HomeMy WebLinkAbout930582.tiff RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT
#540 - NORTHERN COLORADO BRINE, C/O MIKE CERVI
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 May 19, 1993, a Show Cause Hearing was conducted to consider
revocation of Special Review Permit #540, issued to Northern Colorado Brine, c/o
Mike Cervi, and
WHEREAS, at said hearing on May 19, 1993, said matter was continued to
June 23, 1993, at 10:00 a.m. , at which time said matter was again continued to
July 7, 1993, at 10:30 a.m. , and
WHEREAS, Mike Cervi is the owner of the facility located on property
described as part of the NE* of Section 26 and part of NW* of Section 25, all in
Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at said hearing of July 7, 1993, said matter was continued to
August 30 and 31, 1993, at 10:00 a.m. , so that a court reporter can be present
for the hearing, and
WHEREAS, also at the July 7, 1993, hearing, the Board determined the
installation of the new two-stage heater-treater equipment to not be a material
deviation; therefore, no amended Permit is required at this time, subject to
review and approval by the Weld County Health and Planning staffs.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning revocation of Special
Review Permit #540, issued to Northern Colorado Brine, c/o Mike Cervi, be, and
hereby is, continued to August 30 and 31, 1993, at 10:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 7th day of July, A.D. , 1993.
AR/ /4 BOARD OF COUNTY COMMISSIONERS
ATTEST: WEA COUNTY, COLORADO
`UViw, ✓J /✓ vvbc-i,Ci/7
Weld County Clerk to the Board
it
/ Consttg/annce L. Harber�/t/, Chai�rmannp �BY: ./zR ��L! CC G f7 c�� I�- � d/ b)T H1- - 1
Deputy Clerk to the Bo _ W. H. ebster, ro-Tem(/
APPROVED AS TO FORM: L � - a �J r ,^
G�ol�gejE. Baxte
County Atto ey le K. Hall
Barbara J. Kirkmeyer
930582
HEARING CERTIFICATION
DOCKET NO. 93-22
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF USR #540 - NORTHERN
COLORADO BRINE, C/O MIKE CERVI
A public hearing was conducted on July 7, 1993, at 10:30 A.M. , with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Keith Schuett
Health Department representative, John Pickle
The following business was transacted:
I hereby certify that pursuant to a notice dated April 12, 1993, and duly
published May 6, 1993, in the Windsor Beacon, a public hearing was
conducted on May 19, 1993, to consider the revocation of USR #540 issued
to Northern Colorado Brine, c/o Mike Cervi. At said hearing of May 19,
1993, said matter was continued to June 23, 1993, at which time it was
again continued to July 7, 1993, at 10:30 a.m. At the July 7, 1993,
hearing, Lee Morrison, Assistant County Attorney, made this a matter of
record. Mr. Morrison noted at the last hearing the permit holder's
representative, Ken Lind, was asked to prepare and submit in advance
exhibits, and staff was asked to present any material to Mr. Lind as
timely as possible. Let the record reflect Mr. Lind's exhibits were
submitted on June 30, 1993, and entered into the record as Exhibits 13
through 64. Mr. Morrison indicated the Air Quality Control Division draft
of the proposed agreement had been revised and updated by representatives.
Reference to volume as being a reason for delay if the Board did not
approve the 10, 000 barrels per day was deleted. Mr. Morrison further
explained the consequences if the County denied permission to install the
equipment.
Let the record reflect that Chairman Pro-tem Webster is now acting as
Chairman.
Mr. Lind explained the draft dated July 1, 1993, between the State and
Northern Colorado Brine, which proposes the time schedule for the
installation of the heater-treater system and limits production to 2, 000
barrels per day. Mr. Lind's letter dated July 6, 1993, to the Department
of Planning Services was submitted as Exhibit 65. Mr. Lind said the
equipment will be ordered and installed; however, the facility is bound by
the 2, 000 barrels per day limited in the Special Review Permit. If the
volume increases, Mr. Cervi will apply for an Amended Permit and
Certificate of Designation. Mr. Lind explained El Toro Management
indicated the equipment cannot be scaled down, and there would be no
financial savings if it could be. Operating at 2,000 barrels per day has
no effect on the equipment's efficiency. Mr. Lind stated once the
equipment is installed and operating capability is proven, then the
amended applications to increase the capacity will be submitted. He noted
the new equipment will result in the closure of all but one or two
evaporation ponds. The remaining ponds will be used either for irrigation
or drilling water, with the details to be submitted with the amendment.
Let the record reflect Chairman Harbert has now returned.
Mr. Lind said the stipulation has been approved by Mr. Cervi, and Gregory
Hobbs, Attorney, is working with the Attorney General so that the final
draft may be signed by July 9, 1993. He noted the equipment would not be
930582
Ptoo5 9 c c , rh_
RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI
PAGE 2
ordered until the stipulation is signed and asked the Board to consider
and review the replacement of equipment as a minor change to allow the
time schedule to take place. He reminded the Board there are daily
penalties if the stipulation is not adhered to. Mr. Lind said the
installation of the new equipment is not a wise economic decision to
handle only 2, 000 barrels per day because the cost is not decreased, and
Mr. Cervi is taking a great financial risk. Mr. Morrison stated for the
record copies of the stipulation have been presented to the Board and the
audience. In response to a question from Commissioner Kirkmeyer, Mr. Lind
indicated Mr. Hobbs is not anticipating problems from the review with the
Attorney General; however, he does not know what specifically is being
reviewed. He explained the revisions to the emissions permit are to allow
volume to be paralleled with the County. He reiterated there will be no
amendments to a level above 2,000 barrels per day until the equipment is
properly operating. Mr. Lind also explained the stipulation settles all
violations with a payment to date and daily penalties until the equipment
is installed and operating at a 15: 1 odor standard. John Pickle, Health
Department representative, stated he feels the 15: 1 standard is adequate
for this facility. He spoke with the State who indicated they are close
to settling the stipulation. Patty Deplazes, Eastern Plains Environmental
Service, said she is a certified nose and explained the procedure for
taking odor readings. There was further discussion about the
applicability of the 15:1 standard. Mr. Morrison said the State will make
a final ruling on August 20, 1993, concerning the standard if the
stipulation is not entered into before then. In response to questions
from the Board, Mr. Pickle indicated past violation readings have been
between 31:1 and 170: 1. Mr. Morrison explained the inspections are done
under contract with State guidelines, and the Special Review Permit
requires general compliance with other permits. He reiterated, on behalf
of Commissioner Kirkmeyer, the State will not authorize over 2,000 barrels
per day without County approval. Volume, emissions, and the odor standard
will be resolved at the State's August 20 hearing if the stipulation is
not previously approved. Mr. Lind explained the mishap of the 10,000
barrel per month limit in the emissions permit and reiterated that issue
is part of the stipulation. In response to questions from Commissioner
Hall, Mr. Lind reiterated only if the equipment is properly operating at
the 15: 1 standard and an amendment is approved by the County, will the
State approve 10,000 barrels per day or 300,000 barrels per month. In
reference to the draft, Mr. Morrison reiterated the portion concerning
approval of 10, 000 barrels per day by the County had been deleted, and it
now only addresses the installation of the equipment. In response to a
question from Commissioner Baxter, Mr. Lind indicated a facility in New
Mexico is using the treated water for irrigation. He said the potential
for drilling use was proposed just last week by the State Engineer and
noted the key is the removal of hydrocarbons and bacteria to avoid odor
and contamination. In response to questions from Chairman Harbert
concerning future violations, Mr. Morrison said the permit holder has the
right of appeal to the State for odor violations. Mr. Lind stated the
stipulation provides for enforcement through the District Court, which
considerably shortens the length of time. Keith Schuett, Planning
Department representative, said the County should review the proposed
equipment, and if the equipment is found to not be a material deviation,
the permit holder needs to be bound by additional requirements to remedy
any violations. Mr. Lind said the equipment does not need to be approved
by the County because the item concerning 10, 000 barrels per day was
removed from the stipulation and tied the County into the State, who is
looking for the County to agree to the installation of the new equipment.
Mr. Pickle reiterated the stipulation is close to agreement, and the Board
could approve the equipment as a minor change to remedy the odor without
affecting the stipulation. Mr. Lind noted the compliance schedule would
be delayed by not installing the equipment. Mr. Schuett questioned the
odor inspection procedures outlined in the stipulation concerning the
1,000-foot limit. After discussion, Mr. Schuett recommended that section
930582
RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI
PAGE 3
of the stipulation be reviewed. (Changed to Tape #93-24. ) Mr. Pickle
said a 500-foot limit was originally proposed, and the State raised it to
1,000 feet. He noted the Attorney General has not raised the issue;
however, he will bring it to the State's attention. Mr. Morrison said if
the Board finds it is not a material deviation to install the equipment,
the only issue is allowing the stipulation. Mr. Schuett said the
stipulation can proceed, but there are unanswered questions. He
reiterated the equipment still needs to be reviewed along with State input
and feels there is not enough information, at this time, for the Board to
decide whether it is a minor change. Mr. Morrison noted delaying
installation of the equipment will delay the time frame and start-up. Mr.
Schuett reiterated State Health input concerning the operation is needed,
and the plan covers only basic information, not all points. In response
to a question from Commissioner Hall, Mr. Schuett, Mr. Lind, and Ms.
Deplazes explained the process of the old versus the new equipment. To
avoid delay, Mr. Lind suggested adjourning until next Wednesday to provide
additional information to Mr. Schuett for review. Commissioner Kirkmeyer
suggested proceeding with the stipulation whether the Board agrees to the
minor change or not. There was discussion as to whether the minor change
needs to be determined by the Board or staff. Mr. Morrison said there are
already noted violations; therefore, staff has found material deviations.
However, the different system makes the matter more complicated.
Commissioner Webster moved to recess until 1:30 p.m. , and Commissioner
Kirkmeyer seconded the motion which carried unanimously.
Let the record reflect a recess was taken at this time.
Upon reconvening, Commissioner Hall moved the Board consider the two-stage
heater-treater equipment to not be a major change and not require an
amendment. The motion was seconded by Commissioner Webster. Commissioner
Hall clarified his motion for Mr. Schuett stating changing out the current
equipment with the new would not be a major change and not require an
amendment. Mr. Schuett asked if there would be no additional review on
the new equipment even though there are differences. In response to a
question from Commissioner Kirkmeyer, Mr. Schuett said he feels staff
review is necessary because there are unanswered questions concerning the
parameters of the water going in and out of the facility and the chemicals
to be used. After further discussion between staff and the Board, Mr.
Lind stated the preliminary design was submitted May 18, 1993, and the
final design was completed and submitted to State Health, Attorney
General, and Weld County Planning on June 10, 1993, and noted there have
been no comments nor questions received from Planning. Mr. Lind
indicated, for the record, Exhibit 55B is the final design from El Toro
Management Systems, Inc. , and Exhibit 55A is the odor abatement plan. Mr.
Schuett said he assumed the final design was for the larger quantities.
Mr. Lind reiterated it was the final design that was submitted on June 10,
1993. Mr. Pickle said the State Solid Waste Division has not completed
the review of the final design, and he also assumed the final design would
be with the increase of volume; therefore, he has not yet reviewed it
either. Mr. Schuett indicated the final design is incomplete and not
enough for review. He noted that Mr. Lind stated the equipment would not
be economically feasible at the lower volume. Commissioner Kirkmeyer
noted the letter notifying the new equipment would be installed at the
production level of 2,000 barrels per day was received yesterday, which
allowed only one day for review. Mr. Lind reiterated there were no
questions or comments received from the County, and the Attorney General
and State Air Quality have reviewed it. He stated there have been no
changes since May, at which time he submitted a letter requesting review
and approval. In response to a question from Commissioner Hall, Mr. Lind
said the applicant entered into an odor abatement program and provided
information to the County and State. Mr. Pickle confirmed an earlier
version of an odor plan had been approved. Mr. Morrison answered various
questions from the Board concerning responsibilities of administrative
930582
RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI
PAGE 4
review and approval. Mr. Schuett suggested the Board determine the
concept not be a material deviation, and allow staff additional review of
the fine details. Mr. Morrison confirmed such a determination may be a
good way to establish a base line to prevent future arguments. Chairman
Harbert recommended Commissioner Hall amend his motion to state the
concept of the new equipment would not be considered a material deviation,
subject to administrative review and approval. Mr. Lind said he would not
object to said language being incorporated into the motion and would
provide needed information by Monday. Mr. Schuett said any reasonable
Conditions of Approval and/or Development Standards could be identified
through the administrative review process. Mr. Lind stated that subject
could be addressed when the amended application is submitted and suggested
continuing to September 1, 1993, to allow for review by Planning and/or
Health, at which time an update of the status of the equipment could be
done. Mr. Schuett said he still has concerns as to whether the
administrative or hearing process is necessary. Mr. Lind suggested if an
agreement has not been reached prior to September 1, the hearing procedure
should be followed. Commissioner Kirkmeyer confirmed the determination
that there is not a material deviation is subject to review and approval
by Health and Planning staff. Commissioners Hall and Webster agreed to
amend said motion as stated. After a statement by Commissioner Webster
concerning the Board's objective, the motion carried unanimously. Upon
the decision of the Board to proceed with the violations of the Show Cause
Hearing, Mr. Lind noted there was no court reporter present and stated he
had submitted a written request for a court reporter because one is
necessary to preserve the record. Mr. Morrison explained the Clerk
incorrectly assumed a court reporter would be present because of the
continuance. Mr. Lind reiterated a court reporter is critical and
objected to proceeding with the hearing. Mr. Morrison noted the
inconvenience to all parties and potential problem if the case went to
court. He then read the provisions of the rules justifying a continuance
into the record. Commissioner Webster moved to continue said matter to
September 1, 1993, based on staff recommendation. Mr. Lind said he had no
objections to that date. Commissioner Kirkmeyer noted that date would
also allow time for the Air Quality ruling on August 20. In response to
a question from Commissioner Webster, Mr. Morrison said the first motion
allowed Mr. Cervi to proceed with installation of the new equipment and
reiterated the odor violation will not be finally determined until after
August 20. Commissioner Webster restated his motion to continue said
matter to September 1, 1993, at 10:00 a.m. Said motion was seconded by
Commissioner Baxter. Mr. Morrison suggested allowing public testimony on
the issue of the continuance only. James Gardner, Debi Sauer, Steve
Sauer, and Doris Fields, all surrounding property owners, spoke in
opposition of the continuance. Ms. Sauer also noted there is water in the
monitoring wells, which indicates the ponds are leaking. Mr. Pickle said
the water was cited after the probable cause hearing. Mr. Morrison
clarified that this matter was not properly noticed; therefore, it cannot
be used as evidence today. Commissioner Kirkmeyer suggested all
interested parties clear their calendars for September 1 and 2.
Commissioner Webster amended his motion to include both September 1 and 2,
1993. Chairman Harbert suggested having the hearing on Monday and
Tuesday, August 30 and 31, 1993, rather than Wednesday and Thursday. The
possibility of having a 5:00 p.m. hearing was also discussed. Mr. Lind
said there may be a problem obtaining a court reporter for an evening
hearing and feels it would be an inconvenience to all parties involved.
During his rebuttal, Mr. Lind stated this is not a ploy, as indicated
during public testimony, and they are merely trying to make this work with
the State and County. He also noted Mr. Cervi did not take this facility
over until 1990. Commissioners Webster and Baxter agreed to amend the
motion to continue said matter to August 30 and 31, 1993, at 10:00 a.m.
On roll-call vote, the motion carried three to two with Commissioner
Kirkmeyer and Chairman Harbert voting nay.
930582
RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI
PAGE 5
This Certification was approved on the 12th day of July, 1993.
APPROVED:
ATTES %��� BOARD OF COUNTY COMMISSIONERS
WEIA COUNTY, COLORADO
Weld County Clerk to the Board {/ Y
By: jG-L42-(9. -: Constance L. Harbert, Chairman
Deputy Clerk to the B
W. ebster, Pro-Tem
TAPE #93-23 and #93-24 S�L
eorge 27-Baxter.
DOCKET #93-22
Hall
PL0059
,la
Barbara J. Kirkme er
930582
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 7th DAY OF July 1993:
DOCKET II 93-44 - Special Review Permit, Edward and Betty Frank
DOCKET II 93-22 - Show Cause Hearing, Northern Colorado Brine, c/o Mike Cervi
DOCKET II
DOCKET #
PLEASE write or print your name legibly, your address and the DOCKET II (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS 1 HEARING ATTENDING
).?'L ?7 -icaC"k 'S'f l��'FL?' l-�'�`�AA/ . � ✓`
/) 9t er; Lc, r.A L5: � ylv,11'Ji ti ,/ J ''7
Ci"t /% /7 V l.'V �'/C J / / jaiihrt /� -- /
V 'L
(' I / /O&3J1 Lc;<' 2//://lei ) `�3
/ 0151c73 Eck C?— in. Iti v., 4 3 z z
e6; / o9 `i3Wc1L . Pi iI.. k i.9
- z
it* ao:-
HT&R ''1 :3038324465 JUL 01 ' 93 18 : 11 No .021 P .05
PRAFT
BRUISED 7-1-93
NORTHERN COLORADO BRIM;
V.
AIR POLLUTION CONTROL DIVISION
STIPULATION AND AGREEMENT
The following Stipulation and Agreement ("Agreement") is made
with regard to the Notices of violation, compliance orders and
civil penalty assessments issued by the Air Pollution Control
Division to Northern Colorado Brine on April 21, 1993 by Certified
Letter No. P 860 424 449 and Certified Letter No. P 860 424 448,
which were appealed by Northern Colorado Brine on May 4, 1993, and
February 18, 1993 to the Colorado Air Quality Control Commission
for hearing set for August 20, 1993 and all other notices of
violation, penalty assessments or compliance orders pending as of
the date of execution of this stipulation and agreement by the
parties thereto.
The Division and Northern Colorado Brine stipulate and agree
as follows:
1. The Notices, Orders and Penalty Assessments issued by the
Division contained in the above-identified Certified
Letters superseded any previous notices and orders issued
by the Division and/or the Weld County Health Department
with regard to odor violations at the Northern Colorado
Brine oil and gas brine water disposal and oil recovery
facility in Weld County, Colorado.
2. The Division's Notices, orders and Penalty Assessments
were timely appealed to the Air Quality Control
Commission (the "Commission") and were stayed for
enforcement purposes pending a hearing by the Commission
set for August 20, 1993, in accordance with the Colorado
JUL 1 ' 93 18: 12 3038324485 PRGE . 005
£ . dbL+ / 1 / 940056
HT&R 70 :3038324465 JUL 01 ' 93 18 : 12 No .021 P .06
Air Quality Control Act and the Colorado Administrative
Procedure Act. Among the issues raised in the Northern
Colorado Brine hearing request is whether the Weld County
Health Department and the Air Pollution Control Division
are applying the appropriate odor control standard to the
facility. Northern Colorado Brine contends that
Regulation No. 2 Section A. (3) (a)+(b) . (Best Practical
Control/ 127-1 Odor Standard) applies to the facility,
not Section A.2 15: 1 Odor Standard) .
3. Northern Colorado Brine withdraws its appeal to the
Commission regarding the order for compliance with the
15:1 standard of Regulation No. 2.A.2. subject to this
agreement first being executed by all the parties hereto.
The stay of enforcement pending review by the Air Quality
Commission shall expire upon the Commission's action in
vacating the hearing by signature of the Commission on
the last page of this agreement. Pursuant to S 25-7-
114.5(7) (a) (I), the Division agrees that it will not
unreasonably withhold approval of the pending application
of Northern Colorado Brine for a modified permit,
including the request to allow a production level up to
300,000 barrels per month, provided that, at a minimum,
a) Northern Colorado Brine demonstrates that approval of
any such request would not cause Northern Colorado
Brine's odor emissions to exceed the 15:1 standard of
regulation No. 2; and b) Northern Colorado Brine
supplements its emission permit modification application
with information concerning the odor control system
described in this agreement.
4. Without admitting that any violations of Colorado law or
regulations with regard to its facility have occurred,
Northern Colorado Brine accepts as final: a)
Nonhen Colon&Urine Stipulation
Page
JUL 1 ' 93 18: 12 3038324465 PRGE . 006
I / i _ 940056 'L
HT&R TD : 3038324465 JUL 01 '93 18 : 12 No .021 P .07
paragraphs 1 and 2 of the "Order" section of the Order
for Compliance dated February 1, 1993, and
b) paragraphs 1 aid 3 of the "Order" section of the Order
for Compliance', dated April 21, 1993, both of which order
compliance with the 15:1 standard of Regulation No. 2,
Section A.2.
Based on this stipulation, the Division will revise
emission permit 9OWE161 to reflect a production
limitation of 2,OOO barrels per day, the currently-
authorized Weld County special review permit production
level.
a. Northern Colorado Brine will order, construct,
install and operate the new water treatment and
odor emission control system identified in Appendix
A. Northern Colorado Brine will provide all
details requested by the Air Pollution Division,
concerning the water treatment and odor emission
control equipment to be installed at the facility.
The Compliance Schedule for construction and
operation of this system shall be as follows:
Final Design Completed ,0, 44:4t-1.:,2‘.i
Order. Placed for Treatment System a °
Commence Construction of
Treatment system M,.� Ptr r4* s
Complete Construction and Start-Up
of Treatment system 1 'F5 . 1
Final Compliance Inspection :04„..„4,q.. .11.:)
This schedule shall be automatically extended to
compensate for any delay caused by any entity of
Colorado or Weld County government in giving any
Northern Colorado Brine Stipulation
Papa
•
JUL 1 ' 93 18: 13 3038324465 PRGE . 007
1-17- 940056 3
HT8R ID :3038324465 JUL 01 '93 18 : 13 No .021 P .08
necessary approvals to install or operate the new
water treatment and odor emissions control
equipment proposed by Northern Colorado Brine.
b. Northern Colorado Brine will pay to the State of
Colorado, within 30 days of the execution of this
agreement by both parties, $7,000 as a penalty to
settle all violations of Regulation No. 2.A.2 . and
Emission Permit No. 90WE161, including those
alleged by Weld County and the Air Pollution
Control Division, existing on or before the
execution of this stipulation and agreement.
Northern Colorado Brine does not admit that the
violations occurred, but forgoes its right to
contest the alleged violations.
c. Northern Colorado Brine will pay $1,000 per
violation, with a maximum of one violation/one
penalty per day assessed against it, if the 15:1
odor standard of Regulation No. 2, Section A.2. is
exceeded by Northern Colorado Brine while the
compliance schedule set forth in paragraph .4(b)
above is in effect, or such extensions as are
provided in Paragraph No. 6 below. Violation of
the standard shall be documented by a certified air
quality odor inspector, through correct usage of
the Barneby-Cheney Scentometer inspection
procedure, outside but not farther than 1000 feet
from the property line of the Northern Colorado
Brine facility. The Division shall make reasonable
efforts to give prompt notice to Northern Colorado
Brine of each inspection and the readings
therefrom, so that Northern Colorado Brine will
have the opportunity to have its certified reader
Nora Colondo Brine Stipulation
Pap 4
JUL 1 '93 16: 13 3038324465 PRGE . 008
err
940056
HT&R ID: 3038324465 JUL 01 '93 18 : 13 No .021 P .09
perform reasonably contemporaneous readings.
Disputes regarding compliance by the Division or
• Northern Colorado Brine with the terms of this
agreement, including the Compliance Schedule set
forth in this agreement shall be heard and
determined by the Commission.
d. Northern Colorado Brine will operate and maintain
the existing emission control systems at the
facility, except for periods of temporary
malfunction or upset in accordance with the
regulations of the Commission, pending completion
and operation of the new water treatment and
emission control system.
e. operation and maintenance of the existing odor
emission control systems will occur in a manner
which will produce the best available performance
for those systems.
5. After the period of the Compliance Schedule has expired,
the "Order" sections of the Orders for Compliance dated
February 1, 1993 and April 21, 1993 ordering compliance
with the 15:1 standard of Regulation No. 2 shall continue
to operate in full force and effect, enforceable in a
court of law pursuant to any applicable authority,
including SS 25-7-121 and 25-7-122, C.R.S. If the
Division issues a revised emissions permit to Northern
Colorado Brine allowing production in excess of 2,000
barrels/day under paragraph 3 of this agreement, then
Northern Colorado Brine may produce in accordance with
such revised permit.
6. Northern Colorado Brine agrees to pay a stipulated
Northern Colorado Skint SIIpolatloa
Pete
JUL 1 '93 18: 14 3038324465 PAGE . 009
-7-Fr 940056 5
HT&R TD :3038324465 JUL 01 ' 93 18 : 14 No .021 P . 10
penalty of $1,000.00 for each day of production of the
facility after the final date specified in Paragraphs
4(a) , above, for which Northern Colorado Brine fails to
have the new water treatment and odor emission control
system completed and operating. Northern Colorado Brine
shall not be required to pay the stipulated penalty if
the reason for not completing and operating the new water
treatment and odor emission control system is due to
conditions or circumstances beyond Northern Colorado
Brine's control. Circumstances beyond Northern Colorado
Brine's control shall mean causes beyond the control and
without fault or negligence of Northern Colorado Brine,
which causes directly affect the implementation of the
new system, for which Northern Colorado Brine cannot
reasonably be held accountable and which could not
reasonably have been foreseen at the time of execution of
this stipulation. Such circumstances shall not include
financial or economic conditions, negligence, or
increased costs or expenses associated with completion of
the new system. Northern Colorado Brine shall notify the
Division in writing of any condition or circumstance
beyond its control that causes or is anticipated to cause
non-compliance with the Compliance Schedule. Such
notification shall be given no later than five business
days after Northern Colorado Brine knows or should have
known of such condition or circumstance. The
notification shall describe in detail the cause of the
non-compliance, the measures taken to prevent or minimize
the non-compliance, and the timetable by which those
measures will be implemented.. If Northern Colorado Brine
fails to comply with the notice requirements of this
paragraph, then it shall not be relieved of its
obligation to pay the stipulated penalty set forth in
this paragraph. The Division shall not withhold
Northam Colorado Bdn.Sdpolotion
Page 6
JUL I ' 93 18: 14 3038324465 PAGE . 010
7-r-" 340056
HT&R ID :3038324465 JUL 01 '93 18 : 14 No .021 P . 11
concurrence with a requested extension unless the
Division determines the request is unjustified due to
Northern Colorado Brine's failure to diligently pursue
completion and operation of the new water treatment and
order emissions control system by the dates stated in
this agreement, or any extension thereof under this
agreement.
7. The above terms shall constitute an enforceable
stipulation and agreement between and among the parties,
shall be filed with the Air Quality Control commission
for purposes of cancelling the hearing presently
scheduled before the Commission on August 20, 1993, shall
constitute a full and complete settlement of all matters
involving the Notices, Orders, and Penalty Assessments
issued by the Division and Weld County regarding
Regulation No. 2 and Emission Permit No. 90478161, and any
and all events and occurrences leading thereto, and shall
govern future disputes and proceedings as set forth
herein.
8. The parties agree that the venue for the enforcement of
this agreement shall be the District Court for weld
County.
9. This agreement is conditioned upon approval by the Air
Division and any necessary or required approval of the
Weld County Commissioners and the Waste Management
Division of the Colorado Department of Health with regard
to installation and operation of the new water treatment
and odor emission control equipment and shall become
effective upon its execution by the said parties.
Northern Colorado Brtae Sdpukdon
NV 7
•
JUL 1 ' 93 18: 15 3038324465 PAGE . 011
7 940056 .7
HTBR ID :3038324465 JUL 01 '93 18 : 15 No .021 P . 12
10. This stipulation shall be considered a final order of the
Division pursuant to S 25-7-115, C.R.S.
DATED this day of July, 1993.
FOR THE AIR QUALITY FOR NORTHERN COLORADO BRINE
CONTROL DIVISION
Director, Air Pollution President
Control Division Northern Colorado Brine
Assistant Attorney General Gregory J. Hobbs, Jr. , #`0009
Natural Resources Section Hobbs, Trout & Raley, P.C.
State of Colorado 1775 Sherman Street, Suite 1300
Denver, Colorado 80203
TELE: (303) 861-1963, Ext. 120
FAX : (303) 832-4465
Northern CobSo Brine Stipulation
Page g
JUL 1 '93 18: 15 3038324465 PAGE . 012
D 7Y 940056 8
HT&R ID :3038324465 JUL 01 '93 18 : 15 No .021 P . 13
ORDER OF THE AIR QUALITY CONTROL COMMISSION
In accordance with the above Stipulation, the hearing set for
August 20, 1993, is vacated.
DATED this day of , 1993.
Chairman
Northern Colorado Brine Stipulation
Page 9
JUL 1 '93 18: 15 3038324465 PRGE . 013
117
94005s
INSPECTION REPORT
DATE: July 6, 1993
CASE NUMBER: ZCH-97 and ZCH-98
USR NUMBER: USR-540
NAME: Northern Colorado Brine
c/o Mike Cervi
10600 Weld County Road 54
Milliken, CO 80543
LEGAL DESCRIPTION: Part of the NE4 of Section 26, and part of the NW4 of
Section 25, all in T5N, R67W of the 6th P.M. , Weld County,
Colorado.
LOCATION: Approximately 1 mile east of State Highway 257, south of and adjacent
to Weld County Road 54.
The property was inspected to determine compliance with Operation Standards 1,
3, 6, 7-A, 7-H, 7-I, 7-J, 8-A, 15, and 16. Theses standards were identified as
part of the Probable Cause hearing.
Operation Standard Number 1 states as follows:
The use shall be an oil and gas brine water disposal and oil recovery
facility as described in the submitted application materials. No hazardous
wastes or nonhazardous industrial waste shall be allowed at the site. The
facility shall be designed, constructed, and operated to comply with the
Colorado Department of Health Solid Wastes Disposal Sites and Facilities
Act, Title 30-20, Part 1, CRS 1973, as amended.
The inspection showed that the use of the property has not been limited to oil
and gas brine water disposal and oil recovery facility as described in the
submitted application materials.
Nonhazardous waste from Monfort and other facilities have not been
received at the facility after the noncompliance was identified. Prior
to this inspection, the use of the property was not limited to the oil
and gas disposal and oil recovery facility as described in the
submitted application materials. Nonhazardous waste from Monfort and
other facilities were been disposed of at this site.
No Frac tanks other than the two allowed on-site for pond skimming
were observed. Prior to this inspection the facility was used for oil
field equipment storage.
- No material other than brine water and approved waste have been
disposed of at the site after the noncompliance was identified. Prior
to this inspection materials other than brine water had been disposed
of at the facility. Receipt Numbers 40925 and 40862 indicate that
motor oil and other materials were disposed of at the facility.
cjkiAl Ales / ,J
940056
PROBABLE CAUSE, ZCH-97 ZCH-98
Northern Colorado Brine
Page 2
The depth of the pond "E" is being reduced, however, the depth is
still in excess of 5 foot. The depth of all ponds is not consistent
with the application materials. The pond depth is not to exceed 5
feet (30 inches for freeboard, 6 inches for salt accumulation, and 24
inches for brine water) .
Ponds A, B, C, and D meet the 30 inches of free board. Prior to this
inspection all Ponds were not maintained with the minimum freeboard of
30 inches. Freeboard is a part of the 5 foot pond depth from the top
of the pond liner (30 inches of freeboard, 6 inches of salt
accumulation, and 24 inches of brine water) .
The inspection showed that less than 2,000 barrels per day are being
received. Prior to this inspection the facility had accepted more
waste than it was designed for. The facility was designed for no more
than 2,000 barrels per day. The facility had received as much as
9,000 barrels of brine water in one day.
With less than 2,000 barrels per day received, the required 24 hour
retention time should be obtained. The facility was designed for a
retention time of 24 hours within the skim tanks prior to the release
into the ponds. Prior to this inspection the retention time of the
brine water had been as short as 4 to 6 hours with the amount of water
(9,000 barrels) that the facility has received.
- The inspection showed that appropriate records are being maintained
at this time. Prior to this inspection appropriate recorded had not
been maintained.
The inspection showed that the contaminated soils have been removed
from the site. Prior to this inspection contaminated soils had been
located on the property and not properly handled. Contaminated soils
were placed on the ground without any barrier or liner.
The inspection showed that the facility is still receiving more waste
than what was approved for emissions permit 90WE161.
Slight odors were observed during the inspection, these odors were not
as intensive as what was observed on past inspections. Prior to this
inspection the facility had been cited for odor violations (2.1.2 of
Solid Waste Regulations) .
£55 940056
PROBABLE CAUSE, ZCH-97 ZCH-98
Northern Colorado Brine
Page 3
Operation Standard Number 3 States:
There shall be one (1) point of ingress and egress to the facility from
Weld County Road 54. The point of access shall be located, designed and
constructed in accordance with the submitted application materials and Use
by Special Review Permit Plan Map.
Only one access was observed during this inspection. Prior to this
inspection more than one access to the facility was observed.
Operation Standard Number 6 states:
A six (6) foot chain link fence with three (3) strand barbed wire top shall
enclose the Use by Special Review area.
The inspection showed that the facility is enclosed with a (6) foot
chain link fence with three (3) strand barbed wire top.
Operation Standard Number 7-A states:
The four (4) evaporative ponds shall be engineer-designed and operated in
accordance with the submitted application materials and Use by Special
Review Permit Plan Map.
The inspection showed Pond "E" was not constructed in compliance with
the submitted application materials (30 inches for freeboard, 6 inches
for salt accumulation, and 24 inches for brine water) .
Operation Standard Number 7-H states:
A gauge height indicator shall be installed in the evaporation ponds. The
gauge must clearly indicate the depth of brine water waste.
The inspection showed that gauge height indicators have been
installed.
Operation Standard Number 7-I states:
The evaporation pond(s) shall be kept free and clear of oil skims.
The inspection showed that all ponds are not kept free and clear of
oil skims. Pond skim was observed on ponds B, C, D, and E.
SSS 9.40056
PROBABLE CAUSE, ZCH-97 ZCH-98
Northern Colorado Brine
Page 4
Operation Standard number 7-J states:
An aeration system shall be installed and operated on the four evaporative
ponds. In the event of an odor problem emanating from the ponds, an odor
abatement program shall be instituted.
The inspection showed that an approved aeration system has not been
installed on all ponds and a complete odor abatement program has not
been submitted for review. An aeration system and a sprayer/misting
system has been installed on all ponds. Prior to this inspection odor
violations had been issued by the Weld County Health Department.
Operation Standard Number 8-A states:
The dump and skim tanks shall be engineer-designed in accordance with the
submitted application materials and Use by Special Review Permit Plan Map.
The skim tanks are to be designed to have a minimum retention time of
24 hours. Due to the size and design of the existing skim facility,
and the amount of water received, the 24 hour retention time of the
brine water is being maintained. Prior to this inspection retention
time was as low as 4 to 6 hours due to the amount of brine water
received (9,000 barrels in one day) .
Operation Standard Number 15 states:
The Use by Special Review shall be limited to the plans shown hereon and
governed by the Standards as stated above and all applicable Weld County
Regulations. Any material deviations from the plans and/or Standards as
shown or stated above shall require the approval of an amendment of the
Permit by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans and/or Standards are
permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
The inspection showed that the Use by Special Review site has not been
limited to the plans shown and has not been maintained in compliance
with all applicable Weld County Regulations. The Use by Special
Review site is not in compliance with all Development Standards and
all applicable Weld County Regulations and amendments to the approved
plans have not been applied for.
940056 L
PROBABLE CAUSE, ZCH-97 ZCH-98
Northern Colorado Brine
Page 5
Operation Standard Number 16 states:
The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Standards. Noncompliance with
any of the above stated Standards may be reason for revocation of the
Permit by the Board of County Commissioners.
The inspection showed that the property owner and/or operator of this
operation has not maintained compliance with all operation standards.
940056 -
S'S'S
SOLID HASTE FACILITY INSPECTIC
(Surface Impoundments)
County t. P.;cl DATE 7 (c
Facility �nl CdletuLao X13 Located in
F,'n; ,.JL Incorporated Area
Location ID Ir u c(2 Y4 i;1.ll, kz. (K/
Current Operator uh "(�2Ncu4,e
Mailing Address of Operator e/6,c,C' UleR
Current Owner (If different) /Y)({«
Mailing Address of Owner ��Yv�
(All items checked must be explaind in supplemental report)
I• A. Public Health and/or Environmental Hazards
B. Evidence of Potential for (Serious) Surface Water Pollution
C. Evidence of Potential for (Serious) Groundwater Pollution
D. Sludge or Septic Pumpings Disposal on Site (Unauthorized)
E. Safety Hazards✓ F. Non-Compliance with Approved Design and Operation �1,S-f Ft\r cS._I "�`G`
✓ G. Structural Integrity of Dikes Questionable s.&u:i G'R�.It,LLC�
•
H. Records ,
I. Other �lyni > D.
* RE.tEDIAL ACTION REQUIRED ( . i?b LIB,,
II. Minimum Standards, CRS 30, 20-110 — (11tS tl act t'aytip £ N-9=
cfr
A. Odors and/or Vectors Present
uate Fencing I tCx
B. Inade
4 (to control access)
C. Not Designated and/or Improperly Zoned
D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not
Present)
E. Evidence of Minor Spills Around Disposal Area SK�wt C,b�.tt,�:. trt�S
F. Water/Liquid Surface Covered with oil(s) or scumPc-h)Q *Jlf < 17k' t�•-
G. Depth Gauges not Present and or Readible g j 1j < t% pr+:-i.1lT-
H. Pond Freeboard Level Exceeded. G c
�- I. Recommendations for Site Improvement 0 , 3 LZ/c (J�S_z,L-
J. Other
I -1 L 2'4, p .;_i_,t
-t�{ �
" "III. Remarks — C- tAi3tA 5Ki»�+1,
T,E Qe{J� k To yak 2tC t a«.-, f wrath)`c
,l t1{rr-rte Son t CM c USI2 Mush- Fv not l ,
-to rtFltoE— `rRt.S. L •
�r 6. Luck-1-p, Q ry 2i� A l�.l "�i)c ttrn 4,:� a; l.'S. �ltiS et\f_i.t t-c".0tUt t41),(.4_77(11 C-4 IIS� Y�Y�-`- ♦rf-111
-f h PCf 1hS. S f,-t- n Qu--Lf-t,
64- (1-rm.-.7,)--LA rke, ra ;14 S S rr to Lt T1
c,J,., . CLS ci �:,.Li /1- m 4�:,.\ l l 4t .yS 1b
O -
Z\., �l F I.'l f`j Fri C i l;St,
(Name) PRESENT AT INSPECTION (Representing)
/f (IKQ- C�zhv, AJ X
. .(� ctee j111, , / TT
•
t I .tv u c c t f-1 c_ek.
(WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY)
Ec liibti- exp. 940056 /
JUL- .2: ..- P. 02
•
SOLID WASTE FACILITY INSPECTION
(Surface Impoundments)
3
•
County ‘,1/4.) 6(„7:3 DATE :IT)!)! 6 2Qgj Located in
Facility Noei-Age4 ('otORh'Jo REv1/41E Incorporated Area
Location • pot, Op t,'C' r'Z 55S/
Current Operator Alma Kt. CttQZ
Mailing Address of Operator
Current Owner (If different)
Mailing Address of Owner o. £(X - , aia-c eO.10-4,
.a.arw>e...awn.a..r...na.arasvaa.a.a.a.a.aaaaP.aw+.w... falls ...-Mr...r...q nn
(All items checked must be explaind in supplemental report)
A. Public Health and/or Environmental Hazards
B. Evidence of Potential for (Serious) Surface Water Pollution
C. Evidence of Potential for (Serious) Groundwater Pollution
D. Sludge or Septic Pumpings Disposal on Site (Unauthorized)
E. Safety Hazards.__.. . ._..,. . . -
X F. Non—Compliance with Approved Design and Operation
X G. Structural Integrity of Dikes Questionable
H. Records
_ I. Other
* REMEDIAL ACTION REQUIRED
II. Minimum Standards, CRS 30, 20-110
A. Odors and/or Vectors Present
B. Inadequate Fencing (to control access)
C. Not Designated and/or Improperly Zoned
D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not
Present)
E. Evidence of Minor Spills Around Disposal Area
P. Water/Liquid Surface Covered with oil(s) or scum
G. Depth Gauges not Present and or Resdible
H. Pond Freeboard Level Exceeded. •
I. Recommendations for Site Improvement
J. Other
III. Remo cs `4 P ,�� f
w • �d
Z /r Po,‘ s i7 4i c;� Q� gnu onV n. S o -4sSR .
Z P Cnn�. •C'f cyavo-4;kn �7 e,1x.4_ L, Etas+ v
\' cam}\•.
•MOOS= _ r;rt
aaravaeraaa a-raa MI= soar_-arrraraaaaaraa aaaa.a am m...�
(Name)
PRESENT AT INSPECTION (Representing) vx:rk e
•
Inspection Engineer/Geologist R a &_t-
(WHITE COPY—FILE) (YELLOW COPY OPERATOR) (PINK COPY—COUNTY)
p940056_ 940056
Hello