Loading...
HomeMy WebLinkAbout930874.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING 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, then again continued to July 7, 1993, at which time said matter was again continued to August 30 and 31, 1993, at 10:00 a.m. , and WHEREAS, Mike Cervi is the owner of the facility located on property described as part of the NEI of Section 26 and part of the 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 on August 30, 1993, the Board deemed it advisable to continue said matter to November 17, 1993, based upon the recommendation of the Planning staff, to allow further review after November 1, 1993. 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 November 17, 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 30th day of August, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: WE COUNTY, COLORADO /0gAL Weld County Clerk to the Board Constance L. Harbert, Chairman BY: /l g&.) EXCUSED DATE OF SIGNING (AYE) Deputy Jerk to the Board W. H. ebster, Pro-Tem APPROVED AS TO FORM: George,e.- Baxt r ounty Attorn y � —Ba1eK. Hall arbara J. Kirkmey r 930874 pi_ c L1, 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 August 30, 1993, at 10:00 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, then again continued to July 7, 1993, at which time it was again continued to August 30 and 31, 1993, at 10:00 a.m. At the August 30, 1993 hearing, Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, said he inspected the site on August 27, 1993, and the aeration system was reviewed and approved by the Health Department on August 4. He indicated Planning staff's opinion is that issues are being or will be corrected and the operation will be in compliance with the State's stipulation and agreement and other agreements by November 1; therefore, said matter should be continued. Mr. Schuett indicated no violations have been found concerning the pending Air Quality Agreement. He also stated two ponds are dry, with the large pond going down approximately three-eights of an inch per day due to lack of production and the weather being conducive to evaporation. Chairman Harbert stated concerns about the liner cracking if the ponds are dry. Mr. Schuett said he would let Mr. Lind respond to Chairman Harbert's concern, and he responded to a question from Commissioner Kirkmeyer stating that, upon review of the records, there were 918 barrels received on August 26, 1993. Ken Lind, Attorney representing Northern Colorado Brine, gave an update on the status of operations. He said a full stipulation was entered into on July 30 concerning the air emissions permit, and an amended air emissions permit was submitted on August 12, which the State indicated is granted, thereby bringing the facility into compliance with the State concerning the 2,000 barrel-per-day limitation. Mr. Lind submitted said stipulation and agreement with the Air Pollution Control Division as Exhibit 100. He explained, for the record, that he started exhibits presented at today's hearing with the number "100". Mr. Morrison noted that Exhibit 100 is the same as Exhibit VVV already in the file. In reference to the agreement deadlines, Mr. Lind said the final design was completed in June, the equipment was ordered at the end of June, and construction for installation of the new equipment commenced the first week of July; therefore, all requirements were ahead of schedule. He indicated all new equipment is on site, and the building permit has been applied for and is in the final stage of review. As Exhibit 101, Mr. Lind submitted a list of questions, received from the Health Department on July 9, and responses, submitted on July 15, concerning the new heater- treater equipment. He said, upon the determination of the Health Department, a Design and Operation Plan was submitted on August 20 and 930874 C?C ; i�t' RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI PAGE 2 questions concerning same were received and responded to on August 27. Concerning the aeration and misting system, Mr. Lind submitted two letters, dated July 15, 1993, and August 4, 1993, from Trevor Jiricek of the Health Department. He said the aeration and misting system will be removed when the facility is updated with the new equipment, and an agreement has been made with the Health Department that no new equipment will be installed without County review and approval. However, it is anticipated such equipment will not be necessary. In regard to the odor abatement plan, Mr. Lind said several plans have been submitted and reviewed; the most recent being the two-tier bioremediation. He explained phase one, the bioremediation plan, was approved and went into effect immediately. It will be followed by phase two, the installation of the new equipment, which will complete the final phase of the odor abatement plan. Mr. Lind indicated the skimming program is used to remove skim at the surface. He noted there are two additional storage tanks on site temporarily, but the skim is almost non-existent since the bioremediation treatment began. In reference to the depth of Pond 4, aka Pond E, Mr. Lind referred to detail, diagrams, and letters from the engineer and County and State Health Departments. He explained the agreement entered into with the County requires Pond 4 to be brought down to 30 inches of freeboard and to remain at or below 30 inches unless a plan is reviewed and approved by the County. He submitted, as Exhibit 103, letters from the Health Department and Nelson Engineers as confirmation of the 30-inch freeboard height. Mr. Schuett clarified the pond would consist of no more than 6 inches of salt accumulation, 24 inches of brinewater, and 30 inches of freeboard. Mr. Lind indicated Vern Nelson, Nelson Engineers, said Mr. Schuett's clarification is correct and is part of the Design and Operations Plan. He explained the actual pond structure is more than five feet deep, but the freeboard will not exceed 30 inches of water. On behalf of the Board, Mr. Schuett reiterated the depth may consist of 6 inches of salt accumulation, 24 inches of brinewater, and 30 inches of freeboard, but may not exceed five feet. Mr. Lind explained the pond is still in evaporation status, with no water added since April 1, and review and erosion control matters being taken care of in an agreement with the Health Department. In response to a question from Mr. Schuett, Patty Deplazes, Eastern Plains Environmental Service, said the estimate was not yet completed concerning the rate of evaporation or how much longer it would be until the pond was down to 30 inches. Mr. Lind indicated the pond would be at or below 30 inches by November 1, and, in response to a question from Commissioner Kirkmeyer, Mr. Lind said the floor varies in depth from 3 to 5 feet. Mr. Schuett said it would be the responsibility of the engineer to show elevations. Mr. Lind confirmed pond depth would be shown in the plan to the County and indicated there are gauge height markers on all ponds. He reiterated, on behalf of Commissioner Webster, that an aeration and misting system plan would be submitted to the County for review and approval prior to installation; however, the need is not anticipated. In response to a question from Commissioner Hall, Mr. Lind said an agreement has been entered into with the County Health Department for review and inspection of Ponds 3a and 3b, which are being dried out. He explained Empire Labs and Nelson Engineers are in the process of inspection and coring tests, and, if the ponds are in compliance, they will be brought back into operation. In turn, another pond will be put into Ponds 3a and 3b and that pond will be tested. In response to questions from the Board, Mr. Lind said water haulers will take the water, if it meets the necessary requirements, and it may be used for irrigation if it meets irrigation quality standards. Mr. Lind said, in regard to continuing today's hearing, it may be beneficial to hear this matter after November 1, to include the State's status and allow review in final operation. He suggested November 17 or December 1 as continuance dates. Commissioner Baxter questioned whether the existing water with the bioremediation treatment would still be run through the other equipment. Mr. Lind said there would be no need to go through the new system, because the bioremediation treatment was better than expected. In response to questions from Chairman Harbert, John Pickle, Health Department representative, stated odor readings have been taken in response to complaints; however, there have been no violations in the interim period with the highest reading being 7: 1, which is not a violation. In response 930874 RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI PAGE 3 to another question from Chairman Harbert, Mr. Pickle said the smell could be noticeable from Highway 34 and not necessarily be in violation, depending on the variables. Mr. Schuett said he is not a certified nose; however, the intensity of odor has been greatly reduced, and the clarity of the water on the edges has increased, which indicates less bacteria. Mr. Pickle confirmed greater clarity would show a reduction in hydrocarbons, etc. , and said he had no further comments concerning the Design and Operation Plan other than those in his memo. In response to a question from Commissioner Webster, Mr. Lind reiterated he recommended continuing said matter to November 17 and indicated Mr. Nelson is available to give an update on Pond 3, if desired. Chairman Harbert recalled that two or three years ago when Mr. Cervi took over the facility, she understood that when the ponds were dry or shallow, the odor was more intense. Mr. Schuett said he did not recall that meeting; however, he walked into the dry pond and there was no odor. Mr. Nelson said Ponds 3a and 3b are vacant of brine water; however, they are not dry or they would crack. He explained there is 18 to 22 percent moisture which allows the ponds to remain stable. He mentioned, on behalf of previous comments by the Board, that he does not know whether they were dry in the past, but the current conditions of the material have been tested and there appears to be at least three inches of very good quality clay material. Mr. Nelson said they are expecting the permeability to be good, and, if there is leakage, then heavy equipment will be used to recompact the very adequate material to the optimum. He said this process will be continued throughout all the ponds, which will take quite a while. He said synthetic liners on slopes or in ponds will be considered if necessary to avoid cracking. He also explained the original Design and Operation Plan indicates the depth of the water allowable as being 24 inches of water and 6 inches of accumulated salt and/or sediment, which was based on a prediction over a 15-year period. Mr. Nelson noted Ponds 3 and 4 contained maybe one inch of salt and two inches near the entry, but on the average, less than one inch. In response to questions and concerns from Chairman Harbert, Mr. Nelson said he doubted the ponds were cleaned when Mr. Cervi took over, and indicated he expected four inches of sedimentation, based on the prediction, over ten years. He also said if it is determined conclusively the dikes are leaking, Mr. Cervi will guarantee installation of a synthetic liner. On behalf of Commissioner Harbert, Mr. Morrison said the Board may choose to hear public testimony; however, it is not required at a show cause hearing. Commissioner Kirkmeyer, in reference to Operation Standard #15, questioned Mr. Morrison as to why Mr. Lind feels review and approval of systems are not needed. Mr. Morrison said Weld County's position is that changes do require review. Mr. Lind clarified the existing system, pursuant to the operation standards, in his opinion, did not need review; it only needed to be installed. However the agreement with Weld County requires review and approval prior to installation of the new aeration system. In response to further questions from Mr. Schuett, Mr. Lind indicated the existing aeration system would be removed before November 1, depending on when the ponds are emptied of water. Commissioner Baxter stated the Planning staff's recommendation was to continue and review said matter after November 1; therefore, he moved to continue the Show Cause Hearing to consider the revocation of USR #540 issued to Northern Colorado Brine, c/o Mike Cervi, to November 17, 1993, at 10:00 a.m. Commissioner Webster seconded the motion, and Commissioner Kirkmeyer requested the depth of Pond E be determined by November 17, to show whether it is in compliance with Operation Standard #7a. The motion carried unanimously. Mr. Nelson intervened to relay Mr. Cervi's invitation to the Board to visit the site as soon as the construction for the new equipment is completed. In regard to the Board touring the facility, Mr. Morrison said all legalities must be followed by conduting a noticed tour, if testimony is to be taken, or a self-guided tour, if no testimony to be taken. Chairman Harbert said the Board would discuss the visit with legal counsel and thanked Mr. Cervi for the invitation. 930874 RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI PAGE 4 This Certification was approved on the 1st day of September, 1993. J �j APPROVED: ATTEST: �f,/� JJ BOARD OF COUNTY COMMISSIONERS 411, x","47 WEL COUNTY, COLORADO Weld County Clerk to the Board By: A, /� /y �jt/ Constance L. Harbert, Chairman Deputy jerk to the Board EXCUSED DATE OF APPROVAL W. H/Webster, Pro-Tem TAPE #93-29ef _ /gE 'Baxt r 7t DOCKET #93-22 Dale K. H 11 PL0059 jja 4.Y ca Cia/kv TBarbara J. Kirkmey -r 930874 SHOW CAUSE DATE: August 30, 1993 CASE NUMBER: ZCH-97 and ZCH-98 USR NUMBER: USR-540 PROPERTY OWNER 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. It is the opinion of the Department of Planning Services' staff that this request be continued. The issues of this Show Cause Hearing are being corrected or will be corrected by existing agreements. RUG 27 '93 10:05 F nil WELD CO TREASURER TO CENTr"VIAL BLDG PRGE.002i006 t1UlrLI-yj M1S1 tl.Ui r.UC MEMORAt1DUf 11 Wi p Keith 5chvett, W•C. Planning August 27. 1993 To oats JOfd)RAbO John S. Pickle, H•S.E.R., Director, Environmental Beal from Robiet Northern Colorado Brine, DER-540 Environmental Protection Services has reviewed all submitted materials regarding the El Toro Management Systems, Inc. water treatment and odor emission control system which will be installed at the Northern Colorado Brine facility. The following conditions are recmmended to be part of any apP 1) The use shall be an oil and gas brine water disposal and oil recovery facility as described in the submitted materials. only brine which occurs as the result of exploration and production of gas and oil wells shall be accepted for disposal at this facility. No hazardous wastes or non- hazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed and operated to comply with the Solid Wastes Disposal Sites and Facilities Act, Title 30-20, Part 1, CRS 1973, as amended. 2) The facility shall not operate nor install any type of bubbler, misting, or other type of aeration system. The design and operation of such a system must be approved by the Weld County Planning and Health Departments and the Solid Waste Division of the Colorado Department of stealth prior to construction. 3) All structures not on the facility prior to May 19, 1993, must be reviewed and approved by the local Fire District. Approvals must be submitted to the Weld County Health Department and Planning Department. 4) All necessary permits and approvals must be obtained from the Water Quality control Division of the Colorado Department of Health or the Colorado l fi Gas Commission prior to discharging or removing any processed off- site. 5) A responsible employee, trained to differentiate between brine water and other fluids, shall observe all disposal operations. 6) The disposal ponds on this facility shall be operated to maintain a mini of 30 inches of freeboard. Freeboard shall be measured from the top water surface to the top of the liner. Any deviation from the approved freeboard distance must be approved by the Weld County Health Department. 7) The facility shall comply with the Stipulation and Agreement with the Air Quality Control Commission signed July 30, 1993. 8) The facility shall consist of only those features and as described in the submitted materials. JSPIcs-1689 (J cn it AU6 27 1993 11 AUG 27 •93 06=09 Wifablep?t 1.BIBFRIRg 1 AUG 27 '93 10:05 F'"-'M WELD CO TREASURER TO CENTT ' 'IAL BLDG PAGE.003'00G INSPECTION REPORT DATE: August 27, 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 is being maintained in compliance at this time. Noncompliance of this standard in the past has been noted as follows. - 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. AUG 27 '93 10:06 F'' M WELD CO TREASURER TO CENT' NIAL BLDG PAGE.004/006 INSPECTION REPORT, 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, pond A and B are dry at this time. 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 ono 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. ▪ Slight odors were observed during the inspection, these odors were noc 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)_ 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. 3 AUG 27 '93 10:06 F^"IM WELD CO TREASURER TO CENT' VIAL BLDG PAGE.005i006 INSPECTION REPORT, ZCH-97 ZCH-98 Northern Colorado Brine Page 3 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 Hap. 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). The water level of this pond is greatly reduced and should be in compliance in the near future. 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 bean installed. Operation Standard Number 7-I states: The evaporation pond(s) shall be kept free and clear of oil skims. A small amount of pond skim was observed on pond C (the southwest pond). Prior Inspections showed that pond skim was present on ponds A, B, C, and D. 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. AUG 27 '93 10:06 Ff^M WELD CO TREASURER TO CENT' NIAL BLDG PAGE.006i006 INSPECTION REPORT, ZCH-97 ZCH-98 Northern Colorado Brine Page 4 • 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. The aeration system and the sprayer system is proposal to be removed after the new heater treater system is installed. 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. 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. ** TOTAL PAGE.005 ** 5 Hello