , we feel this is a potential
problem, that it is a source of filth and a health hazard. We will show you
pictures of this site and Millie will give you a breakdown as the the specific
types of problems and describe why we consider it to be a source of filth.
STEFFENS: Sir, would you like to give your summary?
KLEIN: Yes, I am Roger Klein. I represent Monson Bros. I think the evidence
will show that my client, Monson Bros, who have been operating this onion
processing plant out there for 11 years, since 1973. I think the evidence will
show that their operation is as sanitary, if not more sanitary, than any other
onion grower/processor operation in the county. The are going down the normal
practices of onion processors in the county. It is important for the Board to
realize the source of these complaints. I think the evidence will show it was
generated by one of their very close neighbors, who is also one of their largest
MONSON BROS. HEARING
November 5, 1984
page 3
competitors. The evidence will also show the complaints arose out a joint
complaint or common complaint made against the onion processing operation as
well as the feedlot that' s located right in the area. There was a mistake at
the time because one time the Monson's did own the land where the feedlot is
located. One of the Monson's who's not a part of the onion processing company
still owns the land, but does not operate the feedlot. If anything that was the
real problem that started the response from the neighborhood. These neighbors
are in a very unfortunate location. It is on First Ave. just outside the city
limits. In that area there are sources of many different odors and smells,
namely a rendering plant, numerous feedlots, small feedlots, Monfort's is within
a mile, not too far north from the Greeley waste disposal plant. I believe
there is also a dogfood processing plant in the area. I think the evidence
if anything will show, I don' t want to overstate my case, but if anything the
odor coming from these other sources, particularly the feedlots, is probably far
worse than possible occasional odors that come from the (?) . I do not believe
that the evidence will show that this is a health hazard to the neighbors.
STEFFENS: Thank you.
MORRISON: Mr. Potter, do you want to call your first witness?
POTTER: Does the Board want the witnesses to be sworn? Yes. Millie Turner.
STEFFENS: Would you like to stand and raise your right hand. Do you solemnly
swear or affirm that the testimony you are about to give in these proceedings is
the truth?
TURNER: Yes.
POTTER: (?) complaints on the 21st of September, and in response to these
complaints you did an investigation of the Monson site. Would you first describe
the location of the property and what you saw at that time.
TURNER: The fields that I inspected were between First Ave. and Monson Bros.
Company, and that is the section north of 'O' St.
POTTER: And when you went out there. . .We received. . .Let me explain . . . We
received a lot of complaints about the feedlot and some things related to the
feedlot that we are not addressing at this point, so they will be in these. I
am going to submit four complaints that we had as, call it Exhibit A or
whatever. The first one is from Dorothy Zabka. That is a letter filing a
formal complaint with the Health Dept. concerning rotting onions dumped in an
unused field on their property, which is being used as a commercial dump. I
won' t read all of the complaints. The general gist of it is that they were
improperly disposing of onions and it was causing and odor problem. If anyone
wants me to, I can read the letters. They are available. I think. . . (?) has
copies of all of these. We have also one from Cassandra Flower, addresses and
odor problem, but more specifically concerned with the feedlot, but it does
allude to the problem with the onions.
MONSON BROS. HEARING
November 5, 1984
page 4
MORRISON: That would be Exhibit B.
POTTER: OK. William C. Hann complained of dust and odor from the feedlot and
there is on reference to the rat problem, that is the reason I intended to bring
it in. There is a complaint of a rat problem. And then Dorothy Peters, that'll
be 'C' , and then 'D' is Dorothy Peters, a complaint about odor from the waste
onions and disposal and rats affiliated with it. So I'll separate these things
around for your information.
MORRISON: Are you offering those as Exhibits 'A' through 'D'?
POTTER: Yes.
KLEIN: No objection to either the (?) or the (?) . . . sometime during the
proceding.
STEFFENS: You do not have copies of these?
KLEIN: I saw them in the file. I do not have copies.
POTTER: Millie will you describe the condition of the field and the disposal of
the onions at the time you were out there when they were plowing them under?
TURNER: The first time I went out there they were covering the entire extent of
the field and they were not plowed in. According to Mr. Monson they had been
disked in.
POTTER: And then the next time you went out there, the second time, the day
they were plowing, would you say the cover was about the same that day as they
day you were out there before. Somewhere close?
TURNER: You mean while they were in the process of plowing?
POTTER: The day we were out there looking at the, watching them plow. You were
out there that morning.
TURNER: It was about a 10% cover of onions, and the onions were at that time
basically they solid, and after the plowing was finished I would say the onions
were 99% covered with soil. There were very few onions visible after the
plowing operation.
POTTER: OK. And then we received subsequent complaint over the telephone after
that and we went out there on October 23 and . . . Will you describe when you
took these photographs and what you are seeing in these please.
(SLIDE ARE BEING SHOWN AT THIS TIME)
TURNER: That is a trench. It is difficult, the light at that time of day , you
can see the shadow cast, you can't see a lot. But anyway the trench is about 8'
deep by 5' wide and it's mostly empty. I didn' t (?) and it seems to extend
MONSON BROS. HEARING
November 5, 1984
page 5
about a third of a mile, and as you can see in the photograph, some wood pallets
(End of tape side 3) and the rest of it shows the approximate coverage of onions
that there were at other times before it was plowed under.
BAUR: So this picture was taken at a subsequent visit, after you had asked them
to plow it in. And now they have added more onions to the field as well as
digging the trench. Is that right?
TURNER: Yes.
STEFFENS: (?) . . . the 23rd?
TURNER: Yes. And this picture. . . (?) I really feel that I need to let the Board
understand that part of that is skins, that's not all onions.
?: What is that in the front, that's not all onions?
TURNER: No, that is a half-dozen pallets that were broken up but they happened
to be in the foreground and I didn't see that. That may be about a 10% cover of
actual onions in that field, that's what I call a 10% cover. It looks like more
because of the onion skins. The onion skins are . . . (?) I just feel you have to
appreciate that, what you are looking at, you know, it looks like more.
POTTER: This is the same field was plowed the day when we were out there the
week before that, right?
TURNER: Yes.
STEFFENS: So more onions have been brought in and dumped even though it may not
appear in the photograph? Is that what you are saying?
TURNER: It is a continual process.
STEFFENS: So the bring them in and put them on the field and plow them under
and then they bring some more in? Is that the way it goes? OK.
TURNER: And Mr. Monson has said that in the winter they trench the onions.
STEFFENS: They trench the onions out in this trench?
TURNER: Yes. •
POTTER: At the time, the last time you were there and took these pictures,
let's go back to the time before when you were out there with Dr. Wooley and
myself, and they were plowing up, were there not onions being plowed back up in
the area, when they were plowing, were there not onions coming back up to the
surface?
TURNER: In my opinion there wasn't that many. In my opinion there was at least
the 99% covering up of the onions.
MONSON BROS. HEARING
November 5, 1984
page 6
POTTER: OK.
BENSON: They have dug these trenches in previous years, and disposed of them in
that way?
TURNER: (?)
POTTER: We have no previous record of. . .
MONSON: That there is an old trench right there, pardon the interruption.
POTTER: We have not previous complaints on this area and so we have nothing on
record on this specific field.
TURNER: Not on this field, but at that location there have been some complaints
over a period of (?) . . .
MORRISON: Now that photograph is Exhibit 'E' , is that correct?
POTTER: Right. This is another view of it.
MORRISON: This is Exhibit 'F'?
POTTER: Millie, you said this is an older trench, not a trench that was there
before?
TURNER: That pile, I didn' t know that was a trench, that has been there since
the first time inspected the area.
POTTER: It just looked like a pile to you?
TURNER: It's not a deep trench.
POTTER: A pile of dirt or a pile of onions?
TURNER: Oh, that's dirt.
KLEIN: I wonder if, so we don't have to come back, I can cross—examine and ask
questions at this time.
STEFFENS: That's allright with me. Do any of the Board have any other
objections?
KLEIN: :What direction are you looking?
TURNER: South.
KLEIN: So the sun is apparently coming up in the east at that time, where the
shadows are on the trench.
MONSON BROS. HEARING
November 5, 1984
page 7
TURNER: This was about 10:00 am.
KLEIN: Is it a fair statement to say the sun is reflecting off the onion skins
(?) . . .which may exaggerate the number of onions in the field.
TURNER: Not the reflection.
KLEIN: I don' t mean the reflection, but it is more likely to pick up on the
white onions than . . .
TURNER: I think as far as what it is it doesn't overstate it and I think I made
that condition clear in that some of those are skins.
KLEIN: I thought you said earlier that it probably looks worse than it actually
was.
TURNER: Yes, but not because of the light reflection, it was because part of it
was onion peels and not actually onions.
POTTER: Do you have any questions on this one? (a slide)
KLEIN: Now this is looking southwest?
TURNER: Yes.
KLEIN: (?)
TURNER: That would be Eaton Draw right behind . . . (?) . . . field on the other
side.
POTTER: From what I understand that is Eaton Draw in the background. This is
Exhibit 'C' , what number are we on? 'G' , OK, Millie.
TURNER: This is just another shot just to the east of the pile to get a better
idea of how large the dirt is, how large the amount of dirt is.
STEFFENS: That's of the first trench that we saw?
TURNER: Yes, there is only one large trench there that has been dug in the
last two months.
POTTER: Do you have any more questions on this?
KLEIN: I wonder if it would be OK for Mr. Monson to make comments too, to move
things along.
MORRISON: I don' t think there is any problem.
STEFFENS: I have no objection to that. Does any Board member have a problem. . .
MONSON BROS. HEARING
November 5, 1984
page 8
BENSON: I think we'd better, because then we hear all the information that
concerns one photo at one time.
MORRISON: This is Mr. Ed. Monson. Can we have him sworn?
STEFFENS: Do you solemnly swear or affirm that the testimony you are about to
give in these procedings is the truth. ?
POTTER: Mr. Monson, do you have anything you would like to say about this?
MONSON: I would like to look at the very first picture, what was that 'E' ?
OK now if you will notice in the background there is another manure spreader.
The dark object in front of that tree is the manure spreader that we use to
spread the culled onions out onto that field. That manure spreader go stuck, we
had a problem with the rain and so forth, and so at this time we were not able
during that particular period before this picture was taken, we were not able to
plow that ground because it was too wet. We got that manure spreader out and
since this time we have plowed this ground in and all we have left is the
trench. That's all I wanted to say about this.
?: Trench like this, or. . .
MONSON: A trench exactly like this, yes. It is approximately, another thing we
need to clarify is this is not 40 acres of ground, this is 15 acres of ground,
and it is located close to the Eaton Draw, yes.
POTTER: Does anybody else have any questions? My reverse gets stuck on this,
so its not that I don't want to come back.
P. HOSHIKO: I've got to leave here pretty soon and I came for a specific reason
because I am involved in the industry also. . .
STEFFENS: Sir, would you state your name and your address please?
P. HOSHIKO: My name is Paul Hoshiko. I have North Weld Produce Company here in
Greeley, I also farm onions, and it's a part of our business. I happen to be
president of the National Onion Association which gives me a little broader view
of what I am seeing here. Here in Colorado we've been looking for. . .
STEFFENS: Sir, Excuse me. I must swear you as a witness.
P. HOSHIKO: You can swear at me. . .I'll tell you the truth if I can.
STEFFENS: We want it a little firmer than that! Do you solemnly swear or
affirm' that the testimony you are about to give in these procedings is the
truth?
P. HOSHIKO: Yes. I'm not here to give a big spiel or anything, but I do want
to say this. In Weld County we've been looking for another product, for another
A source
MONSON BROS. HEARING
November 5, 1984
page 9
of income because agriculture is suffering. The sugar beet industry is about to
wear out, corn prices are cheap, bean prices are cheap, potatoes are up and
down, and the onion happens to be a product that, this area has the proper
climatic conditions for good growth of onions and for (?) . Monson's happen to be
in the earlier part, the biggest part is in July, August and September, and I
can understand some of the problems that they go through because they (?) it
agriculturally, they run into the climatic conditions that Ed spoke to you
about. I think that all the people that I have seen all over the United States
trying to do a good job with their culls, I think the Monson's have done as well
as any. And let me reiterate. The fact that we are looking for, and I hate to
see a new industry discouraged in Weld Co. , because it does happen to be a
product that could help the county immensely, the agricultural sector of the
county. Mary on your board, she can attest to this also. We are looking for
things and we are trying in our industry to do the best we can. Remember that
this is a relatively new industry and I think everyone is doing the best they
can trying to make it a clean product that will be an addition to Weld County.
And I think that this is something that you will want to look at seriously
before making to many recommendations. Here is a product that in my opinion,
not just because I happen to be in the business. I think it is a substitute for
some of the products that we have grown in Weld County here before that are no
longer of immediate concern as far as the wealth of Weld Co. is concerned. But
here is a new product and there's going to be some mistakes made during this
period. It is a learning process. We should treat it that way.
BENSON: Mr. Hoshiko, I would like to know how your company gets rid of your
cull onions and if you think there is any environmental hazard in burying them
in a trench.
P. HOSHIKO: I am not trying to be facetious, but we do eat onions. I don't
know the chemistry of an onion after it deteriorates, but I would suspect that
it wouldn't be that hazardous. I think what the Monson's have tried to do here
is to get away from all these problems by digging this trench, and I think this
is admirable, because in Idaho and people who have been in the business for 40
years, this is what they've gone to in order to get rid of them. Now what do we
do? We do something very similar to this, only we are not on as large a scale,
and that makes a difference. The other thing that happened to Monson's this
year is that they have been doing a lot of onion grading for a lot of people,
which helps a lot of farmers throughout the county. So all of the sudden this
fall happened to be one of those years that you look for, one in a hundred,
where everything goes right and you get all of these onions. We in Weld Co. are
probably supplying, I would say 70% of the onions in that period of time in the
United States. And they were coming right through Weld Co. And so I don't
think we should be condemning.
Is this going to be a hazard? Now I'm not a chemist but I guess there are other
things that I see in Weld Co. that I'd sure rather have these in front of my
house than I would what's going on. This wouldn't bother me if it was in front
of my house, as a matter of fact it's not too far from one of our pieces of
property, and we don't look to this as a hazard.
MONSON BROS. HEARING
November 5, 1984
page 10
POTTER: I have one other question. It is my understanding that there was an
abnormal freeze this fall, and a lot of onions were still in the field during
the freeze. Would you say that the percentage of cull onion the unmarketable
onions would be higher this year than normally? Or will it be a large number,
are we talking a large volume?
P. HOSHIKO: When we start talking about the different areas and what impact it
may have on Weld Co. , and it's understandable when talking about Weld Co. we are
talking about everything from Brighton to Cheyenne. I am not trying to insult
your intelligence, I am telling you there are onions growing north of Ault, east
of Pierce, in that area. There are some that were froze in the Longmont area.
These would have nothing to do with a concentrated area, you see. Most
generally those people that lost their onions were out in the outlying areas
where they could spread them back on the field and wouldn' t be any problem
whatsoever.
POTTER: They will be sorted, though, before the come to a place like Mr.
Monson's facility.
P. HOSHIKO: I doubt that Mr. Monson would run that kind of an onion because
it's not profitable. You see it's bad, it's frozen the best place to leave it is
out in the field. It's no different if you have a hail storm on a corn crop at
a bad time, you don' t try to harvest it. Some people may do that. I think what
you are alluding to is, is there going to be a concentration of bad onions
somewhere. I don' t think it will be that bad. Once they start to bring these
onions . . . (7)
POTTER: Anyone else have any questions on this slide?
PETERS: In this instance here you have mentioned odor. Is there another problem
besides odor?
POTTER: It is the opinion of my office, and I guess I could be sworn if I needed
to be, because the things we are going to be talking about is. . .
STEFFENS: Do you solemnly swear or affirm that the testimony you are about to
give in these procedings is the truth?
POTTER: I do. The reason that I want to address this is that one of the things
that may be a potential, and I don' t necessarily know that much about the onion
business, and maybe this will come out today, is whether there will be a
tremendous amount of onions by the shear volume of, the shear bulk that could
end up in here. The biological deterioration of onions could, especially with
the depth of this trench, there would be no, the margin for biological
rejuvination of the pollutants that could come from the deterioration from these
onions as they leach into the groundwater could potentially cause the
groundwater pollution problem. I'm not saying that necessarily that is the
truth here, but I'm saying the potential does exist for that. Also, it is very
clear that rodents will eat the onions that are out there, and there are onions
out there that are frozen, that are rotting, that are bad, and also onions that
MONSON BROS. HEARING
November 5, 1984
page 11
are good enough that I've seen people out there picking them up, putting them in
their car and taking them home. So it's a variability of grades of onions that
are there. And so what we are talking about is the potential for rodents, the
potential for a large bulk of onions that are exposed that could cause odor
problems, that could cause a potential problem with the groundwater table, and
that could cause the surface expression of a large bulk of biological materials
deteriorating. It could just be a general health hazard because of the organic
matter that's deteriorating.
KLEIN: Did you notice there was a particular odor problem other than standing
around in the onion field itself?
POTTER: No, we didn't.
KLEIN: Did you notice any rodents in the area?
POTTER: We have seen no evidence of rodents at this location, no sir.
KLEIN: There are other things in the area that would attract rodents?
POTTER: Yes, there are cornfields, there is the feedlot that is not too far
away, there is certainly a number of different biological activities going on
that could also entice rodents.
SMEE: It is my understanding that there are other places, in Oregon for
instance, that they use the trench method?
P. HOSHIKO: Yes, there are areas that they trench and they just bury them.
That's because they have no other place to put them. Quite frankly, the onion
is a health food.
?: But not a rotting onion.
P. HOSHIKO: No.
POTTER: Do you know, in these other places, are these trenches covered daily?
P. HOSHIKO: I don't know if they are covered daily, but I would say that once
they get so full they start to cover them, yes.
POTTER: Anyone else have any comments on this 9
B. MONSON: Can I say something? I am Bill Monson and I am Joe's brother and
Ed's uncle.
STEFFENS: Do you solemnly swear or affirm that the testimony you are about to
give in these procedings is the truth?
B MONSON: Is there any instrument you use to measure the intensity of an odor?
MONSON BROS. HEARING
November 5, 1984
page 12
POTTER: Millie could address this. She is our expert on odors.
TURNER: Yes, sir.
B. MONSON: You do? Did you take it out there?
TURNER: I didn' t bother because in my best judgement there no odor problem.
Let me qualify that. The State Statute has certain levels of odors that are in
violation of State statutes. In my opinion, these levels were not high enough
to be in violation of State statutes. People's perceived odor problem, there
can be an odor problem but it may not be in legal violation of State statutes.
B. MONSON: We all know that odor is a matter of opinion.
TURNER: We have ways of quantifying odor levels. I could show you, we have an
instrument. Basically what it does is dilute the odoriferous air with clean air
filtered through charcoal and then uses the human nose to detect at which
dilution the odor can be detected. It is required that the odor be greater than
detected in a volume of air, if it is diluted more than 15 to 1.
B. MONSON: Whose model is this? Who is the one that introduced that type of
recording an odor?
TURNER: It is used in the State. We haven' t made any comments this morning
about an odor problem.
B. MONSON: Yes there was.
TURNER: Odor problems, but not odor, we have not found any violation.
POTTER: As a matter of fact we will concede at this point that we have not
found evidence that there is a legal odor violation.
B. MONSON: But that was the complaint.
POTTER: But we do have complaints of the odor. . .
B. MONSON: Was that one of the predominant complaints?
POTTER: We could read the complaints out loud so you could get the gist of them
but that was one of the largest complaints was odor complaints.
E. MONSON: I would like to comment on that slide too if I can. Now those are
trenches from last year that are not filled with onions. That particular trench
was not filled up with onions and so we left it there to finish it out this year
and it has since been filled up with onions and has already been covered over
and we have already plowed all that area.
BAUR: How close to the surface do you come with the onions before you cover it,
MONSON BROS. HEARING
November 5, 1984
page 13
I mean how much dirt is there over the onions?
E. MONSON: There is so much dirt, we take all that dirt out of there, so there
is at least a couple feet of dirt on top of it. We mix it in and use a cat and
so forth.
STEFFENS: So if it is an 8' trench then you have about 6' of onions and 2' of
dirt on top.
E. MONSON: I really don't think it is quite 8' , I mean that is all supposition
you know and I think it's about 4' wide and 6' deep. That is my guess of the
trench size. Maybe we're both wrong.
TURNER: I didn' t measure it.
POTTER: I didn't measure it either. Any other comments on this slide? And for
your information, as Millie said before, the onions that are scattered out
across the field are the original mode of disposal that we were seeing before,
and that is that they were being plowed under.
E. MONSON: The reason I go to the trench in the winter time is because I do not
want the onions to be out in the air. Onions in the, actually they are a
disease problem for other onion fields. This is why we want to cover them up.
This is why do what we do to cover them up. In the winter time it is going to
freeze and I'm not going to be able to plow and I'm not going to be able to disk
and this is why I dug the trench. We had the bad weather and so forth and we
were thinking that we were not going to have this kind of weather. If we had
this kind of weather probably we would have plowed it, we would have put some
more onions on top of it and plowed it one more time. But the weather looked
like it was really going to be bad so we dug the trench.
STEFFENS: And so this trench is left open all winter long. The trench will be
covered up, we will probably be done shipping onions the first of Feb to the
first of March, somewhere in there, and at that time we will get a cat and we
will cover that all up, everything else has been plowed. It will be covered up
for the whole summertime *until about August the 1st.
KLEIN: I think it is important to point out what industries are just south of
there.
POTTER: Mr. Monson you know better than I do. Can you point them out?
E. MONSON: You've got all your steam over there to the right, that's the
Monfort packing plant and rendering works over there. Right to your left over
here where the trees are that's my uncle's feed lot. You have the dogfood
plant right over there next to Monfort's packing plant. You have your city
sewer a couple miles down the road, also.
POTTER: How close is the end of your trench to the feed lot?
MONSON BROS. HEARING
November 5, 1984
page 14
E. MONSON: To the feedlot, I would guess, I went down there the other day and I
would say we were probably a hundred yards from the first pen of cattle to the
end of the trench.
POTTER: The rest of these are, I don' t know what number we are on next. . .
STEFFENS: 'H'
POTTER: These are further views of these same sites, so this will be 'H' , and
it's just a little closer. And this is on the east side, is that right Millie,
the east of the trench still?
TURNER: Yes
STEFFENS: And that's just onion skins as well as some onions there?
POTTER: Yes. There was a ground cover of onions at that time.
STEFFENS: They are solid onions, I can see that in the picture.
POTTER: There's a cover all the way across the field here and if I back up you
can see that there is a cover of onions through here.
E. MONSON: And that's where we got stuck with our manure spreader, trying to
spread it, so we had to pull us out. You can see where there's no onions at all
kind of mixed in.
POTTER: Do you know, Mr. Monson, how many times have you put onions on this
field and then plowed them under?
E. MONSON: This time is plowed right now, this time is the fourth time we've
plowed. This was three times, and then we plowed the fourth time.
SMEE: Do you do this every year on the same plot of land?
E. MONSON: Yes ma'am.
POTTER: Do you farm this ground?
E MONSON: No sir.
STEFFENS: This is Exhibit 'I'?
POTTER: This is ' I' . And I'll just walk through these so you can see if anyone
has any questions.
MORRISON: What direction was the trench in 'I?
POTTER: You are standing immediately to the north of the trench looking south.
MONSON BROS. HEARING
November 5, 1984
page 15
BAUR: Is that land sloping to the right, into the Eaton Draw.
POTTER: On this photograph the Eaton Draw is to the right and is downslope from
this location to the Eaton Draw. I would say the total elevation of the
surface of the ground above the Eaton Draw is about 15-20 feet. From the top
of the ground at this location to the actual top of the ground at the Draw.
B. MONSON: Can I say something? We have a person that lives within a very
short distance of this and I would like to ask him if he would like to testify.
KLEIN: He will be called as our witness.
B. MONSON: Oh, I'm sorry. Well, I go by, I've driven by this every day. I've
never smelled it. I smell my feedlot, but I don' t smell (end of tape side 4)
I
MONSON BROS. HEARING
November 5, 1984
Page 16
POTTER: This is a view of the same trench looking towards the south, Millie
would you describe that truck or is that the manure spreader.
TURNER: No, that is the truck, with onions on it. It doesn't look like
onions but that's what is in the truck. From here inaudible.
KLEIN: Inaudible
POTTER: Actually the water did get cold for a period of time there
not audible. What number are we on?
STEFFENS: Three
POTTER: Millie, would you describe slide K.
TURNER: Not audible.
POTTER: What is this?
TURNER: I don't know, inaudible
TURNER: I'll tell you what it is, that's a mixture of potatoes and onions.
This is the road from the Monson site, this is the plant, this is a road here
and this is the field to the left. railroad, because that's where ---
there are piles of onions here and that was the original problem. This is a
mixture of potatoes and dirt.
KLEIN: Do you know the source of the potatoes and dirt?
MONSON: The source of potatoes and dirt is Martin Produce Company. And that
is right in front of their home. Their home is right to the right there.
HENNECK: Who is Martin Produce?
MONSON: Martin Produce Company is Dorothy Martin Zabka and Dewey Zabka,
which are the people which are the people who filed the complaint here.
POTTER: OK. Do you have anything else you want to add?
POTTER: That's it. I don't have any big Clarence Darrow type summary, all I
can say is you can see pretty well what we are talking about. The
accumulation of onions in the trenches is our frame reference for this and I'll
turn it over.
KLEIN: If I might just ask Ms Turner again. As I understand it the day you
were out there you found no significant volume of
MONSON BROS. HEARING
November 5, 1984
Page 17
TURNER: In audible
KLEIN: Were there any water table tests or soil tests conducted by the Health
Department when you were out there?
TURNER: No
KLEIN: Is there some sort of test you could have conducted to see if there
was a problem?
TURNER: In audible
KLEIN: Ok
POTTER: You asking me know?
KLEIN: I don' t know the procedure, I thought Ms. Turner was testifing, but
I'll as you.
POTTER: It doesn' t make any difference to me.
KLEIN: Are there any tests you could conduct?
POTTER: Take some water samples from the water table, but it would be a water
table in other words
it would take lag time between this present time and maybe two months down the
road before we could actually take samples that would show an indication of
groundwater tables because we would actually be boring right down through the
bottom of the so it may take a period of time. But there are tests
that you can do.
KLEIN: So, what you are saying is that there could be possible problems, the
balance not audible.
POTTER: I think it would be fair to say that if you have a large bulk of
onions deteriorating too close to the water table you are looking at, that it
goes without saying that within a certain period of time, within a couple
weeks or a month or two months you could see a deterioration in the water
table.
KLEIN: Not audible
KLEIN: Who initiated these complaints. Who first contacted you about this
problem.
POTTER: We have letters that I introduced here.
KLEIN: Not audible
MONSON BROS. HEARING
November 5, 1984
Page 18
POTTER: There was a petition presented to the Weld County Commissioners.
KLEIN: That was initiated in August.
POTTER: Yes, the petition was considered by a meeting of the Board on
September 5, 1984.
KLEIN: Do you know how that petition was initiated?
POTTER: There were a number of people who came in front of the Commissioners
at time they sent a copy of this, I have a copy of this that I can introduce
as evidence so you can see, that was presented to the Commissioners. I'll
read that petition right quick to you.
"We the landowners and residents adjoining and living in the neighborhood
of Monson Feedlot operated by Koehler Bros. and Monson Brothers dumping
ground for their rotten onions, wish to lodge a formal complaint against
the aforementioned people.
The Weld County Extension Office has letters and facts proving that
dumping of rotten onions on open ground not being covered is a breeding
ground for diseases in onions. The onions attract bugs, flys, knats, and
emit a very strong odor. The feedlot, with live rats is also an
unhealthy situation.
We have been trying to resolve this situation for two years with the
Health Department. We do not get any satisfactory results. If something
is not done in the immediate future, we as residents and landowners are
planning to sue the Health Department, County Commissioners, Monson
Brothers, and the Koehler Bros."
It is signed by a list of people. Do you want to read this.
KLEIN: No I do not. Do you know who prepared that petition?
POTTER: No I do not. There was a number of people at the, in front of the
Commissioners that day and I quite honestly don' t remember the names of all
the people that were there.
KLEIN: I understand that this petition is on both the Feedlot and the ?
As I understand the results of that initial petition, you did send out Mr.
Wodtke is it?
POTTER: Tom Wodtke went out 9/6/84.
KLEIN: What were the results of his investigation?
POTTER: Mr. Wodtke's reports states, this is a memo to myself Wes Potter from
Tom Wodtke, dated September 7, 1984. "My inspection of September 6, 1984 at
12:15 p.m. revealed the following:
MONSON BROS. HEARING
November 5, 1984
Page 19
MONSON BROS. ONION FARM:
1. Concerning the field disposal for bad onions, no appreciable odor,
field has been plowed recently, no insect problem or hazards present.
2. Interviewing the management revealed plans to continue plowing the
fields weekly, discing bi—weekly, ensuring their pits are covered during
the Winter.
Number three is the Koehler Feedlots.
KLEIN: And all along, least up until today, all your inspections were both
the feedlot and the onion field ?.
POTTER: We had some inspections that were just of the feedlot and we had a
complaint one time in the evening on which I went out and just inspected dust
coming off the feedlot. We'd had a complaint of dust coming off the feedlot.
And when Millie was out there she just inspected the onion field, you didn' t
inspect the feedlot did you Millie?
TURNER: Not audible.
KLEIN: But, it was a common complaint from the first, when you were involved
in it.
POTTER: Yes, Yes complaints with the feedlot have been involved also.
KLEIN: Did you happen to do an odor test on the feedlot?
TURNER: Not audible
KLEIN: One further questions, Mr. Potter, I notice in your report or your
letter to Monson Brothers, balance not audible.
POTTER: At the time, the disposal of onions I did not consider to be a
problem, because it was my understanding at the time that the onions were
being used as a soil conditioner. And the reason that I changed my ? of the
situation is because of the pit and the mass volume that would be deposited in
the pit or disposed of in the pit. As I said in the letter, on October 31st,
because of the depth, and because of the sheer mass of waste being disposed of
in the pit and the fact that it is not being used as a soil conditioner.
KLEIN: But no additional tests were done after the September ?
MONSON BROS. HEARING
November 5, 1984
page 20
MORRISON: Mr. Potter, you have made reference to some letters, are you
intending to submit the Tom Wodtke letter?
POTTER: Yes. I have copies of Tom Wodtke's letter to me, his memo to me dated
Sept. 7, 1984, and then there is also on that a memo that I sent to the Weld Co.
Commissioners summarizing his findings at that time also. I would like to
introduce both of those.
MORRISON: (?) Would you show, Mr. Potter?
POTTER: I think you've got a copy of that one.
MORRISON: While we are at that point, did you have notice letters as well you
intend to submit?
POTTER: Yes, I didn' t realize. The notice letters I referred to earlier I have
copies of the letter first of all I sent on Sept. 28 to Mr. Monson explaining
the problems. This is the one where Mr. Monson's attorney said, quoted the part
where we did not find those charges to be valid. I didn't realize there was a
typographical error. That word is "(?)" not "changes". And then on a letter
sent out on September 24 advising Mr. Monson of this hearing, and then one sent
on October 31 specifically delineating the problems that I am addressing here
today. I will introduce all those, whatever number we are at.
MORRISON: OK, the 31st is (?)
POTTER: Do you have copies of all of those?
KLEIN: Yes.
STEFFENS: Are there any more comments or questions? Do members of the Board
have any questions of these people, either from the Health Dept. or . . .
HENNECK: I do. I'd like to know about the extension tests that the one letter
they read that said they had extension tests that proved something. What are
these tests and what are they proving? Is it a chemical test, lab test? ONe of
these papers you passed by here named some tests.
POTTER: It was one of those letters that referred to in a complaint.
MORRISON: It is the petition.
POTTER: They didn' t submit any of the information to us and the assumption that
me and my staff made at that time was because they talked about the disposal of
onions being a source of disease for onions, there is no questions that rotting
onions, surface exposed rotting onions are a source of diseases related
specifically to the onion industry itself.
HENNECK: It says cause of sickness in the letter there. There is no one ever
proved that those onions are causing anyone any illness in the area.
MONSON BROS. HEARING
November 5, 1984
page 21
POTTER: No. We have no documentation or anything to present at this time . . .
HENNECK: No one has become ill.
POTTER: . . . that anyone has become ill. When I refer to cause of sickness the
biodeterioration of the organic matter, the associated insects and rodents, are
the vectors that they will enhance, are the source of the cause of sickness.
HENNECK: But at this point there are none of those.
POTTER: We didn' t see any rodents on location at the present time, no. Since
the frost we don' t have any flies.
STEFFENS: I would also like to know specifically what would the groundwater be
contaminated with that would endanger the health and welfare of the public?
POTTER: Organic material biodegrades, and there are a wide variety of different
organic constituents that come from that and any bacteria that is incorporated
in that that can grow in that material can be moved into the groundwater table,
and if there isn' t sufficient room between the bottom of the trench and the top
of the groundwater table there is a potential for that organic material to get
into the groundwater table to be transported out with the groundwater table. It
is a standard in our septic regulations, for example, that we require there be a
minimum of 4' between the bottom of a disposal field and the top of the
groundwater table. And this is after it's gone through the septic tank in which
the largest majority of the organic material has been biodegraded and the
bacteria has run its gamut. We don' t have evidence and information right now to
show what the groundwater table is at that point, and I don' t know exactly how
far it is between the bottom of the trench and the top of the groundwater table.
Any time you get below two feet or below the bottom of the soil then you begin
to get into that area which could potentially be a biohazard because of the
transportation of material into the groundwater table.
B. MONSON: Could I interject something for a moment here? Why is it the Health
Department is complaining, well it seems to me this truck cleaning process just
north of Greeley is a huge operation in comparison to this onion dump. OK it's
off the subject but I got it in anyway.
STEFFENS: Yes, you did. And I appreciate the fact that you have been sitting
there containing that comment all this time. The problem is that the Health
Department has had specific complaints and as such we have had to address them.
B. MONSON: Ok, very good.
STEFFENS: Do you solemnly swear that the testimony you are about to give in
these procedings is the truth? Would you state your name and address?
D. HOSHIKO: My name is Dennis Hoshiko and I live at 31461 WCR 41. I live
approximately 300 yards north of the field where the Monson's use to dump
MONSON BROS. HEARING
November 5, 1984
page 22
onions. In regards to the question of groundwater I thought I might be able to
answer that question as far as the depth goes because I do have a well, which is
adjudicated on near my house which is about as close to the dumping operation
as (?) . . . The groundwater table is somewhere between 80 and 100 feet below the
surface of the ground at my house. Just a couple comments that 1' d like to make
while I've got the floor. Like I say I do live very close to the dump site and
nothing ever had any personally bad experiences (????) And as far as the
question goes towards disease of onions because of onions on the surface. I
too am an onion grower and we have fields that are almost adjoining the Monson's
property to the north and have been farming that land for (?) years now and
never seen any problems in our own crop of onions. I can' t say that there's
never been a disease problem. . .
BAUR: But it is certainly true that this Board is not empowered to protect
other onions from rotting onions. We have to worry about health problems to
people.
MORRISON: Well, except nuisances. There is a concept in the law where you are
interfering with other peoples use of their property, so it could be. Your
primary responsibility is vigilance. The abuse of the term nuisance in the
extent that it interferes with their use of their property, that would be
a nuisance. That is still within the evidence as a whole. . .
KLEIN: I do have a couple witnesses, if we are getting toward that stage.
MORRISON: Did you have anyone else, any of the complaining persons here?
POTTER: One comment I would like to make before that in response to his comment
about the groundwater table, is that it's not a good indicator of where the
groundwater table is by looking down a well. Wells are designed to seal out the
surface groundwater table and this is what we'd be looking at. So I don' t
think this is a very representative number, 80' , that we'd be seeing the surface
groundwater table at that site. We had heard that there were people going to
show up. Is there anyone here that is wanting to, are the people who listed the
complaints to us, is anyone here?
TURNER: Did we notify them? I didn' t. They weren' t notified.
POTTER: I had heard there were going to be some people here so I didn' t. . .
?: You mean you have the complaintants come to one meeting and the . . .
STEFFENS: No, sir.
? : You mean the complaintants didn' t have nerve enough to show up at there own
meeting?
STEFFENS: I am not a judge of whether that indicates a degree of nerve or not
sir, they just simply are not here. Can we move on? Unless you have any other
comments that are really pertinent to this problem could we please move on?
MONSON BROS. HEARING
November 5, 1984
page 23
KLEIN: First I would like to call Mr. Ken Wiggers be called.
STEFFENS: Mr. Wiggers, do you solemnly sear or affirm that the testimony you
are about to in these proceedings is the truth?
WIGGERS: I do.
KLEIN: Mr. Wiggers, I might ask you, where do you live?
WIGGERS: Right between feedlot and onions. We live along road 41 right next to
the road to the east of, right between the onion field and the feedlot. So we
are in the direct line of both.
KLEIN: What is the name of road 41 south of '0' St. there.
WIGGERS: First Avenue comes out, becomes road 41.
KLEIN: Right, so, ? where most of the residents appear to be on first avenue
as opposed to road 41 would they be north or south of you.
WIGGERS: Most of those residents are to the south.
KLEIN: Would you live closer to the onion field and the feedlot both?
'z WIGGERS: Yes.
KLEIN: Does anybody else live closer to either operation than you ?
WIGGERS: No
a
KLEIN: What is your occupation?
WIGGERS: Financial Services Consultant?
KLEIN: And, do you have a statement to make to the Board as to your opinion as
to whether this constitutes a health hazard, the onion field particularly?
WIGGERS: No. First off I guess I'm an, I grew up on a farm and although I'm
not farming now, maybe I have some appreciation for what goes on. But I'm first
of all distressed with the idea that people move in, whether it's me or someone
else, and build or rent or buy existing property, where there already is a
farming or feedlot operation and raise heck about it. The situation existed
there eight years ago when we bought and we knew it and there is as far as odor
goes from the onion operation that's minimal if any. And we have lived directly
in line for the the prevailing northwest wind, directly in line with the onion
operation and there may be one or two days out of the whole harvest season that
we detect any odor as a result of that. It's really, really minimal as far as
the odor goes.
MONSON BROS. HEARING
November 5, 1984
Page 24
STEFFENS: In relation to the specific rotting onions you did not notice any
increase in odor?
WIGGERS: No, during the time we were unable to work the field, one day I
noticed a slight odor, but it's been one day this whole harvest season. As far
as the disease or rodent condition, I mean we are as close as any and we don't
have any rodent fences up and we haven' t noticed any rodent problems. Not at
all. I'd like to say something also to the petition situation, we known the
agitators and agitates in this situation, I don' t want to get into a battle at
all, but I have been approached numerous times with the suggestion that I get
down to the Commissioners, the Health Department or sign a petition. The
individual petitions that you people get are not always spontaneous. I think
that is unfortunately true. A petition is always from a specific source and
whatever the reason is I don' t have any sympathy for them. We live close, we
don' t have a problem. I just sorry that the neighborhood has to go through that
because somebody ?.
KLEIN: Do you know how this particular petition was circulated?
WIGGERS: Yes --
KLEIN: How was that?
WIGGERS: It, Mrs. Zabka brought the petition around and wanted it signed. And
also something else that goes on there, we have a neighborhood party hosted a
complaint and somebody who is agitating hosting a party and trying to get a
petition signed at that. I would sign the petition ?.
KLEIN: I don' t have any further questions for this witness.
STEFFENS: Does the Board? No. Do you have any other witnesses, Mr. Klein.
KLEIN: Yes. First of all, I would give you back your exhibits I've been
holding in my hand here. I would point out that only two of those written
complaints really address the odor problem of the onion field all four of them
are talking about the feedlot.
MORRISON: These are going to stand admitted, if you have no objection.
KLEIN: We have no objections to that.
MONSON BROS. HEARING
November 5, 1984
Page 25
MONSON: The onions that we don' t use, we take to this location that we saw the
films of , or the pictures of. And at that location, we in timely parts of the
year we spread them with the manure spreader, we disk and plow them, so forth,
try to keep it as clean as possible.
KLEIN: How long have you been operating the processing operation?
MONSON: Since 1973.
KLEIN: Have you changed your method of disposing cull onions from past
practices?
MONSON: We have ah, four years ago we started the trenching method. And the
reason we started the trenching method, I happen to be the President of North
Colorado Onion Association, and people from CSU, Dr. Schwartz, and several
people said that it was unclean to have our onions just out in the open for
generating onion diseases. Now, as far as health problems to people, we were
never from the University have never been notified of health problems we' re
causing for people. Onions are a health food. So, about four years ago we
started trenching in the Winter time because we could not get out there to disk
we could not get out there to plow, certain conditions it just could not be
done, so we started the trenching operation four years ago.
KLEIN: And do you have an opinion whether or not that is a health hazard, the
method you are practicing now?
MONSON: Well, my opinion is that it is not. Onions are a health food. The
main reason for their bitterness and so forth, is usually the sulfur compounds
that within an onion that gives it its pungency and taste for all the foods we
eat. I do not believe that I am doing anything that would be a health hazard to
the human population of Greeley, Colorado.
KLEIN: Are the onions in a putrified or rotten state?
MONSON: When the onions are put out in the field, they are not in a putrified
or rotten state. You would be surprised the consumer is so sophisticated in the
United States the product that we actually throw out, as cull onions, is
actually an edible product. But we have no market for that product because
it's out of size or it's doubles or maybe a mechanical problems with the loading
operation or the harvesting operation that designates it as a cull. But it is
not in a putrified state.
KLEIN: No, I talking about once they are in the field, do they become that way?
MONSON BROS HEARING
November 5, 1984
Page 25
KLEIN: We have a letter from a Dr. Howard Schwartz, Cooperative Extension
Services, from Colorado State University, dated November 2, 1984 (I have two
copies) . I ask that each of these be marked as a exhibit. And I would just
like to ask some more questions of Mr. Monson. Mr. Monson, you have already
introduced yourself, could you tell the Board generally your occupation.
MONSON: My father and his brothers started Monson Brothers Company. It is
actually at this time my father, myself and my sister. It's our farming
operation. I am General Manager. I do the farming, I also do a lot of the
selling. And that is my occupation.
KLEIN: Is your father present today too?
MONSON: Yes sir, he is present.
KLEIN: And his name is?
MONSON: Joseph
KLEIN: And he's brother of Bill Monson?
MONSON: Bill Monson
KLEIN: whose spoken.
MONSON: Right, Right.
KLEIN: Could you describe your operation, what Monson Brothers does?
MONSON: Monson Brothers Company, were in the fresh produce business. We grow
and ship onions and carrots. That's our main occupation.
KLEIN: Do you have a processing operation?
MONSON: Yes sir.
KLEIN: In the area that's been described.
MONSON: Yes sir, we have a processing operation on Road 39:. It's 31466 Weld
Co. Rd. 1139/.
KLEIN: What do you do there?
MONSON: At that location we process onions and carrots. At that time we hand
grade the onions to take out the onions that the consumer does not want, whether
they are mechanical damaged, whether they have decay, size problems, doubles so
forth like that. We also grade carrots at that location. We take out they too
short carrots, the crooked carrots, so forth.
KLEIN: And what do you do with those? Those onions that you don' t use?
MONSON BROS. HEARING 3
November 5, 1984
Page 26
MONSON: Once they are covered up, I think that you could ask Millie that she
would be very surprised that I have plowed that field four times with onions on
top of it and like she said, the last time it looked like they were 90% covered
up. It is amazing, it is much like your compost pile at your garden. The
more food you give the micro organisms in the soil, the more they can decompose
and the more they grow and can get rid of this product. And it is amazing what
the soil can do. We have this manufacturing plant, or this soil micro
organisms out there working 24 hours a day and it's amazing what they can do
given the right food. So.
KLEIN: Do you know if the practice you' re following, as testified by Mr.
Hoshiko, is used in other areas?
MONSON: Yes, sir. I know for a fact that in Ontario, Oregon, which is called
the eastern Idaho, yes it would be Eastern Oregon and Western Idaho, which they
grow approximately 14,000 acres onions, which we in our northern part here we
grow approximately 6,500 acres onions. They have a marketing order under which
they dispose of their onions exactly like Monson Brothers are disposing of their
onions. And that marketing order states that you have to bury the onions by at
least four inches of soil before the next when the young onions come up and they
in that statement do not mention health hazards to people. Now some of them do
the trenching operation, some of them plow and disk and so forth like that, it
depends on the weather conditions that they have.
KLEIN: Where to you sell your onions?
MONSON: Monson Brothers Onions are sold all over the United States from the
West Coast to the East Coast. In the early part of year, in August/September
block when we are harvesting transplant onions, they generally go to the East
Coast, biggest volume. But, they are sold into Canada, we approximately export
approximately 100 loads into Canada. We go the West Coast, Los Angeles, we go
to the East Coast, New York City, Washington D.C. , Philadelphia, Boston, all the
placed in between.
KLEIN: Are your farms the sole source for your onions that are processed?
MONSON: No, sir. We have approximately 20 growers, 20-25 growers, that go
through our processing operation. And they also use our processing operation.
KLEIN: How do the onions get from the growers fields to your operation?
MONSON: Most generally, unless they are a storage onion, if they are
transplanted, we pick up all the onions with our own trucks and the loading
operation and everything is done by Monson Bros. Company.
KLEIN: What is the difference between a transplant onion and a storage onion?
MONSON: A transplant onion is grown, initially, it will be seeded approximately
the 15th to the 20th of December down in (?) Texas. We will grow that plant
until it is slightly smaller than what you get in the grocery stores as a green
MONSON BROS. HEARING
November 5, 1984
page 27
onion, but at that time we harvest it, which is approximately the first of
April. We ship it up here with bob—tail trucks and at that time it is planted
in fields in Weld County.
KLEIN: Are you aware of how other onion growers or processors in the county
dispose of their culls?
MONSON: Not everybody, but most everybody, yes sir, I do know.
KLEIN: How do their disposal systems compare to yours?
MONSON: Well, in my mind, most of them, the cull onions are just dumped on top
of the ground, they are left in piles and they are not incorporated into any
soil structure anything like this. Now some of them do go to our landfill
sites, and they are not disposed of, in my estimation, as well as I dispose of
our onions.
KLEIN: Why is that?
MONSON: They are not covered as well as they should be, they are not covered at
a proper time of the year. In the spring time when we have onions growing here,
small onions growing, there's a lot of them still uncovered, and they are a
source of disease for the next years' onion crop.
KLEIN: Why can't you just take your onions and throw them on the landfill?
MONSON: Our growers are approximately 20-25 growers, it would cost them
approximately $50 per acre to dispose of all our onions in a landfill site. And
you take there is 6500 acres grown in the northern part of your state, and it
would cost the growers approximately $325,000 to dispose of every onion in a
landfill site.
KLEIN: What is the closest landfill site to where you operate?
MONSON: The closest one is approximately six to seven miles.
KLEIN: Is there any problem with that landfill site that you know, other than
(?) . .
MONSON: That landfill site, as far as I know, other than the expense, is closer
to the groundwater table than my trench at 6 feet deep.
KLEIN: How long a process is this, to harvest and to package them and send them
out?
MONSON: Transplant onions grow a lot faster. We start harvesting them the 25th
of July, and we' re done with transplants by the first of October, because they
come right in out of the field and they are shipped, because they are not a
storage type onion. But the seeded onions are harvested between the first of
September and the first of October, and they will stay in storage buildings with
MONSON BROS. HEARING
November 5, 1984
page 28
air running on them, with blowers blowing that air, it will stay there until,
probably the last onions will be shipped out of her the 15th of February to the
first of March.
KLEIN: And after that there's a gap between then and July when you start
harvesting your onions again?
MONSON: Yes, sir.
KLEIN: And what do you intend to do with that trench once you complete your. . .
MONSON: Once I complete our operation we will get a caterpillar in there, we
will cover that trench, we will disk and plow throughout the area, we will level
off the ground so we have a level area, and it'll just be kept in summer fallow
throughout the rest of the year.
KLEIN: Do you expect the trench to constitute a health hazard at any time?
MONSON: You're going into your cool weather cycle. I don't believe that all the
onions that are dumped in the open are a health hazard in Weld County, and I do
not believe that this trench is a health hazard, no, sir.
KLEIN: Are there any other sources of odor in the area where your operation is
located besides this possible onion field?
MONSON: Yes, there is feedlots, there is the packing plant, there is the
rendering plant, there is the dogfood plant, there is various odors.
KLEIN: Mr. Monson, first of all I would ask you, how did you first learn about
this complaint that brought up?
MONSON: Millie Turner came to my office in September, I really couldn't tell
you the day or the time, but anyway Millie was the first who came and told me
there was such a complaint against our operation.
KLEIN: Were you told the source of the complaint?
MONSON: I was just told there was a petition signed in the neighborhood
complaining about the odor and so forth from by onion cull pit, field.
KLEIN: Did you subsequently learn where a great number of those signatures were
placed on the petition, how they were placed on the petition?
MONSON: Yes, sir, I have.
KLEIN: And how was that?
MONSON: Mrs. Zabka had a neighborhood party at her house and she handed out a
petition and asked for signatures.
MONSON BROS. HEARING
November 5, 1984
page 29
KLEIN: Who is Mrs. Zabka?
MONSON: Mrs. Zabka is the president of Martin Produce Co.
KLEIN: Are they in direct competition with you?
MONSON: Yes, sir they are in direct competition with us.
KLEIN: Did anything happen between your company and hers over the last few
years that has caused some disagreement?
MONSON: At one time our sales manager sold onions to Martin Produce Co. , and my
father and my sister and myself did not feel that was a proper thing to do, and
so when he retired out of our business we discontinued selling onions to Martin
Produce Co.
KLEIN: Did that cause a problem between you and Mrs. Zabka?
MONSON: Yes, it seemed to cause a problem.
KLEIN: Where is your sister today?
MONSON: My sister, today, is home with a headache I guess. She had an
d automobile accident Friday night and that's the reason she did not appear in
court, or at this hearing today.
KLEIN: Mr. Monson, I hand you two photographs and ask you to identify what they
are.
a MONSON: These pictures are looking from south to north. It is a picture of
potato and onion dump right in front of Mrs. Zabka's house.
STEFFENS: And we saw that picture. . .
BENSON: Are you going to issue a complaint against them? If not, I don't think
that we really need to have the information presented, because it has nothing to
do with your trench in your field. It is something that is on their land.
KLEIN: OK, I think . . . (?) , if the source of the complaints are coming from a
direct competitor, that's the whole reason why we are here. This complaint was
originated by a competitor who lives in the neighborhood.
BENSON: That's the reason we' re here, but the reason we' re here now is not
because there's a complaint from a neighbor. It is are we creating a hazard to
the resident of Weld Co. , that is the reason we are here now. No matter it was
Dorothy Martin that issued the complain, myself, or one of our environmentalists
drove by the road and saw the situation as it existed.
MORRISON: Well I think that Mr. Klein, the photographs, what are those being
offered to prove?
MONSON BROS. HEARING
November 5, 1984
page 30
KLEIN: Just to demonstrate that this condition that Monson's have is no worse
than accepted practices in the neighborhood. We are not here filing a
complaint. . .
MORRISON: I understand that now. As far as the other thing, I guess my advice
to the Board is that something that reflects on the credibility of the evidence
that has bee presented showing the complaint, something that chips away at the
credibility would be relevant. That is your ruling to make, but in terms of,
you can show improper purpose, or at least question the purpose of the evidence
that has already been presented. If you feel that is still relevant you can
allow it.
KLEIN: I'm just offering those photographs and can drop the subject at this
time.
?: Are those just other photographs of the same dump as shown on the slides?
MONSON: Yes, they are, except at that time we didn't see that pile of white
onions out there on the Health Department's. . .
?: When were those photographs taken?
MONSON: Those photographs were taken this last Friday.
0
KLEIN: Mr. Monson, I might ask you if at any time it was brought to your
attention that your operation does need to take steps to prevent any health
hazard from occurring. Are you willing to cooperate with the Health Department
to prevent any such problem?
MONSON: Yes, sir, we are sure willing to cooperate. We all live in Weld County
and we just love Weld County, and Greeley.
KLEIN: I have no further questions.
STEFFENS: Does the Board have any questions of Mr. Monson?
BAUR: I have a question of Wes. I'd like to know whether any directions have
been given to Mr. Monson that he has not followed?
POTTER: No. As a matter of fact, in both the cases, I say both the situations,
the Monson feedlot and the onion disposal field, I've never, I haven' t had any
uncooperative response at all. I guess the reason that we're here is for you to
decide whether you feel this is a nuisance and a source of filth.
BENSON: I'd like to ask. . .Do you intend, in future years, to continue using
this field in the same procedure and the same process as you've used in the
past? IN other words, next year you want to dig another trench and continually
do it?
MONSON BROS. HEARING
November 5, 1984
page 31
MONSON: Yes.
BENSON: OK, Now I'd like to ask Wes a question. How much would it cost to
drill a number of test holes, however would be needed to see if there would be
some leaching into the Eaton Creek or into the groundwater.
POTTER: I'm not an expert that I can give you a specific cut and dried number.
Some experiences we've had in the past would be in the area of about $20-50 per
foot, so it could cost him, if I was to be asked to give a breakdown on that
site and how many wells should be put in, I would say four to six wells at a
cost of $2000 to $5000 apiece, so it would be rather expensive to put monitoring
wells in.
MORRISON: I'm going to step outside my role for a moment. Is there another way
to do it other than wells. Can you dig a trench, at least to find out where the
groundwater is relative to the bottom of Mr. Monson's. . .
POTTER: Landfills are required by law to lay down a minimum of a six inch clay
layer at the bottom of a landfill when they begin, because they put in fill.
Everything is encapsulated inside of a fill. They are also required to monitor
the groundwater table. In a site similar to this it would be required to put a
drainoff retention pond, which would be like a long pit right alongside the
Eaton Draw, at the very lowest downslope position from the disposal site, to
monitor the groundwater table.
BAUR: Does this site qualify, does this site fit the legal description of a
landfill?
POTTER: I don' t know that it is the Board's position to be addressing that.
I'm not trying to be sarcastic at all. The solid waste disposal act is what
handles disposal of landfill type disposal situations, and there is some
language in there covering agricultural wastes. It certainly could be something
that could be considered by Mr. Monson, at least, to continuously, every year
use this as nothing but a disposal site as opposed to put the material in as a
soil conditioner, certainly would be up for review, whether in fact it was
under the jurisdiction of the solid waste disposal act.
MORRISON: You've asked for some guidance from the State and not gotten it yet?
POTTER: That's right. We are still waiting for the State to respond on the
questions of if this was in fact falls under the category of the solid waste
disposal act it would require a certificate of designation from the Weld County
Commissioners, and a use by special review and at that point then monitoring
would be required. And a maintenance management program submitted. But that 's a
separate . . .
B. MONSON: Could I ask a question? How deep, these wells that you would drill
for monitoring, how deep would they be?
MONSON BROS. HEARING
November 5, 1984
page 32
POTTER: I would say probably, based on my past experience in geomorphology that
that would, 10 feet would probably be deep enough. You'll find that when you go
out, and I'm sure in past years if you dug trenches out there you see water show
up in the bottom of the pit at wet times. What that is is the groundwater
table, as water percolates into the groundwater table it follows the flow of
the, the lay of the land toward the ditch, in other words the water does not go
straight down. It goes down and then follows the lay of the geomorphic feature
toward the draw. In a very, very wet year over an extended period of time of
wetness, you will actually see a surface expression that you see water running
down the ditch there, in the Eaton Draw area. There's no way you can tell
specifically until you went out and drilled a couple of wells and see what
you've got.
B. MONSON: It seems to me somewhat foolish to do something like that adjacent
to a feedlot which I'm sure there is a terrific amount of this same. I
precipitates down through, it seems like comparing the two would be foolish,
really.
POTTER: Two comments. Number one I agree with you that it would not be cost
effective to put the monitoring wells in, but for a different reason. The
disposal site that we are talking about is upslope from the groundwater table, I
mean from the feedlot, so you wouldn' t have any interference from the feedlot,
but you might see interference from some other types of activities.
B. MONSON: In other words, if you were to test the feedlot it wouldn't be a
true test.
POTTER: A true indication of what is going on, right. Specifically our frame
of reference at that site, the feedlot, I don't think would have a strong an
influence on what's going on, because it' s downslope. . .
B. MONSON: You don' t really know what's upslope from the onion field.
POTTER: No, I haven't done an evaluation of the whole area. And I don' t know
that the monitoring wells would be that desirable either. If in fact Mr. Monson
intends to continue for a long period of time to use this just for the disposal
of onions we certainly should address the potential of some of the problems that
could be involved with that, whether it be groundwater table monitoring or
whatever.
E. MONSON: We've been doing that for 11 years now.
POTTER: Groundwater table monitoring?
E. MONSON: No, having that dumpsite there. Cull onions have been in that field
for 11 years.
MRS. MONSON: Have there been any tests done as to anywhere where we have been
hurting the water table?
MONSON BROS. HEARING
November 5, 1984
page 33
POTTER: No we haven't done any field testing at all in that area.
STEFFENS: Any further questions?
E. MONSON: Does the Health Department act alone or do they have to wait for a
complaint?
POTTER/STEFFENS/TURNER: Both.
STEFFENS: What would the Board's pleasure be?
BAUR: If we' re open for discussion I guess it's my opinion that I don' t see the
preponderance of the evidence indicating that we have a significant health
hazard. I guess I'm not prepared to make a motion to either side until I hear
what the other people feel, on the Board.
SMEE: I think this is true. There is no smell, and it isn' t unsightly
particularly. I do think perhaps that if they continue to use it then maybe
something, some sort of monitor for the groundwater. . .
BAUR: Yes, I think it has the potential for being a problem, and it is
certainly not as desirable as having a golf course next door or something like
that.
HENNECK: At this point in time. . . (?)
BENSON: I think there is a problem that exists that is going to be in the
future, and is going to be more what's underneath the surface than what the
neighbors are going to see or smell. And I'm not really convinced that there is
going to be that much of a problem there because and onion basically is water.
When an onion decomposes, it is just generally water that is going to go into
the soil. The actual composition is going to be bacterial composition, as far as
the onion itself is concerned, it isn' t going to contribute a lot to the soil
except water, except for the bacteria. So if there are going to be any problems
it would be in water quality downstream.
SMEE: Perhaps Mr. Monson would address this at some future time. If you do
continue to use this, what, 15 acres, every year then I'm sure it will be a
problem eventually.
MONSON: Ma'am, I don' t know, but my education at CSU has been in horticulture
and business. We have a biological situation here which is just absolutely
working fantastic. It's better disposal of a product than any disposal you have
in the County of Weld County. Now, that's my opinion, but it's because of the
microorganisms in the soil. There is no herbicide in that ground. There is no
fertilizer on that ground, except all organic material. It's just like your
compost pile in your garden or yard. And it does nothing but just makes that
soil rich, and it absolutely decomposes. I just do not. . . that's just an opinion
I have, but I think it's an educated opinion, and it is good opinion, I think.
MONSON BROS. HEARING
November 5, 1984
page 34
BAUR: I guess I'd like to make a motion, see if it will fly. I move that the
Board recommend that we do not, that the Board state that we do not find a
significant health hazard or nuisance in this ease, that we direct the
Envronmental Health Division to periodically (end of tape side 6) monitor and
inspect the situation.
SMEE: Second.
BENSON: (I would like to) amend this to see what the State says as far as
whether it would go under the landfill designation or not, the definition that
you are waiting on.
POTTER: The action that would be taken under then State Solid Waste Disposal
Act would be separate and independent from this.
BENSON: Then I'd go along with the motion.
STEFFENS: OK, It has already been seconded. Is there any further discussion?
All in favor? Opposed. The motion passes.
Cooperative Extension Service 6u
EXHIBIT Colorado State University
• Fort Collins, Colorado
/ 80523
April 18, 1985
Ed Monson
P.O. Box 1426
Greeley, CO 80632
Dear Ed,
I have enclosed a copy of the new Service in Action bulletin on
Botrytis disease and Purple Blotch of onion for your information.
This bulletin will be printed in the next few months, and I will
send you some final copies with color illustrations at that time.
The bulletin has received extensive review and input from CSU
specialists and numerous onion industry personnel to provide a
current and relevant consensus on onion disease management
strategies for Colorado. These strategies encompass numerous
factors with emphasis placed upon crop rotation, sanitation of
debris and onion culls, weed management, clean seed and trans-
plants, moderate fertility programs, fungicide scheduling, and
harvest and storage practices . Our recommendations basically
agree with those commonly proposed for other onion production
regions of the nation.
During the last few years, I have observed that onion debris and
culls have been handled in various ways and to varying degrees
by the onion industry in the north central, west slope and
Arkansas Valley regions of Colorado. Some processors and handlers
dispose of culls properly in landfills or trenches before spring;
while others leave them in the open even after the new onion
crop is growing and susceptible to infection by wind-blown patho-
gen spores or insect pests . I have devoted some of my program
resources to this issue and am distributing information to the
onion industry on the recommended handling of onion culls to
reduce pest pressure and production problems in Colorado. There-
fore, I feel that the trenching and plowing procedures you have
implemented in your operation are practical and contribute a
great deal to the type of disease (and pest) management approach
necessary for the onion industry to operate efficiently and
effectively in Colorado. I am continuing to work with other
onion processors throughout the state, and encourage them to
adopt similar practices .
Colorado State University and U.S. Department of Agriculture Cooperating
Ed Monson
April 18, 1985
--page two
I hope that this letter and enclosed information will provide a
sufficient review of the onion disease management procedures
recommended by Colorado State University.
Sincerely,
q474/7LiDe...7( /4-S/
Howard F. Schwartz
Research and Extension
Plant Pathologist
Department of Plant Pathology
and Weed Science
HFS/smn
Enc.
PETITION
TO: The Board of County Commissioners
Weld County, Colorado
RE: Monson Brothers, Cease and Desist Order
PUBLIC HEARING: June 5, 1985
Commissioners Chambers
Weld County Commissioners
915 10th Street
Greeley, Colorado 80631
WE, THE UNDERSIGNED, STATE THAT IT IS OUR INFORMATION AND BELIEF THAT THE
METHOD OF DISPOSING ONION DEBRIS AND CULLS THAT THE MONSON BROTHERS IN TEND TO
FOLLOW BY DISKING AND PLOWING UNDER AND BY COVERING OVER IN PITS OR TRENCHES
BY MARCH 15TH OF EACH YEAR IS A VERY SAFE, SANITARY AND ECONOMICAL METHOD OF
DISPOSAL. WE FURTHER STATE THAT HEALTH DEPARTMENT'S CEASE AND DESIST ORDER
REQUIRING WEEKLY COVERING OF THE CULLS AND DEBRIS WITH AT LEAST 10 INCHES OF
SOIL IS UNNECESSARY AND UNREASONABLE AND WILL CAUSE AN ECONOMIC HARDSHIP TO
THE GROWERS, SHIPPERS AND CITIZENS OF WELD COUNTY.
SIGNATURE COMPANY/EMPLOYMENT ADDRESS DATE
L erg CC j.�u, et/%�. (7.t-k,zeo/' 't—Ltiti: 4444 3.' C
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AFFIDAVIT
I 'DC n (VG- Er , do hereby state that I was the circulator of the
attached petition and further state, that I personally witnessed each signa-
ture appearing on the petition. To the best of my knowledge, each signature
thereon is the signature of the person whose name is purports to be and that
each person who signed the petition had the opportunity to read, or have read
to them, the petition in its entirety and understand its meaning. I further
state that no promises, threats or inducements were employed whatsoever in
connection with the presentation of this petition and that every signature
appearing hereon was completely free and voluntarily given.
FURTHER AFFIANT SAYETH NOT.
n,41-GH
Circulator 11
STATE OF COLORADO )
COUNTY OF WELD )
CITY OF GREELEY
C4
SUBSCRIBED AND SWORN TO BEFORE ME THIS J- -- DAY OF ;,
1985.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: 9.„Ce r? yl / ��✓
474,7
Notary Public
(Address) //�/ /�9y
(SEAL) 1�/� .4ti Cc� !a cdCl�o
PETITION
TO: The Board of County Commissioners
Weld County, Colorado
RE: Monson Brothers, Cease and Desist Order
PUBLIC HEARING: June 5, 1985
Commissioners Chambers
Weld County Commissioners
915 10th Street
Greeley, Colorado 80631
WE, THE UNDERSIGNED, STATE THAT IT IS OUR INFORMATION AND BELIEF THAT THE
METHOD OF DISPOSING ONION DEBRIS AND CULLS THAT THE MONSON BROTHERS IN TEND TO
FOLLOW BY DISKING AND PLOWING UNDER AND BY COVERING OVER IN PITS OR TRENCHES
BY MARCH 15TH OF EACH YEAR IS A VERY SAFE, SANITARY AND ECONOMICAL METHOD OF
DISPOSAL. WE FURTHER STATE THAT HEALTH DEPARTMENT'S CEASE AND DESIST ORDER
REQUIRING WEEKLY COVERING OF THE CULLS AND DEBRIS WITH AT LEAST 10 INCHES OF
SOIL IS UNNECESSARY AND UNREASONABLE AND WILL CAUSE AN ECONOMIC HARDSHIP TO
THE GROWERS, SHIPPERS AND CITIZENS OF WELD COUNTY.
SIGNATURE COMPANY/EMPLOYMENT ADDRESS DATE
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AFFIDAVIT
I, ...
j,,L `L'-°A` , do hereby state that i was the circulator of the
attached petition and further state, that I personally witnessed each signa-
ture appearing on the petition. To the best of my knowledge, each signature
thereon is the signature of the person whose name is purports to be and that
each person who signed the petition had the opportunity to read, or have read
to them, the petition in its entirety and understand its meaning. I further
state that no promises, threats or inducements were employed whatsoever in
connection with the presentation of this petition and that every signature
appearing hereon was completely free and voluntarily given.
FURTHER AFFIANT SAYETH NOT.
Circulator
STATE OF COLORADO )
COUNTY OF WELD
CITY OF GREELEY
SUBSCRIBED AND SWORN TO BEFORE ME THIS c DAY OF u.n+
1985.
WITNESS MY HAND AND OFFICIAL SEAL.2-2.
MY COMMISSION EXPIRES: ' /7ti
Notary Public
(Address) p
l.7 T-;6"`D
(SEAL) / 14
PETITION
TO: The Board of County Commissioners
Weld County, Colorado
RE: Monson Brothers, Cease and Desist Order
PUBLIC HEARING: June 5, 1985
Commissioners Chambers
Weld County Commissioners
915 10th Street
Greeley, Colorado 80631
WE, THE UNDERSIGNED, STATE THAT IT IS OUR INFORMATION AND BELIEF THAT THE
METHOD OF DISPOSING ONION DEBRIS AND CULLS THAT THE MONSON BROTHERS IN TEND TO
FOLLOW BY DISKING AND PLOWING UNDER AND BY COVERING OVER IN PITS OR TRENCHES
BY MARCH 15TH OF EACH YEAR IS A nRY SAFE, SANITARY AND ECONOMICAL METHOD OF
DISPOSAL. WE FURTHER STATE THAT HEALTH DEPARTMENT'S CEASE AND DESIST ORDER
REQUIRING WEEKLY COVERING OF THE CULLS AND DEBRIS WITH AT LEAST 10 INCHES OF
SOIL IS UNNECESSARY AND UNREASONABLE AND WILL CAUSE AN ECONOMIC HARDSHIP TO
THE GROWERS, SHIPPERS AND CITIZENS OF WELD COUNTY.
SIGNATURE COMPANY/EMPLOYMENT ADDRESS DATE
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AFFIDAVIT
I, innAeltne. . (Ylo-nsc-n , do hereby state that I was the circulator of the
attached petition and further state, that I personally witnessed each signa-
ture appearing on the petition. To the best of my knowledge, each signature
thereon is the signature of the person whose name is purports to be and that
each person who signed the petition had the opportunity to read, or have read
to them, the petition in its entirety and understand its meaning. I further
state that no promises, threats or inducements were employed whatsoever in
connection with the presentation of this petition and that every signature
appearing hereon was completely free and voluntarily given.
FURTHER AFFIANT SAYETH NOT.
.
,. • ,' coaKQnr <---riumraz _...)
Circulator
STATE OF COLORADO )
COUNTY OF WELD )
CITY OF GREELEY )
SUBSCRIBED AND SWORN TO BEFORE ME THIS t-
f DAY OF
1985. ---,---x
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES: ' iLt, t-1 c�/ /,47,:r
Notary Public
(Address)
i
(SEAL) '--.-±V-It.—P-, �c= �� tC�
TO: WELD COUNTY BOARD OF COUNTY COMMISSIONERS
FROM: MONSON BROTHERS CO.
RE: DISPOSAL OF ONION DEBRIS AND CULLS
DATE: June 5, 1985
This is an action brought under C.R.S. , Sections 25-1-613 and 25-1-617,
which provide:
25-1-613. Removal of nuisances. The board of health
shall examine all nuisances, sources of filth, and causes
of sickness, which, in its opinion, may be injurious to
the health of the inhabitants, within its town, city, or
county or in any car or train of cars within said town,
city, or county, and it shall destroy, move, or prevent
the same as the case may require.
25-1-617. Removal of nuisance on private property -
penalty. Whenever any nuisance, source of filth, or cause
of sickness is found on private property, the board of
health shall order the owner or occupant or such person
who has caused or permitted such nuisance, at his own
expense, to remove the same within twenty-four hours. In
default thereof, he shall forfeit a sum not to exceed one
hundred dollars at the suit of the board of county
commissioners of the proper county or the board of the
proper city, town, or village for the use of the board of
health of the city or town where the nuisance is found.
It is respectfully submitted that the Weld County Board of Health's Cease
and Desist Order of April 12, 1985, is arbitrary and unreasonable. It is
based upon a hearing which did not comply with ordinary standards of fairness
and due process, in that there was no orderly presentation of evidence;
witnesses were permitted randomly to give unsworn statements not based upon
personal knowledge but on third-party information; and the order entered by
the Board of Health was not supported by substantial evidence. The Cease and
Desist Order contradicted the order entered after the hearing on November 5,
1984, in which it was found that Monson Brothers Co. was utilizing proper
disposal methods.
" EXHIBIT
6 s �s
Monson Brothers Co. submits that if this Board deems it appropriate
to regulate the disposal of onion debris and culls, a more reasonable and
economical method, which is safe and sanitary, can be directed. The Monson
Brothers Co. proposes to begin disking and plowing the onion culls into the
soil on a weekly basis, as it has been doing for several years. As soon as
the weather conditions prevent such method of disposal, the onions will be
dumped in pits or trenches, which will be covered if needed at least three
times between October 15 and March 15. The method proposed by Monson Brothers
Co. is a method even more restrictive than that adopted and approved by other
states that have considered the issue (see Oregon Administrative Rules 603-52-
350 and Idaho Cull Onion Regulation Title 22, Chapter 1 attached) .
The Weld County Health Department order requiring the weekly covering of
the onion debris and culls is unnecessary and unreasonable, and will result in
severe economic hardship, not only to Monson Brothers Co. but to the other
shippers and growers of Weld County. There is no evidence to establish that
weekly covering is necessary. Evidence indicates that the disking-and-
plowing and the trenching methods need be completed only by a certain date
each spring to prevent the spread of disease and unsanitary conditions .
Admittedly, Monson Brothers Co. was later this year in covering the
trench because of certain unusual conditions, but the company agrees that this
will not happen in the future. There was some evidence of small gnat-like
creatures in the neighborhood of the onion trench in March, but the source of
2
of the type of the insect was not established. Evidence will show that the
gnats are probably from other sources in the area. At no time during its
investigation did the Health Department find an odor violation under state
law.
It may be unfortunate that private residences are located so close to an
area which has numerous agricultural and industrial uses, but that should not
preclude the use of proper methods of agricultural waste disposal. As stated
in the County Zoning Ordinances sec. 31. 1.
Intent of the A (Agricultural) District.
Agriculture in Weld County is considered a valuable
resource which must be protected from adverse impacts
resulting from uncontrolled and undirected business,
industrial and residential land USES. The A District is
established to maintain and promote agriculture as an
essential feature of Weld County. the A District is
intended to provide areas for the conduct of agricultural
activities and activities related to agriculture and
agricultural production without the interference of other,
incompatible land USES. The A District is also intended
to provide areas for the conduct of Uses by Special Review
which have been determined to be more intense or to have a
potentially greater impact than Uses Allowed by Right.
The A District regulations are established to promote the
health, safety and general welfare of the present and
future residents of Weld County.
There are no known Colorado cases interpreting the two statutes under
which this action was brought. It is obvious that under the two previous
statutes cited the Board must find a health hazard and not mere general public
nuisance, as urged by the Assistant County Attorney. The definition of
nuisance as set forth in Echave v. City of Grand Junction, 193 P.2d 277 (1948)
is not applicable because that case involved a lawsuit for abatement of public
nuisance brought by the Town of Grand Junction against the use of a building
3
in violation of liquor code and building codes. This action by the Health
Department involves only nuisances in the form of health hazards.
CONCLUSION
It is respectfully submitted that the Board of County Commissioners must
find that the Board of Health has not sustained its burden of proof in
establishing that Monson Brothers Co. 's operation is a nuisance, source of
filth, and cause of sickness which is injurious to the health of the inhabi-
tants. If regulation of onion disposal is required, it must be adopted only
after careful investigation and deliberation and uniformly applied throughout
the county, and not through the unilateral application of a cease and desist
order.
SHADE, DOYLE, KLEIN, OTIS & FREY
By:
Roger Klein
Attorney for Monson Brothers Co.
300 Greeley National Bank Plaza
Greeley, Colorado 80631
Telephone: (303)353-6700
4
OREGON ADMINISTRATIVE RULES (
CHAPTER 603. DIVISION 52—DEPARTMENT OF AGRICULTURE
Onion Maggot Control Control Ares—White Plne Bawer Rust—Jackson County
Area in Malheur County 603.52-300 (AD 395.f.8-1519,ef.8-24-49:
Repealed by AD 1021(11-74),
Control Area-Onion Mn ot-Malheur County f.44.74,ef.4.25-741
dor
603.52-360(Il As used in this rule:
(a)'Control area"means all of Malheur County.Oregon: Bean Disease Control Area
(b) 'Person" includes individuals. partnerships. associa- Malheur County
tions.and corporations.
(2) A control area is established within the boundaries of Malheur County Bean Disease Control Area and Procedures
Malheur County for the protection of the onion industry by the 603.52-315(1)As authorized by ORS 570.405 to 570.435.a
eradication and control of the insect pest known as the onion control area is established for the protection of the bean seed
• maggot. industry in the following described area through the eradication
(3)The following methods of eradication and control are or control of seedborne bacterial diseases. specifically: Halo
declared to be the proper methods used in the control area Blight caused by Pnndowo sonar p/maeolicola (Burk.) Dows:
described in section (2) of this rule for the eradication and Common Bean Blight caused by XaMAontonas phenol!(E. F.
control of the onion maggot: Sm.) Dows: Fuscous Blight cause by Xanthonsonas phase:di
(a) AU cull or waste onions existent in the control area var. /wean; (Burk.): Brownapot caused by Preadonronas
shall be disposed of by a method approved by this control syringwe (van Hall) (only strains virulently pathogenic to
order prior to March 15th of each year: provided. however. Phase nos s5-.): Bean Bacterial Wilt caused by
that in the case of onions sorted after such date, the cull and Corynebactenwn flaccumfacienr (Hedges) Dows; or any
waste onions resulting therefrom shall be disposed of within variations or new strains of these diseases• which are recog.
one week after such sorting. nized as virulently pathogenic and seedborne. and/or a
(b)Disposal of cull or waste onions shall be accomplished potential threat to seed production, all of which are hereafter
only as set forth and provided by paragraph (ANT) and (ii), referred to as bacterial disease of beans; such control area
paragraph(BXi)and (ii). and paragraph (CXi)and(ii): except, includes all of Malheur county.Oregon.
in the event of an emergency where covering is temporarily or (2)The following methods of control are declared to be the
permanently impossible, then with the prior approval of the proper methods to be used in the control area described in
Department, such onions may be disposed of as set forth in section (1) of this rule, for the control and prevention of the
paragraph(Milli)and(B)(iii): introduction of bacterial diseases of beans. All bean seed.
(A)Disposal by covering in dumps or pits: Pftaseolus species. from whatever source, used for planting
(i)Culls shall be dumped in pits and covered with at least purposes within Malheur County are subject to the following: (
one foot of uncontaminated soil. (a) Bean seed grown in Malheur County for planting in
(ii)Covering shall be accomplished by March 15th of each Malheur County:
year (A) Shall be certified in accordance with the procedures
(iii) The pit shall be dusted with either Id% Doll' or
and provisions of section(3)of this rule:
Chlordane. 2-1/2% Alin. or I-1/2% Dieldrin or Heptachlor (8) Shall have a Malheur County planting certificate
dust at the rate of 30 lbs. per acre. Dusting to begin not later number assigned by the Department;
than April 1st and continue at 10-day intervals until May 1st of (C) Shall have been Departmentally inspected or bear
each year. approved tags:and
(D)Shall have been grown and inspected for two consecu-
• ( Onionsal b by ys feeding:shall be completely removed from feeding tive preceding generations in Malheur County under rill
(i)B)Disposal
area and buried under at least one foot of uncontaminated soil irrigationImported rior to growing under own sprinkler irrigation.
by March 15th of each year. (b) bean seed grown west of the Continental
(ii) In the case of residues of onion debris two inches or Divide in May tha contiguous t states:
less in depth, or onions tramped into the soil so that they (A) not be grown under sprinkler irrigation in
Malheur County:
cannot be removed. such areas shall be plowed to such a depth (B) Must have an approved phytosanitary certificate from
that at least ten inches or more of actual soil can be turned the state of origin affirming freedom from the diseases listed in
without disclosing any onion residue. section(1)of this rule, based on growing season and windrow
(iii)Feeding areas and areas where onions are buried shall inspection for three (3) consecutive generations. If such (3)
be dusted in the manner set out in paragraph (AXiii) of this year phytosanitary history is not available. this seed may be
section. planted in Malheur County only with the prior approval of the
(C)Disposal of residue in onion producing fields: Department and provided that each field planted within
(i)Commercial onion fields where sort out bulbs are left at Malheur county is submitted for Departmental inspections:and
harvest shall be disked to destroy the bulbs and shall be plowed (C) Shall successfully pass laboratory and/or greenhouse
to a depth of at least eight inches by March 15th of each year. tests conducted by the Department from officially drawn
(ii) Seed bulbs shall be disposed of by the March 15th samples:except
following final seed harvest by disking and plowing in the (D) Idaho grown bean seed shall be exempt from the
manner set forth in paragraph(C)(i). requirements of this paragraph provided that:
Stat.Au W.: ORS Cl,, (i) It has been certified for in-state planting by the Idaho
Hit: AD 590. f. 9-10-58. ef. 9-28-58: AD 784(8-641. f. 4-29-64. Department of Agriculture:
cf.5-15.64 (ii) It bears Idaho Department of Agriculture inspected or
approved tags:
Control Area—White Pine Basler Rust— C (iii) It is certified by the Idaho Department of Agriculture
Josephine County to have been grown and inspected for two consecutive
603-52-375 (AD 394.f.8.15.49,ef.8-24-49: preceding generations in Idaho under rill irrigation prior to /
Repealed by AD 1021(11-74). planting for growing under sprinkler irrigation in Malheur 1\
f.4-4-74,ef.4.25-741 County:and
(February; 1%4) 24-Div. 52
CV ONION REGULATION (REVISED)
(By Provision of Title 22, Chapter 1, Idaho Code)
Relating to the Creation of an Onion Maggot Control Area in Western Idaho
SECTION 1. CONTROL AREA.
The phrase, control area, as used herein shall include Ada, Canyon, Gem,
Payette, Owyhee, and Washington Counties , State of Idaho.
SECTION 2. DEFINITIONS.
A. "Person" shall include individuals , partnerships, associations, and
corporations.
B. "Cull onions" shall refer to those onions that are not useable for
human consumption or are generally considered waste, and shall include the
residue left in the field from the production of onion seed as well as
commercial onions .
SECTION 3. REGULATED PRODUCTS.
All cull or waste onions produced as a result of the grading process, or
as a result of breakdown in storage or sorted out in the field during harvest
and bulbs and waste left over from seed production.
SECTION 4. DISPOSITION OF CULL ONIONS.
All cull onions existing in the control area shall be disposed of by a
method approved of by this control order prior to March 15, of each year;
provided; however, that in the case of onions sorted after such date, the cull
onions resulting therefrom shall be disposed of within one week after such
sorting.
SECTION 5. DISPOSAL METHODS.
A. Disposal by covering in dumps or pits .
1. Culls shall be dumped in pits and covered with at least one (1)
foot of uncontaminated soil .
2. Covering shall be accomplished by March 15th of each year.
3. Pits shall be treated with 10% granular Ethion at the rate
of 30/40 lbs/acre.
4. Treatment is to begin not later than April 1st and continue
at ten (10) day intervals until May 1st each year.
B. Disposal by feeding.
1. Onion debris shall be completely removed from feeding areas and
buried under at least one (1) foot of uncontaminated soil by
March 15th of each year.
2. In the case of residues of onion debris two. (2) inches or less
in depth, or onions tramped into the soil so that they cannot
be removed, such areas shall be plowed to such a depth that at
least ten (10) inches of actual soil can be turned without
disclosing any onion residue.
-2-
- 3. Feeding areas and areas where onions are buried shall be
treated in the manner set out in paragraph A-3 of this
section.
4. Cattle and sheep being finished for market or dairy cattle
shall not be fed forage or grains grown on feeding areas
treated in the manner set forth in paragraph A-3 of this
section. •
C. Disposal of residue in onion producing fields .
1. Commercial onion fields where sort-out bulbs are left at
harvest shall be disked to destroy the bulbs and shall be
plowed to a depth of at least eight (8) inches by March 15th
of each year.
2. Seed bulbs shall be disposed of by March 15th following
final seed harvest by disking and plowing in the manner
set forth in paragraph C-1 of this section.
SECTION 6. AUTHORITY TO ENTER AND INSPECT.
The director, Idaho Department of Agriculture or his deputies are
authorized to enter and inspect all cull dumps and/or onion disposal sites
in the state of Idaho for the purpose of insuring compliance with this
regulation.
PL1147
850791
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