The URL can be used to link to this page

Browse Search

Home My WebLink About931599.tiff 7-kik rt-out& R_a@ P C " Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 Ext. 123 May 27, 1993 Board of County Commissioners Weld County 915-10th Street, P.O. Box 758 Greeley, Colorado 80632 Re: Amendment to Resolution Setting Show Cause Hearing on Central Weld Sanitary Landfill Dear Commissioners: We gratefully respond to your request for written comments concerning amendments to the resolution you adopted concerning the Show Cause hearing on the Central Weld Sanitary Landfill scheduled for October 13, 1993 . These comments are submitted on behalf of the Ashton-Daniels Neighborhood Association, a group of Weld County residents which includes landowners of property immediately adjacent to the landfill, namely the Telep, Hayes, and Daniels families. We request that the resolution be amended in three respects to provide as follows: 1) That the subject of the October 13, 1993, hearing is whether the Special Review Permit No. 116 and the Certificate of Designation dated October 6, 1971 for the Central Weld County Landfill should be revoked; thus, all matters of alleged violation of the Special Review Permit and all matters within the scope of C.R.S. 30-20-112 regarding revocation of a certificate of designation for a solid waste disposal site and facility will be heard. 2) That the Ashton-Daniels Neighborhood Association, and the Telep, Hayes, and Daniels families in their individual capacities, are recognized as parties to the revocation proceeding; and 3) That the certificate of designation for the facility is temporarily suspended under the authority of C.R.S. 30-20-112 pending decision by the Commissioners on revocation of the special review permit and certificate of designation. 931599 � C--X44 ICI /r (13ar-f / ) i -c 'LA Our three requests are supported by the record of the April 5, 1993, probable cause hearing. The original hearing transcript is hereby submitted as part of that record, and we ask you to review and refer to it in the course of amending your resolution regarding the October 13, 1993, hearing. SCOPE OF THE OCTOBER 13, 1993 HEARING AND PARTIES THERETO On April 5, 1993, the Commissioners held a full day probable cause hearing regarding the Central Weld Sanitary Landfill . The Ashton-Daniels Neighborhood Association, the Daniels family, and the Telep family appeared at the hearing, presenting 47 exhibits, a brief, and oral and written testimony, all of which is part of the record. Waste Management Inc. was granted extensive time to make its presentation, staff of the Weld County Health Department and the Colorado Health Department were heard, and any citizen wishing to make a comment was allowed to speak. The purpose of the April 5 hearing was to determine whether probable cause existed to revoke the special review permit and the certificate of designation for the Weld County Sanitary landfill . Under procedures of Weld County, a finding of probable cause results in a show cause hearing. Based on the record of the April 5 hearing, the Commissioners determined to issue a show cause order. The Show Cause order should issue to Waste Management Inc. and its subsidiary Waste Services, Inc. , and should clearly state that the subject matter of the hearing is for the owners and operators of the Central Weld Sanitary Landfill to show cause why Special Use Permit #116 and the October 6, 1993, Certificate of Designation should not be revoked. Having determined that probable cause exists, the subject matter of the show cause hearing is whether violations of the Special Use Permit and the Certificate of Designation have occurred; if so, then the Permit and Certificate must be revoked. C.R.S. 30-20-112 provides as follows: 30-20-112 . Revocation of certificate. The board of county commissioners, after reasonable notice and public hearing, shall temporarily suspend or revoke a certificate of designation that has been granted by it for failure of a site and facility to comply with all applicable laws, resolutions, and ordinances or to comply with the provisions of this part 1 or any rule or regulation adopted pursuant thereto. Accordingly, a solid waste disposal site and facility must comply with all requirements applicable to it . Violations of a number of applicable requirements were evidenced in the record of the April 5 hearing. Mr. Lee Morrison of the County Attorney' s 2 . 93106 Office, at the conclusion of that hearing advised the Commissioners as follows: "If you find probable cause today, that doesn' t assure that you will find grounds to revoke in the future. But what I 'm saying is, you don' t have to determine with finality the facts upon which you base your decision. You need to weigh them and say, Is there grounds to go forward? Are there enough facts that have been laid out to justify having a more complete hearing. " (Transcript 4/5/93 at p. 231, lines 16-24) . Commissioner Kirkmeyer, moved for a show cause hearing. The motion was approved after explicit discussion about information indicating violations of the special review permit and State Health Department regulations: "Ms. Kirkmeyer: I would move the Board of County Commissioners determine that there is probable cause and reasonable grounds to believe that facts exist that Central Weld County Landfill and its owner is not in compliance with SUP-116 . . . . (a discussion about scheduling ensued) "Ms. Kirkmeyer: I would add that to my motion, and schedule show cause hearing on October 13, 1993 . Mr. Webster: Second. Ms. Harbert: It ' s been moved by Barbara Kirkmeyer and seconded by Bill Webster to schedule a show cause hearing for October 13, 1993 . . . (a discussion about continuing the probable cause hearing rather than scheduling a show cause hearing ensued) "Ms. Kirkmeyer: I guess, to that, I would answer, not only has waste Management stated they feel there is a violation. Whether it ' s minor or they think it could be remedied, it ' s still a violation. Also, the Attorney General ' s letter of March 5, 1993, that concurs with the Colorado Department of Health that there is a violation of 2 . 1. 4 And our own Weld County Health Department also cited the operation for four violations that they still feel they are not in compliance with. " (Transcript 4/5/93, pp. 236-237, lines 22-25, 1; pp. 240-241, lines 20-25, 1-2; p. 242, lines 6-15) . (the roll call vote was then taken and the motion was approved) 3 . X321®64. The transcript of the April 5 hearing, see pertinent pages attached, contains a recitation of violations presented to the Commissioners by Mr. John Pickle of the Weld County Health Department. His evidence was that the facility is in violation based on the following: 1. No design and operations plan was submitted for the facility, nor was the approval of the Health Department obtained prior to commencing operations at the site, contrary to condition no. 1 of Special Review Permit resolution of October 6, 1971, and in violation of C.R.S. 30-20-103; 2 . The Central Weld Sanitary Landfill continues to operate in violation of C.R.S. 25-8-501 which requires a water pollution control discharge permit; 3. Groundwater has been contaminated by the landfill and the contamination has moved off site in violation of Sections 2 . 1. 1 and 2 . 1.4 of the State Department of Health' s Solid Waste Regulations and Section 3 . 11. 5 of the regulations of the Colorado Water Quality Control Commission; 4 . Solid waste has come into contact with groundwater at this site, resulting in a source of groundwater pollution and a public nuisance, also a violation of Section 2 . 1.4 of the State of Colorado Solid Waste Regulations. The Weld County Health Department concluded that "there are sufficient facts shown to justify proceeding with a Show Cause Hearing. " (Transcript 4/5/93, p. 18, lines 12-13) . As Commissioner Rirkmeyer correctly recollected, a witness for Waste Management Inc. admitted that solid waste had come into contact with groundwater and that water pollution had resulted, though the witness attempted to minimize the nature and extent of the violation: "Mr. Butler . .as a result of that contact, what we believe has occurred is limited volatile organic compound impacts in the shallow groundwater, as delineated in this overhead. . . " (Transcript 4/5/93 p. 40, lines 12-15) " . . .And what we found are basically four volatile organic compounds which exist in the shallow groundwater. . . " (Transcript 4/5/93 p. 42, lines 15-17) . Mr. Butler also stated that the levels of these compounds exceed the State of Colorado and Federal drinking water standards, though, again, he tried to minimize the violation: "Mr. Butler . .concentrations that we found are only slightly above, only slightly exceeding the State of Colorado and Federal drinking water standards. . . " (Transcript 4/5/93 p. 43 at 1-3) . 4. 9431.064 waste Management Inc. also admitted that the facility does not have a water pollution control discharge permit for its discharge from the underdrain and that pollutants, VOCs, are being discharged from a point source. These admissions were made on the record by Mr. Roy, Waste Management' s attorney, at pages 63-64 of the transcript, attached. Mr. Roy predicted that the permit would be granted. However, State and Federal law prohibit discharges of pollutants without a permit; no exception is made for discharges for which a permit application is pending. See C.R. S. 25-8-501 et. seq. In addition to the above violations, evidence presented at the hearing showed that the landfill is causing nuisance conditions to surrounding property owners, including the Daniels and the Hayes/Telep families. Causing nuisance conditions is a violation of Section 2 . 1 .4 of the State Department of Health Solid Waste Management regulations. The record contains evidence that the landfill causes noise pollution, air pollution, results in windblown debris and fires which trespass onto the property of others, causing loss of the use and enjoyment of property and affecting the health and welfare of citizens, as well as causing a safety hazard due to dump traffic. Please see the 4/5/93 Transcript at pages 114 to 118 . That these nuisance conditions exist and continue is evident from an occurrence of April 19, reported to Mr. Pickle (see letter of April 26, 1993 attached) . On that day "Yellow plastic, plastic bags, diapers, newspapers, invoices, junk mail, paper cups, lids, etc. " blew into the Daniels' fences, trees, irrigation ditches, and barrow pits. Waste Management, in correspondence to the Board by Mr. Roy, has attempted to limit the issues which can be heard at the October 13, 1993, hearing. He asserts that Waste Management is entitled to know the nature of the allegations being made as the basis for revocation of Special Review Permit #116 and the certificate of designation dated October 6, 1993 for the site and facility. Had the April 5, 1993, hearing not occurred, this assertion might have some credibility. However, the transcript of the hearing, the exhibits presented in connection with the hearing, and Waste Management' s own admissions, including those made by Mr. Roy concerning the lack of a discharge permit, clearly show that Waste Management has actual notice of the allegations against it which form the basis for revocation. However, it might be prudent in view of Waste Management' s attempt to limit the hearing to include a provision in the Show Cause resolution which states that: 5 . "All matters of alleged or potential violations which came to light in connection with the Commissioners' hearing of April 5, 1993, are included within the scope of the hearing of October 13, 1993, the purpose of which is to review evidence of violation of Special Review Permit #116 and Certificate of Designation #26 dated October 6, 1971 for the Central Weld Sanitary landfill, and to revoke the Special Review Permit and the Certificate of Designation if any such violations is found to exist or has occurred. The Commissioners will hear evidence offered by any interested person, party, or member of the public as to whether the Central Weld Sanitary Landfill is in violation of any applicable law, resolution, regulation, or ordinance. This hearing is being held under the authority of C.R.S. 30-20-112 and the land use and zoning authorities of Weld County. " We also request that the following language be included in the resolution regarding the Show Cause hearing: "The Ashton-Daniels Neighborhood Association and the Daniels, Hayes, and Telep families in their individual capacities are Recognized as Parties in Interest to the Hearing and shall have the same rights to be heard and present evidence as any other party." The record of the April 5 hearing demonstrates that the Ashton-Daniels Neighborhood Association and the Telep, Hayes and Daniels families are proper parties to the Show Cause hearing as neighboring property owners who are suffering health and welfare effects to their persons and damage to their property values. The Association and these persons are represented by counsel and are providing a valuable public benefit through their participation as well as defending their own property and personal rights . The Association and the Telep, Hayes and Daniels family are willing to have reasonable discovery conducted by Waste Management Inc. concerning their evidence and information, and they request reasonable rights of discovery as to the Central Weld County landfill . The County' s resolution following the April 5 hearing said that the Commissioners "shall hear evidence and testimony from all interested parties. " Waste Management has argued that the Ashton-Daniels Neighborhood Association and the Telep, Hayes and Daniels families are not parties to the October 13 hearing. Having presented their bona fide credentials at the April 5 hearing, and in light of C.R.S. 30-20-112 which provides for a "public hearing" , and in light of the fact that they are, and represent, adjacent property owners who suffer from the consequences of violations of law at the Central Weld Sanitary landfill, the Ashton-Daniels Neighborhood Association and the 6 . Telep, Hayes and Daniels families are entitled to be recognized and treated as interested parties to the revocation proceeding. IN LIGHT OF THE ADMITTED EVIDENCE OF VIOLATION OF STATE HEALTH DEPARTMENT REGULATIONS AND OTHER APPLICABLE LAW THE CERTIFICATE OF DESIGNATION FOR THE CENTRAL WELD COUNTY LANDFILL MUST BE TEMPORARILY SUSPENDED PENDING THE HEARING OF OCTOBER 13, 1993 Above we have recited the evidence of violation of applicable laws, resolutions, and regulations at the Central Weld County landfill . Some of these violations were admitted by Waste Management Inc. at the April 5 hearing, namely the contamination of groundwater and the lack of a water pollution discharge permit. C.R.S. 30-20-112 provides that the Commissioners, after reasonable notice and public hearing, shall temporarily suspend or revoke a certificate of designation for failure to comply with all applicable laws, resolutions, and regulations . This language is mandatory, not discretionary. The April 5 hearing occurred after reasonable notice and was a public hearing. The Legislature has provided that a facility in violation must have its certificate temporarily suspended or revoked. The October 13, 1993, proceeding is a show cause hearing on revocation. The temporary revocation provision of the statute covers a situation like the present one where admitted violations have occurred and a revocation proceeding is pending. Accordingly, we ask the Commission to make the following finding and issue the following order: "The Commissioners find that the Central Weld County Sanitary Landfill, based on admissions made by the owners, operators and their agents on April 5, 1993, in a noticed public hearing in front of this Commission, has caused the contamination of groundwater in violation of sections 2.1.1 and 2.1.4 of the State of Colorado's Solid Waste regulations and section 3.11.5 of the regulations of the Colorado Water Quality Control Commission and has discharged pollutants into State waters without a permit in violation of C.R.S. 25-8-501 et. seq. Accordingly, under the authority of C.R.S. 30-20-112, the Certificate of Designation dated October 6, 1971, issued by this Commission is hereby temporarily suspended pending hearing and decision on revocation of the Certificate and Special Review Permit #116 scheduled for October 13, 1993. " 7 . CU2,.oti . We thank the Commissioners for requesting the submittal of written comments, and we ask that you revise your resolution to include the provisions we set forth above. Dated this 27th day of May, 1993 Respectfully submitted Gregory J. Hobbs, Jr. Hobbs, Trout & Raley, P.C. Attorneys for Ashton- Daniels Neighborhood Association, Telep, Hayes and Daniels Families cc. Mr. Arthur Roy Mr. Gene Megyesy Mr. Lee Morrison Dr. Patricia Nolan 8 . t) n 1 26 April 1993 Mr. John Pickle Weld County Health Department 1517 16th Ave. Ct. Greeley, CO 80631 Dear Mr. Pickle, This is to confirm my complaint in writing concerning blowing dust and debris from the landfill on April 19, 1993, in the early afternoon. Yellow plastic, plastic bags, diapers, newspapers, invoices (from as far as Riverton, Wyoming) , junk mail, paper cups, lids, etc.--all "sticky and dirty"--lined our fences, landed in our trees, lined our irrigation ditches, and barrow pits. Debris was flying 50 feet in the air. Undoubtedly, not very many complaints were received by your office. Bear in mind, the neighbor to the east and the one directly south have a lot of cash to lose if they make waves. Their fences, fields and ditches were likewise "trashed out." That leaves us, when the wind is from the north, and concerned citizens who notice and care but are not being trashed out diroce.ly, to file a complaint. I personally got extremely nauseated and had to leave home. With the facility taking medical waste, contaminated soil, and household hazardous wastes, how do we know what contaminates are blowing through and around our property? The facility now has a "dream" of taking "SPECIAL WASTES" from all over the United States and Canada. I don't think there is a chance of our county approving this! If their absurd "dream" was approved and became an environmental nightmare, what air quality could we expect? How far does the air contamination go? This is an area of extreme winds. In the past five years, we have replaced three storm doors due to north winds, tin and shingles blow off buildings, storm windows are broken, and everything has to be tied down. Our son's 6 ft. plastic swimming pool flew 600 feet to the area of our well a few years ago! This area is not only unsuited for a landfill due to hydrology and ueolooy, but also due to wind patterns. "8.081 2 Please take this matter seriously, and provide adequate protection for the health and safety of Weld County citizens. We need to close and clean up this facility before any more damage is done to the environment. Sincerely, Madeline Daniels 23732 WCR 271/z Milliken, CO 80643 339-0629 cc: Governor Roy Romer Attorney General ' s Office Colorado Department of Health Weld County Commissioners Weld County Planning/Engineering Senator Hank Brown Senator Ben Nighthorse Campbell Representative Wayne Allard Mr. Don Bain Senator Thomas Norton Mr. Dave Owen City of Greeley City of Evans Town of Milliken -•4 Arthur 5. Rug June 4, 1993 Weld County Board of County Commissioners 915 Tenth Street Greeley, CO 80631 RE: Central Weld Sanitary Landfill Dear Commissioners: On behalf of Waste Management of Colorado, Inc. and Waste Services, Corp. , Inc. , n/k/a Waste Management Disposal Services of Colorado, Inc. , I acknowledge receipt of the "Notice of Public Hearing" dated May 17 , 1993, setting for public hearing a reconsideration of the form of resolution dated April 5, 1993 . The Weld County Commissioners held a probable cause hearing on April 5, 1993, pursuant to a public notice dated March 2, 1993 , which referred to the previous memorandum of February 22, 1993, from John Pickle (copy attached) . The memorandum outlined four alleged items of non-compliance. At that hearing, representatives of the County Department of Health ("CDH") , Waste Management Disposal Services of Colorado, Inc. ("WMDS") and Waste Management of Colorado, Inc. ("WMC") , introduced evidence and argument with respect to all of the four alleged items of noncompliance and the operation of the landfill. The complaining party, Weld County Health Department ("WCHD") presented evidence only on the four alleged items of noncompliance outlined in the Pickle memorandum. A citizen's group and neighboring property owners addressed the operation of the landfill and raised a wide variety of additional matters unrelated to the alleged violations. At that hearing, the Weld County Commissioners found probable cause to proceed to a show cause hearing on October 13, 1993 . The resolution stated that the issue to be heard at that hearing was whether the permit holder is in compliance with the following Condition of Approval: Condition of Approval No. 1 states: That any sanitary landfill to be installed shall be approved by the State Health Department. Subsequently on May 17, 1993, the Board of County Commissioners issued a Notice of Public Hearing for June 7, 1993, at 9:00 a.m. for reconsideration of the form of the resolution dated April 5, 1993 , regarding probable cause. According to the Notice only written argument will be considered. I request this letter be The Law Building - 1011 11th Avenue - P.O. Box 326 - Greeley, Colorado 80632 Q ,tOSi. tXh/ LL Telephone (303) 356-5400 - FAX (303) 356-1111 [°c ; FL, //ti, T ��/lJ/f /6, Weld County Board of County Commissioners June 4, 1993 Page 2 considered as written argument for the May 17, 1993 public hearing. Without admitting that the four items of alleged noncompliance would, if proved, constitute a violation of Condition Number 1 of the Special Use Permit, it is respectfully submitted that the Resolution of April 5, 1993 , accurately reflects the findings, discussion, and concerns of the Board of Commissioners expressed at the hearing held on that date. If, however, the Board of County Commissioners determines that its intent was broader than is reflected in the Resolution, then, it is respectfully submitted, the finding of probable cause must be limited to the four items of alleged noncompliance contained in the notice of hearing and referenced correspondence. Fairness and due process requirements dictate that the show cause hearing be limited to those issues identified in the notice for probable cause hearing. The Colorado Supreme Court has considered this issue. In City and County of Denver v. Eggert, 647 P.2d 216 (1981) , a case with several parallels to this proceeding the Colorado Supreme Court stated: Individual license or permit decisions involving adjudicative facts are subject to basic due process guarantees. Colorado Water Quality Control Commission v. Town of Frederick, Colo. , 641 P.2d 958 (1982) . The due process clause of the Colorado Constitution, Art. II, Sec 25, "requires at a minimum the same guarantees as those protected by the due process clause of the federal fourteenth amendment. " (citation omitted) . "The essence of due process is fundamental fairness. This embodies adequate advance notice and an opportunity to be heard prior to state action resulting in deprivation of a significant property interest. " (citations omitted) id. at 224. Any expansion of the show cause hearing to matters beyond the scope of the notice for the probable cause hearing would be contrary to the laws of the State of Colorado and would be a denial of due process. The Ashton-Daniels Neighborhood Association, ("ADNA") , through counsel, has subjected the Commissioners, WMS, WMDS, and counsel to a continuing barrage of correspondence and demands. Although beyond the scope of the notice of May 17, 1993 , many of these demands are repeated in the correspondence dated May 27, 1993 92106 Weld County Board of County Commissioners June 4, 1993 Page 3 responding to the notice of May 17, 1993 and, unfortunately must be answered. 1. First, and perhaps most outrageous, is the ADNA request that the amended notice, include, without specification, anything which came to light in the hearing held April 5, 1993 regardless of whether or not included in the notice of that hearing; and, in addition, the show cause hearing include "any evidence offered by any interested person, party, or member of the public as to whether the Central Weld Sanitary Landfill is in violation of any applicable law, resolution, regulation, or ordinance. " Such a notice, if issued, could lead to unnecessary and expensive litigation either prior to, or following, the hearing scheduled for October 13 , 1993 . The Commissioners cannot entertain evidence at the show cause hearing of any matters concerning which probable cause has not been found at the hearing of April 5, 1993; and probable cause cannot be found as to any matter not contained in the notice of that hearing. See, generally, City and County of Denver v. Eggert, supra. 2. The ADNA seeks to be made a "party in interest" along with specified individuals or groups of individuals with full rights to be heard and present evidence, and cross-examine witnesses There is no provision under any law, regulation or ordinance that applicable to this proceeding that provides for such status. The County's procedures for adjudicatory-type hearings, which includes the show cause hearing in this matter, clearly indicates that parties to the proceeding are the complaining Weld County Department and the person against whom a complaint is lodged. Consequently, the request of the ADNA and others to be made "parties in interest" is inappropriate, unnecessary and not provided for under applicable procedures. We, of course, recognize and do not object to arguments and statements to be made by the public at the show cause hearing provided that they are relevant and within the scope of the hearing notice. 3 . Thirdly, the ADNA seeks to have the Weld County Commissioners make suggested findings that violations have, in fact, occurred and, pursuant to C.R.S. 30-20-112 , temporarily suspend the Certificate of Designation and Special Review Permit. The Notice of Hearing makes no mention of any possible action with respect to the Certificate of Designation. C.R.S. 30-20-112 only permits the suspension or revocation of a Certificate of Weld County Board of County Commissioners June 4, 1993 Page 4 Designation after appropriate notice and public hearing. No such notice has been issued with respect to the Certificate of Designation. Therefore, it would be inappropriate for the Board to take any action on the Certificate of Designation as proposed by the ADNA. It would further be inappropriate for the Board, at this time, to make a finding that violations have occurred or to take the actions of the Special Use Permit proposed by the ADNA. Pursuant to County procedures, the Commissioners after a probable cause hearing may: 1) dismiss the case, 2) continue the case or 3) set the case for a formal show cause hearing. To enter an order, as requested by the ADNA would violate fundamental due process as the notice of hearing explicitly states that the purpose of the hearing is "to determine if probable cause exists to hold a hearing on revocation of SUP- 116: and that the action to be taken upon an adverse finding is that "the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Use Permit. " [Chuck Cunliffe letter of March 2, 1993] . Therefore, the action requested by the ADNA to suspend the Special Use Permit would be inappropriate. There are other and further misrepresentations of the law and fact in the correspondence from counsel for the ADNA too numerous to mention, certainly too numerous to respond to, and all well beyond the limited scope of the Notice of May 17, 1993 . Therefore no further response will be made at this time. It is requested that any finding of probable cause be limited to that contained in the Resolution of April 5, 1993; or that any additional findings of probable cause be limited to those alleged violations enumerated and described in the Notice of Hearing of March 2, 1993 . As stated above, the Board has three options at the conclusion of the probable cause hearing. If the Board feels that the resolution is improperly worded, it should modify the language to conform to one of the three options described above. Finally, it is further requested that the request of the ADNA for inclusion 931084. Weld County Board of County Commissioners June 4, 1993 Page 5 as a "party in interest", for unlimited and undefined expansion of the issues, and for temporary suspension of the Special Use Permit and Certificate of Designation either not be considered because it is beyond the scope of the Notice of May 17, 1993, or that the request is denied. Yours truly, -I,A_ (iLLn mc- i Arthur P. Roy Attorney at Law APR/elh pc: Waste Management of Colorado, Inc. Waste Services, Inc. Lee Morrison Eugene Megyesy Gregory J. Hobbs, Jr. :31,084i ,n. I '2 r June 6, 1993 Board of County Commissioners P. O. Box 758 Greeley, CO 80631 Gentlemen: A/ `b' This morning, June 6, 1993, I read in the Greeley Tribune where Waste Management had distributed its "Pay-Off" money to Art Garcia, Ella Marie Spomer Hayes of Saratoga, Wyo. , and Suzanne Spomer Stevens of Stove Prairie in the Buckhorn, Co. It was a bit of surprise because at the hearing on April 5th we were led to believe that that would be a happening contingent on the Commissioners ' decision as to whether Central Weld Landfill was revoked or permitted. Am I. right? I don't wish to quarrel with this; IF this land is used the way it's supposed to be used: For its dirt, only: ' However, we don't have much faith in the people we are dealing with! MONEY is the "object of affection" for both. Waste Management AND the Garcia-Spomer people: Although we have been approached by both Waste Management and the Kiernes to sell some of our land, the answer is "NO": I absolutely have too much respect for my community: If sub-marginal land that was purchased from Spomers is worth the over-premium price it was bought for - then I would say, "Wow, that whole area is a 'diamond in the rough' and definitely worth SAVING for better things ! " That DUMP has added nothing but traffic, pollution, noise and contamination. It is a BLIGHT on the community. It is time for our officials to be more discerning about the decisions they make: Quality of life -depends on these decisions. I feel Weld County has been targeted by a company that is not on the "Up n Up" - a sad commentary, indeed. Why would they threaten people of their jobs and offer ex-county officials jobs because it works in their favor. Their whole world revolves around greed and money, and they will stoop to anything. Even Londell Bunting was hurt by Waste Management tactics. Finally, he succumbed to Waste Management's wiley ways. These things should not be happening here in our county. You'd think this was Sicily or something: Exi7/h/ f / CC_ 91..01061 Board of County Commissioners June 6, 1993 Page -2- You commissioners have lots of power: May I just add this little thought for the day? "Character is made by what you stand for; Reputation by what you fall for. " Sincerely, _ Myrtle Knister Telep P.S. That Landfill is WRONG, and has been since its inception! It is an example of the power of the commissioners - two commissioners , and only two commissioners allowed that DUMP to be placed on that site - which they knew was bad for a dump! It was the Chairman of the Board who ignored ALL opposition in favor of his "bosom" friend who was needing a new site He was going to get that site - come "Hell or High Water". With the help of a very weak member of the Board - he got the job done. It was a very unpopular decision with the only happy people being the seven trash haulers and Earl Moffet - the "bosom" friend who wanted the site. Myrtle Knister Telep _ 2315 - 54th Avenue Greeley, CO 80634 931.06"! < rx . i7 Attorneys At Law 1775 Sherman Street•Suite 1300 h! Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 Ext. 123 June 16, 1993 Weld County Commissioners 915 10th St. , P.O. Box 758 Greeley, Colorado 80632 Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 80631 Weld County Planning Department 1400 N. 17th Avenue Greeley, Colorado 80631 In the Matter of Petition for a Probable Cause Hearing Regarding Temporary Suspension and Revocation of the Certificate of Designation, Dated October 6, 1971, for the Central Weld Sanitary Landfill The Hayes, Telep and Daniels families, and the Ashton-Daniels Neighborhood Association hereby petition the Commissioners of Weld County, the Weld County Planning Department, and the Weld County Health Department for a probable cause hearing decision and orders regarding suspension and revocation of the Certificate of Designaiton for the Central Weld Sanitary Landfill as follows: 1. To determine whether the Certificate of Designation for the Central Weld Sanitary Landfill dated October 6, 1971, should be temporarily suspended under the provisions of C.R.S. § 30-20-112; and 2 . To determine whether a show cause order should issue for revocation of the Certificate of Designation for the Central Weld Sanitary Landfill dated October 6, 1971, pursuant to the provisions of C.R.S. § 30-20-112. For purposes of this petition, the Hayes, Telep, and Daniels families and the Ashton-Daniels Neighborhood Association Exhibit (/'w-t 1 ) �:_c • cry, />L , f/L , I o cc_ 9 1061 incorporate the entire record of the proceedings which occurred in connection with the probable cause hearing on April 5, 1971, concerning the County's Special Review Permit for the Central Weld Landfill. On June 7 , 1993, the Commissioners ruled that the hearing on revocation of the Special Review Permit scheduled for october 13, 1993, will include the violations set forth by Mr. Pickle at the April 5, 1993 public hearing. The transcript of the April 5 hearing (see pertinent pages attached) and a memorandum of April 1, 1993, by Mr. Pickle to the Commissioners (attached) contain recitations of these violations, which can be summarized as follows: 1. No design and operations plan was submitted for the facility, nor was the approval of the Health Department obtained prior to commencing operations at the site, contrary to Condition No. 1 of Special Review Permit Resolution of October 6, 1971, and in violation of C.R. S. § 30-20-103; 2 . The Central Weld Sanitary Landfill continues to operate in violation of C.R. S. § 25-8-501 which requires a water pollution control discharge permit; 3 . Ground water has been contaminated by the landfill and the contamination has moved off-site in violation of Sections 2 . 1. 1 and 2. 1. 4 of the State Department of Health's Solid Waste Regulations and Section 3 . 11.5 of the regulations of the Colorado Water Quality Control Commission; 4. Solid waste has come into contact with ground water at this site, resulting in a source of ground water pollution and a public nuisance, also a violation of Section 2. 1. 4 of the State of Colorado Solid Waste Regulations. CERTIFICATE OF DESIGNATION SUSPENSION AND REVOCATION PROCEEDINGS SHOULD BE COMMENCED Condition No. 1 of the Special Review Permit dated October 6, 1971, issued by the Weld County Commissioners, contains the following condition: 1. That any sanitary landfill facility to be installed shall be approved by the State Department of Health. Resolution of October 6, 1971, Weld County Commissioners. Violation of this condition and state law and regulation 2 9 31061 violations identified by Mr. Pickle are matters under C.R.S. § 30- 20-112 which require temporary suspension and/or revocation of a Certificate of Designation. 30-20-112. Revocation of certificate. The Board of County Commissioners, after reasonable notice and public hearing, shall temporarily suspend or revoke a certificate of designation that has been granted by it for failure of a site and facility to comply with all applicable laws, resolutions and ordinances, or to comply with the provisions of this Part 1 or any rule or regulation adopted pursuant thereto. On April 5, 1993, the Commissioners held a full-day probable cause hearing regarding the Special Review Permit for the Central Weld Sanitary Landfill. The Ashton-Daniels Neighborhood Association and the Telep, Hayes and Daniels families appeared at the hearing, presenting 47 exhibits, a brief, and oral and written testimony, all of which is part of the record. Waste Management, Inc. was granted extensive time to make its presentation, staff of the Weld County Health Department and the Colorado Health Department were heard, and any citizen wishing to make a comment was allowed to speak. A witness for Waste Management, Inc. admitted that solid waste had come into contact with ground water and that water pollution had resulted, though the witness attempted to minimize the nature and extent of the violation: "Mr. Butler . . .as a result of that contact, what we believe has occurred is limited volatile organic compound impacts in the shallow ground water, as delineated in this overhead. . . " (Transcript 4/5/93 p. 40, lines 12-15 ) " . . .And what we found are basically four volatile organic compounds which exist in the shallow ground water . . . " (Transcript 4/5/93 p. 42, lines 15- 17) . Mr. Butler also stated that the levels of these compounds exceed the State of Colorado and Federal drinking water standards, though, again, he tried to minimize the violation: "Mr. Butler . . .concentrations that we found are only slightly above, only slightly exceeding the State of Colorado and Federal drinking water standards. . . " (Transcript 4/5/93 p. 43 at 1-3) . 3 921061 Waste Management, Inc. also admitted that the facility does not have a water pollution control discharge permit for its discharge from the underdrain and that pollutants are being discharged from a point source. These admissions were made on the record by Mr. Roy, Waste Management's attorney, at pages 63-64 of the transcript, attached. Mr. Roy predicted that the discharge permit would be granted. However, State and Federal law prohibit discharges of pollutants without a permit; no exception is made for discharges for which a permit application is pending. See C.R.S. 25-8-501 et. seq. In addition to the above violations, evidence presented at the April 5, 1993 probable cause hearing showed that the landfill is causing nuisance conditions to surrounding property owners, including the Daniels and the Hayes/ Telep families. Causing nuisance conditions is a violation of Section 2 . 1. 4 of the State Department of Health Solid Waste Management regulations and a violation of C.R.S. § 30-20-110(d) , (e) . The record contains evidence that the landfill causes noise pollution, air pollution, results in wind-blown debris and fires which trespass onto the property of others, causing loss of the use and enjoyment of property and affecting the health and welfare of citizens, as well as causing a safety hazard due to dump traffic. Please see the 4/5/93 Transcript at pages 114 to 118 . These nuisance conditions exist and continue to exist. Enclosed with this motion is a videotape made by the Michael Hayes family on April 13, 1993, showing blowing garbage flying through the air onto surrounding property. An occurrence of April 19 was reported to Mr. Pickle (see letter of April 26, 1993, attached) . On that day, "Yellow plastic, plastic bags, diapers, newspapers, invoices, junk mail, paper cups, lids, etc. " blew into the Daniels' fences, trees, irrigation ditches, and barrow pits. The Special Review Permit and Certificate of Designation should be suspended and revoked because of nuisance conditions caused by the landfill. Moreover, contaminated soil has been used as cover and "special waste:, " including asbestos, have deposited at the landfill in violation of C.R.S. § 30-20-110. Moreover, water pollution has occurred and will occur, proving that this site is unsuitable as a site for continued operation of a landfill. A central issue in the September 22, 1971, Certificate of Designation issuance hearing before the Weld County Commissioners was whether trash would contact ground water and cause water pollution. Residents of the area who had farmed for generations testified that the landfill could not be operated successfully at the site because of the high ground water table. The applicant's response was that it would be bound by the proposed rules being considered by the State Board of Health at that time 4 931061 which, when adopted, would require a design, engineering and operations plan, that trash would not contact ground water, and that water pollution would not occur at the site: "Also, the Department is required to develop and promulgate rules and regulations pertaining to the engineering design and operation. These are to be presented to the Board of Health at their regular meeting in October for adoption. " Hearing Transcript of September 22, 1971, p. 5 (Earl Moffat for the Applicant) "Well, Ralph, like I explained a while ago, we're so bound down and so tight now by regulations, supervised by qualified engineers of the State, Norm Parson, that, sure there's nothing there that we can do that would be, that will make, a problem. . . " Hearing Transcript of September 22, 1971 p. 7 (Earl Moffat for the Applicant) Orville Stoddard of the State Health Department assured the Commissioners and the public that if water pollution occurred, the operation would be shut down: "The important thing that we will be looking at, of course, is to make sure that water pollution does not occur from this operation in any way, shape or form. " Hearing Transcript of September 22, 1971 pp. 30-31 (Orville Stoddard for State Department of Health) After hearing these representations, the Weld County Commissioners included Condition No. 1 of the Special Review Permit Resolution of October 6, 1971, which required State Health Department approval of a design, engineering, and operations plan before operations were to commence at the site. However, the owners and operators of the Central Weld County landfill did not receive the approval of the Health Department prior to commencing operations at the site. In a letter to Kent Hanson of September 18, 1992, Austin Buckingham of the State Department of Health stated that: 5 92106 +. "To the Division's knowledge, no design or operations plan has ever been developed for the landfill, nor are any plans of this nature contained in the Division files. " Letter of Austin Buckingham to Kent Hanson, September 18, 1992, p. 2 Under C.R.S. § 30-20-112, the violation of a county resolution, State Health Department regulations, and other applicable laws, and causing nuisance conditions, are grounds for a Certificate of Designation revocation hearing. IN LIGHT OF THE ADMITTED EVIDENCE OF VIOLATION OF STATE HEALTH DEPARTMENT REGULATIONS AND OTHER APPLICABLE LAW, THE CERTIFICATE OF DESIGNATION FOR THE CENTRAL WELD COUNTY LANDFILL MUST BE TEMPORARILY SUSPENDED PENDING THE HEARING OF OCTOBER 13, 1993, AND SHOULD BE NOTICED FOR SUSPENSION IN CONNECTION WITH NOTICING A PROBABLE CAUSE HEARING ON A CERTIFICATE OF DESIGNATION REVOCATION. Above, we have summarized evidence regarding violations at the Central Weld County Landfill. Some of these violations were admitted by Waste Management, Inc. at the April 5, 1993, hearing, namely the contamination of ground water and the lack of a water pollution discharge permit. C.R. S. § 30-20-112 provides that the Commissioners, after reasonable notice and public hearing, shall temporarily suspend or revoke a Certificate of Designation for failure to comply with all applicable laws, resolutions, and regulations. The temporary revocation provision of the statute covers a situation, like the present one, where violations have occurred and have been admitted or proved. Accordingly, we ask the Commission to notice a probable cause hearing on suspension and revocation of the Certificate of Designation. We suggest that the following language be included in such a notice: "The Commissioners have received evidence and admissions by the owners and operators that the Central Weld County Sanitary Landfill has caused the contamination of ground water in violation of Sections 2. 1. 1 and 2 . 1.4 of the State of Colorado's Solid Waste regulations, and Section 3. 11. 5 of the regulations of the Colorado Water Quality Control Commission, and has discharged pollutants into state waters without a permit in violation of C.R.S. § 25-8- 501 et. seq. Accordingly, under the authority of C.R.S. § 30-20-112, the Commission at a probable cause hearing on revocation of the Certificate of Designation dated October 6, 1971, for the Central Weld Sanitary Landfill will determine whether the Certificate of 6 92,1.061 Designation should be temporarily suspended and whether a show cause hearing should be held to revoke the Certificate of Designation. The probable cause hearing will be held on (insert date) . CONCLUSION Accordingly, the Telep, Hayes and Daniels families request that a probable cause hearing be held on revocation of the Certificate of Designation and that the Certificate of Designation be temporarily suspended based on the admissions made by the owners and operators of the Central Weld Sanitary Landfill and other evidence of record. Respectfully submitted, Gregory J. Hobbs, Jr. Hobbs, Trout & Raley, P.C. 1775 Sherman Street, Suite 1300 Denver, Colorado 80203 TELE: (303 ) 861-1963, Ext. 123 FAX: (303 ) 832-4465 Attorneys for Ashton-Daniels Neighborhood Association and Telep, Hayes and Daniels families 7 S 21061 • 423 Public Improvements 30-20-113 reset, if necessary, the fee limitation established in subsection (1) of this section. (3) All fees collected pursuant to subsection (1) of this section shall be transmitted to the state treasurer, who shall credit the same to the sludge management program fund, which fund is hereby created. The moneys in such fund shall be subject to annual appropriation to the department by the general assembly, which shall review expenditures of such moneys to assure that they are used to accomplish the purposes of this section. Any interest earned on moneys in the fund shall remain in the fund to be used for purposes of this section. Source: L. 86, p. 1042, § 1. 30-20-111. Departments to render assistance. The department and local health departments shall render technical advice and services to owners and operators of solid wastes disposal sites and facilities and to municipalities and counties in order to assure that appropriate measures are being taken to protect the public health, safety, and welfare. In addition, the department has the duty to coordinate the solid wastes program under this part 1 with all other programs within the department and with the other agencies of state and local government which are concerned with solid wastes disposal. Source: L. 67 P. 761. 4 1 • R S 1961 4 36-23-12- L. 71, p. 344, § 12. 30-20-112. Revocation of certificate. The board of county commissioners, after reasonable notice and public hearing, shall temporarily suspend or revoke a certificate of designation that has been granted by it for failure of a site and facility to comply with all applicable laws, resolutions, and ordi- nances or to comply with the provisions of this part 1 or any rule or regulation adopted pursuant thereto. Sour . 7, p. 761, § 13; C.R.S. 1963, § 36-23-13; L. 71, p. 344, § 13� Quasi-judicial action must be preceded by Proper notice of quasi-judicial agency action reasonable notice. Under the solid wastes act must reasonably describe the subject matter of 14 § 30-20-101 through 30.20.116), quasi-judi- the hearing,any charges to be considered,and cial action by county commissioners must be the action contemplated. City & County of preceded by reasonable notice.City&County Denver v.Eggert.647 P.2d 216(Colo. 1982). of Denver v.Eggert,647 P.2d 216(Colo. 1982). 30.20-113. Enforcement - civil penalty. (1) Any solid wastes disposal site and facility found to be abandoned or that is operated, maintained, inactive, or closed in a manner so as to violate any of the provisions of this part 1 or any rule or regulation adopted pursuant thereto shall be deemed a public nuisance, and such violation may be enjoined by a district court of competent jurisdiction in any action brought by the department, the board of county commissioners of the county wherein the violation occurred, or the governing body of the municipality wherein the violation occurred. (2) Disposal of solid waste at a location other than a site designated for such use by a county or municipality is a violation of this part 1, unless other- wise exempted by this part 1 or unless the person is disposing of his own 92106;1 tn :aU q .� U G .� N .G. L G 7 C 'J .� L . J _ G .I.-- � � r N° roc w °' tw ''' .0 0 3 c a � ce _ o .. c .-, .0 ^E E u a E ._ E = m c • u 4) N o.9 a a 0 G _ 'o .... L -- u eO: a N a -0 •,,.J o - •.an U E N C .- — = CC...- ❑ .7 U OL N'° C U •U 0 t t L .� C C L cc C '7 U "" enc N U cd 7E 'O pL y t > U 7 E •YO >, N F a U L w a. en O -° .c..7.1° - > v- O •O T O c6 I C U N M a. o c E u°1 v a u 2 = N c u c u c c `- c o — z 0j 0 30 .7 = c.E N l �, '-s •- u ar 7 •`N .- L a c o opt ow C. ° Ntt u co 6. u — E c s u Q•-- u — o N sou ' c o '� aci s a'- °J ° a 2 row o C E E .7 u c A _ 04 E - L L >,c., cdE u A, N c0 w t L a) u v ` .a)- L 'U s t ' vy 3 c - hoc . a.� � c 2 ° > c a� o a EL) ,, c ---d .= -au 't a l - ° o '_ V CA L U o a) U O O '7 9 ., 'O C C MO C C .... A 'E " > v N 0, C N t C N C c"' • L at •y Lw- a-' m coo aJ L T V L "" C O1 N E a C•co L U C c c u =s N ow c u c o a C Q 3o c c � u c ° T 'C "a" .- o -- 3 u c 'v l > E •c_ >.— 4)'m C '�w '- .y-- H O 3 C '> C. .7 cn r0 ° C .E 'Uan C'e corn u O « N co 3 a) cd co..-u ,7.. E.vi L.1:cG td a) �- L. N u 00 G4 L U O O u O W .0 — N L N >-.-c c N U 'E ' y j tic. w 7 �7,. u c N.E , c 0.) .�' U s c = a c— •7 r1 F �o p .°0 2� a 'D t ��. 7 J .Ca 0 -u.. 04 0 ° M U N U L ae ^— _m -. c .° .a) — 0 — E O C 4 ra t pet N ` N a, >, 3 u w° -S Lw° 0 09 ,, 70 ro - s ° z cu 7 0 E c ro o , N c ° ba ' c c u 'oc c c °t w N -> E •v ° - o " - L c E c o 3 -D c i •c••- row a .h_ y .� m G ° t .!' c u p C v •p us C C rKj u s o, o•y m to ac •N 0 °O) 3 cd o _LW .C " "" c >.=d al . N c — u U c etO it o Ncw Nom =' •N .E " ro e 3 O v cn O .° 6. , •7 O O O 't t t 00 O t L a °` R co .t O° '= L .E 'v o o-0 3 y fd N N 0 ° c u U 6. = 4) .0 a y `� cO' o ^: fI ° ' -- 4-'i - L 04 N •D L a CI O U C a-• uc y,- N ru 'co '.. U w O id t N u c 3 v o E u ° a ac c v ° a y N c e E ° cLc — ° a c w c o w o N E u ° o - o E E 7 E o - E � Ea) E '- E " t c ° o � ' � _ r° o ut o .- = cm - 0J "u O � � o i. 0.- L c �' a� tutu L, 3 " " 4- c c 3 - o o E E c .7 c c ≥ i or Leo R L o y •O w 3 .. G N U N u O 7 L T y • ',go =o c N D. U O - O v, C O cd '.. .= �- 04 w = ° vawcvuL ° 3s ^ - : �`yo � ut a3N ° oa �� - N w Nc._ ct 7 .Ec L O L O N ° u 7 c u w « •-. N L O C - D O ro `. .7 Cr .T. N G C • a ° L 7 ca n ° o 0 o Nr :: N d c �! E N in m ° o c N ° u L N u u u N 0 E — 0 1 u L c0' U ° t u _ ItC — S'].,9 °' N Q O a.- c t0. 3 'u ° ° E' 0 O' 04L � O ,.� el ` p L vc c L L L el ;..,.� O c •4- u O '7 E C ° 7 L L w L, n'� CI.7 t ..l F O c, ,c 0. .. V L C U .7 mot L 7' 'fl cn a) L .. 0 a) CL N, U .7 v' 7 W t t > c y 0 r ti 7 u 'J C .7 �n >.. C o N of 0 .0 ° o c oF" 3 cdF W N y L• E o .. N 0t 0 N cZ' U J ¢ G .o - _ m Cc =°.m' .� roc o Top 0 a).-c0 3 �L �z, �s, o ad u c a .m can :: E � L �= � v � �ww. p '"0 al s cu'w .- 7 3 'H N t3 00 m 04 c 2 'N ! o / I .0.04 N � - _0 — -oro 0 C m cd y .� .C G C .C L C = C 0 O .c.� m E e t u0 c t N cd .`mr -- >. c .d •- c ea c E to 0 a Wti G U vi L C `� .= G vii t G, a) L - 0 L o C cd N 7 U U co . v (C .2 C >.y- = 00 y 7 ,_ O K, — • 0 G T O C > ,.,>• a C > N °. w U G = .> ° U U w' m °U w o N t c at a) DA_ a C N w° a-j e > 'u h u — > - CO d " 3 E c c v '— m 3 E o cc =bo 04 w v — C cm 04 O 7 •_ tT. — «O M L N O G E L - U O -- n. M C _ O O > y w 0 M 7 C Cd N 0 a N U L. C E "L>' M u t o 0 t c•.c t « Cl, N T c s o .7 'E E > > o c a F � coac .Nco a o_ uaco cu u ❑ L �1 CC la - d TrS .n a•= t .n .� c0 a ,° 7 «. cd :y c; t cd cy cd in .. ro v N t o u - a. o a c -a u 0 >..r o c s ° u w o c ° E z;- N t N .N L.. O E ._. •U u an N O ' a a) •_ -- ..• a U O. .. .Go` `� E G u o .-. "� 0 L - O L E L E 7 w u N' i- L E .a `T O v w 3 oc 3 c .° ap cp E ca cNd >, 4.) ° �`z c " 6. 0 ° c E 'du =u 70 °° > c L >. G9 aCu `7 •- o yCEba R '° UOp°pCV C � .� 004 9 �ro R .0. t O O C t M 'V C ca - •r in C E 7 O .� U L m 3 ti an N ,N N O U C a) '° ri w N O .V o W w E T L 0 U 6' T u w M v . a) 0 o ° 6.) > L L 0 0 N ° CO cm C .� E t N C, 7 .`" 04 cd L T'- N t H cc E h 2, c y .Nw o .4 ' ccc ut:_ C E '- ` g o c " '� •E^ "a ='- t L w h G :ti .N.. ca.. C .a., - E. D O C .° O iCI' .a_. T O L w N w ° .N w O t N > -r"..m y O N 0 'c u LU 7 m N W '0 04 G.� 00E '� ca T O C o c - rd t >. ° a) G7 a = y p 57 L. ax` Lo � '� _ � � 'eo R'` � 3 .cc L `N°. " 0 0) 0 .; c •0 ctc c4 � -0 - m w° e . >, o -4 N C O U J. U G a) t N G _ •.. 3 O cc .C _ " « o cN0 U -,. ; v m p � . U - o O ° G' E O - y °C cC3 r o u '_ V 4; 7 3 N •p ,7 -c ' L O u N -- N oo .vv a 3 :a to 0 C 7 L N N 'C, w '°° 0 a = O t ..°' 'O co C t >. U O > L G 3 .� w. 1 a U y p c .= U cd L t Y L E L.., C - h u5 c err 4-1 d C G O t N >`-- N C L v °' u p a CtC « .O _ O a) N 4? �O v, .o '° L O - au CCN TOu .O tA0 i td 04 C U ° y U . a > a) cd C 0 . v 9 1!J T > c O , 7 u y.- ,� m Q, c r+ cd o cd a a p m - co 4, L • c- C. y T y G C a O > E cd o v v - •-•Oo u u ac Ou : 03 bcLu oL u a a. > �' y ..7 Q ." 22 C.E 0d � G' °- u = � =.. 0 =D .D.E � duo Li r; a .0 o � �L � c o.0 cc,), � ` v n ca b •O ri u a'- u v, 7 C L U t\ A 'J C .� C U .j 00 ON c C N y G O> c C C C L. _ . u � . m IL 3y � v � t ° e dmy 2 � e70c.5 " L co 0.5E 0 ,z'`3 N n. N T MC C 7 "LT D vi L d L N R .L.. O .. r Y. N > C Q O G. >., C .-- N " ¢ O G L m :4, u,O 1 O ° . cc ° r ° ° •7 ''7 — c.- C O m u C aLi v vi c o 2 O w > 'C c --.... O C `u °3 c M = M __ U u n cal U V. M .: > ,O t 3 , U) M a L N - ° <d O U U G = o — cd w >. Li; L L - •L ❑ 0 — a u N C N G y 3 ✓; >. 'sIOS t 0 c 3 0 . c 3 N _ 'y� - 7 aM - a ._ a ._ - .,, = r • ...i - —.. ^ 0. ; — 0 r O 0 = v - rr. C J G C G " j C u 0.C m 0. C 0n — c C v c. E .U U n v ,,. - 3 E .r v oz v M co: z v w. c v r u p O N c � ni u ` -n •-' G o pL70 CL Vi 4. E V L •N L .v C ^ a `_ 'D O 0 ^" u,10 0 '- o Lc - L _ c -° 0Ea uo = 0 v E a°. co Acv >v oo7 ° - D - co '- cz H G. O 0 _E m O L. � L o0.'n 0. rn ° -,- .0 ❑U rn• ;u yam:_ ' ,n c p p O ,`• '� .p C C Q ., R .� .C E - . v — m c L co -3 a C L 0. t o U N y '� v im`. E �. _ L L v v L U U •_R v 'O v O v `' m >' L '�' d 9 ry C• G v L O .v.. _ y a v U v .0 0. > a L •- -0 v y .-. C O L O >. -L '.: v R ._ p O .. - L O Cr —" L0 C .c p v, L C •_ .l, C v. v y R ._ 0 U V L N c c. m O 'Ov U a m c s' .e a 0.) v ,d h ° o W_r 3 E •° __ v R G. ❑ r h v R ° o d • o E y L a co a _ _• u o 0 •r ° .o .a3 v v 3 '� " C N ° r_1 O-o s, v L, 73 -o r .J tata -0 c =an •v "J ^ >` a :n w E'H b a E .C-i 0 L L N O — L 3 — en u-C C 0 N y 0 L.- v U L s w .- L 0 L v .- ° " U .v. COL' O ^ v c0 O0 CO C • — i° oh >. R V = = 0 .- -' 00 ,� ^. u " -.u. '� v: v aJ _U .E �v, '" ti N b c M a N '5. g. .".1 y L R C U U C u , u Leooc A > •pa� °' 3 .c m s° 0 N - 00.av ¢ ° v a'-, 00E co a Lv. '- Lv4 mRR Lvv G3 w, UC ,n .UL VL o > V G I) .• -00. a = .E 6,71 —, 0. 37R 'C L •yRd4, cor n. gvv0 >. v � Eocov C L a c• U 0. R co U v R •C R C v rn F"' R L 0. O M E z r Q R C C _C U '> *a O '� L U .T.• R O v R . O R 3 v V •C = 3 v a y R C L v E L L O C R v; 0 3 — _ _ •_ `= t L •u L " m ^J E U L L — . L ` C > U v v, R .'L 'D U - L t a co U R .E a,••.1 v - G O Cd C v >, C > o .- v 72, C U C > O R `" U1 a m"aa -�-N u p Cl) U C JL C � .� .C L L O v y ,n E. a! t."—�' = .o �_ '> C ._ — . - al. ..C GL yv. S R — _ 3 0 � c,D o -vo .aw 00 di •nom U d Li 3 � U d =,r •L'u — HI> o o v m y c c ro 770o` c = � row - v � � c — � s w` o ov > ° .. t35.`�0 � c � o i.Eo3 � ... c u uw w, 3 L y °1 U O cc: O.L an m.a < v >,V R Rv c � >, v h a v � y '.C.. .:';L v v .. C - a) 0 C cl G .- cm R ° E u-�° o U e L R O C, L R C M L L `JRL N vCN U .C .- t w CO v • ipLo w, = L='v, .N UR0C C033Ea Ecso - �o EsR4L .DL3 - uwv v .= - vo.. �a E � Lo� .go �;vLy i, E r. L ,� .., E .- i� m •p.o `O •3 C r u o o g 3 v `O s E'o ry y o o v O.- L - v m y v .o CO v L -. p v e y >,s r` E no E c a, u o c '> R sv id >,= CO ° € L v d Co-• •0 o s c o ,n = O _i N > v cL c v c••• a > R > a °cave o ❑ cz > — .? a u up `G� sc A o,cGoro r C °— = Ec ° °� >>9 `c a°AUc4, u `;.• c0 U v L E v O C v E. v v; „0 ,_ „ 0 ,0r-: "ii O c c r w p L N R O 'C •' O C w. v � �' v, RE '2 .-a ww c`d OH Q. ,NL >, DO Cy �R. Ov n '.vv'._Lumen OR0 C6- CnUO C4 , O -0 . E R U G Q .= E 7 'd v o0 y U ^ 'O 'z- 7 avi v a cd 6i ^' c R c ` G ai :o °E T w .n >' C v et O . V E p C COL. RL. L •O m L O O p v v V v O U R O .C u u o °a ", 'C v r7 u N nCCLv vt O NLRv .._iL0 p N ` v cny Y .larv.o.pm cvd coo G.0 .gip N 0o v 7. R0 CCE V] O — L 0. O O O O 01 1) 7 na u'ac w v v ac." v a_0 v O te1 N Ca.c p m -. c ✓1 en -,•• v h CO V' vm`a vO eta 17u v•_Ri.� E '9.N.,u o L O R .. L R cd R L R C R i°:'E a o COo O O M .E, OU c h 3 iiiviiio _ vw c � s Iflutlal ° ,- 24 A fl14Q4 HI = `vim C u co^ o sCI E c c CROR vL vyvEG 0 '- 7 H , U C U U U C E • pc • m > •ev e"' N 0 -• vv o 0 s U o v U 0 00 v U0. •'C L v 0 ' cd L R C y 0 d L L v ' N 0 U ,i, o v CO L AEG C o Gc ° pv � v 3cL° adn oz �: •v © EEa4v°„ 0 et O' pc. G E E c E, s y 0 = ° v 5 :: .°L o r.• v v 0 0 ° R v t h pa) v N•- vsp. 4, o p 3 n 'o z c C C J a L o sv C ' - R "7 C U ≥e E R °-) ° 7'. .F. O T I' E o •-1 ,i o R °.' ai ° y ~ v w � � = rc -0° o .v o wvU Loy ; 9a .0 2 •c E °uH °� .C ° E R >,C C u v, R R • 3 9 v 9 L ri; Gc° y9 C. o ` - o f = 0.�.w c S m^ o a" o v ° ML c u � L an y c U 'e] `J ° ' - R u p•O U 0. ,o [E3 N CO L h. c a C 0 O tC • ao = G — oc ro cc • RRRN :o u, a - v ' 3 'o aHvpp .. v >� U ti L v L v R d L S ti C C; R L� y CD re' v y.- > ❑ > v b 01- -10 Q •- � v h E o = o w ° o d o '- a ¢ y � o o Gv ys a` v G v, R O >, — G •.,0 0 L R cr.o 3 p y '� 0 :IL.. ° L c I L a.L .�' .. a L . y o v R 3 aGi U c °°0 0 0 u c c+;vii " _, o — .c i s . 7..$;- :=1 v_'`L_ _ ou•p o E t L v y v o R o o.c v ._ vC M c , v a c v o °° to L .7 v ._ -COQ R 3 Q. L w 0 v Cr l o at O L LO C 0 O N w -• ^ T oo cd a too u •~ C v - 0.4_ C' E t G cc N R L .2 0 O - O , E c -c n.L >, N a 3 v] P. ._ , w V 11:••- a•D h.. N U t E G J L. r v ec C U 00 OA R U -• R U N 0 - 0 h ,-.. O p R. 0. & > 44. .-, 35 t v Lh R . O •O y 0 r u L ._ • .o c ctii mo ^ L c v e 4 css o c� ..7 v ed R " c c ccd R aci _I 3 r v L C '3.O w v O 03 0 R C 3 Q > u v •O v ° w Cu O L vrO ,h � 03 RR CO 0 A.-1 , 7t =. R 0 . GC ...C CL �' OTr v . U C R " O Lt. L p en y y._ M G Pi) C cd R m C •O C nl v r; Q C w C E d v L coCra U V,` V. O L 00 3 -. E c v D o R N 0 0-- o0 � ° n' 0009 t L .E C O C �^.o0 o_ o L •O vL w v 'N � •t O9 e C , 00 c d E C a•- . R a w U O U U 0. •- co: °_ >,m .C. ` C L •C v en c — '— c o f R U 0. •- Ow GL c ❑ .a c y . R o E - ° a- v ._ E ' .= = 3 ° '� s °33 - ,`. ° v `v ,vnc � act 0. Naci :3s = rte 0000 us° G ,R, •- , >,L.. 3 o c c o ^O v c c `; c ,,- h cvi v,.E 0.) c o .o c o L -.7- 0, 5 -co L v V o .` v o no y v C, C 0 0 a. L v o 0. R y V o c) L R > ` N O v 6-'2 u o 00«. o gi U .-, u_ c R � _� � c a=i = o y.5 '> o a>> -- L m rowsar �v -.3 v av '� •- ohC !I. c c R v o E4. v o R71'` .cEv >, .dUCLRCv C 'O .QR >�C L w O LLO •C •w ;d T ,i, L v, cO. .. v J- 7R4v. s ,d°n ,GO a3 - _ s = L •a C c Es d .o U 3s t C . av o ° s a o = 'v c °: 9 viso Dos v a) 4° c a°i E ? Rr , = vL_ RRRE _ovG •naE.E .E >,- v a 2 := c a do "� of ccuos L ` th Ev o `_ ' aa°iw _ R o 'o R c 7 ❑ > v •- = c R c .=n: y 'a vs c �c c v c o v •o 3 0., -a, o E .E �ame auc . E4' now N ° E °U 7Q.E u pG, T o c `� v 3 p RO] t o L 3 � n t E v o_ v � •� � L a72 Et C a >.'Csc aLi ac.; von . = > : $ N - R I00 a �, a - ca -�v ct > a y CL c yL vs a °iL_o °•v 'c `✓L vi ad o D > aQ o E b � c c a= = L R _ . o > R _ 0 5 v 3 C .o o e e UV a or; e" 0 y e o v v a :r R r a) r v; > s c�i s E c o. R 'D ,n .. R u c c cd w Ti: v .E = r7) tot EE . 931061 7 0 0 e•.. O .G G L -• 'a O is 7 G C 0 w .— O > O U O c.O — C c — N u - o A 3 > 3- h u y a a' 7 o ° a a= . c a H 0 Y a — w -,'0 ctim .. ca c co redL. v w uuwG R'C.Ew aca w w v) ..C O o v: C h b9 O ca L °w O u — u U W F• 'o O •O •D > p y q t-a 0 v, 0 0.K.— > >. •O .� s c6.� •:,'— s c �d c 7 v v 3 m'C ° 0, 'C CO 0' h H c. E ECE �a 'o•a .'.' cca tei u - '- Euv; ca • >. T a .. C3cnb <aA 0 c _.0 cau � awv ba en .o `- '" a �_�.-> a'v ac,:E 0 cu ca ° a .0(/) a'E oa .... 7o o .-,..>. _' V as C 0 0 cy 6 E " s o '? o 7.r., 'o ou ca= > > =I. — c cc. w ,- '' cn a c 'v, E C., 0'CA. V) c .° h as A O .G. 7 uL C C 'a 'aC 0 ,AG - caea.� v,71 Az — c,CO , E ,_ 10 .- Ha'E H CGX7 7 0 � u� um �._ > pGvv0 370 .c 050 003oo .. .a 0 2. = EtcEcaw O ,_ oaD 7 ti > °A v '-'C E y 'a v, 3 ca ti �. C O G a Y pi, a ,n " p 'O .= 0 ° C ..Oogca �'y E7 y ! NH•7H Cw9 ODo C •° OC4 .G. ° '° ° A b a .° C••° F ,., on 0. y �'o.E °' ;?.a0.Y a' LaiE3L . .� cy .� 0 C ° co_a . ... cr Eyaa :: o`u c '- s .° u c v ,. G .v. E E v - u c 3 •E y' 7 E E v ' v ti c 7 o c 7 r'L O v v .' h U — '4 'O 7 0 O ca A L w C U oA .. E 0" c N u R .. p — ca E. c c u .v_ vv, >` o7ca �a� Nv 3 wLvo 3 `° ` v ° v ca u — o C6) 0 3 ur v, c � A Oqw cc. z O ,_ 0.E 5•— 0 u cCa u u _b 3 A 3 q u cE C oaD° 0 i N o 'a 'a > a U-a '� U b ca U E C, >,G C u u'D u. 06 0 G v, w w E q u rn A o y'o. R�: N a_ JD O .= `—' v-- O C o o b 0 a ,.t' a C _ 0 3 'T; u v O L O E 'a 7 " 2 U O E L.. .- 7 Q C d ° E a 0 y c U T- Y .0 >ThK 9 w u > T� >, U U wO Y ti K ca vA'^ E r .. �a u.— a ,�.= u p 'O C G —_ G r 'a _ G a- - 0 ,-. 0 Ou ` rn 7CO .u, row •o FG. o'V`'c— oww u5u OM • ° uat-- uc '.C.. a. E ° --.. C — C 0 •O F ual ad — .T+ .-1 ....15 .. E o u r 7 u C = O` v w C v w Q E L O 0 .u. C G .V 'F 'a TO [a eAj, V, 1.. Uif, A 0 tz0 >-. Ca ' GC u C � ca v'.. y . � roG �' C °3Km °.r mom ° N 0 N ._v, � � 7•U 7 A �. W O E.- 7 'O ° a 0 C U u .. c ea -.=... E. Lil ea 0 C N 0 ea �2 p a� a COT-. o.7--. U E o C 4^ H E�"' YO u y w u " A co" u A y � u �. a h c 'a Y0• a) u U bs3 06. , 0a � .0 savI7. ooa 7 .. q -• cc A O 5.,.;E ca v L v'^ E C p v a o A 0 U.7 u u o c ca cO E m i. u w •O 7 a D .D cc « 3 u c 0 H EO A c" u U ti w c H tat , � 6 w0 r .` ° � u,� ° N b 7 v, u C 7 q u of,ca V) E 7 E a•, G ad cC 2 ° >. 7 ca O t v' �? O A o\ p a y .0 0 u v' O N is.: aJ L G c ur p� C : 3 0 y .p V u.a .. O ti is t. O 7 G w ,_ v ca L. `~n 7 L'° E .= '� -. a v E u Cs cum O o _'u a Lbw oA 3 3w= 3 v`a cb o'� ° ° G ° ° o c � '0 c y aw E 7 > E m•.7 w ° 3 A ... Ca.J y 0 a 0 �u 0 G •O ° U •o u 0 v , > u 0 0 -...0 cca 0 v ca m u 20 w q G°9 v- ti 0 -' .. b G s cu ei% u U C 7 v c3.-_ ea > ^ E N 7 G E Q a . T 0 0 G vui m _T CI A � so°nQ � , .7 ° Cm G •ct vaFs � c .7 � 7 � ° a0 ,.. u.' Ev �u. � �wANL v ^ = ,_ - s c7 Qyp.�•-7, °s E °a ` Y O '/.,-, p• v,'vE � L E '° NLu � y .2.� - « a 0.0 C ,7L xao CC.Oc. A c or, v E'' 3 u E u o °1 o v v •o ;dLF _ C cu,- Q' r 7 o u eaF. - �, f- _ � ,- Q 1-, °) >,.C u 0 c a O .O a 0.7 O N �6 C . C C m K G a O cv C V) R U q 7 0, t aA C C4. > a, c.,) GA .- Uj M a cu.,.�-� °U G as m -. •— — — a " C E o m a,o,o^Av, .- y �-^ ca m O A0 ,O v .. 70 v 7 � m0C@.c w,0 " T. L 7 `. 7 `. TL 7 C 'y T �--i �- T"0 N-- •...W s z os ...-, 0 3 3 /'�v\A caw o : v v .— v, ro v 0 to C7 u, 'r, o 00 v) .-. � v v C T 1u V .� 'O ca y >` p C, : c.3 cu E,V G �y.G L.. v' ° v.� � .« 7 Ira ° � ca v cd '- oo A L C O 'O > C — •, b v �' .. A v, v t- o u '0 _ N C ° u .N ca 7 Ct O a C E c - v ca N C •.- O G t'"• C O m.. u - - ° 1,+ s-' m caA .. O m— ca0. p V O e u ca— c- r. E is A a'a v' y 0. A °> A w °� °� u O p. u R'.". .Cn C en 7 3 a u 0 s w :r u � P"„ e b .. 3 m a ° 72 .0C1= 57 .0 v '- c.�`�- a o a.E w e `° ca — N h R C O 0 ca•a •a C O O y E Ou GD v.._ u u °''^ w 'O T a co .. 0 0 c9 •o u.° —• a 0-- 3 v,b a b e .O G o4A p -a c z is_. .c° .. u o c U .N ->. 0,, o G ° O M .. c C 0 „ p,'C . G ca v, ,O 7 Lu.- u c >. G E c 0.C 0 et .V b '7d A r u a- cn-6 c ca ° C1-1 uE � • c > = >, 3 h _ 'a > o caEca _aoEala — L) ap ' — u o.❑ Y s ,° A c O ca O •- v, u O� a H 7 C u a G ..r •C •v, C >'w C Ec3 � � cau OA ea y ., E 0 .. asICuwcE .c ° ,° Pv.aba` ccaa._ 0cCAv '+- O v c a cd 7 C u Y C C ro �.•• u 0E ca o n a ` u G 3 L q p O u v p ... .� L .a . 3 v u a .“. .� ca u C a K b rn v a. .y •O G u .. C u p u u C G cos A 7 Ct - 22 .„ 1-• = .K ca ., v K — u'> c-30 .0-0 L - o.7 u 7 u v p .? b ca 0 7 'd v `" w L'O .� 3 v q ca C O s o 7 0. op-. cy u u ca .. E > m 'niaY " •�., � a) "- 'Cr, 'o ,r"o °'3v aiGa3i �.:c' v � � yo. c0EKm _' . o � p, U ° > au. v C- .. > h C C C .Y b o••- v, v E u... a'> w P. a.- 2. .r. a C Ou 0 m 'u0 b u a--• G u 0 w a. a u a b c 'O i...:•,- 'u0 A C w ° c 0 ca >' -0,° o °,_ - • — - r Cw �.� a 3� III GE �° ob °s. � b " 0 7 a E 8 ° .7 0 _ ^ b K C T ° G 7 0 G `r CAA 0. c.., C a 2, 7, O �' C ... a.�'� y ca L.M A R C b O oA 0'v' « aw a E O IA b •a 0 1C. a, u 7 b 0 u 7 0. a C v m y... u O v u c v G ... O a q C, G u C O H w y U >-. E L`'- a m 7 kin b O 7 ..>2. E m u a 'u0 c�i N �= ≤a — .o v L C 7 "' O u y A0 c a rn .,., c v, K >. p;Y E ..5, . 4 ., 0 0oa C rn.7>w ca ea ..07 a uas .� L 7 00 6 o 'C7 7 u w v, u p 'C q.. CL) L _ a a, ,� :: .. 0 C — 'O is u v N E z C ° ,� > ch o A c 'C C.. v YG •nEuE0 dc ° amo ° .E0. utv.� a.6. o aavtu >. vo 'o • 1 uGc. E,� E ca.0 „,..- 0 c '°' ON b O � i3 d 6 cuui o,o � ca p 1' C o ° c a•a p as C p O � � 0 .7 3 �o y a o 0 C - C4r oo0= ,-1 C h .. u L u P v .. O ..'- .. C, G T..• y'o > u ca E c v o'- G - ou a b o a s u 100 E ou el o c a o a,^y a u .7 v p v 7 •O u b. o >.-;.= •O ii Pau T >T 't ° G 0 0 cc v b C A E - .G v N �.— C E L m u m y m 'O C Ct o C o.E 0 L u v' e0u C Oa act .u. `- m •'00 L y .K. a a�i G ca o a3 > .O A .O•E a ccn ct ..—ci..), v,'E ° .G- 7 u y c•-z, 04.E —' 0.7.7 s m0T a7 rin 7u ° uGu_ °—'a .� Gu 'a m«. eaG > � y Ow .•• A R � 7 > � ca A v cawA'C ca r C .. O O o .-. L c C O 'O ^ A p•C .. ° G .7'- a'C 3 7 ouo R 's .TA3 'a o c 3 ` C Kca a.F 7 v .� Goova ❑ ,°n isNGv, q °'•a°, E6. Cc 3 o u h 0-'C- C 7 u w o u is p w v _ E a N v' b • a,'^ a ca C TL u G..-. u C Ti .c. `n .. W co E C 0 2 u •0 ," C O 'O c ,a a C co Y O N c., :� A A u 0 p 'O u yw Av, ON=� 'C � v, AOyalu'a 'O ;n > O .6bo. °C, 0.'G ° 0 ,- .auE .c > ca LcCap .. .. "., yL - EOL u VI c 'v � voow � o w .a � 0c � c0a- ° v07au'«. 00- a.� OF. > Uhcb3L ...N � `aODai ° 0 'ct0 p, ° ^ N� � Q7•o0oc0aEAE0,«'a.E `' maCCon a,.am= 3runcavo ,c.7� E T u > G C 0 cn .. a,;a " T O o H'd P. K cy « ca T " � O N U T y w C `" T..-u3 O U [0.a v' L Cl.1 Oa'., °' " A a) ,. c GNKh " UO Ury C h gca.u, ^' — ° a)'a 7 C v' u C ° cn H O L' 7 G , mr,— E 7• .. > p O ,•. C.0 y u CO Qom. ' ° � E' .. u 04.7 - X00 —±, —It. � �.� �.° > �� v c° �� aEaow a0 cc 0 y .u. N E C 0. 0 G N r Y m ° c7 F H ° 7 u ^ T,0 -y J v, 0. 0.r. a, I- C L a u 'o q 6 O O v, L 7 '7 o C F .�.. c.N 'a � u O 'O �.O• C C � O . K O.0 o u A u o 7 Ct 0 -a L A .0 G N Cc a y 0 C Ni F. CA f7 . m is �'��Jf7—sy+.y�{ 'O'« . = to Oo c.°. °� G 0 .-a 'O s a A v, 7 A s L'- 1J�.xJ Ak N s _ MSm - c Fu a vvNS0, 00 :DO oocO .. u — .Vc . 00 6.0aC 4, > >, >, n v a y L et E 3 m C 'O O cou _ >.^ '7.� v c .C ,..J"C.,_, 3 O L ctl m v .° C C �. I-, N -' ,- W C n -o Coo - c v 0 O _ m c ❑ 'o v a o ° v ? 'c M >, o o, m y c.. a a o v o a C00CaC a•- cao > r at E v v c �. f° 3 •E 'y v m y — ,.a, = m y� co ` w+ cci 75:E V o O ,C r ;a E W p r. s c ° 0vE >`Qw Ocs 'oa ,„ v Evi3 �; � A�u�o a r '- ei ccr, `—ic,_ 0 o — s C i . - 0 E v v m C 0 a E u°. c ° a �° v �_c` :a oW Ec., ,oLv .,, 0 0 y v H O O C v L. .L... L' v m O >' 0 N rn ;u �° v, C O G., O c,-a V 0G I) m E . v E ._ O �. v .. ea 'C a • o 'r c 'o s U ry a? :C v a� �. O m L 'O' d 17 L U v ct U L v p v " >. C° >. . ° cc m C 'O 0 .° O 'm v u v L a -> c i. ._ .O v C O L O >, _ .1 a v a9i a ca ' v u V v 'O 'm `a a O v F L c m v L. C c e t c c a-O u C 1-- g C w N 3 z L L v a m ✓ ° s ` - m m ° -o m m d .v O O ..a OV E v " °. ,,c;t 0.$ 'O E > _ 0 .J m 'O E _ ooWz _ v vvcec v3 ;; cv; o ova6) .: � '0 c - ` C -oCsm • 7 ..v L c O W c F E C c`ES L 'E ° _ CO cct .�.. =�„ cc :tau W v C'L v., 02, 00 -0E06.v L W C O U �' O c O v Ci v 0 ro N O L O N E L C u C M c c oo c 41 G v L N R7 C V C) C r°i, a � — s 'O = vL c > W `' c`o a3s., co 0 v.o ,, v �.E o > IoW c`� � a'� o ° v , �v,v2 v, p 0 ° C' R .0 G O W m .O ._ M L to U L to o ° 9 > .-. m o ,O v m c c � a a ca v 0 e 3 coc v e m ._ w, ° - >,- v o o 0 c o v U ? ° C a a p.'cC-a vii :a �n d 3 .=. rn 'rL. c�a t CC',o en: a E c= ca C C .C v •> '� o •� L L = MUG ca V 0 0 'O Co VO v R1 �D ,�, L O y O L v ca Rt v, O 03 �c. _ vE C : c3v o� vsia o, ` uN 'Es .2u E s c vs 9 .0 co e40 E e uL b .E d e ° ti i_ v � e > 0 ._ v c �' U C > G ca >, C In U •- c m v a m D ...ry v 0 O. v v t c rov"' CVLca y m vO ct aO L $ OL > q „P .. �oo 6y .- L � � C._ C c cL coz• • s OLO VW u Cli c ._ '_ O Gi uv.= c ° °� ^ C '> -0 >,Lv is I. 3 ^ p, v a c ca v .O v y a 3 L. • It ,a E U > ° O v c c L ,c O a 0 v 0u ° ' c ° c '" . " .cv � • u cTa CJ „ 3 F, va5c .'uc — aE03 va-' . v E _ a-' eUm � w w, - cc v .i' U N Oc mawrn a� ._ m.�U � � N"O C � >`L mC _a,.. U a Q vs v v c — �v o ' O cr ea c ,o a w,. ,'o�.oG ,c ro C _o c e 3 3 u ;9 �t o � c vcm vle -E = uW °'- v ..: - uo - _c as VC,_ .G � •0 °u .� E m a m c E N ca ° s ` .- `o ia ' 0 3 c =�^. E - CI u o v - o00 .. >, —C3 to 3 'pm eyVam3 'O .�? o '3N oc :: � >`s Ev� � �o: 40c ( '> CILm >,s U L p .O >. v >, C. v c •;O O o u m E C. i R >,�." p, c'o t o v ^ O C' c L >," .•a G, p cc o a a .0 0 c 'o O v cc c aO ct c yv ° v= E c g� > > �$ "L. c ca o .0 p OL c 00 E m-- 2 v �p s . .— p ca r .W o c r W O m c D_ W C 0 v Lv0 0 i �7 .O • . L W .>T > CL.. L to V vi •• ti..- ° ° 00 i 4°. 't O •0.E " E . ca v v v 'O m `a ❑ v "'� .- a ° c a 00 "� .r O u W _O c .. •, c o >, L.W en >,.E v °a c a v a T a = a .E a) = _ ) . V. o '° `° 0 a) mi o ` e CO3 "z o .0 u = vo c0 � .. sue � a.) •,_ � = � aE ' E m b i. �-' v •-r P N t is 0 0 =. L' O N v m p Y , .0 N .o'O m O U m v u.ce 4" m x 3 ' V 0 c L v a s O O L c' • O O O i O " U a c .0440 - 4-1 >' it N ,'tl. p G ;E O c v c.) y co c v O M W 07 en C v 'o a m TJ On fn . > L. C o V] a ° , ° u u C u a vC, ,. E i..7,-..z v s vac ca ^ c w C d '� `�, 'o 0 j '- h c y 00..... 00 s p (C ° s (C ca et V m c � L� u c o el 0 0 0 .H, U � h .3 1 L 'D c 1 V '0 .' — 'O V —' ^ C m ^ v h � N .t s a C > a L' cea ro r u .? .5 7 '- L L Q L a 3 ° - e 0 v"' >` euq 0 ° C u C u c, v p a m m c v._ m c p a c r 6.O 3 on • 3 - vo ao .. o >, 3 y, ≤ac2 > 3 cE ' E ^ c � 3 " uv - a aQ a .>. c � C W v v, cs c c�a c •-• .1: 00 00 O N, c o v C.t C c V W C C 0= VI CI � o a u � o• 6Ovu. 0 � ... 1- =o > C � cEE > ›.., omx-0 .o � 0 m � � ' uyv vh - Cc a.O � � L c≤C � a'O ow QV00 tC. " Ec vUW ca � d m .� L � C ° Y � � � c c 0 ea Ft v o n .o c e o v p v 3 v v x >, '� m . .o c E E a Wv i - 7 so 1- 00E -Ova ° ca _ vEm .° py'oat06)s 6. c _ ,. 0 C ms -0 n -0 .- Eu m � aa � � > c6 eop oo E3 � a > � U � vCv Wavm 'O N O v v c ' ca L U c v '� C u v 'O m o W c. ,L„ Es >, v > 0 sc � o,- c—`ao 0 .,, m ` ° of � $ � :tE� o °° • 0 cE ` tch C.- r "- - - ov .. .- a " yov co >,.42 0 > '. zu c3 o v 9 � va � mL of • a 0'O C ' u ° e. yL C E :_ u • W p .' C y O ` p h 6. ro ? V y m m in' c- C O -' .v. .0 c IL. _ V 9 c1° `1 ° ' el s a p u a ,C cMa N O .m c C a a c MOM m 7 � c � � '� N is L W coc C — .C cc. C �.-4 73C O C N L cmd C .� M V ° Y c > 0o .-. 0 c > >, y O M y at 6. '� m cua o to m >, - -t : o ,o m o 3 ,n.,w: C � � o O aav v N mL. m m a 'Cu —vEvca3ao Uveo `° 3 C ° ro Cv �a ° i c v c co FE vm, cot v v O e ca L <" C .v.. u u e v o0 o •a 0 ,..,— .1- .D v Y M c . v .. E L .0. C, v '� o 00 ▪it "go = � � w ',nava'� o .No ` ct" - --, m a -- % 01) a, - 0 '� -. ,o `er,= ;a C ca c u •C v t = >,'� vn v v >, ° a m tv. s.. 3 a p .C ,,v. = a.c? ti ' > s o c v c o 0o E v a v Cr v c tom E ca v v �. L c C m v L O 0 .... 0 O L '. t v W o W'O W v v C - .C R'O c. m v c c v u000.0 '•' () -1C30 CV E O .T. L•... -0 00 DD > t v v ^J C c p CI m _ �a c N V L.c ._ •_ O .°.a0cacN L C ° C C C..CL ° O V 0 OOroca h Om c c mac. _ � 3oma, .oi '� -. -' o avo - - cacoEr";oo � .0 > .E.ocrcro � 3 .] ¢ � covaWWo a °� !1 QJ C s g p W �. p L m d • c U 0 ca ❑ O' O W O N o . ° c L .O a n " m � c > 0 3uEv ,v>,� mv � .7,, cc0C � c7 � v3 � � o °onw°° =�°v � ou ` •EN � o` ac :� �' W▪ i, v Low aL C9 yE' O C .E .° '- 00 we-) a00 L. 'ruc c..U .C ..eo, o= ° lip_ c. ,,p, v ct. - v O GO a•- :. ca c ^ .C a ° E °'� oC.E 0 a '-' ce � v ` _ ° c � � c s '— v . ocon = w'0 c 3 0 •n -C ae 3 � w c ,o " y v o a'- ti 6) � -0 c � ,o; " ° c_' 0 ° CE ,. y " a.... 0 .E -� 0o p c v c O " t H C m e.) m.E c = c 'O 'O o m ._ � G y a 03 ' E L a •t '- .c. S. 30 �',� e e'- O C.- L W t n o W s _ V C O _ �„ ' C a> u 0 'm �. c u :c v O U C.. u o i' u p p +, u c u c O G Cr: e ca 'oL c v s o m .E _ •_ m " > s E .0 Cs _ `o'=- °°2 mo.0 v c ca v -o E4= 10 v c d o 0 o v c • =r `v C v c u O Z' > = 0. 7 ,c o _, ca ,u c :a c u c - 7 3 >, c L W O L O - W - >. .n 7 x ,c 0, h _ u U n L L :. A'''te mEmoRAnDum WINDe Board of County Commissioners April 1, 1993 To /�//JJte COLORADO John Pickle, Health From Hearing - Central Weld Sanitary Landfill Subject: The Central Weld Sanitary Landfill has been in operation at least since 1971. Waste Services Corporation took over the operation in 1989 and merged with Waste Management of Colorado, Inc. , in 1991. The site has been monitored over the years by the Colorado Department of Health, as well as Weld County Health Department. Our Department has tried to maintain an inspection frequency of at least four visits per year. In addition, our laboratory sampled Central Weld's monitoring wells until the discovery of Volatile Organics indicated a more sophisticated monitoring program was necessary. In July of 1992, I met with Bill Hedberg of Waste Services at this facility. At that meeting we discussed the history of groundwater problems at this site and Waste Management's efforts to control them to date. Mr. Hedberg also informed me at that meeting that Waste Management's Laboratory had discovered low levels of contaminants in several downgradient monitoring wells and that a full written report would be forthcoming. He asked that in light of these findings Central Weld be allowed to discontinue its agreement with Weld County for monitoring, and contract with a more sophisticated laboratory. I readily agreed with this proposal since our lab could not test for Volatile Organic Compounds. As clarification for the Board, Volatile Organic Compounds are contaminants commonly from landfill leachate, as well as underground storage tanks, agricultural runoff, and other sources. VOCs are common constituents in industrial and household solvents pesticides, and other chemical products. Toxicological studies have shown that some of these organics have the potential for carcinogenesis in human beings. Consequently, their presence in the groundwater is of public health concern. In August, 1992, we received the Hydrogeologic and Geotechnical Characterization for the Central Weld Sanitary Landfill, Weld County Colorado. After review and discussion with Colorado Department of Health personnel, we cited the Central Weld facility in October, 1992. (See attached Report and letters of August 17, and October 5, 1992. ) Waste Management performed confirmation sampling at the Central Weld facility in September, 1992. The results confirmed previous findings submitted in the Hydrogeological Characterization of July. (See attached Central Weld Sanitary Landfill Confirmation Groundwater Sampling, October, 1992. ) Golder Associates Inc. performed an Expanded Hydrogeological Investigation at the Central Weld Sanitary Landfill, Colorado in October, 1992. The purpose of this 92t06i investigation was to determine the extent of migration of the VOCs offsite. (See attached Expanded Hydrogeological Investigation. ) Since October, subsequent inspections, discussions with Colorado Department of Health personnel, and meetings with Waste Management have culminated in Weld County Health Department citing the Central Weld facility for four (4) violations, and requesting this Hearing. The Department contends that Central Weld Sanitary Landfill is in non-compliance with existing rules in the following areas: 1. The operators of the Central Weld Sanitary Landfill have not submitted a complete Design and Operations Plan. There is some question as to whether or not this was a requirement at the time this facility was permitted. Such a report was required in the 1971 Amendments to the Solid Waste Act prior to the hearing by the Board of County Commissioners, but the Act requires such a report only "as may be required by the [State Health] Department by regulation." The State appears to have decided that no report was necessary as they treated the landfill as a grandfathered site. Regardless of the State's position, it appears that the Board of County Commissioners expected such a review and that one never occurred. A review of the files does not show that there ever has been an "approval" by the State Health Department. The Board of County Commissioners requested a Design and Operations Plan for this facility by November 12, 1992. A partial submission was made by Waste Management. After review, this submission was considered incomplete. (See attached letter of February 22, 1993. ) To date, the additional documentation has not been submitted. This is a violation of 30-20-103, Colorado Revised Statutes. (Copy attached) 2. The Central Weld Sanitary Landfill continues to operate without required Discharge Permits. This fact is documented in letters from Waste Management, November 16, 1992, and Colorado Department of Health, November 17, 1992. (Attached) Colorado Department of Health, Water Quality Division personnel have indicated that despite application for the required permits, the facility is in technical violation of the rules, but they are holding further enforcement in abeyance so long as the facility continues in good faith with the application process. Weld County Health Department agrees that this is a violation of Subsection 2.1.2 of the Solid Waste Regulations and 25-8-501, Colorado Revised Statutes, (Attached) , but it appears this condition is near final correction. 3. The Central Weld Sanitary Landfill continues to contaminate the groundwater, and this contamination has migrated offsite. This fact is evidenced by Waste Management in two documents: The Hydrogeologic and Geotechnical Characterization for the Central Weld Sanitary 9'1(64 Landfill, July 1992, pages 41, 42, 55, and 57; and the Expanded Hydrogeological Investigation at the Central Weld Sanitary Landfill, Colorado, pages 5, and 6. The Department feels that this is a violation of Subsections 2.1.2 of the Solid Waste Regulations, specifically, 3.11.5 of the Water Quality Commission Rules, and 2.1.4 of the Solid Waste Regulations. That this is a violation of 2.1.4 is also indicated in a letter from Colorado Department of Health to Waste Management dated December 21, 1992, specifically page 4, paragraph C.1. (Attached) That this is a violation is also further indicated in an Attorney General's Opinion dated March 5, 1993. (Attached) 4. The Central Weld Sanitary Landfill has allowed solid waste to come into contact with groundwater on this site. This is documented in the Hydrogeologic and Geotechnical Characterization for the Central Weld Sanitary Landfill, July, 1992, page 34. This condition results in the production of leachate, a source of groundwater pollution and public nuisance. This is a violation of Subsection 2.1.4 of the Solid Waste Regulations. In addition, this too is indicated in the Attorney General's Opinion dated March 5, 1993. An inspection by our staff on March 2, 1993, indicated that the Central Weld Sanitary Landfill is still in non-compliance in the areas referenced above. Further, the Weld County Health Department and the Colorado Department of Health feel that items #3 and #4 constitute a public nuisance. We would ask that the Board of County Commissioners find that, on balance, there are sufficient facts shown to justify proceeding with a Show Cause Hearing. 921061 jJk rn7e& � P c Attorneys At Law - - 9: 17 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 ('LE, -" (303)861-1963•Fax: (303)832-4465 Ext . 123 June 17, 1993 Weld County Commissioners 915 10th St. , P.O. Box 758 Greeley, Colorado 80632 Attn: Hon. Connie Harbert Chairperson Weld County Attorney 915 10th St . , P.O. Box 758 Greeley, Colorado 80632 Attn: Hon. Bruce Barker Re: Request for Party Status, Special Review Permit and Certificate of Designation Enforcement Proceedings Adoption of Procedural Rules Dear Commissioners and County Attorney Barker: We represent the Ashton-Daniels Neighborhood Association and the Telep, Hayes and Daniels family in the matter of the Central Weld Sanitary Landfill . The Association and these families, as adjacent property owners and residents affected by the landfill, have taken an active part in public proceedings before the Commissioners regarding the Special Review Permit and the Certificate of Designation for the Landfill . A hearing has been scheduled by the Commissioners for October 13, 1993, and we have attempted to gain party status for our citizen clients to these proceedings. Recently, at a meeting of the Commissioners, it was suggested that the County might consider adopting procedures for party status in proceedings such as these. we strongly support this suggestion and ask that you proceed to adopt such procedures and that you recognize the party status of the Ashton-Daniels Neighborhood Association and the Telep, Hayes and Daniels families in the matter of the Special Review Permit and the Certificate of Designation for the Central Weld Sanitary Landfill . FXh/hil l Ed : C-'iTCLM0, /'L i/Li ,3OCG 931061. Party status for citizens and citizen groups is particularly appropriate in matters involving waste disposal sites. The Colorado General Assembly, in C.R.S. 30-20-112, has invested the County Commissioners with enforcement authority, including authority to enforce State statues and regulations, as to solid waste disposal sites and facilities. In State rulemaking and enforcement hearings held by State agencies, such as the Air Quality Control Commission and Water Quality Control Commission, it is normal for party status to be obtainable by citizen groups under rules of those bodies (for example, see the Air and Water Commission procedural rules, attached) . Party status in State proceedings does not require that one own property which will be affected by the source of pollution. In the case of our clients whose property values, health and welfare are directly and adversely affected the landfill, it is even more appropriate to provide for party status, including the right to present and cross-examine witnesses at public hearings and to have reasonable discovery rights . Industrial parties, such as Waste Management, are well familiar with these procedures on the State level . Full public participation helps to alleviate the suspicion of citizens that the process is skewed towards industrial interests who have the financial resources to out muscle citizens. In C.R.S. 30-20-100 . 5 (d) (IV) , added to the Solid Wastes Act in 1992, the Colorado General Assembly has emphasized the importance of "full participation" by the public "in all phases of solid waste decision-making. " The County plays the crucial, pivotal role in this regard. Accordingly, we request that you proceed expeditiously to provide procedural rules which give the citizens of Weld County assurances that they can be heard and effectively participate in these important public proceedings . Best regards . Sincerely, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C. 931061 Cl G T G T n v�. vn OL C _ O c6._ c y G_ .�. O 7C C; a.�C y ,n r 0 , - - O zit P. 0 O-CC .0 ° N..N, o .,. ay+ al W 0 F to w IT.; E 0 0 OD •F O is y N r y a 0..- O ,° N o‘ O O y 000. 0 O «. .1.,.-.. • Uj w 3 C."y. O C O 6 W.0 ., y V 3 C ,L U t end dl 5 F a O C csiC I- a N 09.0 •ed' O O y on ed C U U"N b t,..p... .-c-4 A 7 E CC 'O CC toD, .... 0. 0. O O y O.O"C C C C 4 a) .y.+�'�A o y 'Rio n °y yid O • bG^ U U O y ed .yy.. I-' rN e+'1 p a) O 3 C 0 E C -co o0 V 'O •' 0 ,... . >, c ...'0.0 O U rn C CU_, ...eT N el•,-. '0OE O 7 'td00 7r . . 00 •O aO 0 el) L... bO'O y p y y •- 0. m I- " 3 U U '—' T V ea.O y 0 O 'C c U.,y,t•. cc"d .On y td o wo °'« °vo b0 `°.: c c -' „a • O pod; «: tdw �' U 7 W2)-5 U C C'O eo.� Q U E «. U O C 3 tE °bred. >1 a 0g AGc6 y OtP.. :>n y0I0.0. x .U+ O y E ,y,'O4. OOO2 «:'O�, V a.C °A .O bCDi .. ,0 .o... 0-0'I: U .° vt UU VO,4..if a> IF; �7 dOy UV � VObV TA •y �O r7 NO w t.. .00 E oaU ((�U.>, ++ v •- o03 .0�:., a0 E•O ;; y � o'v t,:, 0yx ° ' yyyOC yCb Co Or O N y Y y W •' a) c .y+.... ....y C a) Cn U 0 en . '°A y ,n W ,y.. '0 N'O .y.. >. y F C' o O C) t. 0 y y S O•U+'.. C y c V O.a C O y O C C U .. ;ter p ed w P..C .. E O 4.1 U_ a> >.al.17 33 ea.0 _, ai y0I. Ny 304 .0, Otdtn.«. CI ;I 0.0 Cp Opp,,11 U U hA.�� ° oA y� OS yam^ 4. Li E t0d .a) N m ,y O. c ' �+' O 4, O U V. 0 E a);... C id 4.� O a) y cr O O t0..'O o id y a c..-. ,..,'—' in L�..' F, o+ erd L 3 E.... 'drag, •— F N U G'V r . a°V y . 03 . O . ,..-Oc .-4E ° O-O= = a)Us-. O U�'' F u0 'c"-o00 o .. Qo ec,,. u3 . coo ° ° ��AAo ° °.'HaV „ o „ v•_ y � . d E ,0 OCTE. y y Owl, r W o N 036 '" C es,.... 000«_ 0' • N .'r r. cad E N E' r. cmyb o >.�y, Ob ° E .0 v •rte •—n'N-, .0 O C > h t,�O-E 0 °- y UO •-• C ,-= C o •y' O aa% U 0w Ob p O y =0 A°.E y •" y•.r.. C O a 3 .0•+ ° y w c . y. A C y...:�N t,..,",.o O'V E � T 3 w b O � y m� o a F'LOC. y co° CE c.eCtdedWC T0. d Ap O' T.tCE0pG.3t3en.0^ CeidedLV'OOa.'' °•. N ≥ E a«. E 0.^ p td O ed 3 t'^ m ea el C 0... T.. .. F._. E eaa.)".— t.,, >. F .C c td tcd o .a a, cn 0 C.^' a0i.gib C Oa0 C °� ed C'O3w r" a . 0 ..c'00 • u .a U. OP. oc.. E.5 COE yw.E ..� ad.. dr"O Cry > a) E >.E y Q.Cn E ,t. O A ecd U °y EOECyH ccd a .•.. U•a a �."". y a) 2 0 y ' C , G't"•y , •E O C R E O. ." O U el to ,, it u r � >.v, T y 7 C >b e>d tUd O3Ct' wy... y =T � >,C: 7 Abb 0.em0 ay .'C...'w 0.... O E'O ry O `. a;. �NO;O >, bb e�C .. G. .0 y0 .' .1, Ud y U Oto 33 al al ° F' �..0, tdC OQhm HAbV a) � ed o'0. OCO .>'. 0 td yb E' E yc cUdw rl co,O� 0. T,>c 4 O E 04. y 0. a.) - 0 -tr.' C,.y.. > .�C 0 A y ›( .01 0 l A of G, a F id w .O„ vj� ) 'V O'° 0 .y 0 Up'>,C.'00.'O id c �N ti C-:: e>d y `nECC ° y 7 y a0eydi)^ 0. `na) C �.C ,0 yC la CEO a)w'OA Cr C O •n•� yd7 1''' A 'Ora cil.^ CyO•a.yW T"V y 0-4. CO ed C .00NN.5 9,40 ; CD y N..y.^-- a)'O td O y eT .,i ed y y td C 3 o std, >.i. ed....0 U td•^'.O� U C ... ---0 y td F • a) U O.0 O T td m 0y'V c.... C a.d c > cc, y w '0 .a O p • r. mt.- y G. a) (° -. 00. A0 ct. .o ❑ r. C.-. 6N^'O .QN 3 We-sb O, N �'i0...C.°Oo C.a 00J X yE °tea) oa0) C' VC ecd H yCo4N el° ►c. cod ba > I.Ca C C.) Cj e. I. to ed o ,n y O OD e~d '0'E.s+ a V.C eE ,A,.A=:y co w.��,;_,T 04 • 0C�. W A ., 0.. • CU N y 86 t a) w O b O C O N •".ri N V y p C 0'O y •' 3 >-.-c N t•.r .+ J..y-. 3 y y^ a) c °•c v p. OO .•n..a' t� �'C, O•• O41 co H.- 0 ,O H d m ,,w•OyCO C T'F p) OO t, C U'y.0 O •L' "'t« y'G Vr «A. .A. .v, C ed .,..,>."6 V] F [..' C C 5i C , t y...� co C Z A '3 ML" "b Q ry"•-.'". bOD O h y v Q'o„0-. y V.5 `. C O 0 .....'"' (:) °''''0' •h '• ='O 7'O. N C to p >,.. 30.1 0 0p'O O y) •`n 2 7,0 0 `n 0 0 0 0 0 eCd �?1] 0 C y vi .c In E 0..r U r.V r.co� Oy p co,bpr.N'O A V•� ;• w5.r- C ,n a Ep O .-.3 atiU W Uj gM ,n b' td N.E O al ri-c. .r.. O Ch G et e7 O y a) U.—A c a) y 0 c... U 0 .r bD y O a'.. O w ... ed y 1.;- 2 Or 0d e0)L °Vw., eCd a -a0 a 0= .'C•+,« t°n.t0.' y.-y+ E id w'«. .C'O eE G. V _,4_, O .N 0 ow,— co /_ En - - O F q1 t- — .1c b O >` 'O a T •:-: c '°c ari d C O C 0 C y i -0C C a) 7,O c C Sc •Q .O A.O y ° 0 O W O A C ' p v C > C... w ed .+ •E C wog C O .° «+ O .. O ed _. y �: .y.'O O y A w a? ed Cd 0 E y y C 0 t, vi c 0 O CO y y W b y ed•> .., .y.. y,.y, p �,. N r' r O E ,«+ .>'+ '°^ V .'C.+ U y .m00-0 1".. a C L 'O F U L C bD H y Or_r ri el a). N 'd A ' 'O y O.^ y 'E E 0.-, O U c) c y y V ',.-4m.= �a O O C'^ y C U a) U a) a� A w ti r, ed.E - " "6 - a 0 y A V >. •3 id " O E rn O t>d p .0 O OD r. C c'0 E. 3 O U y ., y A .y.. yyy CE .y.. 'y' A0 ,E aO Cyy bHenC y C 'O ot`" � vi CW yy E r 'F C O a to w E y O U EO C 0 > U y UTv- c c F O y C'«.A y C W y y 0 C CG H y .U. O 'V� 3 eydO •� ebrd .C yE aEi yA A,w p3 C.V O'h OOy WOH 'CJ EOU [)-i 0 .0.. 0 W b y.0 �. V U F y b A 0Cd 'd 2 U '0 r 0 no C co ° o id x 4 .O V N O >,'C 0 O > ^' e0d C O'O td t.y. Ub a) ,c, C 0 U E.N Lu Lu y>. '•' • tU. O r. E C 0 .C E y A U ^ t, c .C .y, 0 v' ed 0 w 0 ,0.. 'r.. r > C 7 y ,p .. O y a „ Er y y y O y C V y .. y ^ . "i) O O C w CI C) OO b y Oaash. O y 0 b O O .0 N .y-. .Oi) C O'p. y O a)i 3 ,... . c , .-y y y C N e~nd C y w a y' co i cL'.•E3 : o o°.,.,, cdo at ca) ao. N.08 05—. 00. ,- .0 a) ; `u„ 0Ya o a) 2 co t,'E Ow c co y y U p .y.� 3 ...'...:C w '0 O O y O'e•« • 3 'o v, -. H A O •y,o-0. > ^ 00C 00 co.) .+ 'O... O td .+ U el y" C O y3id. 0 H 0. U C O c C b U y to t~ rA' r. p C:.. y .d r0 3 w+ t.r O E y O U td " y O U 3 O h m bD ,� y p A y y y .O y Tw y c y 1.., ° U U .r t, r. U p U O E `n re U'O O o ,,,� y... p� U 3 p .O ..A i� O y....., b _ E y O O ,'..' aC :is' ,O .0 c,V a _ 0 O.-. 0cif y O .+ .0 E p (molt) a)... .+r 0 G O p r T y C V ... 0 a..0 ..,. E N X ty.C N y ., C a •O 3 '� o o v tyd'O X y y `)' V Or, w at y b y y .., •- y... F U O Oct C) y C a) E U y w c ..+ Ec y C ._• p y y • 0a 0 r..Y C F C y 5—. 0= E .O .+ „ '13 ' ° ?' O..b 0 w, td 3 O y y c E > y O O y O y y t, 0... "y > ,54.0-5 C C p y U ew C U U w 'O y ed 0 U r• .. c by y C TJ E >` ed'.. ,C .y.. O O .C y 0 U y A y — U O U E a ed Evedyc :9y •Cb v :: y E t . ..' edoc aavidy of y ° b 3 �) C E a s C itl a y co U .. ., OO O U .t a c 0 .-1 Q 0 E 8 3 .. E .`.11'. 0 v c . v co .c ^ C F y c 0. v,.E y 'd C yyC U rn" 0 0 p O G A .c E id 0 4 Cl.) > y to 0 r. c V'v a) ed G r al W b U C E T'O tit, b E y _ O O w X r. O 0 .. 7 O v, y C ° .U, 0 a V c b b b y r.0..., ed o y y 0 U E.c C y y E E td E U o ed -"U ed c y co C b -- U 0 ° 'O C U U ,n ^ O U" c E C C U O n Ob O db c.,, ,C) y y " O C E 0 a C•� �? U E o t, '" x'O O 0.� y C Y no C e'Od v', O 0 O Ca C c p .n a) A E O U W U O y a •0 el S"« O U y 3 y r D a r 0 `n al C V W W 0 —vOi O U eCd O N ' C ay+ cn U t,•". O G M cr U O C C.� y .. y d 7 y a0) L... C •' O .:S o iC vi 4 U a s ed.C O 3 r. U ' T OD O yid 'O T"._ O a U E O . C ryi ^' R O .0 U U v O y U y y .+ y y A U G p A C t, •C E w y V E U .c r bD.G O °' cad Oct) G ° T y ;; •° .°0 `td y ayi id O P.c O a0i el eUd.O y.L $,°. o ° y = .yi, L A C •. a .0 N y a 0 y.O C OD E O tin ea.a.o E O v «... 'v 0 y .. e e ai y w y y Ca ea v,•N y a)^ U m _ O V c E 'O yw 'O'^ ma...r ° Q y y.., w ^ �, U «+ ed y. 04 «. c vi a O 3 cu 2.a b O 7 a) F O C'.•,+ �, b. .r' C t. 0 e~d'O a,r 0 o U y w N h c:, r b ed c F O U .-) 0.0 0 a) O A ai o v c 2 all '01 .+ L' a y V? )4-.) g• O .0�O vi E U y y y ecd .E U h U .0+ ty,• E «' > .0.≥ c C y 0 r. N O ed c .y .. Q ' O 3 b0' el y U O .. C o y'E A W O Ow) ,n a V 0, “ r' CO..'C U -' O O y A r W N Y a U i y y y ° C U to.L' O ...',^,�' F O�-' y G,.,. d ., .C O•^ >L O'0 U a a) y " y g y .-. O ... o c° a GEE FUG %c� oROayoF c3Q � > � E� wyo0 a•a °W � a� a� a r�+ A > , N O U o 3 4 a) U 3 C 0 0 p ° V O ,r_, O y .t.6'o Ej EXb O O• ^ COa O ow.— r" ^'O :.0 c ,:^, .0:O 'O.. ,N, F y 3 F �'.� C a o E �CC ;;. ... y y h n'5 ma N M'O.O.. '> 0.... Q ....0 0._..-........ 3 3 0 0 0 0 O A td ed O � �e .is �a) •�� O wa p N�...'U.... OU 3 0 �' y :y, .+ U y '.. to y 4a U... OJi'i06 19S4 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 1 Adopted: May 24 , 1984 PR0 EDURAL RULES FOR ACTIVITIES OF THE AIR QUALITY CONTROL• COMMISSION I. SCOPR AND APPLTCATTON OP R[ILMS. These rules set forth the procedures of the Colorado Air Quality Control Commission. II. pURPOSES: INTERPRETATION. These rules implement the Colorado Air Quality Control Act, Sections 25-7-101 et sea. , C.R. S. They are designed to incorporate the purposes of the Act in the commission ' s activities : (i) all proceedings before the commission shall be fair and impartial ; (ii) all persons participating in proceedings before the commission shall be afforded due process of law; (iii) the commission acts on the basis of available and relevant facts and information; (iv) public participation in the work of the commis- sion is strongly encouraged ; and (v) the records of the commission and division shall be open for public inspection during normal business hours unless confidential treatment of specified records is required under provision of law. A. Construction. These rules shall be construed in accord with the purposes of the Act. These rules shall also be con- strued to conform to the requirements of the Administrative Procedure Act. Where a conflict between the APA and the Act arises, the Act takes precedence. Where a provision of the Act conflicts with these rules, the Act takes precedence. iik Ikcips ��tY THE CODE OF COLORADO REGULATIONS 5 TAM-I Page 2 III . MOTIONS IN THE INTEREST OF FAIRNESS. Any person may move the commission during any proceeding for such orders as may be required in the interests of fair and orderly proceedings. IV. fFFTAITTONS. As used in these rules, the terms described below have the meanings assigned in this section. A. Mat: means the Colorado Air Quality Control Act, Sections 25-7-101 pt seg. , C. R. S. , as amended from time to time. B. . 'udicatory Proceeding: See Section V.A. 4 . of these rules. C. Administrative Procedure Act: means the Colorado statute which describes procedures for rulemaking and adjudicatory proceedings, Sections 24-4-101 pt seq. , C.R.S. D. APB: means the Administrative Procedure Act. E. Chairman: means the person elected from the member- ship of the commission as presiding officer pursuant to Sections 25-7-104 (6) or 25-7-116 (7) (a) , C.R.S. F. rninrado Register: means the compilation printed pur- suant to Section 24-4-103 (11) , C.R.S. , for the publication of notices of rulemaking, proposed rules, attorney general's opinions relating to rules, and adopted rules. G. Colorado Code of Regulations: means the compilation printed pursuant to Section 24-4-103 (11) , C.R.S. , for the publication of the text of rules and regulations of agencies of the executive branch of the government of Colorado. niria 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS 9 61 81984 THE PUBLIC RECORD CORPORATION 7CR7,7-84 Page 3 ALL RIGHTS RESERVED H. Commission: means the Colorado Air Quality Control Commission created by Section 25-7-104 , C.R. S. I. Division: means the Colorado Air Quality Control Division, established within the Division of Administration of the Colorado Department of Health. J. Pa party Communication: means an oral or written communication regarding the proceeding between a member of the com- mission and a person who has an interest in the proceeding during a rulemaking or adjudicatory proceeding which is not on the public record and with respect to which reasonable prior notice to all par- ties is not given. The term does not include requests for status reports on any matter or proceeding. R. Party: means a person (i) who is entitled to party status ; (ii) who has requested party status in accord with these pro- cedural regulations; (iii) who is admitted by the commission to a proceeding for the purpose of affording that person an opportunity for presentation of evidence and cross-examination; and (iv) who has met the obligations of a party under these rules. The division and any person subject to an order or decision of the division are par- ties to an adjudicatory hearing. There are no parties to rulemaking proceedings except in proceedings under Section V.F. of these proce- dural rules. L. o ►,� t •,n of Rug m_e ak ng Ro ice or a Rule: means publication of a rulemaking notice or rule in the Colorado Register or the Colorado Code of Regulations, as appropriate. M. gSD: means prevention of significant deterioration of air quality. N. Ru1emakipg proceeding: See Section V.A. 3 . of these rules. 0. 312: means state implementation plan. P. Staff: means the Technical Secretary under all cir- cumstances and the Division at the request of the commission, except when the Division is a party to an adjudicatory hearing or when it THE CODE OF COLORADO REGULATIONS 52tba'e'' Page 4 has elected to have the right of cross-examination in a rulemaking hearing. Q. Technical Secretary: means the person employed by the commission pursuant to Section 25-7-205 (3) , C.R.S. R. Ether fefinii-irns: Except as specially defined in these rules , each term shall have the meaning assigned to it by the Act, the APA and the regulations of the commission. V. pRACPPURES FOR MRF,TTNGS ANT) REARTWGS, A. Types of Meetings. Hearings and Proceedings Before the Commission. The following sections describe the types of commission activities. 1 . General Meetingj,. General meetings of the com— mission are fot administrative and business purposes, such as the consideration of budget and personnel matters, or for the receipt of informational reports. 2 . Informal Hearings. Informal hearings are held at the discretion of the commission to receive comment on a matter under preliminary consideration for action. Informal hearing: are proceedings which are not subject to Sections V.D. and V. E. ( rulemaking procedures) or Sections V.D. and V.G. (adjudicatory procedures) of these regulations. Consequently, matters . considered at informal hearings cannot have binding regulatcry effect in the absence of further proceedings. 3 . Bulemaking Proceedings. Rulemaking proceedings include notice and hearing activities which are required by law in order to adopt enforceable requirements of general applicabi- lity an : future effect. The result of a rulemaking proceeding is typically a regulation which imposes binding requirements on categories of air pollution sources. The following proceedings are examples of rulemaking activities . They are conducted in accordance with these proce- dural ru..es , Section 24-4-103 , C . R. S. , of the APA, and Section 25-7-105 (2) , C. R. S. , of the Act. 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS9 it cl984 THE PUBLIC RECORD CORPORATION 7CR7,7-S4 Page 5 ALL RIGHTS RESERVED Type or Purpose of Hearing Authority Attainment status redesignation 25-7-105 ( 2) 5 7-105 (2) 25-7-107 Promulgation of Rules and 25-7-105 Regulations and SIP Revisions 25-7-108 of General Application 25-7-109 25-7-110 PSD Area Redesignations 25-7-105 ( 2) (Classes I, II, III) 25-7-208 4 . Adjudicatory Proceedings. Adjudicatory proceed- ings include notice and hearing activities which are required by law in order to determine past and future rights and obligations of individual persons or sources. Adjudicatory proceedings typ- ically incorporate more procedural protections than rulemaking proceedings. The following proceedings are examples of adjudicatory proceedings. They are conducted in accordance with these proce- dural rules, Sections 25-7-119 , C.R.S. , of the Act, and Section 24-4-105 , C.R.S. , of the APA. Type 9r Purpose of Hearing Authorit'Z PSD Permit 25-7-114 (4) (f) Appeal of permit denial/condition/revocation 25-7-114 (4) (h) Appeal of compliance order 25-7-115 (4) Review of noncompliance penalty 25-7-115 (6) or payment order Request for exemption from non- 25-7-115 (7) (b) compliance penalty SIP revisions of limited applica- bility and revisions to other regulations and standards of 25-7-117 limited applicability TY THE CODE OF COLORADO REGULATIONS SSC 8 1001-1 11)C Page 6 Delayed compliance order 25-7-118 ( 1) Termination of delayed compliance order 25-7-118 ( 4) Waiver of PSD requirements for innovative technology 25-7-205 Alternative emission reduction 25-7-305 25-7-117 Declaratory orders 24-4-105 (11) 5 . Statements of Policy and Interpretive Rules. The commission may from time to time adopt statements of policy and interpretive rules to guide the work of the commission. B. procedures for General Meetings. The commission holds regularly scheduled general meetings, as required by the Act, to conduct business. 1 . Frequency. Meeting dates and hearing schedules are set by decision of the commission, unless such responsibil- ity has been delegated. The commission meets at least once a month. 2 . Notice: Agenda. An agenda shall be published and mailed to commission members prior to general meetings. a. Notice to Commission Members. Written notice of the time and place of a general meeting of the commission shall be mailed by the technical secretary at least five ( 5 ) days in advance of the meeting to each member of the commission. b. Mailing List Distribution: Public Nntigp. A copy of the agenda of a general meeting shall also be mailed by the technical secretary to all persons on the mailing list kept by the commission for that purpose. It shall be mailed at the same time agendas are mailed to commissioners. To. 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS 01994 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 7 3 . conduct of General Meetings. General meetings are conducted by the chairman or presiding officer . General meetings ordinarily proceed under Roberts Rules of Order , but the commission may from time to time act on a more informal basis unless a commissioner requests that Roberts Rules of Order be utilized. a. aeatWepSzt.2. Reports are accepted at general meetings from the division, from counsel for the division, from (counselfor the commission and from any other source at the discretion of the commission. b. Consideration of Non—Agenda items. Any person seeking commission action on any matter not already included on the agenda for a general meeting shall submit such matter to the commission at least seven (7) days prior to the meeting. Matters submitted after this deadline will ordinarily be considered at the next general meeting unless the commission determines for good cause shown that the matter should be acted upon immediately. c. Transcripts, Recordings: Minutes. The proceedings of all general meetings shall be recorded (verbatim or in summary) , put in written form and mailed to the commission. d. Approval of Minutes. After review by the commission the written minutes of the previous meeting shall be approved, rejected, or modified by a vote of the commission. Approved minutes shall be made available for public inspection at the offices of the commission. 4 . Public Participation Encouraged. All general meetings are open to the public, except that matters which are exempted from public participation by the Colorado Open Meetings Law (Sections 24-6-401 etseea__, C.R.S. ) or the Colorado Public Records Act (Sections 24-72-102 Pt seq. , C.R.S.) , or otherwise exempt as provided by law from public participation, may be con- sidered in private at the discretion of the commission. Public participation in general meetings is encouraged. The chairman or presiding officer shall provide an opportunity at each general meeting for the commission to accept public comments . The public may otherwise participate in i .Y 921061 THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 8 general meetings at the discretion of the chairman or presiding officer . Public participation and comment may be reasonably limited as the chair or presiding officer deems necessary. C. pros der s for n o mal H - inter,. The commission may conduct informal hearings in order to gather information from the public about specified matters, in order to consider for adoption interpretive rules or statements of policy not intended to be bind- ing, or for such other purposes as may be appropriate. The commis- sion determines the procedures to be followed for such hearings on a case-by-case basis , in its discretion. D. Procedures Applicable to Both Adjudicatory and Rule- making Proceedings. 1 . Deliberative Sessions: Notice: Recordiuq. All deliberative sessions and sessions whose purpose is to aid deliberations which are held by the commission or subcommittees shall be open to the public and shall be recorded electronically or stenographically. Deliberation by the commission may be held immediately following the close of the record of any public hearing. If the commission will deliberate at some other time, notice shall be given in writing of the date, time and place of such deliberations to each party and to each person who requests such notice on the attendance register during the hearing or otherwise requests notice. Such written notice shall be mailed at least five ( 5 ) days prior to the deliberative session. Deliberations normally are not part of the rulemaking or adjudi- catory record. The purpose in recording deliberative sessions is to protect against consideration of evidentiary material which has not been included in the record. 2. The Use of Subcommittees by the Commission. The commission may appoint one or more of its members to a sub- committee at any time to promote the resolution of issues, to focus hearing deliberations, to promote understanding of issues, to organize issues for orderly presentation, to promote techni- cally accurate and complete regulations, to gather additional information where appropriate, or to perform other functions which aid the commission. a. Work Product. Any product of subcommittee work will be reviewed by the commission or a designated member . � J�rb 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS 9 s '1984 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 9 b. Subcommittee Neetin_gs Open to The Public: Notice : Public Participation Encouraged. Subcommittee meetings shall be open to the public . If the subcommittee ' s function concerns a particular hearing, sub- committee meetings shall be held only upon written notice to each person who has requested notice on the attendance register at the hearing or has otherwise requested notice. The commission or subcommittee may allow any person to par- ticipate in subcommittee discussions. Public participation is ordinarily strongly encouraged. c. Meeting Records. Subcommittee meetings which aid in hearing deliberations shall be recorded elec- tronically or stenographically. d. Proceedings Ordinarily Not Part of an Adjudicatory or Rule-making Record. Except when the com- mission has issued notice in advance that subcommittee pro- ceedings will be part of a particular rulemaking or adjudi- catory record, subcommittee proceedings shall not consti- tute a part of any rulemaking or adjudicatory record. E. ' procedures For Rulemaking_ ProQeedinga. 1. ROW a RUOPwaking Proceeding Reins. Suggestions that the commission consider a topic for rulemaking action normally originate from: (i) A member of the commission ; (ii) A member of the public, by petition; or ( iii) The division (in its role as staff to the com- mission or in its role as the agency which administers Colorado ' s air quality program) . Consideration of proposed topics and petitions for rulemaking may be undertaken, in the commission's discretion, at any time upon appropriate notice. Action on petitions for rule- making shall be within the discretion of the commission. 2 . Petitions for Rulemaking. Any person m a y petition the commission to institute rulemaking. All petitions for rulemaking shall contain the following information : 43' 931061 THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 10 ( i) The name, address, and telephone number of the person requesting the rulemaking . (ii) A copy of any rule proposed in the petition and a general statement of the reasons for the requested rule. Petitioners should consider the statutory directives to the commission in Section 25-7-109 , C.R. S. , in drafting a petition. Action on a petition for rulemaking is within the discretion of the commission. 3 . Develogwent of Proposed Rules. a. ,Subcommittees: Use of Staff. The commis- sion may use appropriate procedures to gather information and develop a proposed rule, including, but not limited to, informal hearings, gathering informal public comment, the use of commission staff or a subcommittee, consideration by the full commission , or consideration by an ad hoc subcommittee. b. Public Participation Encouraged: Informal Notices. When the commission believes it is desirable to gather additional information or to discuss a contemplated rulemaking with interested persons in order to consider whether or in what form a topic should be proposed for rulemaking, it may prepare a short and plain announcement for distribution to the public. The announcement will be designed to encourage early and informal public participa- tion (i) in the consideration and design of the proposed rule, (ii) in the process of deciding whether rulemaking should be pursued , and ( iii) for resolution of issues related to proposing the rule. The announcement will state that the commission is considering the topic at issue and that it seeks infor- mation from the public concerning that subject. It will contain the name of a state official whom the public may contact for additional information, and will describe briefly the process of adopting changes to the rules or policies at .issue. The announcement will ordinarily be mailed to persons listed on the commission's mailing list. The announcement may include a notice of opportunity for written comment or informal conferences with the commission, its staff, or a subcommittee. r. THE CODE OF COLORADO REGULATIONS ©1984 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 11 c. Tnforinsl Public Contacts Encouraged in Rnla Devalo*9nent• Prior to publication of notice of a rule- making hearing, the commission encourages informal contact, regarding any aspect of the rulemaking under consideration, between the public , the commission , and its staff or subcommittees. 4 . Formal Notice of a Proposed Rulemakina. All rulemaking hearings of the commission, except for rulemaking proceedings exempt from notice under Section 24-4-103 (b) , C. R. S . , shall be preceded by formal notice published in the Colorado Register . a. Content. A formal written notice shall state the time, date, place, and general subject matter of the hearing to be held. It shall include the proposed reg- ulation, a statement indicating whether a prehearing con- ference will be held (and, if so, the time, date , place, and general purpose of the prehearing conference) , and a statement encouraging public participation. It shall describe how an interested person may apply to have the right of cross-examination at the proceedings and of that person ' s obligations to attend prehearing meetings and comply with pertinent filing deadlines. It shall ordina- rily contain a preamble. The notice shall specify the member or members of the commission delegated to rule on motions and to make other determinations. The notice may specify times at which testimony will be taken from the general public for its convenience, such as early evening hours. The notice shall advise that the text of the pro- posed regulations will be published in the Colorado Register and will also be available upon request from the office of the commission. Notice of rulemaking proceedings shall be published no later than sixty (60) days prior to the date of the hearing. b. preamble. A formal notice will normally include a short and plain statement which summarizes the intended action, describes issues of particular concern which the commission believes should be brought to the public' s attention, and states generally the basis and pur- pose of the rule. The statement will be designed, to the extent possible, to inform the public of the significance, complexity, and basis of the proposed rulemaking action. It will be designed to encourage informed public participation before the commission. F '.. 931061 TWF coDE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 12 C. Amended Notices. An amended notice may be issued at any time prior to a hearing without continuance of the hearing date so long as the amended notice does not alter the contents of the original notice to the substan- tial prejudice of any person. d. Notice of Special Procedures. A notice may contain special procedures or requirements which the commission deems appropriate for a particular hearing or set of hearings. e. Speci,,1 Notice Requirements for PSD Area Redesi natisnq. Notices of hearings for PSD area redesig- nations shall also meet the requirements of commission reg- ulation No. 3 , Section IX. f. Continuance ; Cancellation: Reopening of the Record. The commission may cancel or continue any hearing to another date by issuing a written notice at any time prior to the close of the record, or by an announcement at the date, time, and place set for the hearing. The commis- sion may reopen a closed record for additional public com- ment or hearings by issuing a written notice, which need not be published in the Colorado Register . g. Distribution of Notices. Notice of rule- making proceedings shall be mailed by the technical secre- tary to the person or persons who requested the rulemaking, and to all persons who have been placed on the mailing lists. The official notice of rulemaking shall appear in the Colorado Register . 5 . Th�lemaking H a ina. a. When Held: All Views Considered. The com- mission shall hold a public hearing before promulgating any rule or regulation. At that hearing the commission shall afford interested persons an opportunity to submit data, views, or arguments. b. The Role of the Division At the Hearing. The division shall act as staff to the commission in a rulemaking hearing, unless the division elects to have the O61 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS 01984 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 13 right of cross-examination and the commission so states in the formal hearing notice. If requested by the commission, the division shall perform appropriate staff functions including presenting evidence , fairly presenting the participants ' positions on the issues, summarizing evidence and any matters settled at the prehearing conference, and making recommendations. As staff to the commission , the division may cross-examine witnesses only on behalf of, and as directed by , the commission if the Division has not secured the right of cross-examination by election at the time of issuing the formal rulemaking notice. c. The Role of the Attorney General At the gearing. The attorney general represents the commission in a rulemaking hearing and, in so doing, may from time to time aid the division in its role as staff to the commission. d. Cross-Examination by the Public: Row to Secure the Right. The public may qualify to cross-examine witnesses at a rulemaking hearing by proposing a regulation differing from the commission ' s or by submitting an application. (1) As of Right: Deadline for Suhmic ign. Any person proposing a regulation differing from the commission' s proposed regulation shall have the right to cross-examine witnesses at the rulemaking hearing if the differing regulation is filed with the commis- sion not less than twenty ( 20 ) days prior to the hearing. The differing regulation shall be open for public inspection at the commission' s office. ( 2 ) in the Commission ' s Discretion : Deadline for_Reguest. The commission may grant to any person the right of cross-examination if that person has submitted an application requesting that right at least twenty (20) days prior to the hearing. Such application shall include a description of the person's interest in the •rulemaking, name, address, and telephone number. After twenty (20) days prior to the hearing application for the right of cross- examination shall not be considered except upon motion for good cause shown. ce 931061 THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 14 ( 3) partici ation Required at Prehearing Conference , San inn, A person who is entitled to cross-examination or is seeking the right of cross- examination at a hearing shall participate in the pre- hearing conference in person or by written submission, if scheduled. Failure to participate will ordinarily result in the denial or withdrawal of the right to cross-examination. ( 4) Cross-Examination by the Commission, the Attorney General and by anmi e - Staff Witnesses at a rulemakingshearing are subject to cross-examination by or on behalf of the commission. The commission ' s cross-examination will generally be undertaken by the attorney general and by individual commission members. Staff to the commission may also be allowed to conduct cross-examination with leave of the commission. e . Prehearing Procedures. (1) Prehearing Conference and Statement. The commission may specify in its notice of proposed rulemaking, or by additional written notice, that a • prehearing conference will be held. The prehearing conference shall be held not more than twenty (20) nor less than ten (10) days in advance of the hearing, unless the commission for good cause specifies a dif- ferent time. If the commission does not schedule a prehearing conference, any person may request that a prehearing conference be held. (a) Cbjectivea. The objectives of the prehearing conference may include disposal of motions , formulation of stipulations and identification of contested matters and issues to be raised, identification of witnesses and exhibits, determination of the order of presen- tation during the hearing, and any other matters which might be resolved before the hearing. (b) Rulings: ApQealg. A d u 1 appointed committee or member of the commission or hearing officer , or an officer of the commission, may make necessary rulings . A • rrTh • 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS 1061 a1884 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-$4 Page 15 person may appeal an adverse ruling to the commission. (c) Attendance Required To Cross examine 'fearing Witn, gs . Each person propos- ing a regulation differing from the commission's proposal, any person seeking the right of cross- examination, and the division (whether acting as staff to the commission or. as a person proposing an alternative regulation or seeking the right of cross-examination) , shall attend the prehear- ing conference in person or by written submission. Failure to attend will ordinarily result in the denial or withdrawal of the right to cross-examination. (d) ?rehearing Statement : Contents: ,Suhminsion Require. Each person who must attend the prehearing conference, including the division, shall provide one copy to other per- sons attending, and fifteen (15) copies tc the commission, of a prehearing statement containing the following information: I•. (i) A brief summary of that person's position and arguments. (ii) A copy of all exhibits proposed to be introduced ( see Section V. E . 5 . e (1 ) (g) below) , a brief explanation of intended use, and which wit- ness , if any, will discuss the exhibit. (iii) A list of all witnesses who may be called and a brief description of the testimony of each. (iv) • The text of the person' s - regulation which differs from that proposed by the commission, if any. It is strongly recommended that all • written testimony to be presented at the hearing ga 91 O61 I • THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 16 be filed at or before the prehearing conference, but such prefiling is not mandatory. (e) Alternative Filing of Prehearing statement. A person seeking the right of cross- examination but unable to attend the prehearing conference may in lieu thereof file with the technical secretary the specified copies of his or her prehearing statement; including all items specified in Section V.E.5 .e (1) (d) , by the date of the prehearing conference. ( f) amendments and Supplements to prehearing Statement; When Accepted. Prehearing statements may only be amended or supplemented and filed with the commission prior to ten (10) days before the hearing, except for good cause shown. One copy of amendments or supplements shall be mailed to each person par- ticipating in the prehearing conference, whether by attendance or written submittal, or having a right to cross-examination for good cause shown. In addition, fifteen (15) copies shall be filed with the commission. (g) $#lief From Burdensome Copying gnu rements ; Availability of Complete RQsnments. Any person may request from the technical secretary, in advance of a prehearing conference , relief from unduly burdensome or expensive prehearing copying requirements. For example, a person may request leave to submit to the commission or other persons fewer copies of a voluminous document than these rules otherwise require, or to submit only copies of portions of such a document. Such relief may be granted if at least two copies of the entire document are filed with the commission to be made available to the commission and the public. (2) prehearing S_tipulationq. Preheating stipulations are encouraged. They shall recite any matters which have been agreed to or admitted. They shall bind only the signatories to the stipulations. a 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS 061 ''IB84 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 17 (3) prehearing Motions. The commission may require, as part of a prehearing conference or otherwise, that each person submit in advance of the hearing all prehearing motions or requests for rulings that such person intends to make conv :rning the pro- posed rulemaking. Prehearing motions include motions regarding procedures, the scope and nature of the pro- ceedings, requests for subpoenas or requests for pro- duction of documents to be issued by the commission, any other matter that requires a determination by the commission prior to final agency action based on the record, or any matter that may reasonably be disposed of by the commission prior to receiving testimony or other evidence. (4) The Prehearing Order. The results of any prehearing conference, including action on any prehearing motions, shall be embodied in an order pre- pared by the commission or at the commission ' s direction. The prehearing order shall be approved by the person presiding over the prehearing conference. 6. Conduct of Rulemaking Rearinge. a. public Participation Encouraged; Party Status or Right of Cross-Examination Not Required to participate: Rebuttal . The commission encourages the public to participate at rulemaking hearings by making com- ments on proposed rules. Such comments shall be received whether or not a person has submitted a differing rule, applied for the right to cross-examine, or attended a pre- hearing conference. The times at which public testimony will be taken will generally be determined at a prehearing conference , if held, stated in the hearing notice, or determined in the discretion of the commission at the hearing. The presiding officer or the commission may in its discretion provide an opportunity for persons having the right to cross-examination to rebut documents submit- ted, or oral statements made, by. the public. Oaths shall not be required of persons who make statements at rulemak- ing proceedings. b . Plain., Brief and Simple StatementR Fncouraged: Prefiling: Limitations on Cross-Rxamination. The commission encourages witnesses to make plain, brief and simple statements of their positions . It also 'cpi ` 1.061 THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 18 encourages presubmittal of lengthy written statements, with only an oral summary of such a statement at the hearing. The Chairman may limit the length of oral presentations. Cross-Examination should be as concise as possible. The Chairman may prohibit repetitive, irrelevant or harassing cross-examination. c. Order of Presentation. Rulemaking hearings use the following order of presentation: (i) At the beginning of the hearing the presiding officer will summa- rize the contents of the prehearing notice. (ii) A determination will be made as to whether any commission member has a conflict of interest (see appendix A for the procedure to be followed when com- missioners may have a conflict of interest) . • (iii) The division, when acting as staff, will present the basis for the proposed rule and other matters requested by the commission. (iv) The order of other presen- tations will be established at the prehear- ing conference or at the hearing. ) state- ments may be allo n weda g and c t the discre lsing tionof the commission. d. Comments on Proposed Final Rule. Before the commission adopts a rule differing from the published proposed rule, it shall announce to the participants in the public hearing, or if the participants are not present shall notify them in writing, the date of availability of the proposed final rule, statement of basis and purpose, and fiscal statement, with the change (s) , and shall afford 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS 0641 01984 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 18 such participants at least four (4) working days following said availability to submit written comments thereon. 7. The Rulemaking Record. Rules promulgated by the commission shall be based on the rulemaking record. The rule- making record shall consist of proposed and differing rules, evidence, exhibits, other matters presented or considered at the hearing, matters officially noticed, rulings on exceptions, any findings of fact and conclusions of law proposed by any person, and any written comments or brief filed. The commission will ordinarily have rulemaking proceedings taken and transcribed by at court reporter, and such transcript shall be included in the record. 8. Delegation of Commission D isions Dlring Rule- making. The commission may delegate to one or more of its mem- bers the power to rule on motions and objections and to perform other functions described in paragraphs 13 and 14 of the rule- making provision of the APA, Section 24-4-103 , C.R.S. (See appendix B of these procedural rules for a copy of paragraphs 13 and 14 ) . A person may appeal an adverse ruling to she commission. 9. ConflictsCanfaig.t.s_of_InteLeat. The conflicts of inter- est provisions of Section IV of the commission ' s common provi- sions regulation shall apply to rulemaking• actions. (See appendix A.) 10 . Use of Subcommittees During Rulemakinq Jlpl ibera}-ipn9. The commission may use subcommittees to aid in rulemaking deliberations. No evidence outside of the record shall be considered by any such subcommittee. 11. adoption of a Rule. Every rule adopted by the commission shall be accompanied by a fiscal statement and a statement of basis, specific statutory authority, and purpose, and shall be approved by a majority of the commission. In adopting a control regulation the commission must consider the factors listed in Section 25-7-109,' C.R.S. , of the Act. F. Special Additional Procedures for Bearings Finder Section 25-7-105 (2) . C_R.5. The following procedures apply to any hearing governed by an application under Section 25-7-105 (2) , C.R.S. : 931061 THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 20 (i) The hearing date shall be set within fifteen (15) calendar days after the application has been received. (ii) The hearing shall be held not more than ninety ( 90) days following the receipt of the application. (iii) Notice of the hearing shall be printed in a newspaper of general circulation in the area in which the pro- posed project or activity is located or the area which would be affected, as appropriate. (iv) All testimony taken at the hearing before the commission shall be under oath or affirmation. A full and com- plete record of all proceedings and testimony presented shall be taken and filed. The stenographer shall furnish, upon payment and receipt of any fees allowed therefor, a certified transcript of the whole or any part of the record to any party in such hearing requesting the same. (v) Party status in the hearing will be granted pur- suant to the procedures of Section V.G.4. of these regulations. (vi) The commission ' s action on the application shall be made within thirty (30) days after the completion of the hearing. (vii) The applicant shall bear the burden of proof with respect to the justification and the information and analy- sis supporting the application. (viii) The effective date of a regulation, for pur- poses of Section 24-4-103 , C.R.S. , of the APA, shall be twenty ( 20) days after publication of the rule as finally adopted. G. Procedures for Adjudicatory Hearings. This section governs procedures for adjudicatory hearings held by the commission. 1 . Bequests for Adjudicatory Hearings. a. Contents. All requests for an adjudicatory hearing shall contain the following information: (i) Identification of the person requesting such hearing , and an address and telephone number . Arm r. 106•t c CCR 1001-1 THE CODE OF COLORADO REGULATIONS T'19S4 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 21 ( ii) -A statement of the relief requested and a general statement of the factual basis and legal justification for the requested action. (iii) A statement describing the person' s interest in the matter. (iv) An estimate of the time required for the hearing. b. Commission Action; Deadlines. Not less than fifteen (15) calendar days after a hearing has been requested, the commission shall grant or deny the request. If the request is granted the commission shall set a time and place for the hearing, which shall not be more than ninety (90) calendar days following receipt of such request unless some other time period is otherwise specifically provided in the Act or agreed to by the applicant. 2. Formal Notice of Adjudicatory Hearings. a. Contents. All adjudicatory hearings of the commission shall be preceded by written notice containing (i) the time, date, place, and general subject matter of the hearing to be held, (ii) a statement whether a prehear- ing conference is scheduled, and, if so, the time, date, place, and general purpose of the prehearing conference, (iii) a description as to how an interested person may apply to become a party to the proceedings, and (iv) all pertinent filing deadlines. b. Notice of Special Procedures. A notice may contain special procedures or requirements which the commission deems appropriate for a particular hearing or set of hearings. c. Amended Notices. An amended notice may be issued, without continuance of the hearing date, at any time prior to the hearing as long as it does not alter the original notice to the substantial prejudice of any party. • 2331061. THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 22 d. Cancellation: Continuance: Reocening of the Record. The commission may cancel or continue any hearing to another date by issuing written notice at any time prior to the close of the record, or by announcement at the date, time, and place set for the hearing. The record may be reopened after it is closed for further proceedings upon the issuance of written notice. e. Distribution of Notice. The notice shall be mailed by the technical secretary to all persons who have requested to be placed on the commission agenda mail- ing list, to all parties, and to each person who has filed a written request to receive notices from a particular adjudicatory proceeding . f. publication of Notice. Notice of such hearing shall be printed in a newspaper of general circula- tion in the area in which the proposed project or activity is located at least thirty (30) days prior to the date of said hearing. 3 . Use of Hearing Officers. Every adjudicatory hearing granted by the commission shall be conducted by the com- mission or by a hearing officer designated by it. These proce- dural rules shall apply to the hearing officer as if, where appropriate , the term "hearing officer" is substituted for "commission" in these rules. 4 . Party Status: Parties to the Hearing. a. The Division is a Party. The division shall appear as a party in an adjudicatory hearing . b. The Petitioner is a Party. The person who petitioned for the hearing shall appear as a party. c. Applications for Party Status by Others : Deadline,.. The notice of each hearing shall prescribe a _ date by which applications for party status shall be filed. In no event will such date be less then twenty (20) days prior to the hearing. Thereafter, application to be . made a party shall not be considered except upon motion for good cause shown. TM “s '..a4 4 THE CODE OF COLORADO REGULATION 01884 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 23 (1) Contents of Applications. An appli- cation to be made a party in any proceeding must ( i) identify the individual or group applying; (ii) give his or her address and a phone number where the person may be contacted; (iii) give the reasons for seeking party status, the manner in which the person is affected by the proceedings, and an explana- tion of why the person ' s interests are not already adequately represented; and (iv) the general nature of the testimony the person intends to present. d. tow and When Party Status is Granted or Denied. Party status shall be granted by the commission as deemed reasonable and proper, in its sole discretion, to any person who is affected by the proceeding and whose interests are not already adequately represented. Party status may be granted by the commission, a hearing officer, or a designated member of the commission, during the prehearing conference or at any time not less than twenty (20) days prior to the hearing. Upon petition by any party or person requesting party status, a commis- sion designee ' s decision shall be reviewed and a decision entered by the commission. 5 . prehearing Procedures. a. Prehear;ng Conference. A prehearing con- ference may be held to dispose of motions, form stipula- tions and identify contested matters respecting the issues to be raised , identify witnesses and exhibits to be presented by the parties, determine the order of presenta- tion during the hearing, exchange prehearing statements, and settle any other matter which can be resolved before the hearing. • (1) prehearing Conference Held •y Notice or Upon Demand. The commission may specify in the -notice of hearing that a prehearing conference will be held. If the commission does not schedule a prehear- ing conference, any person may request that a prehear- . ing conference be held. A prehearing conference shall be held not more than twenty (20) nor less than ten (10) days in advance of the hearing, unless a later time is scheduled by the commission or its designee. • THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 24 Notice of the prehearing conference will be provided to all parties and persons who have applied to become parties. (2) Rulings: Appeal: A duly appointed committee or member of the commission, a hearing offi- cer , or an officer of the commission may make neces- sary rulings, including rulings on party status. A person or party may appeal an adverse ruling to the commission. (3) Attendance at Prehearing Conference Required: Prehearing Statement: Contents. Each party and each person who has applied to become a party shall attend the prehearing conference, in person or through counsel, and shall present to every other person or party a prehearing statement contain- ing the following information: (i) A brief summary of that person's or party's position and arguments; (ii) A copy of all exhibits proposed to be introduced, a brief explana- tion of their intended use, and which wit- ness will discuss the exhibit; (iii) A list of all witnesses who may be called and a brief description of the testimony of each; ( iv) All written testimony to be presented at the hearing, if possible ; and (v) If required by the notice of the hearing., a proposed "Findings of Fact, Conclusions of Law , Decision and Order. " (4) Amendment of Prehearing Statements. Prehearing statements may be amended or supplemented 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONStiDS 0 06a '1884 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Pap 25 until ten (10) days before the hearing, and thereafter only for good cause shown. One copy of each amendment or supplement shall be mailed to each party. (5) Filing and Distributior of Prehearjnq Statesents. Fifteen copies of prehearing statements, amendments, and supplements shall be filed with the commission at least seven (7) days before the hearing. Any objections to a statement shall be filed in writing at the offices of the commission by the same deadline. Only that portion or portions of tes- timony or exhibits objected to shall be withheld from the full commission pending a ruling on the objection. b. -2rehearing Mntinnri. The commission may require, as part of the prehearing conference or otherwise, that parties submit in advance of the hearing all motions or requests for rulings that the party intends to make with respect to the proceedings. These may include motions regarding procedures, the scope and nature of the proceed- ings, any other matter that requires a determination by the commission prior to final agency action based on the record, or any matter that may reasonably be disposed of by the commission prior to the receipt of testimony or other evidence. c. Discovery: Protective Orders. Any party or applicant for party status may initiate discovery in the form of interrogatories to another party, requests for admission to another party or applicant for party status, requests for production of documents to another party, dep- ositions of any person, or any combination thereof. The APA and, except as may be inconsistent with the specific rules provided herein , the Colorado Rules of Civil Procedure, shall apply. Such discovery may be modified by a motion for protective order filed with the commission within seven (7) days of receipt of the notice or request for discovery. Motions for protective orders shall set forth the grounds in support thereof and shall be ruled upon immediately by the chair, , a designee, or the hearing officer. The period for responding to the discovery is extended for the amount of time from the filing of the motion until action is taken. Discovery shall be completed no later than five (5) days preceding the hearing date, except as otherwise ordered by the chair, a designee, or the hearing officer . • tws '" 931061 THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page "0 d. aubmgenas: Witness Fenix. Subpoenas shall be issued without discrimination between public and private parties by the commission, a designee thereof, the techni- cal secretary of the commission, or the hearing officer. A subpoena shall be served in the same manner as a subpoena issued by a Colorado district court. Upon failure of any witness to comply with such subpoena, the commission may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena. The district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence under penalty of punish- ment for contempt in case of failure to comply. A witness shall be entitled to the fees and mileage provided for a witness in a court of record. e. The Prehearing Order. The results of the prehearing conference shall be embodied in an order pre- pared by the commission or at the commission's direction. The prehearing order shall be approved by the person pre- siding at the conference. f . Sanctions for Failure to Comply With prehearing Procedures. The commission may impose appro- priate sanctions against any party for failure to comply with prehearing procedures. Such sanctions may include denial or withdrawal of party status. 6. Conduct of Adjudi -a ory Hearings. a. The Role of the Attorney General . The attorney general normally represents the division in adju- dicatory hearings. b. presentation of positions : Opening and Closing Statements. Every party shall have the right to present its case by oral and •documentary evidence. The party carrying the burden of proof has the right to submit rebuttal evidence. Opening and closing statements shall be allowed. - •--- - THE CODE OF COLORADO REGULATION T 1 01884 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 27 c. Order of Presentation. The following shall be the order of presentation unless otherwise established at the prehearing conference or by the commission. (i) Determination whether any commission members have a conflict of interest (see appendix A for the procedure to be followed when members perceive that they may have a conflict of interest) ; (ii) Presentation of the find- ings of a hearing officer, if any; (iii) Presentation of the pre- hearing order ; (iv) The opening statement by the party upon whom the burden of proof rests; (v) The opening statements by other parties ; (vi) Presentation of the case-in-chief by the party upon whom the burden of proof rests ; (vii) Presentations by other persons wishing to offer evidence; (viii) Rebuttal by the party upon whom the burden of proof rests; (ix) The closing statement by party upon whom' burden of proof rests; and (x) Closing statements by other parties. 4 9'1061 THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 28 d. Witnesses : Oaths : Cross Examination. Each witness shall take an oath or affirmation before testifying. After a witness has testified, all parties and any commissioner may cross-examine that witness in the order established by the presiding officer . e. phirden of Proof. The proponent of an order has the burden of proof. For example, the division has the burden of proof in proceedings regarding alleged violations of the Act, commission regulations, and permits or orders. An applicant for a permit and the petitioner for an amend- ment to the state implementation plan generally bear the burden of proof . f. Prehearing_ and Posthearing Briefs. The commission may allow hearing briefs to be filed before or after the hearing, by a deadline determined in the prehear- ing notice, at a prehearing conference, or at the hearing. Briefs shall be served on all parties and on the commission. g. public Participation. Public participation may be allowed by the commission or the presiding officer at appropriate times. Persons who testify at the hearing shall be subject to cross-examination. If a witness who is not a party raises new issues or introduces documents con- taining factual matters previously unaddressed and a party requests the opportunity for rebuttal, the presiding offi- cer shall allow an adequate opportunity for rebuttal at the hearing or afterward to the extent necessary to avoid prej- udice to the party. h. peliberations : Use of Subcommittees. The commission may use subcommittees to aid in deliberations. No evidence outside the record shall be considered by any such subcommittee. i. Pecisions : Finding, of Pact and Law: Rased Upon the Record: Deadlines: Regaests for _Rehearing. After due -consideration of written and oral statements, the testimony, and the arguments presented at hearing, the com- mission shall make its findings and order, based upon evi- dence in the record, or make such determination of the matter as it shall deem appropriate consistent with the Act and any rule , regulation, or determination made by the - •--. THE CODE OF COLORADO REGULATICa'&I *1984 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 29 commission pursuant thereto. Unless a time period is otherwise specifically provided for in the Act, such find- ing and order or determination shall be mach within thirty (30 ) calendar days after the completion 01 the hearing. Decisions and orders of the commission shall be final upon issuance. j . Delegation of Authority. The commission may delegate to one or more of its members the power to rule on motions and objections and to perform other func- tions described in paragraph 4 of Section 24-4-105, C.R.S. , o4 the APA (see appendix C of these procedural rules for a copy of paragraph 4) . A party can request a ruling by the entire commission on an adverse ruling. k. the Theasgazzakiranglaraptz. A full and com- plete record of all proceedings and testimony presented at the hearing shall be taken. The stenographer shall fur- nish, upon payment and receipt of any fees allowed there- for, a certified transcript of the whole or any part of the record to any party requesting the same. The record of the hearing shall include all pleadings , applications, evidence , exhibits, and other papers presented or considered, matters officially noticed, rulings upon exceptions, any findings of fact and conclu- sions of law proposed by any party, and any written brief filed. • 1 . Ex Parte Communication Prohibited : Communications to be Directed to Technical Secretary. No ex party communication shall take place during any adju- dicatory proceeding between any party, applicant for party status or other interested person, and the trier •of facts or its designees (i.e. , members of the commission or sub- groups thereof, individual members, or hearing officers who are hearing or may hear the case) , relating to the sub- stance or procedure of the hearing. Requests from parties or applicants for party status for information concerning the proceedings shall be directed to the technical ' secretary. If such communication is procedurally or sub- stantively significant the secretary shall file a descrip- tion of the communication in the record of the hearing. • Air 921061 THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page '+0 1 I VI. DECLARATORY ORnFRS. Pursuant to Section 24-4-105 (11) , C.R. S. , the commission may, in its discretion, review petitions for declaratory orders in order to terminate controversies or to remove uncertainty in the application to a petitioner of provisions of the Act or of any rele- vant statute , rule, regulation, decision, permit, or order . Any order disposing of a petition constitutes final agency action subject to judicial review. If the commission votes to review a petition, it shall issue an order disposing of the petition after notice and an adjudi- catory public hearing which meets the requirements of the APA, the Act, and these rules. The order shall be limited in its scope to those matters necessary to dispose of the petition properly. VII. PUBLIC INFORMATION. A. Distribution of Notices. lndas. and Other Information by the Commission. Mailing lists shall be maintained by the commission. Any person may request that he or she be added to a list. A reasonable annual charge to cover the cost of printing and mailing shall be collected before a person is added to a mailing list. B. ?mission Data Always Pnhlic; Availability of Records of the commission and Division. Records of the commission and divi- sion• shall be available to any person pursuant to the provisions of the Public Records Act, Sections 24-72-101 et seq. , C.R.S. Records will be presumed to be open to public inspection at all times during normal business hours, unless confidentiality for specified material has been secured under a provision of law. Notwithstanding any other provisions of law or regulation, all emission data records shall be available to the public to the extent required by the federal Clean Air Act. C. Confidential Information. Any information relating to secret processes or methods of manufacture or production which may be required, ascertained, or discovered or any other information con- fidential under the Public Records Act, Sections 24-72-101 et seq. , C.R.S. , shall not be publicly disclosed in public hearings or other- wise and shall be kept confidential by any member , officer , or •employee of the commission, or the division. Any person seeking to '• rxc s- 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS *1984 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 31 invoke the protection of this subsection in any hearing shall bear the burden of proving its applicability. VIII. AUTHORTTY. These procedural rules are adopted pursuant to Section 25-7-106 (3) , C.R.S. io. •• 931061 THE CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Page 32 " f'^S flF twr'RQFRT. Ix. 8�'DF"nDTg a - S�_7.xl.T- Commission members shall not participate in decisions of the commis- sion if a real, potential or apparent conflict of interest exists as determined pursuant to Section IV. of the Commission' s Com on sn Provisions Regulation set forth below. For the purposes orules, as used in Section IV. of the Common Provisions Regulation "Air Pollution Control Commission" shall mean the Air Quality Control Commission created by C.R. S. 1973 , 25-7-104 . IV. Ss F1icts of Interes � ( ommiss; on Member . If a member of the Air Quality Control Commission per- ceives he or she has or may have a real, potential,matter apparent conflict of interest regarding any before the Commission he/she shall take one of the following steps: 1 . Disclose the basis of the real, potential , or apparent conflict of interest to the Commission and others in attendance before the discussion or hearing begins or as soon thereaf- ter as he/she perceives there is or may be a real, potential , or apparent conflict of inter- est and disqualify himself/herself from any fur ther participation or voting on the matter at hand; or 2 . Disclose the basis of the real, potential , or apparent conflict of interest to the Commission and others in attendance before the discussion or hearing begins or as soon thereaf- ter as he/she perceives there en conflict or be of e real , potential , or app interest. If the member so disclosing the con- flict of interest or possible conflict of inter- est does not disqualify himself/herself from further participation on the matter with which there is or may be a conflict of interest, the Chairman will ask for comments from any members, parties, or public present, and the Commission after appropriate discussions , will vote on whether there is or is not a conflict of inter- est and the member will be bound by their vote. If the Commission determines that there is a conflict, such member shall be disqualified from further participation or voting on the matter at hand. clE c rro inn .1 THE CODE OF COLORADO REGULATIONS .`1984 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 33 Members of the public, parties to the matter at hand, or other Commission members may raise the issue of conflict of interest of members of the Commission. Procedure 2 above will then be followed. This Appendix A is Section IV of the Common Provisions Regulation edited to reflect repeal of the Hearings Board from the Colorado Air Quality Control Act (S.B. 12 , 1984 Session of the Colorado General Assembly) . • • W A THE CODE OF COLORADO REGULATIONS 931061 5 CCR 1001-1 Page 34 X. APPENDIX B - C.R.S. 2A-4-103 (13) AND (14) . (13 ) Any agency conducting a hearing shall have authority on its own motion or upon the motion of any interested person for good cause shown to: administer oaths and affirmations; sign and issue subpoenas ; regulate the course of the hearing, set the time and place for continued hearings , and fix the time for the filing of appropriate documents ; take depositions or have depositions taken; issue appropriate orders which shall control the subsequent course of aof the proceedings ; and take any other action authorized by ac ncy consistent with this article. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their number to perform the functions of this subsection (13) and subsection (14 ) of this section as can best be performed by one person only, and thereafter such person only shall perform those functions which are assigned to him by the several persons conducting such hearing. ( 14 ) Subpoenas shall be issued without discrimination between public and private parties by any agency or any member, the secretary or chief administrative officer thereof, or, with respect to any hearing for which a hearing officer has been appointed, the hearing officer . A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of on aany witness hedis si to comply with such subpoena, the agency may p etiticourt, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books , records , or other evidence, under penalty of fh order punishment tr o for contempt in case of contumacious failure to comply t f the court. A witness shall be entitled to the fees and mileage pro- vided for a witness in sections 13 -33 -102 and 13 - 33 -103 , C.R.S. 1973 . 5 CCR 1001-1 THE CODE OF COLORADO REGULATIONS 061. 01986 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 7CR7,7-84 Page 35 XI . APPENDIX C - C.R.S. 24-4-105 (4) . (4) Any agency conducting a hearing and any hearing offi- cer shall have authority to: administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof and receive evidence; dispose of motions relating to the discovery and production of rele- vant documents and things for inspection, copying, or photographing; regulate the course of the hearing, set the time and place for con- tinued hearings , and fix the time for the filing of briefs and other documents; direct the parties to appear and confer to consider the simplification of the issues, admissions of fact or of documents to avoid unnecessary proof , and limitation of the number of expert wit- nesses; issue appropriate orders which shall control the subsequent course of the proceedings; dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to dismiss without prej- udice applications and other pleadings; dispose of motions to inter- vene, procedural requests, or similar matters; reprimand or exclude from the hearing any person for any improper or indecorous conduct in his presence ; and take any other action authorized by agency rule consistent with this article or in accordance to the extent practica- ble, with the procedure in the district courts. All parties to the proceeding shall also have the right to cross-examine witnesses who testify at the proceeding. In the event more than one person engages in the conduct of a hearing, - such persons shall designate one of their number to perform such of the above functions as can best be performed by one person only, and thereafter such person only shall perform those functions which are assigned to him by the several per- sons conducting such hearing. THE CODE OF COLORADO REGULATIONS 5 C , DQag! VU MR9V Ty CVi y( i 1' Clovk Page 14 A_ P DICA -cti2--K R. Emergency Rules J C S n J�� 1) A temporary or emergency rule may be adopted without compliance with the procedures prescribed in this section and with less than 20 days notice (or where circumstances imperatively require, without notice) where the Commission finds that immediate adoption of the rule is imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare and compliance with the requirements of this section would be contrary to the public interest. such iinaings and a statement of the reasons for the action shall be published with the rule. A temporary or emergency rule shall become effective on adoption or on such later date as is stated in the rule, shall be published promptly, and shall have effect for not more than three months from the adoption thereof, unless made permanent by compliance with this section; provided, that any emergency rule relating to water quality classifications or standards or control regulations may be effective for a specified period longer than three months, but not longer than one year, if the Commission determines that such longer period is necessary to complete rulemaking pursuant to section 24-4-103, C.R.S., to reconsider the emergency rule. 2) Pursuant to section 25-8-208, C.R.S. the Commission may conduct emergency rulemaking in accordance with C.R.S. 24-4-103(6), to consider the adoption of an interim water quality standard to apply in place of an existing water quality standard for a specified period of time, not to exceed one year, whenever the Commission finds, in its discretion, that the petitioner has established exigent circumstances which warrant the emergency action. 2.1.4. Adiudicatory Procedures A. Applicability • 1) In order to assure that all parties to any formal adjudicatory proceeding of the Commission or the Division are accorded due process of law, the provisions of this section shall be applicable, except in the event of a conflict with the specific provisions of these regulations applicable to special adjudicatory proceedings, (section 2.1.6 et !.), in which case the latter shall prevail. 2) The Commission shall provide the opportunity for a formal public adjudicatory hearing in the following cases: a) Appeals of variance decisions made by the Division pursuant to section 25-8-401(5), C.R.S. which do not involve discharge permit conditions required by the federal act, including but not limited to conditions required by control regulations but not mandated by the federal act, except where a hearing on such appeal is denied by the Commission pursuant to section 2.1.9 of these regulations; 061 ' 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS C 1988 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 11C{Z(2, 12-88 Page 15 b) Appeals of the determination of civil penalties by the Executive Director or his designee pursuant to C.R.S. , 25-8-608; c) Appeals of decisions of the Division concerning approval of the site locations or designs of domestic wastewater treatment works pursuant to C.P..S. , 25-8-702. d) Appeals of decisions with respect to 401 certifications, pursuant to C.R.S. , 25-8-302(1)(f) , e) Appeals of final determinations by the Division on notices of alleged violations which do not deal with surface water discharge permits or portions thereof, pursuant to section 2.11.1 (D) of these rules. 3) The Division shall provide the opportunity for a formal public adjudicatory hearing in the following cases: a) Adjudications of discharge permits issued pursuant to C.R.S. 1973, 25-8-501 through 504 including major permit modifications as specified in section. 2.1.7 (B) of these regulations. b) Upon request of the permit applicant or permittee or any aggrieved person, review of technology—based effluent limitations based on best professional judgment (BPJ) , in accordance with C.R.S. , 24-4-105, C.R.S. , these Procedural Rules and section 6.8.0 of the Discharge Permit Regulations, 5 CCR 1002-2. Said hearing shall be held as part of a hearing requested to challenge the conditions of the permit under section 2.1.7 of this regulation. The necessity of effluent limitations based on best professional judgment, as well as the reasonableness of the effluent limitation, considering all the factors enumerated in section 6.9.2(1) (b) of the permit regulations (5 CCR 1002-2), must be supported by substantial evidence. c) Notices of alleged violations, pursuant to C.R.S., 25-8-602 and 603. B. Requests for Adjudicatory Hearings 1) All requests for adjudicatory hearings must be timely filed pursuant to these regulations and applicable statutory requirements (see, e.g. , 5 CCR 1002-2, Discharge Permit Regulations, 5 CCR 1002-12, Site Application Regulations; C.R.S. , 25-8-603 regarding notices of violation.) ''C 921061 T. rni nnenrl PFfULATIONS 5 CCR 1002-1 Page 16 2) All requests for adjudicatory hearings shall contain the following information: a) Identification of the person(s) requesting the hearing and the subject matter of the request; b) The statutory and regulatory authority that forms the basis for the request; c) The basis upon which the applicant believes the Commission or the Division has committed error with respect to subject matter of the request; and d) An estimate of the time that will be required for the hearing. C. Notice 1) All formal adjudicatory hearings of the Commission and the Division shall be preceded by written notice thereof in accordance with the requirements of this section. 2) Any person entitled .to notice of a hearing, including the petitioners, those persons on the mailing list maintained by the Division pursuant to C.R.S., 25-8-302(1)(e), and any person requesting notice as to a particular matter, shall be given timely notice of the time, place, nature of the hearing, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted. 3) Unless otherwise provided by law, such notice shall be served personally or by mailing by first-class mail to the last address furnished the Commission or the Division by the person to be notified, at least 20 days prior to the hearing. 4) In fixing the time and place for a hearing due regard shall be had for the convenience and necessity of the parties and their representatives. 5) Public notice may contain requirements with respect to special procedures, including requirements for written testimony, which the Commission or the Division deems appropriate as to any particular adjudicatory proceeding. 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS 061 O 1988 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 11CR12, 12-88 Page 17 6) An amended notice may be issued by the Commission or the Division at any time prior to the hearing without necessitating a continuance of the hearing date, provided the original notice is not substantially altered to the prejudice of any party. If an amendment is substantial and prejudicial, the hearing date shall be continued to an appropriate date as determined by the Commission or the Division. 7) The Commission or the Division may continue a hearing to another date by issuing written notice to that effect at any time prior to the close of the record, or by announcement at the date, time, and place of the original hearing. D. Party Status 1) The notice issued pursuant to section 2.1.4.(C) of these regulations shall prescribe a date by which application for party status shall be filed, which will not be less than fifteen (15) days prior to the hearings. Thereafter application to be made a party shall not be granted except upon motion and for good cause shown. Any person who requests an adjudicatory hearing shall be granted party status and need not apply therefor. 2) A person who may be affected or aggrieved by the agency action shall be admitted as a party to the proceeding upon filing a timely written request therefor and 15 copies, in accordance with the requirements of this subsection. 3) . Application to be made a party shall set forth a brief and plain statement of the reasons for seeking party status, the facts which entitle such person to be admitted, and the matters which such person claims should be decided. In addition it should contain a description of the general nature of the evidence to be presented in the course of the proceedings. 4) Party status may be granted by the Commission or its designee, or by the Division or its designee. Party status may be granted at the pre—hearing conference or other appropriate time prior to the hearing. 5) The Division shall automatically be a party in adjudicatory proceedings before the Commission in which it participates. In hearings held by the Division, whether or not conducted by a hearing officer as provided in C.R.S. 1973, 25-8-401(4), the Division shall not be a party; however staff of the Division may participate as if an adversary in any such proceedings, with all the rights of a party, upon approval of the person conducting the hearing, when it is deemed appropriate for the establishment of an adequate record. ' PAC ' , 4 9 ,106'1. T. THE CODE OF COLORADO REGULATIONS 5 CCR 1002-1 Page 18 6) Nothing in this subsection shall prevent the Commission or the Division from admitting any person as a party to any proceedings for limited purposes. E. Prehearing Conference 1) The Commission or the Division may specify in the notice of hearing that a prehearing conference will be held. If not, any person who has applied to become a party or the hearing officer or his counterpart, may request in writing a prehearing conference to be held not less than 10 days in advance of the hearing unless otherwise determined by the Commission or the Division or by their respective designees. Notice of any such request shall be served upon all other persons who have applied to become parties. A duly appointed committee of the Commission, the administrator or the chairperson of the Commission, the administrator or the chairperson of the Commission, the Division director, or a duly-appointed hearing officer may preside at any prehearing conference. 2) At any pre-hearing conference each party or applicant for party status shall present one copy to every other party or applicant for party status, (one [1] copy to the hearing officer, as appropriate) , and for hearings before the Commission, 15 copies to the Administrator of the Water Quality Control Commission, who shall distribute them to the Water Quality control Commission, the Assistant Attorney(s) General, and the Director of the Water Quality Control.Division, of a prehearing statement, which shall contain the following: a) A specific statement of the factual and legal claims asserted; b) Copies of all exhibits to be introduced at the hearing; c) A list of witnesses to be called and a brief description of their testimony; d) Proposed findings of fact and conclusions of law; and • 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS 01988 THE PUBLIC RECORD CORPORATION liCR12, 12-88 Page 19 ALL RIGHTS RESERVED e) All written testimony to be offered into evidence at the hearing. 3) The object of the prehearing conference may include the formulation of stipulations respecting the issues to be raised, and witnesses and exhibits to be presented by the parties. The parties should make known at the prehearing conference any objections to the procedures or evidence that may be raised at the hearing. Stipulations may be made at the prehearing conference to reflect any matters which have been agreed to or admitted by the parties. A prehearing order shall be prepared by the person conducting the prehearing conference, or at his/her direction by any party, based upon the prehearing conference, which shall reflect any ruling made by the Commission or the Division with respect to procedures to be followed at the hearing or any other matter. 4) Any additional documentation to be submitted after the prehearing conference as permitted by these regulations shall be delivered to the Commission Office within 5 working days after the prehearing conference unless otherwise provided in the notice of hearing or by the chairperson of the prehearing conference. F. Motions The Commission or the Division may require that as part of the prehearing conference or otherwise, parties shall submit in advance of the hearing all motions or requests for rulings that a party intends to make with respect to the proceedings. These shall include motions regarding procedures, the scope and nature of the proceedings, or any other matter that requires a determination by the Commission or the Division prior to final agency action based on the records, or any matter that may reasonably be disposed of by the Commission or the Division prior to the receipt of testimony or other evidence. eg 931061 THE CODE OF COLORADO REGULATIONS 5 CCR 1002-1 Page 20 Discovery 1) The Commission or its staff, the Division or any party to an adjudicatory hearing may take depositions and fix the time and place therefore. Such persons may also engage in the other forms of discovery provided by the Colorado rules of civil procedure, to the extent that time is available prior to the hearing for such discovery. 2) The Commission, the Division, or a duly—appointed designee may dispose of motions relating to discovery. 3) Discovery shall be completed no later than five (5) days prior to the hearing date, except as otherwise ordered by the Commission, the Division, or a duly—appointed designee. Any notice of hearing issued in accordance with section 2.1.4. (C) shall be valid, and the hearing may proceed, regardless of whether the period between notice and hearing is sufficient to enable all • discovery to be completed. H. Subpoenas Subpoenas shall be issued without discrimination between public and private parties by the Commission or the Division. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the Commission or the Division may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena; in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court. A witness shall be entitled to the fees and mileage provided for a witness in a court of record. 1, Hearing Officers 1) The Commission or the Division may designate a hearing officer pursuant to part 10 of article 30 of title 24, C.R.S. , subject to appropriations made to the Department of Health. When appropriate, the hearing officer may be an employee of the Department of Health or a member of, or the administrator of, the Commission, except that no person engaged in conducting a hearing or participating in a decision or an initial decision shall be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigatory or prosecuting functions for the agency. )24 61 I 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS o 1988 THE PUBLIC RECORD CORPORATION 11CR12, 12-88 page 21 ALL RIGHTS RESERVED 2) Upon the filing in good faith by a party of a timely and sufficient affidavit of personal bias of a decision—maker the hearing officer, the Commission or the Division shall forthwith rule upon the allegations in such affidavit as part of the record in the case. A hearing officer may at any time withdraw for any good reason in which case another hearing officer may be assigned to continue the case, and he shall do so in such manner that no substantial prejudice to any party results therefrom. A member of the Commission, the Division employee conducting a hearing, or the administrator of the Commission if conducting a hearing, may withdraw for any like reason and in like manner, unless such withdrawal makes it impossible for the agency to render a decision. J. Conduct of Hearings 1) The Commission or the Division or any duly authorized designee conducting a hearing shall have authority to administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof and receive evidence; dispose of motions relating to the discovery and production of relevant documents and things for inspection, copying, or photographing; regulate the course of the hearing, set the time and place for continued hearings; and fix the time for the filing of briefs and other documents; direct the parties to appear and confer to consider the implication of the issues, admissions of fact or of documents to avoid unnecessary proof, and limitation of the number of expert witnesses; issue appropriate orders which shall control the subsequent course of the proceedings; dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any ground; dispose of motions to amend or to dismiss without prejudice applications and other pleadings; dispose of motions to intervene, procedural requests, or similar matters; reprimand or exclude from the hearing any person for any improper or indecorous conduct in his or her presence; and take any other action authorized by agency rule consistent with the APA or in accordance, to the extent practicable, with the procedure in the district courts. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their members to perform such of the above functions as can best be performed by one person only, and thereafter such person only shall perform those functions which are assigned to him or her by the several persons conducting such hearing. 2) All parties to the proceeding shall have the right to cross-examine witnesses who testify at the proceeding to the extent necessary for a full and true disclosure of the facts, and to make objections at the proceedings. Ith 91061 THE CODE OF COLORADO REGULATIONS 5 CCR 1002-1 Page 22 3)(a) In hearings before the Commission or the Division with respect to any alleged violation of a control regulation, permit or order, or the imposition of a civil penalty, the burden of proof shall be upon the Division. (b) In hearings on orders or deteminations of the Division concerning 401 certifications under C.R.S. , 25-8-302(1)(f) , variances, site locations, or the design of domestic wastewater treatment works, the burden of proof shall be upon the person requesting the hearing. (c) In hearings on variance decisions by the Division which do not involve discharge permit conditions required by the federal act, the variance applicant shall bear the burden of proof. (d) In hearings on discharge permits, the burden of proof shall be assigned in accordance with the requirements of section 6.8.0(4) of the "State Discharge Permit System" regulations. 4) Every party to the proceeding shall have the right to present its case or defense by oral and documentary evidence and to submit rebuttal evidence. Where a hearing will be expedited and the interests of the parties will not be substantially prejudiced thereby, a person conducting a hearing may receive all or part of the evidence in written form. 5) The rules of evidence and requirements of proof shall conform, to the extent practicable, with those in civil nonjury cases in the district courts. However, when necessary to do so in order to ascertain facts affecting the substantial rights of the parties to the proceedings, the person so conducting the hearing may receive and consider evidence not admissible under such Rules if such evidence possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. The person conducting a hearing shall give effect to the rules of privilege recognized by law. He or she may exclude incompetent and unduly repetitious evidence. Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available, but, upon request, the party shall be given an opportunity to compare the copy with the original. a A 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS 01988 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 11CR12, 12-88 Page 23 6) The Commission or the Division may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it. 7) The Commission or the Division may take notice of general, technical, or scientific facts within its knowledge, but only if the fact so noticed is specified in the record or is brought to the attention of the parties before final decision and every party is afforded an opportunity to controvert the fact so noticed. 8) Any party, or the agent, servant, or employee of any party, permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and at his or her own expense, but a person may appear for himself. An attorney who is a witness may not act as counsel for the party calling him or her as a witness. Any party, upon payment of a reasonable charge therefor, shall be entitled to procure a copy of the transcript of the record or any part thereof. Any person permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and, upon payment of a reasonable charge therefor, to procure a copy of the transcript of his or her testimony if it is recorded. 9) Prompt notice shall be given of the refusal to accept for filing or the denial in whole or in part of any written applications or other request made in connection with any agency proceeding or action, with a statement of the grounds therefor. 10) The hearing officer shall cause the proceedings to be recorded by a reporter or by an electronic recording device. When required, the hearing officer shall cause the proceedings, or any portion thereof, to be transcribed, the cost thereof to be paid by the agency when it orders the transcription or by any party seeking to reverse or modify an initial decision of the hearing officer. If the agency acquires a copy of the proceedings, its copy of the transcription shall be made available to any party at reasonable times for inspection and study. 11) The presiding officer may allow the parties to submit evidence not previously submitted under pre—hearing conference procedures, but only for good cause shown, such as where necessary for purposes of rebuttal. 12) All hearings shall be conducted in the following order unless otherwise directed by the Commission or its designee: ADS 9"1961. THE CODE OF COLORADO REGULATIONS 5 CCR 1002-1. Page 24 a) Call to order, introductory remarks, and action on applications for party status; b) Presentation of any stipulations or agreements of the parties, pre-hearing statements, proposed findings of fact, proposed conclusions of law, the prehearing order, and any other matter which was addressed at the pre-hearing conference; c) Opening statement by the party upon whom the burden of proof rests; d) Opening statements by all other parties; e) Presentation of case-in-chief by party upon whom burden of proof rests; f) Presentation by all other parties wishing to offer evidence in the order to be determined by the chairperson or the presiding officer at the hearing; g) Rebuttal by the party upon whom the burden of proof exists; h) Closing statement by party upon whom the burden of proof rests; i) Closing statements of all other parties; j) At the conclusion of any witness's testimony, or at the conclusion of the party's entire presentation, as may be determined by the hearing officer, chairperson, or presiding officer, all other parties may then cross examine such witness or witnesses. The order of cross examination shall be determined by the hearing officer, chairperson or the presiding officer. The Commission or the Division by themselves or through counsel may examine any witness called by any party. k) At the discretion of the hearing officer, chairperson, or presiding officer, any person, not a party to the proceedings who wishes to present testimony may do so by indicating his or her desire in writing. A sign-up form will be available prior to and during the hearing. Voluntary testimony not specifically requested per the written form may still be allowed. The parties shall be given an opportunity to respond to non-party evidence in a manner deemed appropriate by the presiding officer to avoid prejudice. ' • r1 sipps 5 CCR 1002-1 THE CODE OF COLORADO REGULATION&rt3 C 1988 THE PUBLIC RECORD CORPORATION )_ICRI2, 12-88 Page 25 ALL RIGHTS RESERVED 1) All briefs and memoranda of law which counsel choose to file shall be served on the Commission, Division, or their designees and all parties and persons who have applied for party status five (5) days prior to the hearing, unless otherwise specified. 13) No ex parte communications with or by the trier of facts or its designee may occur during the pendency of an adjudicatory proceeding, but the Commission or the Division by letter, copy to all parties, may request that certain information be provided to them or that certain tasks shall be performed. 14) The agency, after receipt of the evidence, may allow or require parties to present oral or written summations of the facts and the law, or both, either at the hearing or subsequent thereto, as deemed appropriate. K. Final Agency Action 1) The agency shall proceed with reasonable dispatch to conclude any matter presented to it with due regard for the convenience of the parties or their representatives, giving precedence to rehearing proceedings after remand by court order. 2) The decision by the agency or initial decision by a hearing officer shall be based on the record. The record shall include: All pleadings, applications, evidence, exhibits and other papers presented or considered, matters officially noticed, rulings upon exceptions, any findings of fact and conclusions of law proposed by any party, and any written brief filed. 3) In any case in which the agency has conducted the hearing, the agency shall prepare, file, and serve upon each party its decision. In any case in which a hearing officer has conducted the hearing, the hearing officer shall prepare and file an initial decision which the agency shall serve upon each party, except where all parties with the consent of the agency have expressly waived their right to have an initial decision rendered by such hearing officer. Each decision and initial decision shall include a statement of findings and conclusions upon all the material issues of fact, law, or discretion presented by the record and the appropriate order, sanction, relief, or denial thereof . In the absence of an appeal to the agency by filing exceptions within thirty days after service of the initial decision of the hearing officer upon the parties, unless extended by the agency, or a review upon motion of the agency within thirty days after service of the initial decision of the hearing officer, every such initial decision of a hearing officer shall thereupon become the decision of the agency. In such case the evidence taken by the hearing officer need not be transcribed. :$2 1.O6t no THE CODE OF COLORADO REGULATIONS 5 CCR 1002-1 Page 26 4) Any party who seeks to reverse or modify the initial decision of the hearing officer shall promply file with the agency a designation of the parts of transcript of the proceedings which shall be prepared and advance the cost therefor. A copy of this designation shall be served on all parties. Within ten days thereafter, any other party or the agency may also file a designation of additional parts of the transcript of the proceedings which is to be included and advance the cost therefor. The transcript or the parts thereof which may be designated by the parties or the agency shall be prepared by the reporter or, in the case of an electronic recording device, the agency and shall thereafter be filed with the agency. No transcription is required if the agency's review is limited to a pure question of law. The agency may permit oral argument. The grounds of the decision shall be within the scope of the issues presented on the record. The record shall include all matters constituting the record upon which the decision of the hearing officer was based, the rulings upon the proposed findings and conclusions, the initial decision of the hearing officer, and any other exceptions and brief filed. 5) The findings of evidentiary fact, as distinguished from ultimate conclusions of fact, made by the hearing officer shall not be set aside by the agency on review of the hearing officer's initial decision unless such findings of evidentiary fact are contrary to the weight of the evidence. The agency may remand the case to the hearing officer for such further proceedings as it may direct, or it may affirm, set aside, or modify the order or any sanction or relief entered therein, in conformity with the facts and the law. An order, permit, sanction, relief, or the equivalent or denial thereof which constitutes final agency action shall include a list of all parties to the agency proceeding and shall specify the date on which the action becomes effective. 6) Each decision and initial decision shall be served on each party by personal service or by mailing by first-class mail to the last address furnished the agency by such party and shall be effective as to such party on the date mailed or such later date as is stated in the decision. 2.1.5. Business Meetings and Informal Hearings A. Business Meetings 1) The Commission shall hold regularly scheduled meetings as required by the Act for the conduct of its business, and such meetings are not subject to the requirements of the APA. 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS w 06l O IfS THE PUBUC RECORD CORPORATION ALL RIGHTS RESERVED 11CR12, 12-88 Page 27 2) Dates for such meetings shall be set by agreement of the Commission members. 3) Agendas for such meetings shall be published and mailed to the Commission members and all persons on the mailing list required to be kept by section 302(1)(e) of the Act, at least five (5) days prior to each meeting. 4) The proceedings of all such meetings shall be taped or otherwise recorded. 5) The chairperson of the Commission, an officer of the Commission, or a duly—appointed member of the Commission shall preside at each business meeting. 6) Business meetings should be conducted in accordance with Robert's Rules of Order—Revised but may proceed on an informal basis. 7) At business meetings the Commission may, in addition to other business, receive reports from the Division, the Administrator, or the Attorney General, or any other person in the discretion of the Commission. Any person seeking Commission action on any matter not already included on the agenda shall submit such matter to the Commission at least seven (7) days prior to the meeting. Matters submitted beyond this deadline shall be considered at the next subsequent meeting, unless the Commission determines for good cause shown that the matter should be acted upon immediately. 8) All business meetings of the Commission shall be open to the public. However, the Commission may, in accordance with the Public Meetings Law, the Public Records Act, or as otherwise provided by law, exclude the public from attendance with respect to specific individual matters. 9) Members of the public may participate in business meetings in an appropriate manner as determined by the Commission in its discretion. B. Informal Hearings The Commission may conduct informal hearings not subject to the requirements of the APA, the Act, or sections 2.1.3 and 2.1.4 of these regulations in order to solicit information from the public with respect to specified matters in order to consider for adoption interpretive rules or statements of policy not intended to be binding, or for such other purposes as may be appropriate. The Commission shall determine the procedures to be followed for such hearings on a case—by—case basis. • pmC 921061 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS Page 28 2.1.6 Appeals from Decisions of the Division Under Section 702 of the Act (Site Locations, Designs for Construction or Expansion) A. The Division shall review site applications and designs for the construction of domestic wastewater treatment works or the enlargement of the capacity of an existing domestic wastewater works, in accordance with section 702 of the Act and the regulations promulgated thereunder, 5 CCR 1002-13, section 2.2.0 et seq. The Division shall not conduct hearings pursuant to section 221.'+ of t! eso regulations with respect to such matters. B. Decisions by the Division on site applications or facility designs must be appealed to the Commission by any person adversely affected or aggrieved as a prerequisite to the right of judicial review pursuant to the APA. The appeal shall be made in writing to the office of the administrator of the Commission and be postmarked no later than thirty (30) days after the date of the mailing of the agenda notice of the Division action. Within sixty (60) days of the filing of the appeal the II Commission shall commence a hearing to consider such appeals in accordance with section 105 of the APA and section 2.1.4 of these regulations. If appeal is made to the Commission, the decision shall be made in accordance with the criteria specified in section 2.2.5 of the regulations for site applications. 2.1.7 Hearings on Discharge Permits A. Discharge permits required by section 501 of the Act shall be issued in accordance with the procedures specified in part 5 of the Act, section 105 of the APA, the discharge permit regulations, 5 CCR 1002-2, and section 2.1.4 of these regulations. In the event of a conflict between these regulations and the discharge permit regulations, the latter shall prevail. B. A permittee requesting a major modification of its permit is entitled to a hearing pursuant to section 105 of the APA, where the Division determines that the request is based upon information which was not reasonably available at the time of permit issuance or within thirty (30) days thereafter. C. 1) Any applicant for a renewal permit may appeal the action of the Division on such permit to a hearing officer in accordance with section 24-4-105. 2) Following the filing of the appeal and within 30 days of the issuance of the renewal permit, the applic:sac may request that the Division stay the contested terms and conditions of the permit. The Division shall act upon the stay request within 10 days of its receipt and shall grant the request if it reasonably appears that serious harm would otherwise result and refusal to grant a stay would be without sufficient corresponding IL public benefit. /' 1 a1 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS ' o 1988 THE PUBLIC RECORD CORPORATION 11CR12, 12-88 Page 29 ALL RIGHTS RESERVED 3) Any stay granted pursuant to this section shall expire upon action by the hearing officer under section 24-4-105. During the period of the stay the terms and conditions of the prior permit corresponding to the contested terms and conditions of the renewal permit shall be effective and enforceable. 4) The decision to grant or deny a stay shall be subject to determination pursuant to C.R.S. 25-8-404(4) . D. If the Division issues a temporary permit pursuant to section 25-8-502(5) (a) (I) of the Act and section 6.10.1 of the Permit Regulations, the permit applicant may appeal the decision of the Division with respect to the temporary permit in accordance with section 2.1.4.A(3) (a) of these regulations. E. If an existing or temporary permit is extended by operation of section 25-8-502(5)(a)(I) of the Act and Section 24-4-104 of the APA, public notice of the permit extension shall be given. 2.1.8 Stream Standards and Classification Hearings pursuant to C.R.S. 25-8-207 A. Substantive requirements relating to reviews pursuant to section 25-8-207, C.R.S. , are set forth in the Basic Standards and Methodologies for Surface Water, section 3.1.6 (3)(b). B. Hearings for review of existing stream standards and classifications pursuant to section 25-8-207 of the act shall be subject to the notice and hearing requirements required for stream standard setting and use classification hearings provided in section 2.1.3.M(1) and (2) of these regulations. Rulemaking hearings with respect to classifications and standards adopted prior to June 4, 1985, under this section shall be held as soon as practicable consistent with the requirements of the Commission' s procedural regulations. C. The petitioner for review under section 25-8-207 of the Act shall bear the burden of proof. The petition shall include allegations which, if proven, are sufficient to support a finding pursuant to section 25-8-207 of the Act and section 3.1.6(3)(b) of the Basic Standards and Methodologies for Surface Water, 5 CCR 1002-8, along with an alternative standard or classification and a statement of Basis and Purpose for the alternative proposal. Except as provided in this section all petitions for review under this section shall comply with the requirements for proposals for rulemaking under section 2.1.3.B of these regulations. Lto 921061. THE CODE OF COLORADO REGULATIONS 5 CCR 1002-1 Page 30 D. Upon petition for a review under section 25-8-207, the Commission shall, in addition to public notice, give notice to all dischargers on the segment to be reviewed and other interested persons of which it has actual knowledge that the segment stream standards and use classifications shall not again be reviewed under section 25-8-207 until triennial review under section 25-8-202 C.R.S. , except upon the Commission's own motion. All dischargers on the affected segment and all other interested persons shall be entitled to participate in the review as provided in section 2.1.3 of these regulations. E. Except as provided in this section, hearings under this section shall be held in accordance with the requirements of section 2.1.3 of these regulations. 2.1.9 Hearing on Variance Requests A. The Division may grant variances from control regulations or from discharge permit conditions pursuant to the authority granted in sections 205(6) , 401(5) and 503(9) of the Act. The Division may grant a variance from otherwise applicable requirements only to the extent authorized in the federal act or implementing regulations. B. Any request for a variance with respect to a permit condition shall be made within thirty (30) days after issuance by the Division of the final permit. A request for a variance from any other application of a control regulation shall be made within thirty (30) days of legal notice by the Division of the regulation or prior to the operation of any new or expanded facility which would be affected by the control regulation. A variance may also be sought within thirty (30) days of facts becoming available which were not reasonably available to the applicant prior to that time, or upon application to the Commission for good cause shown. Within thirty (30) days of receipt of an application that good cause exists for the timing of a late request, the Commission shall place the issue on the agenda of its next meeting as a regular business item. If the Commission determines that good cause has been shown, the variance application shall be disposed of in accordance with the requirements of subsections C through G of this section. If the Commission determines that good cause has not been shown, no further action will be taken on the application for a variance, and the Commission's determination shall be deemed final agency action subject to judicial review. A i 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS ©I%S THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 11CR12, 12-88 page 31 C. At least 20 days prior to its determination with respect to any variance request the Division shall provide the applicant with all objections to the granting of the variance and any other substantial adverse comments, as well as its proposed decision on the variance request. The applicant shall be given 10 days to respond to all objections, comments, and the proposed decision. The Division shall provide reasonable opportunity to the applicant and interested persons for informal meetings to discuss the variance request. The Division shall not conduct public hearing with respect to any variance. D. In the case of a variance being granted prior to the final permit being issued, the Division shall publish for public notice and comment pursuant to section 25-8-401(5)(B) of the Act the entire draft permit with the variance incorporated therin. In the case of a variance granted after a final permit has been issued, the Division shall publish for public notice and comment pursuant to section 25-8-401(5)(B) of the Act the variance as a proposed modification to the permit. Variance decisions of the Division which involve discharge permit conditions required by the federal act shall be subject to review by a hearing officer pursuant to section 2.1.4 of these regulations. Said hearing shall be held as part of any challenge to the conditions of a final discharge permit issued by the Division. Variance decisions of the Division which do not involve discharge permit conditions required by the federal act may be reviewed by the Commission upon the Commission's own motion or upon motion of the Division or any interested person. Such motion shall be filed within 45 days after each variance decision by the Division which does not involve discharge permit conditions required by the federal act, and upon such motion the Commission shall place the variance decision on the agenda for its next meeting as a regular business item. At that meeting the Commission shall determine whether to set and adjudicatory hearing on the variance decision. In making that determination, the Commission shall consider the following: 1) the interest in the decision of the person requesting the hearing; 2) the adequacy of the variance applicant's opportunity to support its application before the Division; 3) the adequacy of the variance applicant's opportunity to respond to objections, adverse comments, and the Division's proposed decision; Plc ° 931061 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS Page 32 4) the adequacy of the opportunity for interested persons to present their views to the Division; 5) the availability of informal meetings with the Division; 6) the fiscal and administrative burdens of providing an adjudicatory hearing; 7) the value of the additional procedural safeguards afforded by an adjudicatory hearing such as cross—examination. Disputes as to facts pertaining to the applicant, as opposed to policy matters, may be more appropriate for resolution in an adjudicatory hearing. 8) Whether the Commission has jurisdiction pursuant to the Colorado Water Quality Control Act and the federal act to conduct an adjudicatory hearing and render a decision or the issue. E. Where the Commission decides to review a decision of the Division that does not involve discharge permit conditions required by the federal act, a hearing pursuant to C.R.S. 1973, 24-4-105, and section 2.1.4 of these regulations shall be held, and the Commission may affirm, modify or reverse the decision. F. The requirements of this section are in addition to the requirements of sections 6.13.0 of the discharge permit regulations. G. Where the Commission sets an adjudicatory hearing on a variance decision by the Division which does not involve discharge permit conditions required by the federal act, the decision of the Commission made after such a hearing shall constitute final agency action subject to judicial review in accordance with the ABA and the Act. Where the Commission determines not to set an adjudicatory hearing the decision of the Division shall be considered final agency action subject to judicial review in accordance with the Act and the ABA as of the date of the Commission's determination. SAL .. Tm 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS 1061 C 1988 THE PUBLIC RECORD CORPORATION I1CR12, 12-88 Page 33 ALL RIGHTS RESERVED 2.1.10 Hearings on 401 Certifications Decisions by the Division with respect to 401 certifications as authorized by section 302(1)(f) of the Act may be appealed to the Commission by any person adversely affected or aggrieved by any such decision. Appeals shall be made by filing with the Commission a written request for a hearing to be postmarked no later than thirty (30) days after the date of the mailing of the notice of the Division action which accompanies the mailing of Commission' s monthly agenda. Such appeals shall be heard in accordance with section 105 of the APA and section 2.1.4 of these regulations. The filing and disposition of any such appeal is a prerequisite to the right of judicial review pursuant to the APA. 2.1.11 Hearings on Notice of Alleged Violations A. In any notice given under section 602 of the Act ("NOV") , the Division shall require the alleged violator to answer each alleged violation and may require the alleged violator to appear before it for a public hearing to provide such answer. Such hearing shall be held no sooner than fifteen (15) days after service of the notice; except that the Division may set an earlier date for hearing if it is requested by the alleged violator. The answer filed in compliance with this section shall affirm or deny each allegation of the Division. B. If the Division does not require an alleged violator to appear for a public hearing, the alleged violator shall provide the answer required by the previous subsection within (30) days after service of the notice, and the alleged violator may request the Division to conduct a hearing. Such request shall be in writing and shall be filed with the Division no later than thirty (30) days after issuance of the NOV. If such request is filed, a hearing shall be held within a reasonable time. The filing of an answer does not itself constitute a hearing request. C. If a hearing is held pursuant to the provisions of this section, it shall be public and, if the Division deems it practicable, shall be held in any county in which the violation is alleged to have occurred. The Division shall conduct any such hearing in accordance with section 105 of the APA and section 2.1.4 of these regulations. • • PACe 921061. - 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS Page 34 D. Final determinations by the Division concerning notices of alleged violations which do not deal with surface water discharge permits or portions thereof must be appealed to the Commission by any person adversely aggrieved or affected as a prerequisite to the right of judicial review pursuant to the APA. The appeal shall be made in writing to the office of the Administrator of the Commission and be postmarked no later than thirty (30) days after the date of the mailing of the agenda notice of the Division action. Within sixty (60) days of the filing of the appeal the Commission shall commence a hearing to consider such appeals in accordance with section 105 of the APA and section 2.1.4 of these rules. 2.1.12 Civil Penalty Appeals A. The Division may assess civil penalties as provided in section 608 of the Act. B. Upon application of the Division, penalties shall be determined by the Executive Director or his/her designee without a hearing, and any such decision may be appealed to the Commission. The appeal shall be made in writing to the office of the administrator of the Commission and shall be postmarked no later than thirty (30) days after the issuance of the decision of the Executive Director or his/her designee. In his/her written appeal the appellant shall also admit or deny each allegation set forth in the Division's application for civil penalty filed with the Executive Director or his/her designee, and shall state those matters in mitigation which the appellant desires to raise before the Commission. C. The Commission shall conduct such hearings in accordance with section 105 of the APA and section 2.1.4 of these regulations. In any such hearing the Commission shall not hear evidence for the purpose of determining if the underlying violations have occurred, but may only consider evidence relevant to the appropriateness of the amount of the penalty. D. Penalties may be collected by the Division by action instituted in a court of competent jurisdiction for collection of such penalties, where payment is not received within 60 days after final agency action assessing the penalties. 2.1.13 Declaratory Orders A. Any person may petition the Commission or the Division for a declaratory order to remove uncertainties as to the applicability to the petitioner of any statutory provision or of any rule or order of the Commission or Division. Such petitions shall not relate to the manner in which a statutory provision or rule is being applied. PAC A061. 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS C 1988 THE PUBLIC RECORD CORPORATION ALL RIGHTS RESERVED 11CR12, 12-88 pass 35 B. The Commission or the Division will determine, after notice to the petitioner and opportunity to be heard, whether to rule upon the merits of any such petition. The Commission shall dispose of such matters as regular business items at a business meeting. C. In determining whether to rule upon a petition filed pursuant to this rule, the following matters will be considered among others: 1) Whether a ruling on the petition will remove uncertainties as to the applicability to petitioner of any statutory provision or rule or order of the Commission or the Division. 2) Whether the petition involves any subject, question or issue which is the subject of a formal or informal matter or investigation currently pending before the Commission or the Division. 3) Whether the petition involves any subject, question or issue which is the subject of a formal OR informal matter or investigation currently pending before the Commission or the Division or a court but not involving any petitioner. 4) Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion. 5) Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to rule 57, Colo. R. Civ. P. , which will remove any uncertainty as to the applicability to the petitioner of the statute, rule or order in question. D. Any petition filed pursuant to this rule shall set forth the following: 1) The name and address of the petitioner and whether the petitioner is the holder of an NPDES permit pursuant to the Colorado Water Quality Control Act, C.R.S. 1973, 25-8-101 et seq. 2) The statute, rule or order to which the petition relates. 3) A concise statement of all of the facts necessary to show the nature of the uncertainty and the manner in which the statute, rule or order in question applies or potentially 1 . applies to the petitioner. Par . ,.. 93106'1 THE CODE OF COLORADO REGULATIONS 5 CCR 1002-1 Page 36 E. If the Commission or the Division determines that it will rule on the petition, the following procedures shall apply: 1) The Commission or the Division may rule upon the petition based solely upon the facts presented in the petition. In such a case: a) Any ruling of the Commission or the ?)+visinr will apply only to the extent of the facts presented in the petition and any amendment to the petition. b) The Commission or the Division may order the petitioner to file a written brief, memorandum or statement of position. c) The Commission or the Division may set the petition, upon due notice to petitioner, for non-evidentiary hearing. d) The Commission or the Division may dispose of the petition on the sole basis of the matters set forth in the petition. e) The Commission or the Division may request the petitioner to submit additional facts in writing. In such event, such additional facts will be considered as an amendment to the petition. f) The Commission or the Division may take administative notice of facts pursuant to the Administative Procedure Act (C.R.S. 1973, 24-4-105(8)) and may utilize its experience, technical competence and specialized knowledge in the disposition of the petition. g) If the Commission or the Division rules upon the petition without a hearing, it shall promptly notify the petitioner of its decision. 2) The Commission or the Division may, in its discretion, set the petition for hearing, upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition or to hear oral argument on the petiton. The notice to the petitioner setting such hearing shall set forth, to the extent known, the factual or other matters into which the board intends to inquire. For the purpose of such a hearing, to the extent necessary, the petitioner shall have the burden of proving all of the facts stated in the petition, all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule or order in question applies or potentially applies to the petitioner and any other facts the petitioner desires the Commission or the Division to consider. gal ''NWTY 5 CCR 1002-1 THE CODE OF COLORADO REGULATIONS n_ 0S- C 1988 THE PUBLIC RECORD CORPORATION ALLRIOHTS RESERVED 11CR12, 12-88 Pape$7 F. The parties to any proceeding pursuant to this rule shall be the petitioner and the Division where appropriate. G. Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to C.R.S. 1973, 24-4-106. 2.1.14 Reconsideration A. Reconsideration of Adjudicatory Action Upon Motion of a Party 1) During the time permitted for seeking judicial review of any final order or determination of the Commission or Division rendered in any adjudicatory proceeding, any party directly affected by such order or determination may apply to the Commission or the Division, as appropriate, for a hearing or rehearing with respect to, or reconsideration of, such order or determination. The determination by the Commission or the Division of whether to grant or deny the application for a hearing, rehearing, or reconsideration shall be made within ten days after receipt by the Commission or Division of such application. Such determination by the Commission may be made by telephone or mail or at a meeting, but in any event shall be confirmed at the next meeting of the Commission. 2) If the application for a hearing, rehearing, or reconsideration is granted, the order or determination to which such application pertains shall not be considered final for purposes of judicial review, and the Commission or the Division may affirm, reverse, or modify, in whole or in part, the pertinent order or determination; thereafter such order or determination shall be final and not subject to stay or reconsideration under this section. 3) If the application for a hearing, rehearing, or reconsideration is denied, the order or determination to which such application pertains shall be considered final agency action as of the date specified in section 2.1.4(1)(6). An application under this section extends the time period for seeking judicial review of the original order or determination only for the number of days that it is pending, since such an application merely stays the time period for seeking judicial review. 4) The decision to grant or deny a hearing, rehearing or reconsideration pursuant to this section is not subject to judicial review. ' � � Q6 THE CODE OF COLORADO REGULATIONS 5 CCR 1002-1 7*1kra & l: C. Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (;' '_; (303)861-1963•Fax: (303)832-4465 Ext. 123 June 17, 1993 Mr. David Shelton Mr. Roger Doak Hazardous Materials and Waste Management Division Colorado Department of Health 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 Mr. Chuck Cunliffe Director, Planning Services Weld County 1400 N. 17th Ave. Greeley, Colorado 80631 Mr. John Pickle Director, Environmental Services Weld County 1517 16th Avenue Court Greeley, Colorado 80631 Re: Preliminary Comments Regarding Proposed "Amendment" by Waste Management, Inc. for Central Weld Sanitary Landfill Dear Mr. Shelton, Mr. Doak, Mr. Cunliffe, and Mr. Pickle: You are reviewing an "Amendment" sought by Waste Management, Inc. to allow continued operations at the Weld County Sanitary Landfill for a period of another thirteen years . This amendment should not and cannot be granted. First, the site and facility is in violation of Weld County zoning resolutions, the certificate of designation issued for the site, and State laws and regulations, and is causing nuisance conditions which adversely impact the health and welfare of citizens of Weld County and the State of Colorado. Please see the enclosed materials dated June 16, 1993 , summarizing these County and State law violations. Second, the site is unsuitable for a landfill because of the high groundwater table. The original proceedings which resulted EXhIIif 2O C;(, ; C:4{i,1), /'z, / L, 6occ 931061 in weld County issuing a certificate of designation under State law required approval of a design, engineering and operations plan by the Health Department prior to any disposal activity at the landfill. Waste Management Inc. has claimed that the site was grandfathered from these requirements because the Certificate of Designation was issued on October 6, 1971, and the Department ' s regulations were adopted February 1971. While this may be so for other sites in the State, the applicant for the Central Weld Sanitary Landfill Certificate, as a part of the October 1971 proceedings, agreed to be bound by the then proposed regulations and to obtain the approval of the State Health Department prior to commencement of operations . These assertions were made to assure that no trash would contact groundwater and that no water pollution would occur. The owners and operators of the facility are bound to these representations and requirements, despite their protestations. Please see attached materials, including April 5, 1993, summary of Ashton-Daniels Neighborhood Association and excerpts from April 5, 1993, hearing transcript. Third, under these circumstances, there can be no "amendment" to the design, engineering, and operations plan or to the certificate of designation for the site but, rather, the application for "amendment" must be viewed as the application originally intended to be made under the certificate of designation and, as such, just now being submitted and considered, is subject to all siting, design, engineering, and operations requirements for new facilities. it is clear that Waste Management seeks to "cure" the failure to previously obtain the Health Department ' s approval for the design, engineering, and operations of the site by now obtaining the Department ' s approval of an "amendment. " However, an amendment can only amend an existing approved plan. Since none exists, there is nothing to amend and the "amendment" must either be denied or treated as a new application. C.R.S. 30-20-103 . 5, adopted by the General Assembly i"which 9 2, provides that no existing solid wastes site and fe.cility is operating pursuant to a valid certificate of designation shall deemed rocedures1adopted violation subsequent failure theo comply with issuance of the application procedures certificate of designation. However, Waste Management is not operating pursuant to the valid certificate of designation issued by Weld County on October 6, 1971, because the design, engineering and operations plan for the facility was not submitted to or approved by the State Health Department prior to disposal operations being commenced at the facility. 2 . 9701061 Waste Management has continued operating at the site in admitted violation of the Special Review Permit and the Certificate of Designation and is causing water pollution and nuisance conditions. The pending Waste Management application should be denied because it is simply impossible to re-engineer the site to prevent what has already occurred. Re-engineering would require removing trash from being in contact with groundwater and causing water pollution, the avoidance of which was the reason for the original requirement in 1971 to obtain the State Department ' s approval of a design, engineering and operations plan. Condition No. 1 of the County' s October 6, 1971, resolution authorizing issuance of the Special Review Permit and Certificate of Designation provided: 1. That any sanitary landfill facility to be installed shall be approved by the State Department of Health. At this stage, only closure and remedial action to prevent further contamination and leakage into the environment will suffice. Fourth, State law prevents approval of the Central Weld Sanitary Landfill submittal, whether that submittal is characterized as an amendment or a new application. C.R.S. 30- 20-110 (1) (d) provides as follows: "Such sites and facilities shall comply with the health laws, standards, rules, and regulations of the department, the water quality control commission, and all applicable zoning laws and ordinances. " This site and facility does not comply with the applicable laws, standards, rules, and regulations and zoning laws and ordinances. Please see the enclosed June 16, 1993, materials which contain a summary of the local and State law violations at the site. The above-quoted statutory provision is mandatory (shall comply) and bars approval of a facility amendment or new application until and unless there is no violation at the site. State law also provides that a site and facility shall not cause nuisance conditions or water pollution: "A site and facility operated as a sanitary landfill shall provide means of finally disposing of solid wastes on land in a manner to minimize nuisance condtions such as odors, windblown debris, insects, rodents, and smoke; . . .shall provide adequate cover with suitable matrerial and surface drainage designed to prevent ponding and water and wind erosion and prevent water and air pollution. . ." C.R.S. 30- 20-113 (1) . 3 . 931061 "Any solid wastes disposal site and facility. . .that is operated, maintained. . .in a manner so as to violate any of the provisions of this part 1 or any rule or regulation adopted pursuant thereto shall be deemed a public nuisance, and such violation may be enjoined by a district court of competent jurisdiction in any action brought by the department, the board of county commissioners of the county wherein the violation occurred. . . C.R.S. 30-20-113 (1) . This provision declares that violations at a solid waste site and facility are per se nuisances and are enjoinable by Courts. Evidence in the record of the April 5, 1993, hearing before the Weld County Commissioners proved the existence of nuisance conditions and, under separate cover, we have provided a video-tape of April 13, 1993, graphically showing air pollution and wind-blown garbage flying from the facility onto the land of adjoining property owners and public roads and ditches. Surely, the State Health Department and the County have a public responsibility to abate these nuisances and cannot allow such nuisances to continue under the guise of an amendment or new application approval which allows the nuisances to exist. Accordingly, the Ashton-Daniels Neighborhood Association asks that the "amendment" proposed by Waste Management Inc. be denied and that the State and the County abate the nuisances/violations which exist at the Central Weld Sanitary Landfill by ordering closure and remediation. Sincerely, ' r, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C. cc: Dr. Patricia Nolan Weld County Commissioners Mr. John Pickle 931061 town of Ailliken , 587-4331 and 587-2340 1109 Broad Street Drawer 290 Milliken, Colorado 80543 June 30, 1993 Mr. Roger Doak, Geologist Colorado Department of Health 4300 South Cherry Creek Drive Denver, Colorado 80222 Dear Mr. Doak: The Board of Trustees of the Town of Milliken opposes the amended Certificate of Designation for the Central Weld Sanitary Landfill located in the Greeley-Milliken area. This landfill is NOT located in a remote area. It is approximately three miles from the City of Greeley and two miles from the Town of Milliken. The Town of Milliken is aggressively seeking economic growth and residential development. The landfill is also located in a poor geological site due to high water table, natural underground springs, irrigation and proximity to the Big Thompson and South Platte Rivers. This landfill is unlined. Contamination of the groundwater has occurred and will continue to occur. Convenience is never a factor when our water is endangered. There are suitable sites available at the present. Other sites are being planned and developed. Transfer stations are an option. We oppose ANY special wastes being accepted, or use of rail transportation at the Central Weld Sanitary Landfill. We oppose ANY new operations. We support a maximum of two to three years to properly close this facility. EEAitif �� cc t fig vcc 931061 Mr. Roger Doak June 30, 1993 Page 2 Please protect our environment, close and clean up this facility. Sincerely, Ted . Chave Mayor cc: Governor Roy Romer Attorney General U.S. EPA Dr. Patricia Nolan, Director CDH Weld County 931061 Arthur r. l,Rng June 30, 1993 Weld County Board of County Commissioners 915 Tenth Street Greeley, CO 80631 RE: Central Weld Sanitary Landfill Dear Commissioners: This letter is in response to two letters from Gregory Hobbs. The first letter is dated June 16, 1993, and urges that proceedings be commenced with respect to the Certificate of Designation for the Central Weld Sanitary Landfill dated October 6, 1971, and the second letter is dated June 17, 1993, again requesting that the Ashton-Daniel Neighborhood Association and the Telep, Hays and Daniels families be accorded "party status" and that the rules be amended to accommodate that request. The decision as to whether or not to commence a proceeding with respect to the Certificate of Designation for the Central Weld Sanitary Landfill is within the sound discretion of the Weld County Department of Health and the Weld County Department of Planning Services. The Weld County Commissioners are not the proper party to commence such proceedings as they are the ultimate adjudicators of the issues raised in the proceeding. The alleged violations which were the subject of the Probable Cause Hearing held April 5, 1993, were those violations noted by the Weld County Department of Health and the Weld County Department of Planning Services. Any proceedings with respect to the Certificate of Designation would, presumably, be limited to those matters. It is the position of Waste Services, Inc. , and Waste Management of Colorado, Inc. , that such additional proceedings are not necessary or warranted. Mr. Hobbs persists in arguing that there are "admitted violations" upon which the County Commissioners should suspend or revoke the Certificate of Designation pursuant to C.R.S. S30-20-112 following a Probable Cause Hearing. The allegations are not admitted and have been, and are being, contested on the merits. At the same time, Waste Services, Inc. is undertaking aggressive studies to determine the exact nature and extent of any problems and has commenced corrective action where appropriate. The County Commissioners can temporarily suspend or revoke a Certificate of Designation after it has concluded that there is a failure of the site and facility to comply with all applicable laws, resolutions, and ordinances. Any action to suspend or revoke the permit is premature following a Probable Cause Hearing at which the only The Law Building - 1011 11th Avenue - P.O. Box 326 - Greeley, Colorado 80632 if ,e // Telephone (303) 356-5400 - Telecopy (303) 356-1111 9c,-+ Jl Weld County Board of County Commissioners June 30, 1993 Page 2 issue is whether or not there is "probable cause to believe" that the alleged violations are occurring, or have occurred. The action contemplated by C.R.S. 530-20-112 may only be taken following a Show Cause Hearing at which time ultimate findings and conclusions can be reached. At a Show Cause Hearing the evidentiary burden upon the charging party, in this case the Weld County Department of Planning Services, is significantly greater than that at a Probable Cause Hearing. All evidence at the Show Cause Hearing is subject to challenge and cross-examination by the two parties. The preparation and presentation of a permit holder at a Show Cause Hearing is substantively different than that offered at a Probable Cause Hearing. Therefore, even if proceedings are commenced with respect to the Certificate of Designation, no action to revoke or temporarily suspend the Certificate can be taken prior to adverse findings and conclusions reached at a Show Cause Hearing. Mr. Hobbs requests that you contemplate amending your procedures in a manner which would permit the Ashton-Daniels Neighborhood Association and the Telep, Hays and Daniels families to become "parties in interest" in these proceedings. The current county procedural rules contemplate only two parties at Show Cause Hearings, the complaining county department and the responding permittee. The reasons for this are obvious and logical. Interested members of the public may comment at the hearing, but not otherwise participate in cross-examination, etc. Modification of those rules would have widespread impact upon county procedures resulting in lengthy, complicated and contentious hearings. Think you for your kind attention to this matter. Yours truly, `Arthur P. Roy Attorney at Law APR:elh pc: Eugene F. Megyesy, Jr. Bill Jeffrey Marian King Lee Morrison William J. Hedberg 931061 July 12, 1993 Harold and Madeline Daniels 23732 WCR 27 1/2 Milliken, CO 80543 (303) 339-0629 Dr. Patricia Nolan, Executive Director and Rodger Doak, Geologist Colorado Department of Health 4300 Cherry Creek Drive South Denver, CO 80222 Dear Dr. Nolan & Mr. Doak: We are in receipt of Mr. Megyesy's letter of June 30, 1993 regarding the amended application for Central Weld Sanitary Landfill. As lay people, our understanding of the remediation was that Central Weld is bound through infinity to remediate this facility, if that is what it takes! As children, if we made a mess, we were taught to clean it. As adults, if we made a bad business deal and bought into a problem, we assumed responsibility for our poor judgment and remediated the problem. Mr. Megyesy is implying that remediation will only happen if the amended C.D. is approved. How can he assume this? What is the stated purpose of this C.D.? It appeared to us that the buffer zone was contingent on the approval of the C.D., yet the company has proceeded to purchase the buffer without approval. (Is this good business judgment?) The opening statement of the facility in their amended application says in part, "This amendment application will allow for the formalized review and acceptance of the enhanced operation... of the facility." Of what enhanced operation are they speaking? The entire document is wordy and unclear. EX�i, �/ 7� 2S � CC Hz- .E 931061 CG : O , 72 i Daniels -2- July 12, 1993 As lay people who live less than 1/4 mile from this operation, we want to know: 1) What the real purpose of this amended C.D. is? 2) What the enhanced operations are? 3) How remediation can be tied to an amended C.D.? 4) Why the buffer was purchased prior to approval of the amendment? 5) Why is the location of this landfill, constantly referred to as remote? October 20, 1987, Mr. Glenn Mallory, CDH, in a report in CWSL documented a total population who could be potentially affected by the landfill as 50.000. Does this constitute remote? 6) We would like to know how this unlined, contaminated facility could possibly be considered for expansion of my kind given the high water table, irrigation in the area, and proximity to the Big Thompson and South Platte. Please respond in writing. Sincerely, r` 5 5 Harold and Madeline Daniels v`'`2-4, 'G%12.c�, ,�i--c) A'-Aug. � cc: Governor Roy Romer X Attorney General J " Cu-`'l'`') • WCH, WCP, WCBCC z—c EPA CDH ^ %tee,) .. ✓ 931.061 23732 Weld County Road 271 l2 Milliken, Colorado 80543 Mr. Roger Doak Colorado Department of Health Solid&Hazardous Waste 4300 Cherry Creek Drive South Denver, Colorado 80222 RE: Amendment Application of Special Use Permit No. 116 for the Central Weld Sanitary Landfill Weld County,Colorado Dear Mr. Doak: This letter is written in response to your request for comments from local residents on the Amend- ment Application of Special Use Permit No. 116 submitted by Waste Management. We are residents of Weld County living approximately 1/4 mile from the landfill on a farm which has been in the family for over 100 years. Requirement No. 1. Pages 3-8. The response to Requirement No. 1 emphasizes that in 1971 (over 20 years ago), the Planning Commission unanimously approved the location. It does not, however, mention that the County Commissioners conditioned their resolution granting the Certificate of Designation upon the owner's obtaining approval from the Colorado Department of Health—which was NOT OBTAINED. The response implies that because surrounding land uses within a one-mile radius consist of farming, cattle grazing, boarding of horses and numerous oil &gas production sites it will not affect humans. What about the people living in the houses on those farms? The projected possible 20-year remaining life of the landfill cited in this response is more than double the lifespan represented to the County Commissioners and residents when the site was permitted in 1971. Even the 12.2 years cited by Waste Management exceeds the desires of the community. The response to Requirement No. 1 states that acquisition of the buffer zone does not contemplate lateral expansion,and that remedial activities and environmental monitoring will occur,as well as the borrow- ing of topsoil for cover. The company must be more specific about the nature of these activities,since they too may carry an impact. For example, how many monitoring wells are anticipated? What is their potential to contaminate ground water? The application states that active excavation areas within the buffer property will not exceed approximately five acres? How much borrow material will be excavated,at what rate,and at which points on the property? We do not care to live next door to an open pit! While the Mined Land Reclamation Board may have determined that this activity does not constitute "Mining" and therefore does not require a reclamation permit; it is interesting to note that mining sites as small as two acres or less require permits and highly scrutinized reclamation plans. r'„ 931061 • Throughout the response to Requirement No. 1, the applicant emphasizes the "remote location" of the facility. Remote relative to what? Downtown Denver? By the admission of the applicant, the landfill lies within the urban growth boundaries of both Milliken and Greeley. In this "remote"location approximately 2-3 miles from the landfill, the Arrowhead Development contains over 100 homes. The Mad Russian Golf Course, Country Club and Development are all within a 3-mile radius. Hill&Park,with a population of over 1600 is within the 3-mile radius. Other nearby areas continue to be developed for residential use. Arrowhead South(a new development)already has thirty homes erected. South of Dos Rios, within a one-mile radius, a developer seeks a zoning change from residential to estate. Who will buy an estate a mile from a landfill? The application states that indigenous wildlife has not been significantly affected by the facility, as demonstrated by past experience. Whose past experience? Neither this application, nor any previous docu- ments filed by landfill owners have(of which we are aware)provided any baseline data on wildlife in the area, or changes during the life of the landfill. The discussion on page 7 of the application raises a significant question. Although on its face the ap- plication indicates that recycling and resource recovery activities are best undertaken at some point other than at the landfill facility, it can also be read to imply possible recycling/resource recovery activities on-site in the future. The applicant must clarify the intended future use of the property and any permit issued must be restricted accordingly. Requirement No. 6.page 9. The response notes that expansion of landfilling activities on this buffer area will be prohibited by contract with the present landowners. How is this to be accomplished? If the land is deeded to the applicant containing a reverter clause, violation of the prohibition against expansion would just result in the grantors becoming the proud owners of a landfill! Requirement No. 13.page 12. The response fails to note that in addition to the listed activities on ad- jacent lands, people Lye on those lands. The inclusion of "limited fossil fuel extraction" contradicts the reference on page 4 to"numerous oil and gas production sites"within a one-mile radius of the landfill. Requirement No. 31. page 16. More detail regarding landscaping plans, e.g., number of trees, height at time of planting, time to reach maturity, should be submitted km, so that citizens can comment to the County Commissioners, rather than being forced to deal also with the Pauly Planning Department. The multiplicity of authorities and processes discourages and hampers citizen input. Requirement No. 33. page 17. The applicant states that premature closure would leave population and commercial centers of Weld County without a proper solid waste disposal facility. A significant amount of the material disposed of in this landfill comes from Denver, which is most certainly not in Weld County. Additionally,due to the unlined nature of the facility and continuing concern over what materials were histori- cally deposited in the site,it is la a"proper"disposal facility. Additional Required Information and Documentation.No. 1. If the applicant must obtain water under agreement from neighboring landowners' irrigation ponds, isn't this a change from agricultural use to in- dustrial use? Is approval required from appropriate water authorities? Additional Information. No, 3. As nearby residents of the landfill, we object to waiver of a noise rcyuat. Noise from the facility k a problem, whether generated on-site or by the truck traffic passing our home. A major concern with the application as a whole is the extreme generalization employed. We believe that if an informed decision is to be made, specific data should be included in the application, not simply reference to other documents and blanket statements that operations will comply with the law. This facility is Page 2 921061 unlined, in an area with a high water table, natural underground springs, irrigation, and proximity to two major rivers. Convenience(in terms of distance from population centers)is never a factor when our water is endangered. There are currently other suitable disposal sites, with additional sites being planned and developed. We Qom the acceptance of any special wastes, any new operations, and support a maximum of two years to properly close this facility. We oppose any action which would serve to extend the life of the facility. We appreciate the opportunity to provide these comments. Sincerely, 141-44-1-4"& MIS r Harold,Madeline and Tom Daniels cc: Sen. Hank Brown Sen.Ben Nighthorse Campbell Rep.Wayne Allard State Sen. Tom Norton State Rep. Dave Owen City of Greeley Town of Milliken Town of Evans Weld County Health Dept. Weld County Planning Dept. Weld County Commissioners Governor Roy Romer Attorney General Gale Norton Carol Browner,U. S.Environmental Protection Agency Patricia Nolan,M.D.,Exec.Director,Cob.Dept. Health Judith Wong,U.S. Environmental Protection Agency Page 3 931061 WESTERN INTERNATIONAL MUSIC, INC. 3707 65th Avenue Greeley, Colorado 80634-9626 U.S.A. 303-330-6901 FAX: 303-330-7738 - , ?, -_,3 July 21, 1993 CL'=".' TO : 7. Lee Morrison, County Attorney 915 10th Street Greeley, CO 80631 Dear Mr. Morrison: In view of the flurry of information and dis-information circulating this County of late, I am sending you two items which should be of particular interest to you regarding the Central Weld Sanitary Landfill. There is a strong groaning amongst the citizenry over the manner in which this large landfill operator is running the show without restraint. Thank you for your attention. Your truly, s�__________ Sharon Davis Enc: \ 3 cc: John Pickle Roger Doak Constance Harbert Hank Brown Wayne Allard Eehieli / a6 cc_ : ,C3acc / //t, P.. 91069 • c Westward has been CS UI [. n`ffi�"�e awarded a Silver Gavel, �'"� ca�an system of law and the highest honor given ? THE 400 justice es, of almost by the- American Bar '400 entry,; W'et:Won Association,for*The , SECRET was spa only weekly wn : .SeenetSto ofthe ---�_._.. .newspaper#o win a flats ry .._. . STORY Silver Gavel in the. Grand Juiy"In last , Friday's announcement . OF THE ti 3 nth annual inning of the 1993 Gavel ' ��qq , lion; other winning Awards,the ABA hon- R 3 k newspapers include ored Westword for its :` � I the Albuquerque`Tr;-: ongoing coverage of the brine, the >t'sagaru GRAND a Newport: grand jury charged with e_:"" News Daily hNess,the.. Investigating ":alleged �«..... : JURY environmental crimes at �� Miami Herald and the -Rocky Flats--"a shocking Dallas Mornistg News.sto Story," The awards will be presented at a spe- ing to the judges. cial luncheon on August 10 in New York The Silver Gavel is presented¶or out- held in conjunction with the ABA's annu- standing contributions to public under- al meeting /y - 931061 "1t just made me feel C qty i - of illt iff' --- arty-ali-Darer to think of this thing oozing all over the place." Madeline Daniels Denver's being turned down in Adams and_ 4 ; Douglas counties,so the landfills went to i Weld County and got approved." I. : Dumping (By contrast,Denver County doesn't have any regional garbage dumps,nor does Douglas County.Boulder County's !44f., Ground one landfill closed last year, and Jefferson,Adams and Arapahoe counties l"g`y!r Some Weld County residents each have one.) t .; For years Weld County officials say their future's being approved dump after dump,under the st " theory that the county had plenty of room *r , -\ _ \. � ' ; il thrown away and landfill could be a source of economic '( set « .«. development."Number one,they pay q. - ,s By Mike McGrath taxes on that stuff," explains Com- missioner Connie Harbert,a past sup- } <k , a. - porter of dump sites."Number two,they ' When Madeline Daniels moved from hire people to drive the trucks." ' ` Washington Park to a farm in central Number three,Harbert continues,the '' y. d Wald County,she had visions of bucolic county gets a 10 percent surcharge on ' splendor an"oasis in the cottonwoods," every load of garbage dumped."We use she recalls.far from the brown cloud that montio upgrade the roads she i ' kZ t, But between the noxious ninon horn a says vihicO,not only benefits the . ncurby garbage dump and the foul odor haulers but also the other people in the v..; « ,- from a nearby brine pit, these days county who use those roads." -,yf'::`., Renick"often longs for the controlled Two years ago,however,residents in :'r" pollutionofDenver.'shesays southwest Weld County decided that It was almost a year ago that her thin- enough was enough and formed a group x 1 s ` tecn-yeir old son sported a chalky gray- called South Weld Against Trash to • ish liquid in the drainage ditch below the oppose a proposed dump near the town of f:rm.The ooze had the smell of rotten Bacono."I don't think it's fair to set up a >. eggs. Weld County as a dumping ground,"says Madeline Daniels is down In the dumps ever Weld Coney landfills, When Daniels asked a local farmer organizer Barbara Kirkmeyer,whose about the strange-looking liquid,he told family owns a dairy farm south of porated, the world's largest private Although state officials say the levels of her it was probably contamination from Dacono. garbage hauler,bought two large Weld chemicals in the wells were"barely above the Central Weld landfill.Other neigh- last November Kirkmeyer campaigned County dumps (one near Ault and one instrument detection,"any detectable hors mentioned a similarly chalky liquid for her district's seat on the Weld County near the Daniels farm)from a local fam- level of these harmful chemicals is a vio- that could sometimes be seen at Spomer Board of Commissioners with the slogan ily.A year later the company applied for a lation of state regulations and a sign of Lake,a small irrigation pond in a draw "Weld County is tired of being trashed." permit to open the Keenesburg site. contamination of area groundwater. just below the landfill. Kirkmeyer won,as did two other new- Waste Management executives would Less than a mile from the Big "It just made me feel dirty all over," corners elected to at-large seats,while not comment on their plans for Weld Thompson River,the dump sits on land says Daniels,"to think of this thing ooz- two of the more pro-garbage commission- County,but some industry observers with a naturally high water table (mean- ing all over the place." ere were forced to retire because of term think the company may have bought the ing the water is close to the surface), Five years ago, when tier husband limits. Ault landfill to handle its growing share of which increases the risk of contaminants retired and the family moved to his 110- Anti-dump activists hope the commis- the Fort Collins garbage market,while leaching into groundwater and spreading. year-old estate between Greeley,the sion's new majority will take a harder line the Keenesburg dump may be intended Last summer a county health inspector county seat, and the small town of with would-be dump builders. Even for garbage hauled in from the northern cited the landfill for allowing garbage to Milliken,Daniels didn't know that Weld Harbert,whose term did not come up last suburbs and the area around the new - be in direct contact with water,a violation County was becoming a dumping ground year,doubts the board"would look very Denver International Airport of state and local environmental regula- for metropolitan Denver and points north. favorably on any more landfills,"she says. Some Weld County residents fear the tions.Daniels isn't alone in saying the Besides the privately owned landfill "We seem to have enough to take care of company might start importing garbage dump should never have been placed in near Daniels's place,Weld County is the our needs." - from outside of the state.Both Ault and her neighborhood. proud home of two other regional landfill More than enough.According to an Keenesburg,they point out,are conve- "I don't think there is any question that sites,one near Ault in the northern part April report from the Denver Regional niently located along major rail lines,and a landfill would not be sited in an area like o1'the county and one near Erie in the Council of Governments,about 37 per- with the growing scarcity of landfill space that today,"says John Pickle,director southwestern part.A fourth major dump cent of the metro area's garbage was on the East Coast the idea is not beyond of the Weld County Environmental is scheduled to open this year hear the dumped in Weld County in 1991.And the realm of possibility.Though the state Protection Services Division. south-central Weld County town of last year about 80 percent of Boulder has the right to enforce environmental When the county approved the site Keenesburg, and a fifth—again near County's garbage was dumped in regulations at privately owned dumps,it twenty years ago,the then-owner of the Erie—has already received county Weld County, according to Hillary has no say over where the garbage comes dump said he planned to keep it open for approval to open. Collins,Boulder County's solid waste from. - anywhere from fifteen to twenty-five The county also hosts a charming array coordinator. "My worst nightmare,"says Daniels,"is years.Since then Waste Management has of special dump sites,everything from Most of the rest of the metro area's to have trains come in from all over the applied for a permit to extend the life of the famous Tire Mountain near garbage went either to Denver Arapahoe country with this horrible stuff." the dump by twelve additional years and Platteville,which caught fire and burned Disposal Services,a City and County of And Daniels is more than a little wor- to increase its height by forty to fifty feet. for our days in 1987,to a medical-waste Denver-owned dump in Arapahoe vied about the stuff that's already been The company wants to build a"garbage incinerator near the town of Hudson,a County, to Tower Landfill in Adams dumped. She never found out for sure mountain,"Daniels claims. construction materials dump outside of County or to the RPS Landfill in Jefferson what caused the ooze in the drainage At a public hearing in April,the Weld Erie and a sewer plant that serves com- County.Both Tower and RPS are owned ditch near her farm.The Colorado Health County Board of Commissioners voted to mortifies in neighboring Adams County. by national garbage giant Browning- Department didn't send an inspector to postpone a decision on Waste Manage- What makes Weld County so special? Ferris Industries. take a look until a couple of weeks after ment's application until October.How the "ICs kind of by default," says Larry Denver picks up residential garbage, she reported it.By that time the liquid board votes may show how much Weld Mugler,director of development services but commercial trash is collected by pri- had disappeared. County officials'attitudes toward garbage at the Denver Regional Council of vote hauling companies.Most of the sub- LastJuly.however,Waste Management have actually changed."I'm hoping our Governments."Politically,they have been urban garbage also is collected by private reported that"volatile organic com- new commissioners are not going to con- willing to approve land tills when other haulers. pounds,"or"VOCs,"had been detected done this,"says Daniels,"and I'm hoping counties have not done so. Sites were In 1990 Waste Management Incor- in two monitoring wells near the landfill. they won't allow any more of it." D Page 11 Weetword July 14-20, 1993 van r,4 -340611_ : n it , t . 6 , n ��p,- H Oey t 4. miu ..40h .v Awe* ea ► M A' ' ' - 2 y `Y N. \^S i The state has asked Waste Management, Inc., operators of the Central Weld Landfill,to N 're-draft an amended permit application the company died.Meanwhile,operations continue at the facility.A show cause hearing regarding alleged violations at the site Is set for Oct. 13. Johnstown Breeze file photo landfill plan needs more work by Matt Lubich •Ceolcgy and hydrogeology aquifer recharge basin could be An environmental consultant at the site is not specifically effected by the landfill, the company hired by the state to defined. The vertical extent of report states- '. review the amended permit the lower weather bedrock has "'Actual source, required application by Rhste Manage- not been deGasd. It could not quantity,available quantity and mans Inc. for the Central be determined which, if any, Continued on page 2. Weld Sanitary Landfill has recommended that document aogtl t Gke them a{..,,,,,. go back to the company for i{�7t;,i{. il'YtG three further work tine) that scents overriding in the ledaaf one re'ltw of "Based on the data reviewed Were Management's amem1e14 permit application is tuwai'talnty as part of this project, there about how tommued wtri'h at rite lava r swill effect the grwnd appears to be substantial wnlersituation lathe ,Tic wncentst<ere echoatt a state information missing or issues ! t askeg to also review the spoliation who Caged for a that need further clarification," di p shorter,lifeapan fiat he fatality than the company has a letter from ATEC Associates, Inc dated July 2 and sent to p"We hart L reviestictd the ttlfia 8 submitted nagardhtg the a&''e Roger Doak of the Colorado tare ace appiicaffmt"Teffrq}lynes,a senior engLWering gaoweld Department of Health states. yob the gate said in a letter In Chuck. thatthat this she and plan by the state to conduct an am pmf$pdati al mono to raise serious galloon to the expedited review of the amend- Hof gsignlfdst additional quantifies pJttttmicipal ed permit application. waste Sasehtrhk n Management is seeking ap- [lypeygoesontosaycha ttmpphtgo(thadrasahowstheaquifer proval of a plan that would 1s to the base of Ike lzna!li,although allot of the allow expansion of the current site is inadequate to determine the tak of polentW *%tAmo facility, and extend its lifespan impae He also says that ways*to the plan the&taatdaf' for another estimated 12 years. portion of the pmmpgled Marc tramp Im to be plated m top-of :. The plan also details remedi- mistingeefitae,tkt(ow wh.°V'''etut no hoer or leaehato rolleiafon ation efforts the company Mnalni would undertake to address ibis is clearly not the it ins of the soon-fa batmptemaiHett issues at the site that now sit subtitle D regaim een st Hynes sold in the letter."Also its before the Weld County the cans ing oonlamination at lire site will dtastlum Wmpl le I -Commissioners. A show cause future evnluatani-:if further coniaminaUou is documented in Me regarding alleged fabric" violations hearing has beenthose set for Oct. The state geoingitt also arpressed wnc H about the data 13. prmdri»ty m the Big Thompson Rive. He said man-mat LISTING OVER two dozen intervatttiunstructure.'uch rifrench draisanti d-tversion trenchs "deficiencies" in the permit ate jusli71ablefor awiding or atitigatirtg Cuing ptobtuma,hue da application, some of which not constitute"au aWeptabte melrod of site eePeovrtaeat ittt n could be addressed by simple ptoposcd facility ht wmpadsan.io the availability orsutstastial clarification, the report states, superior terrain,.gcologC and hsdrogcoiogy tot a fouml Within-the• the, consultant company sum- Same general vicinity,' marized the primary areas of }lyncs%aidthe Pr anature of the facility proper:'Justifies concern as follows; alitiwing several;years of whi ed use to aglom acttplible *The shallow groundwater is slopes,grades and elevation to allay a property luncdoldhg tat�pto within the waste limits and the he constmded, Such a time frame wwuid-also allow Waste potential impact of this could Management to defray come of the closure ens,be said, be detrimental to the site and Rut, Hlynes added, "in summary we do not mehet° that the surrounding areas. Proposed ioCat,n and physical wndtm$ts of this Siic ire conducive t4 the construction in the application nwration 0)f a sanitary landfill.that ten ht demonstrated to be is only seven feet above the protective of thepublichealth and safety and the envhorimem.`.We apparent ground water surface. - recommend>hai.a pha'c out period of no more than three years In accordance with CDH tie estaished during whudi itme an mile tdesttte plait wit guidelines, this waste isolation tie impiemeniul hr this facility.." Mad uttti above the ground water should be 15 feet minimum. • - t — 91.061 2 - Breeze, July 22, 1993 Landfill . . . . suitability of adequate cover already detected, the report compliance boundary in any and liner soil materials was not states, a discussion could be way? discussed in the application. presented to include potential At the April 5 probable *The ground water monitor- contaminant pathways and how cause hearing where the show ing plan could be enhanced by existing and proposed monitor- cause hearing was set, Waste including an explanation and ing systems would detect these Management told the commis- basis for the well network potentials. sioners they planned to begin placement, and possibly by a •Insufficient data and discus- remediation efforts that would •discussion of the known or sion was presented regarding include renovation of a diver- unknown integrity of the the existing cover system on sion ditch along the northern existing previously installed the completed western portion edge of the facility that will monitoring points. Based on of the landfill. Apparently, further limit the amount of previous VOC (volatile organic according to the report, this water getting onto the site compound) contamination area would not receive the from nearby irrigation, as well "new engineered" cover system. as institution of a pilot pro- Since it will be part of the gram that will inject air into overall final cover, the report the now-contaminated ground- states, the existing cover needs water to dissipate the VOC to be evaluated for its ade- concentration. quacy in accordance with state CWSL site manager Bill regulations. Hedberg said 'Jhesday that the John Pickle, environmental company has begun air sparg- protection division director for ing near three monitoring wells the Weld County Health on the southern and western Department, said his office edges of the landfill where should finish their review of VOC contamination had been the report by the end of the detected. The air injection has week. The state is concluding a only been underway for several similar review. Waste Manage- weeks, Hedberg said, so no ment will have the choice of definite results are yet avail- re-submitting the plan prior to able. the Oct. 13 hearing or waiting 'But our engineers are until that time to do so. optimistic that from their REGARDING REMEDIA- preliminary readings, things are TION of contamination to the Prang out to be what we ground water along the sou- expected,' Hedberg said. Plans them perimeters of the CWSL have been drawn up for con- site, Pickle said that as far as struction of the diversion ditch, his office is concerned, the he said, and the company is in recent purchase of a 100-acre the process of selecting a buffer zone along the east, west contractor for the project. and south boundaries does not Regarding the amended mean that the contamination is permit situation, Hedberg said not considered off-site any it is not uncommon for such longer. "As far as I'm con- documents to be returned to oerned; he slid, "that (the the applicant for additional -purchase) .doeoat..change.the informatign. 331061 • eci°� - a> cc cc cc, y coo _p eo _. co m :7', - M a w w N•i ..0 x C x '.5.C N N Y N C w • r pO C Q LJ 0 O a v°J o a ¢ o a 0 + 3cA m � �S �y �o o a O b uU E.p hh rz lU ^ e cu U w • ,n Z, y O m CI 7, ca O ca oct, O .q z L"O... A14' O W.? W.° a v a p a ,--I•a aa3 O^,a� .a a ro W 0 •a a a ,�� a� °�'o u m o ° a v� a ° 2 C7 i O ,~ ca 3 m 3.-I N corn g w a g S[Csr U p° o ''. •,, ,,,'':::;;.::,':',!';''',1,'',';'%1,'\'''' fir ..''',,,',?'''„',',V44) 5 1',5 y 1{�' w� 5 1 I � • 0 x o ' 11a.� 0 , o', ,P N$ 1a51' 511` n� 1 �x5 n a� �1 I N dolf,, 0 : ,....,,1,,,i:L,,,,,, .,,, ,..4,,r,,,,1„1,,,, . 1—r S � ,��;fl� n 'may �� ,55r5°', dll��{I�C�fJ `t1�,1�. n,w, 6 'I* -,, O. ,..''Al'Irr,11 I, ,,,',,1,',,•,',.. I'4,Li id \\\ J norTh • I a 'G r'r ..A �1 R) �,� - { ,5{,d 0S'D�'h,''','AV''''':'''')' i 1Y 5 4, A,p'i'4 03 hZ:n st ..10- 7iZ w115 a ,,5 iiiQ ,-.1 sl �' �. I , I r � �� G r qq i ,_ ,N4',II,I,A, iiii....1,- , .I,II.- A- ,.,'•',,,',,i',,',Ai _ ��J �� { 1 � 6 ratio r � �� 0��1 X41 Q 6n GR .6' d.� a 5 r.. {,a k- v•M11) it3 IL/� Qm ,�,,E''• W 4:',,T.: :4,.',.•,"'''' ',''',:$4,,. !'r wlli id }'li» I �', M J� I a h� '� '� "�5 1 c .X in col e,m M di / \"-,`,',a ,en. 1 n •k I�, rw s w c. 6,,,,,,,:,,,,,,,f,;,;,,,, ' ,,z/ S ci. -4\-4,,,-;,-':,:,:-,-,,,,,:,,i _Jr— (.- (--, 34 . .._ 1 AA ovl,nl, . ';'T•11; ` 1 Z-- - {I'r +5 bpd �,I.� 4N. '7� - +5' I 71'' "FP- co A _, fie llniiii� q.+ 5 4. 8 r--f--1 � ,'v + IL '�� T' -c f �d ' 4- All w t [ z o� j o at 1 I:=1 -i P m0 0,„___1 E ==,1Q pli U n 7-zblk 7,01 er Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 ` - (303)861-1963•Fax: (303)832-4465 Ext . 123 August 25, 1993 `:' _ , Mr. David Holm Regional Administrator Director EPA Region VIII Colorado Water Quality 999 18th Street, Suite 500 Control Division Denver, Colorado 80202-2466 4300 Cherry Creek Dr. S . Denver, Colorado 80222-1530 Re: Draft Permit No. CO-0043419, Waste Services Corporation- -Central Weld Sanitary Landfill Citizen' s Suit Notice Under federal Clean Water Act and Resource Conservation and Recovery Act Dear Mr. Holm and Region VIII EPA Administrator: Item 16 of the August 13, 1993, Public Notice of Completed Applications and Tentative Determination to Issue Waste Discharge Permits (attached) pertains to a proposed new permit for Waste Services Corporation in connection with the Central Weld Sanitary Landfill . We represent affected property owners adjacent to and down gradient from the Landfill, including the Daniels, Hayes, Telep, and Carlson families . We are in the process of reviewing the proposed permit and intend to file additional comments . At this time, however, we are asking that you direct enforcement and permitting personnel to inspect, take samples, and analyze samples of ground and surface water independently of Waste Services Corporation prior to further consideration of permit issuance. This request is based on facts observed by me, Dick Harlan, a registered professional engineer of the State of Colorado, and Harold Daniels, a citizen property owner down gradient of the landfill on August 19 , 1993 . We are including nine photographs taken on August 19 , 1993, in the vicinity of the landfill which document our observations of that day. Split water quality samples were taken by Mr. Harlan of water exiting the Waste Management property down gradient of the landfill . One of the samples was sent by Mr. Harlan to an independent laboratory on August 20 , 1993 . xh/bIf 7 try" : //L, /C , /9zr 931061 Turnaround is expected by August 30, 1993 . You are welcome to contact Mr. Harlan to obtain a split of the sample for your own analysis . We informed Waste Management ' s attorney yesterday of the availability of the split for its analysis . On August 19, 1993, we observed milky white water with a noticeable sulfide odor associated typically with landfill effluent exiting the Waste Management property and entering an irrigation ditch which conveys water across the Spomer land immediately south of the landfill onto the Daniels property which is immediately adjacent and across the road from the Spomer property. The water then flows across the Daniels property and enters the Big Thompson River at the Daniels property approximately 1/4 to 1/2 mile below the landfill . Based on our observations of August 19, 1993, we report to you an apparent discharge of pollutants from a point source without a permit . The point source apparently consists of a string of ponds and a ditch leading from drains and subsurface percolation contaminated by the disposal of waste materials on the Waste Management property. Based on our observations we believe that the series of ponds known as the Spomer ponds are being utilized by Waste Management as a waste disposal collection, treatment and discharge system which is being operated in violation of applicable laws and regulations of the State of Colorado and the United States including the Water Quality and Waste Disposal laws and regulations of the State of Colorado and the counter part federal Clean Water Act and Resource Conservation and Recovery Act . Based on our knowledge and belief we assert that Waste Management has discharged pollutants without a permit into the waters of the State and the United States without a permit on a daily basis since 1990 . We ask that you investigate this apparent violation of State and Federal laws immediately in coordination with the Waste Management Division of the Colorado Department of Health and take all appropriate enforcement action, including the assessment of civil penalties and the issuance of appropriate orders . Further, with respect to the issuance of the proposed permit we ask that your personnel conduct a field examination on and off the landfill property to determine the source and pollutant content of all surface water and ground water affected or potentially affected by effluent from the landfill . It is quite apparent from visual inspection that the Big Thompson River is only a short distance from the landfill and that the Daniels property is directly impacted by water from the landfill as the water travels to the Big Thompson River. We further believe that Waste Management, in its application for a discharge permit is attempting wrongfully to characterize its wastewater collection, treatment and disposal system, 2 . 331061 including the Spomer ponds and associated ditches, as an irrigation system. The Division' s analysis and proposed permit appears to adopt this rationale and does not contain sufficient outfall discharge points, treatment processes, or adequate monitoring and sampling requirements . While the Spomer ponds and ditches were previously utilized as an irrigation system their purpose now includes effluent waste collection, treatment and discharge to ground and surface water. These ponds are unlined and do not constitute a proper or acceptable means of collection or disposal . Nine photographs which were taken on August 19, 1993, by Mr. Daniels and Mr. Harlan are attached. A brief summary of what is shown by the photographs follows: 1. Looking southeast across the southern most of four Spomer ponds immediately adjacent to the landfill and a short distance north of the southern most fence line of Waste Management property. 2 . Dick Harlan taking water quality sample at sourthern most Waste Management fence line looking north onto Waste Management property and up the draw immediately below southernmost Spomer pond. 3 . Dick Harlan taking water quality sample at point shown in photograph 2 . 4 . Harold Daniels at junction box where water from point shown in photographs 2 and 3 enters from pipe under road and is then routed east, south, and west into unlined ditches and onto fields . 5 . Junction box shown in photograph 4 showing water exiting east towards Daniels property. 6 . Ditch carrying water from across Spomer property immediately across road south and down gradient of landfill at the point where the water goes under county road onto Daniels property. 7 . Water flowing across Daniels property towards Daniels cornfield. 8 . water flowing across Daniels property just above Big Thompson River. 9 . Water flowing from point shown in photograph 8 into Big Thompson River. The above photographs and the water quality samples were taken on property which was not posted against trespass and which was open to the unobstructed passage of my vehicle and our entry by foot . 3 . 931061 However, there are points on Waste Management property and property owned by others which we did not enter because of fence lines and posted trespass notices but which should be sampled because of the evident carriage of water affected by the landfill . Your agencies have the power to enter this property for enforcement and permitting purposes and we ask that you do so. We ask that you conduct a full metals, organic and inorganics scan and that this be accomplished prior to issuance of any discharge permit. Otherwise, the discharge may be permitted in the absence of appropriate terms and conditions and apparent violations of State and Federal law occurring in the past will not have been the subject of appropriate enforcement proceedings . Waste Management has an "amendment application" pending with the Colorado Department of Health' s Waste Management Division and with weld County. By copy of this letter to Mr. Shelton and to Mr. Morrison, Mr. Cunliffe, and Mr. Pickle, we are asking that any action on the amendment application be stayed until such time as appropriate enforcement and permitting inspection, sampling and analysis by the State or an independent agent of the State and/or EPA has been conducted. A letter of the State Geologist ' s Office attached has pointed out the serious hydrological and contamination issues associated with this landfill and its continued operation. By this letter we are giving notice to Region VIII of the United States Environmental Protection Agency of our intent to commence a citizen' s suit under the Clean Water Act and the Resource Conservation and Recovery Act if that agency within the next sixty days does not conduct an adequate investigation and commence appropriate enforcement action. By copy of this letter to the Weld County Commissioners, the Weld County Attorney' s Office, and the Weld County Health Department, we are asking that a probable cause hearing be scheduled by the Weld County Commissioners on revocation of the certificate of designation for the landfill because of violations of county, state and federal laws and regulations, including the discharge of pollutants without a permit . Since�e; ,�cl- � Gregory . Hobbs, Jr. for Hobbs, Trout & Raley, P. C. cc: Regional Administrator, EPA, Region VIII Mr. David Shelton, Mr. Roger Doak, Mr. Glenn Mallory Weld County Commissioners Mr. Lee Morrison, Mr. Chuck Cunliffe,Mr. John Pickle Daniels, Hayes, Telep, and Carlson families Mr. Gene Megyesy 4 . 931061 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH oa, • Dedicated to protecting and improving the health and 4;---7-24 environment of the people of Colorado • : (0 ; * 4300 Cheny Creek Dr.5. Laboratory Building • - Denver,Colorado 80222-1530 4210£11th Avenue 896 Phone(303)692.2000 Denver,Colorado 80220-3716 (303)691-4700 August 13, 1993 Royftmer covemm COLORADO DEPARTMENT OF HEALTH Patricia A.Nolan,MD,MPH WATER QUALITY CONTROL DIVISION Executive Director Public Notice of Completed Applications and Tentative Determination to Issue Waste Discharge Permits Purpose of Public Notice: The purpose of this notice is to state that complete applications for permits to discharge pollutants to waters have been made by the applicants named below. The Colorado Department of Health intends to issue and/or deny Colorado Discharge Permit System permits for the facilities listed below, pursuant to the Clean Water Act, and the Colorado Water Quality Control Act. All permits are subject to the approval of the United States EPA. The permit drafters may be reached by phone at 692-3590. 1. Arapahoe County Water and Wastewater Authority, c/o Newell Wright, Manager, 7305 South Potomac Street, Suite 150, Englewood, Colorado 80112. PHONE: (303) 790-4830. PERMIT NO: CO-0040681. Arapahoe County. AMENDMENT: for changing the phosphorus limits. DISCHARGE: is to the RIBS and land application. 2 . Aspen Consolidated Sanitation District, c/o Bruce Matherly, District Manager, 565 North Mill Street, Aspen, Colorado 81611. PHONE: (303) 925-3601. PERMIT NO: CO- 0026387, Pitkin County. RENEWAL: for the discharge of treated domestic wastewater effluent. DISCHARGE: is to the Roaring Fork River. 1 931061 13 . Plum Creek Wastewater Authority, c/o Paul Dannels, Acting Manager, 482 Happy Canyon Road, Castle Rock, Colorado 80104. PHONE: (303) 688-8330. PERMIT NO: CO-0038547, Douglas County. AMENDMENT: is for a change in phosphorus limitation and addition of land application site. DISCHARGE: is to East Plum Creek. 14. Security Sanitation District, c/o Robert T. Schrader, Manager, P.O. Box 5156, Colorado Springs, Colorado 80931. PHONE NO: (719) 392- 3475. PERMIT NO: CO-0024392, El Paso County. RENEWAL: is for the discharge of treated domestic wastewater effluent. DISCHARGE: is to Fountain Creek. 15. Sunnyside Gold Corporation, c/o William Goodhard, Resident Manager, San Juan County Mining Venture, P.O. Box 177, Silverton, Colorado 81433. PHONE NO: (303) 387-5533. PERMIT NO: CO-0027529, San Juan County. AMENDMENT: is to change WET limitation and monitoring from acute to chronic and to change pH limitations. DISCHARGE: is to Cement Creek. 16. Waste Services Corporation - Central Weld Sanitary Landfill, c/o William Hedberg, Vice President, Alan Scheere, Environmental Specialist, 6037 77th Avenue, Greeley, Colorado 80634. PHONE NO: (303) 33 330-2641. PERMIT NO: CO-0043419, Weld County. NEW: is for the discharge of water from the landfill underdrain pipe and from the groundwater interceptor French drain systems. DISCHARGE: is to Spomer Lake 12 and the retention pond. 4 931061 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH �oF�o'to Dedicated to protecting and improving the health and 'o environment or the people of Colorado 4300 Cherry Creek Dr.S. Laboratory Building \* -.� rl*J Denver,Colorado 80222-1530 j 4210 E. 11th Avenue � •/ Phone:13031 692-2000 j Denver.Colorado 80220-3716 (303)691-4700 Roy Romer Governor Patricia A.Nolan,MD,MPH Executive Director RATIONALE FOR PUBLIC NOTICE WASTE SERVICES CORPORATION - PERMIT NUMBER - CO-0043419 Enclosed is a copy of the draft permit for your facility which has just been sent to public notice. You have thirty (30) days from the time of public notice to submit comments to the Division for consideration. Because of the many changes that your permit may undergo before issuance, all changes and corrections will be made after the public notice period. If you have any questions, please do not hesitate to contact the Permits and Enforcement Section at 692-3590. Thank you for your cooperation. Sincerely, J. Shukle,, Chief Permits and Enforcement WATER QUALITY CONTROL DIVISION cc: District Engineer, Field Support Section, WQCD Council of Governments Local Health Department Environmental Protection Agency Permit Drafter, Permits and Enforcement Section, WQCD Mined Land Reclamation Division, (Coal Permits Only) Daries C. (Chuck) Lile, Director, Colorado Water Conservation Board Hal Simpson, State Engineer, Colo. Division of Water Resources Dennis R. Bicknell, Director OGCC, (Oil and Gas Only) Enclosure 931061 _ _- _ .. . cam.. ' s yMr ,,,;41,11.4,01,0141 , T ♦d' i�a .A , ' i p : + ✓ 1 v.av i t cp. ti sui tf 4, f" '� ( 4 if If lj�! i . if ,lF1'g ►Y.4 9d. �A♦'6tx..r3" . . ,i .v; . . > .♦ 1• �i ♦� a. i .N :fie f,..,,,, ( H , r I . ,,E3 tF r �'h FRa�a �. .IG > t ,a. te•e s ,., tx _rim y,S,,, ,.,,,.-ra: -•�',ssy..A .r,tRt' y e -�C+ ^.►.401 +. et-r- `^Av.>fir ) :Nc f r — ; '4..e+'.♦ f. a Ff ',,,:a Y , '4 r a 1 y. %eV an-paale n 4',$•"E"—;-"or t'''''r r tP^Oi�, � �• ��'i '� F fry�i!�y � �r :Ter- ' •M �'�a ^� af�� h • d' r —A t fJ.l Jr .9Y I S l r / 43-4- . ., 11 '4 1 xiii ?• L� ,t, ti -dry- c. ' I 1 , ">4.48-11":f-N.4 I t ✓. Z.`.♦; ,'0-J' : f .•1 `ia`�. ,fit, L. ,l iii r % ,_ r L... 10 ..)L4 4! ,- ,:r ..0 L a r' /2 fikiikb$t! 1a^...•...\%r�ri-.7.a. ,\'! , r . { , ••.r t µ"'}' ,'SC '' ' • ..d :'�U ,` t.. y` `F �„ .�, _ �t • tx• t t t r y tt / � t tl h1� t 4 t tlr (._ .._ �a,.a.wi _J r \I+) 'f�ta .... 7 I l e'e -� •s7Y� 1 Cf,I.? hy. > 6 �tif # '� iL ! -. 3, s y t / ` \� ` ` t 'f '"I i *fp *' • ..`` r. •C'\ a * 4y :i' I '3-. r w ' •' y : R .L,' _ Ire it kC . [- •� � '+.`I'rxY;'r ^r 7; 1�•.�Ls tf ` h/ • cf'I • s td � �E�s, ,_:.,,......_. ...„.4.,.....„ .:,, om_r j'-Rr� ,' ."871.‘i i i �.„,_N '�. ...4'.." '' toj- p' 11t1 1 '—yet t 41. 4 n, , ,\ ' ' I -Ir— k.-ce ate"•S K• . \ 0-5' ti ,a....„:47: , -[.T. 1 ` 4 , 3; - f t .f +'/ M' r 1 ,,,•,h d 2 Y `` .--- 47-. �_ h: . r`. .-v. '.fit l ` s•'�,iP'3 tie a r `F . , .. c At ''. ) i _'� i.•, } t a't .T� p..'lt s \.e. X11 - '*w -r'G .•-r---1--'-"�-• .. - • ;.y*, a --- - , .."t V , *�� ,it •p4. \ ,,mot /i i•i ' Ai. ' o-£ is p••-ar K pp .\ i W. .I u it I • Yc+ ,yea t M '\',.. .l' _Y -, • N f ! g• l',, t•1 v y,.i% .t j ' r{ -13 , �.. .r S tt.. tlrn.: i_M, A ), •"., . II ' . ;tilt:: •it.'• t C -./ . _.....t. .4:•.:•! fk•-;.,_.,- $ t •' rte`. Jj � E\ .{k-' •'." • . , ' a n ._ -R p' , � _>.460..... ` . , '` ' t' ,rs . 92106i f 9p `,[bX7 447ffyf6 S ".c w\ 1 1 e'..t �,' 1 11\• t tt ♦ n Y f y ti/4 • r l !r ( . . i 'rt. k. 1 ,/ 1 : t t,1y ,$ter �4 w..4.r cd ≥• '. . k `- , % • ;$„• t Y 'ty .:, -Yrkr••••p•or �. �F:,,, ,,,. /...:, .., . . t- ''',4•.: ,yam ayj',c..„, „.„, •�1l�+r '�* 5 •. -,„t . � l i� ten, �. 'tir•�'l. \`kF •JS No,. iT•:•,ry ,v SAGµ .>� k •. }h ¢� \! k -.L a• ` T { x. .Y!`.ti(� i ..Ml'op etr 4• � rit ""!fatly'"\., i e•y/. T Y 5 p• il , 4 ;1i 1A 'M?. .1i:J1.�•1 SI:'r1.'. ii r3x,:1 k Y . , .µ r�'e•1 1�� t: / r s, t- AA t.k e�.r n-or ,`. y l .1 J '4gt::-'fiR:.+" ' ti 1 �•per t +v CTTTiii �•M A- f i` . w 7.a Y' 4 �'r.' (5.`J}1 I S'a. -j'7i.1 arA."4- . .r7lxt��>M ' • i� .yam a.. 3r q aI +Y�4'� a 1 ;' 4 1:4174- 4 1/ `\`4*...„ /° �'`:._•94. K r ' @ 4 if(\ 2)4:4 4,t, ip , .. 14 t A .'43J L.`4444. I ,y,r�.p 4 . rtirt' .. ,, .j'dL _ r 1 T 1 , 41 f h 1 •••. • 1, �,`.i" �, . - L.'/ 7V rf'/ ., •.a k"}•1`..,�� , i } y1�J �C ri`..e ...` 'rat ' 1 1 St _ '` _i `�-�i �� i. i� Sly_ , ,r ` 4J' fl • si - 1 ¢ '' ` i Y "'l *t ; .4 't Tv 1.c ! ,y�i, �� L�_.�.�`�\��.m P• 'e��, r ff!�'A L• ✓� �YF . r- m.1 061 t tcf r ti ,.. COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale, Page 14, Permit No. CO-0043419 B. Wastewater Treatment Description: (Continued) of this permit. Upon approval of this treatability plan by the Division, the terms and conditions of this plan may become conditions of this permit. See Pan LD.3 of the permit. Construction and subsequent operation of a treatment facility may require a certified operator pursuant to the authority of Article 9, Title 25, Regulations for the Certification of Water Treatment Plant and Wastewater Treatment Plant Operators. Presently, there are no known certified operators for this facility. With regard to further information regarding operator certification requirements, the permittee should call the WQCD at (303)+692-3550. V. PERFORMANCE HISTORY A. Monitoring Data 1. Discharge Monitoring Reports - Table V-1 (on the following pages) summarizes effluent data provided by Waste Services Corporation. Additional monitoring was requested by the Water Quality Control Division for the January 1993 data: this includes more extensive testing for semi-volatiles, some volatiles., pesticides and pesticide-associated compounds. TABLE V-1 DISCHARGE MONITORING FOR LFUD-discharge point 001 SEMI-VOLATILE ORGANICS. uz/I 3/26/92 7/16/92 12/17/92 1/27/93 3/10/93 3/17/93 Benzidine (ug/1) na na na ND na ND 1,2.4,5-tetrachlorobenzene na na na ND na ND 1,2-dichlorobenzene na na na ND na ND 1,2-diphenylhydrazine na na na ND na ND 1,3-dichlorobenzene na na na ND na ND 2,4,6-trichlorophenol na na na ND na ND 2,4-dichlorophenol na na na ND na ND 2,4-dinitrophenol na no na ND na ND Nitrobenzene na na na ND na na Hexachlorobutadiene na na na ND na na Dibenz[a,h]anthracene na na na ND na na Bis(2-Chloroethyl)Ether na na na ND na na MISCELLANEOUS 3/26/92 7/16/92 12/17/92 1/27/93 3/10/93 3/17/93 Field pH, s.u. na 7.00-7.07 6.90-6.94 7.21-7.24 na 7.21-7.24 Specific Conductance, umhos/cm na 3740-3760 426-432 419-428 na 419-428 Temperature, degrees C na 17.2 112 112 na 13.2 Total Suspended Solids, mg/l na na na ND na ND Total Organic Carbon na na 5.6/5.5 na na na Coliform, Fecal na na na na ND (kV na Coliform, Total na na na na ND (kJ) na 931061 COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale, Page 15, Permit No. CO-0043419 TABLE V-1 DISCHARGE MONITORING FOR LFUD-discharge point 001 PESTICIDES & HERBICIDES ug/1 3/26/92 7/16/92 12/17/92 1/27/93 3/10/93 3/17/93 4,4'-DDE na no na ND na AD 4,4'DDT na na na ND na ND Alpha-BHC na na na ND na ND Aroclor 1016 (PCB) na na na ND na ND Aroclor 1221 na na na ND na ND Aroclor 1232 na na na ND na ND Aroclor 1242 na na na ND na ND Aroclor 1248 na na na ND na ND Aroclor 1254 na na na ND na ND Aroclor 1260 (PCB) na na na ND na na Toxaphene na ND na AD na na Pentachlorophenol na na na ND na na Pentachlorobenzene na na na ND no na Methoxychlor ND ND na ND na na Lindane (Garmna-BHC) ND ND na ND na na Isophorone na ND na ND na na Hexachlorobenzene na na na ND na na Heptachlor epoxide na na na ND na no Heptachlor na na na ND na na Endrin Aldehyde na na na ND na na Endrin ND ND na ND na na Dieldrin na na na ND na na Chlordane na na na ND na no 2,4-D' no ND na ND na ND Trans-1,3-Dichloropropene ND ND ND na na ND 2,3,7,8TCDD (Dioxin) na na na ND na ND Aldicarb na na na ND na ND Carbofuran na na na ND na ND Oxamyl na na na ND na ND Simazine na na na ND na ND Aldrin na na na ND na ND Picloram na na na ND na ND Toxaphene ' ND ND na na na na 2,4,5-TP (Silva, ND ND na ND na ND 1,4-dichlorobenzene na na na ND na ND 931061 1 COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale, Page 16, Permit No. CO-0043419 Table V-1 Discharge Monitoring for LFUD-discharge point 001 VOLATILE ORGANICS mg/1 3/26/92 7/16/92 12/17/92 1/27/92 3/10/93 3/17/93 acetone ND ND ND na na ND acetone ND ND ND na na ND benzene ND ND ND ND na ND bromochloromethane na ND na ND na na bromodichloromethane ND ND ND na na ND bromoform ND ND ND ND no ND bromomethane ND ND ND na na ND 1,4-dichloro-2-butene na ND na na na na 4-bromofluorobenzene na ND na na na na 2-butanone (MEK) ' ND ND ND na na ND Carbon disulfide ND ND ND na na ND Carbon tetrachloride ND ND ND ND na ND Chlorobenzene ND ND ND ND na ND Chloroethane ND ND ND na na ND Chloroform ND ND ND ND na ND Chloromethane ND ND ND na na ND Dibromomethane na ND na na na na Dibromochloromethane ND ND ND na na ND 1,1-Dichloroethane ' 5.4 7 6 6 na 5 1-2-Dichloroethane ND ND ND ND na na 1,1-Dichloroethene ND ND ND ND na na 1-2-Dichloroethene ND na ND ND na na 1,2-Dichloropropane ND ND ND ND na na Ethylbenzene ND ND ND ND na na 2-Hexanone ND ND ND na na na Methylene chloride ND ND ND no na na 4-Methyl-2-pentanone (MIBK) ' ND ND ND na na ND Styrene ND ND ND na na ND 1.1,2,2- Tetrachloroethane ND ND ND na na na Tetrachioroethylene 6 6 5 5 5 5 na 5 Toluene ND ND ND ND na ND 1,1,1-Trichlorethane ND ND ND na na na 1,1,2-Trichloroethane ND ND ND ND na na Trichlorofluoromethane na ND ND na na ND Trichloroethylene ND ND ND ND na ND Vinyl acetate ND ND ND na na ND Vinyl chloride ND ND ND ND na ND Xylenes ND ND ND no na ND Trans-1,2-dichloroethene na ND na ND na na lodomethane na ND na na na na Ethyl methacrylate na ND na na na na Ethanol na ND na na na na Dichlorodifluoromethane na ND na na na na Dichlorofluoromethane ' na na 19 na na 18 cis-1,2-Dichloroethene na na na ND na na 1.2,3-trichloropropane no ND na na na na 2-chloroethyl ether na ND na na na na acrolein na ND na na na na acrylonitrile na ND na na na na 931061 cis-1,3-Dichloropene ND ND ND na na ND COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale, Page 17, Permit No. CO-0043419 TABLE V-1 DISCHARGE MONITORING FOR LFUD-discharge point 001 INORGANICS, mg/I 3/26/92 7/16/92 12/17/92 1/27/93 3/10/93 3/17/93 Metals: Aluminum na na na ND na ND Arsenic ND ND na na na na Barium 0.010 ND ND na na na Cadmium ND ND ND na na na Chromium ND ND ND na na no Copper na na na ND na ND Iron 0.26 0.25 0.24 na na na Lead ND ND ND na na na Manganese 1.5 1.75 1.75 na na na Mercury ND ND ND na no na Nickel na na na ND na ND Selenium ND ND na na na na Silver ND ND na na na na Zinc na na na ND na ND Inorganics: Alkalinity (HCO3), as CaCO3 532 530 533 na na na Alkalinity (CO3), as CaCO3 ND ND na na na na Ammonia, as N ND 0.039 ND na na na Calcium 432 485 490 na na na Chemical Oxygen Demand na na 19 na na na Chloride 39 42 45.3 na na na Cyanide na na na ND na ND Magnesium 292 291 290 na na na Nitrate, as N 2.8 2.8 L19 1.26 na 1.26 Nitrite, as N na na 0.050 ND na na Potassium ND ND ND na na na Sodium 258 235 230 na na na Sulfate 2320 1910 2200 na na na Sulfide na na na na ND na Radionuclides pCi/L , 3/26/92 7/16/92 12/17/92 1/27/93 3/10/93 3/17/93 Gross Alpha 40 64 93 na na 53 Gross Beta 18 52.4 ND na na na Radium 226 40 63.6 93.4 na na na Radium 228 0.1 ND ND na na na Uranium na 76.5 na na na na BIOMONITORING (WET AMPLE RESULT testing) ATE Ceriodaphnia sp. and Fathead 7/16/1992 id not cause >50% mortality minnows used 'n any concentration of effluent note: Sampling was conducted on March 10, 1993 to provide sulfide and fecal col form as requested by the Division in Januar 1993 ND = analyte not found at or above the detectible limit na = not analyzed 93 061 COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division Rationale, Page 18, Permit No. CO-0043419 Table V-1 Discharge Monitoring for LAUD-discharge point 001 (Continued) 1. 2,4-dichlorophenozyacetic acid 2. 2-(2.4,5-8. Trichloroyhenoxy)propionic acid 3. Methylethylketone 4. minimum detectable limit = 5 ug/1 5. Methylisobutylketone 6. minimum detectable limit = 5 ug/1 7. minimum detectable limit = 10 ug/1 8. also termed Tetrachloroethene 2. Outran 002 Monitoring Data: A water sample was collected from the groundwater interceptor French drain systc (outfall 002) on March 26, 1992. This data is comparable to the upgradient groundwater monitoring well sampl Almost all metals, all the 34 volatile organics, and the 6 pesticides tested were below the minimum levels of dete, The following parameters were detected: barium (0.032 mg/l), iron (0.41 mg/I), manganese (0.044 mg/1), cakiut (243 mg/1), magnesium (143 mg/1), sodium (102 mg/I), chloride (23 mg/1), nitrate (6.1 mg/1 as N), sulfate (1290 mg/1), gross alpha (32 pCi/i), gross beta (16 pCi/1), and specific conductance (2930 uhmos/cm). B. State Monitoring Data 1. State Sampling - State personnel sampled and tested the underdrain discharge point (001) on 3/16/1993. The following results were obtained: BOD5 <1 mg/I Suspended Solids <10 mg/I VI. TERMS AND CONDITIONS OF PERMIT A. Determination of Effluent Limitations 1. Numeric Effluent Limitations: In developing suitable effluent limitations, the Division must review all applies standards and regulations and apply that which is more stringent. This review includes, but is not limited to water quality standard based effluent limitations,federal guidelines and standards (40 CFR Subchapter N) al State Effluent Regulations (10.1.0). Such a review has been done for this facility. The following limits will as indicated in Table V1-1 on the next page. These limitations are discussed in Sections VLA.1 through VI./ 931061 /vital- r ,e:. C (- C a ..1v'w 1 tr • Aare,// , STATE. OF COLORADO .,,DO DEPARTMENT OF HEALTH S.,r•; .aced to protecting and improving the health and environment of the people of Colorado . ,, G9 i 4300 Cherry Creek Dr.5. Laboratory Building Denver,Colorado 80222-1530 4210 E.11th Avenue Phone 003)692-2000•, Denver,Colorado 80 220-3 71 6 O03)691-4700 gay Parer • November 17, 1992 P2Paa A Nolan,MO,MPH Exeasre Oia oar Alan Scheere, Environmental Specialist Waste Management of North America, Inc. Rocky Mnt. Satellite Office, Western Region 5660 Greenwood Plaza Blvd. , Suite 400 Englewood, Colorado 80111 CERTIFIED MAIL P 440 450 128 RE: Central Weld Sanitary Landfill (CWSL) , Surface Discharge. Dear Alan: The Weld County Health Personnel brought to my attention that there is a surface discharge from the Central Weld Landfill into a Spomer Lake. This lake eventually discharges into the Big Thompson River. During my site inspection on November 6, 1992 I verified that un under drain perforated pipe, that runs under the landfill, discharges into Spomer Lake. Also, there is a surface drain ditch and under drain french pipe beneath the drainage ditch that eventually discharge into the Big Thompson River. These discharges constitute point sources and both needed to be permitted. However, it is my understanding that your company is in the process of finalizing an engineering study and that an application for a discharge permit (which will include both sources) will be submitted in the next 10 days. If you anticipate any change from your schedule, please contact Patricia Nelson at (303) 692-3608 or me at (303) 692-3564 If you have any other questions, please call me. Sincerely, FOR DIRECTOR, WATER QUALITY CONTROL DIVISION 12 to Sain P. E. District Engier Field Support Section cc: Weld County Health Department Permits and Enforcement Environmental Protection Agency, Region VIII 931061 Icier Associates inc. C 'mon BaWeevra.Suite i00 en- fSO Golder DOa.COUSA 80228 S -.aonone(300 31980-0540 �r�w iateS e•-=(203)985-2080 FIYDROGEOLOGIC AND GEOTECHNICAT, CHARACTERIZATION FOR THE CENTRAL WELD SANITARY LANDFILL WELD COUNTY, COLORADO VOLUME I Prepared for: Waste Services Corporation 6037 77th Avenue Greece, CO 80634 Prepared by: Golder Associates Inc 200 Union Boulevard, Suite 100 Lakewood, CO 80228 (303) 98041.540 • July 1.992 913-2403 931061 July 1992 -55- 913-2403 The average horizontal gradient across the site is approximately 0.02 ftlft_. Average horizontal groundwater flow velocity is approximately 11 feet per year_ During drilling, a relatively dry zone approximately 5 to 10 feet thick was generally noted between the shallow groundwart and the deep groundwater.' The presence of the dry zone suggests that the degree of communication between the shallow and deep groundwater systems is minimai Vertical Groundwater Flaw Downward vertical gradients exist at the shallow/deep well pairs across the site except near Spomer Lakes where we k downward to slightly upward gradients have been calculated. Apparently the lakrs are locally contributing a constant head =barge to the groundwater. 8.3 Water Oualiry War quality samples were collected from all of the groundwater monitoring wells and from three surface water sampling points. The following parameters were analyzed: ► Volatile Organic Compounds (VOC); ► Pesticides and Herbicides; D. Trams Metals; ► Nutrients; ► Major Anions and Cations;and, ► Radionuclides and Radioactivity. Volatile organic compounds were det=md in four downgradient shallow groundwater monitoring wells (GWMW-4, GWMW-5, GWMW-5N and GWMW-7), upgradiert monitoring well GWMW-2, and in the surface water sample from the landfill tmdedrain (LF-t]D). The only VOC detected in GWMW-2 was acetone, which is presented as a result of laboratory 931061 r July 1992 -56- 913-2403 contamination. The maximum cone...-•iaation of volatile organic compounds in the downgradient monitoring wells generally exceed EPA or State of Colorado standards. VOCs were not detected in any deep wells. No pesticides or herbicides were detected in any of the water quality samples analyzed. Four ace metals (barium, cadmium, iron and manganese) were detected in one or more of the samples. In general, no tend was observed for occurrence of metals with respect to shallow versus deep wells or upgradient versus downgradient wells. The presence of iron in the deep monitoring wells but not the shallow monitoring wells suggests that water in the deeper saturated zone is chemically under reducing (anaerobic) conditions whereas water in the shallow saturated zone is under oxidizing (aerobic) conditions. Ammonia was detected in six of the seven deep wells but none of the shallow wells. The presence of ammonia in the deep wells is another indication of anaerobic conditions in the deep saturated zone and suggests that a source of ammonia exists upgradient of the landfill Nitrate was detected in all but one of the water quality samples. The detection of nitrate in upgradient as well as downgradient wells suggests an agricultural source. The water quality samples classify as calcium-sulfate to magnesium-sulfate based on the analysis of major anions and cations. Fifteen of the eighteen groundwater samples exceed the EPA and State of Colorado drinking water standard for Gross Alpha activity. Two samples exceed the EPA and State of Colorado drinking water standard for combined Radium 226 and 223. The source of radionuclides and radioactivity appears to be natural and related to geologic materials occurring beneath the site. 91061 July 1992 -57- 913-2403 The wart~quality results discussed above suggest that the landfill has contributed volatile organic compounds to the hallow saturated zone and the landfill underdrain. Concentrations exhibited by an off-site (approximately 15 feet from the landfill boundary), downgradient, shallow monitoring well (GWMW-5) suggest that volatile organic compounds have migrated off-site. Based on other analytical data collected as part of this study, the landfill does not appear to be a significant source of metals, pesticides, herbicides, nutrients, major anion and cations, or radionuclides. The deeper groundwater system has apparently not been adversely impacted by the landfill operations but has evidently berg impacted by upgrdient activities. Upgradient groundwater sample results for nit-ate, sulfate, radionuclides, and radioactivity indicate that the shallow groundwater near the landfill does not meet drinking water standards due to naturally occaring conditions or uagradient impacts. However, two downg-ndient water wells are permitted by the State of Colorado to withdraw shallow groundwater for domestic or stock use_ These two wells represent potential receptor points for volatile organic compound migration via shallow groundwater. The following section presents recommendations for upgrades to site operations and additional investigative activities based on the data presented in this rcpurt 921061 C l July 1992 -40- 913-24.03 6.0 RESULTS OF WATER QUALITY ANALYSES Water quality samples were collected at the Central Weld site in March 1992 from eight challow monitoring wells, seven deep monitoring wells, and three suthce wafer sampling sites. Several quality assurance (QA) samples were also collected: a field duplicate, a field blank, a trip blank, and laboratory blanks. Procedures used to collect the field duplicate, field blank and trip blank samples are described in Section 2.6. In addition,laboratory blanks were prepared and analyzed by the laboratory during sample analysis. Laboratory blanks were prepared by the laboratory and were analyzed without leaving the laboratory. Laboratory blank samples were analyzed concurrently with field samples to provide an indication of contamination incoduced at the laboratory. Analysis of laboratory blanks was sporadic. Several laboratory blanks were analyzed for a particular type of analysis (e.g., volatile organics), while no laboratory blanks were analyzed for other types of analyses (e.g., nutrients). This is typical for laboratory blanks and does not adversely impact the quality of the data. The samples were analyzed by Enseco/Rocky Mountain Analytical Laboratory in Arvada, Colorado. The following parameters were analyzed: ► Volatile Organic Compounds (V0Cs); ▪ Pesticides and Herbicides; ► Trace MemIs; ► Nutrients; ► Major Anions and Cations; and, ► Radionuclides and Radioactivity. l 931061 C C • July 1992 -41- 913-2403 A dice-ttdon of the laboratory results is provided below. Laboratory analytical results are included in Appendix L 6.1 Volatile Ot-c2nic Compc undo A total of 34 volarile organic compounds (VOCs) were analyzed in the water quality samples (Table 6-1). Of these, eight VOCs were detected in one or more of the samples. These are: ► Acetone; ► 1,1-Dichioroethane; ► 1,2-Dichloroethane; ► 1,2-Dichloroe:hene; ► 1,2-Dichloropropane; ► Methylene chloride; Trichloroethene; and, ▪ Tettachioroethane. The volatile organic compounds that were detected and their conceatxations are summarized in Table 6-2. VOCs were detected in five monitoring wells: GWIv_1592,^GWMW j GWMW.--SN, and GWMW-7. Al of these wells are completed in the shallow aquifer. With the exception of GWMW-2, each of these wells is located downgradient of the landfill Monitoring well GWMW-2 is located upgradient of the landfill. Figures 4-1A and 4-1B show the location of the wells and the infe:,ed direction of groundwater flow in the shallow aquifer. VOCs were also detected in one of the sarface?iater mmples, IF-UD,collecsd from the outlet. of thi.landilll underdrain. ;No VOCs were detected in the surface water samples collected from 931061 (-^ C 9i3-2403 -42- July 1992 the steel advert which drains the off-site area at the north property boundary (PT DischarF,e) and the inlet of the retention pond (RP-Inlet). • VOCs were not detected in the field blank. Methyle:te chloride was detected in the trip blank le GWMW-7. Two VOCs was detected in the laboratory blanks: acetone, and and same contaminants. Acetone methylene chloride. Both of these compounds are common laboratory was detected in sample GWMW-2. Based on the laboratory and trip blank results, acetone and methylene chloride are present as a result of laboratory contamination and do not accurately reflect impacts from the landfill. Following is a list of detected volatile organic compounds, the range of concentrations at the site, and their corresponding drinking water standards: State of Federal Range of Standard Compound Concentration Colorado Standard Standard (men (mg/1) N/A N/A <0.005 to 0.0059 1,1-Dichloroethane <0.005 to 0.018 0.0051; 0.000042 0 005' 1,2-Dichloroethne <0.005 to 0.026 1,2-Dichloroethene ; 0.005` 0.56= l,2-Dichloropropane <0.005 to 0.0066 0.005' 0.0552 0.005' Trichioroethane <0.005 to 0.070 0.0052 0.005' Trichloroethene <0.005 to 0.210 Standard shown for 1,2 dichloroethene is representative of cis-1,2-dichloroethene. 2.1=-5W-n-Ciada 1: Colorado Drinking Water Standards, CCR Title 5 2: Colorado Ground Watt= Standards, CCR Title 5 &icai Standards k under the Safe Drinking Water Act, 40 i 3: Currently applicable standard promulgated CFR 141 4: Safe Drinking Water Act Standard to become effective on July 30, 1992. i Drinking __Standard _ _--- 931%i c 913-2403 43- July 1992 Based on the information presented above, the maximum detected concentration of 1,?- dichloroethane, 1,2-dichloroProPane,thchloroethene:,and ten-achloroethene exceeds either a State of Colorado or federal sandards. The mzdmum concentration of each of these compounds was exhibited by shallow groundwater on the downgradieet site of the landfill in monitoring wells MW-4, MW-5, or MW-5N (Table 6-1). All detected concentrations of 1,2 dichloroethene are below State and federal standards- No• standards have been established for 1,1-dichlorcethane. • 6.2 oys artd Herbicide Ies were analyzed for four pesticides (Ezdrin, Lindane, Methoxychlor, Tne water quality tamp Silvez)). No pesticides or herbicides and Toxaphene) and two herbicides (2,4-D and 2,4,5-T were detected in any of the water quality samples analyzed. 6.3 'l m_e e s Ten trace metals were analyzed in the water quality samples: arsenic, barium, cadmitttr chromium, iron, lead, manganese, mercury, selenium and silver. Of these, five trace mem. (barium, cadmium, chromium, iron and manganese) were detected in one or more of tt samples_ The detected concentrations for these trace meals are summarized in Table 6-3_ Tf following paragraphs discuss the five detected trace metals. seven of the nine shallow monitoring a r a gariutir, iron, and/or manganesz we`dGxs _.m. wells and surfactts tangled um an c5iomtum we is eeh.;f the deep Monitoring e wa �. T — which was collected from dwi monitoring welL only detected in one sansple;occurrent". m the field blank or in No trace metals were detected appears to be an isolated occurrence. the trip blank sample was laboratory blank analyzed for this set of samples. As is typical, analyzed for metals. 921061 C 913-?403 • -44- ( July 1992 ranged front <0.010 to 0.043 mg/L 'There was no significant difference Barium. cant.atradons rang monitoring wells or between between the concentration of barium in the shallow and deep in the samples upgradimeit and downgradicit sampling sites. This suggests that barium detected is originating from natural, geologic sources- The detected barium concentradons were all below the current primary drinking water standard of 1.0 mg/1 established by the EPA and the State of Colorado. Iron concentrations ranged from <0.10 to 0.87 mg/1. The secondary standard for iron o Iron was only detected in the deep established by the �A and State of Colorado is 0.3 m,/l.monitoring wells and the surface water samples. The presence. of iron in the deep monitoring wells but not the shallow monitoring wells suggests that groundwater in the deeper aquifer is anaerobic) conditions whereas groundwater the shallow aquifer is chemi=lly under reducing ( enatei and under oxidizing (aerobic) conditions. Iron is nearly insoluble in waters that are oxyg not acidic but can be quite soluble in near neutral or basic waters that are void of oxygen. Field water quality measurements indicated that groundwater from both the shallow and deep aquifers enca of iron in site surface waters, expected at the site is, in fact, near neutral or basic. The pros from particulates be well aerated and therefore insoluble to iron, is probably explained entrained in the samples during collection. Surface water samples for trace metals were nal late matter in the samples. An} the source of particulate filtered when collected which could explain during sample preservationiron in the particulates would have become dissolved into the water <0.010 to 1.7 mg/1. The secondary standard fc Manganese concentrations ranged from ese was de•.xte manganese established by the EPA and State of Colorado is 0.05 mg/1. Mangan in the surface water samples, the shallow monitoring wells, and the deep monitoring well Concentrations of manganese were generally higher in the deep monitoring wells. In fact, ti maximum detected conce:ttration of manganese was exhibited by deep monitoring well GWMV behaves ve 8, located on the upgradieat side of the landfill. Geochemically, manganese similar to iron. This probably explains the diff&reace in manganese concentrations between t deep and shallow aquifers. 931061r\ IA 1 C 1 1 c o ,,,� .+. .. �••\. A ` CJ] yr. �.-- a .� I 0 h Co-. ,. r `rust N p N dap^+�6 Np :-. O N O N N C-'0 0 0 0 0 0 0in 0 00 O00O 0000000 UI ��^Q 0000000 •O O V V V V V V V '*5.4.) �.{ C 0 0 0 CQ`�'V�, V V V V V V V f V V .w-. E O N N N N t t y 1 N N N N N N Y 1 N N N N dEI: 'O 00000 0 0 0 0 ::O 00 " 00 C m uypps� 0 0 0 0 .02 0 0 O O O O y� O ' O 0 0 0 0 0 0 ' O O O 0 0 0 0 0 0 0 C L`1 CCOOGG O � 4:-:C OO 0000 , C100 tt �+��y V V V V V V V V V V V V V V V V V V ,y....,.-�s !F!FlFlF.c53 a -. <CL gl `m 01 ,,, c y 1 -_: IM pN pN pN O in N O p : :. " " N Npp N Np N t1!:::1 •: pN in N 8 S:=;7:: Ca Qs73'`�� 1 00 X0000 $ O p,,. 00000 � . 000 < 0'�'G q S .6 LO t .,.ml 0000000 0 - 0000000 . 000 V p3V V pQ 3 �'- = i V V V V V V V V H m Q a s a L C c r a} i. �s.' > 3 • wE .SEiI. m o L Z�c �[ NNN NNNN NN in u1N NNNN N Y i Ft € CJ� - N0o009-y. 00 :0000000 a 000 0000000 t> e5 G : 0 0 0 0 0 0 0 0 0 0 _ O 0 0 0 0 0 0 G O S m 0 Ct Ci.' 0co cocoas. LUrLII;o=o .N1 OCIV 6 6VVOC''C O " . 0000000 . 000 VVVVVVV ens a6me es ca W r:1 a - U m p-C 9 j m N OF ...: .-.:.M,:' E. ANN NNNN '1J) ~ y 2 E��F: ` N NNNNNNN NNN 000000 7 C I 1 e U b CFai ..' Oo08Q„60 f 00008001 000 00000001 jn I Ic L: 0 0 0 NOG 0 - 00 0 0 0 0 0 0 . 0 0 0 O O O Ci ei 0 0 'a m � 9 a I C w Z V V V V V ^ m H L U m �F g' .ji cvooC.'42‘ .�. aC. V VVVVVV VVVVV v -‹ a L7� 'f y-: ram. { �> 1 s (OJ '1.1 NVf Y] �;ONNNN NN N N N N IAr.,,,.„ NNN fi:0000000 p p p O O O ow) O O O O 0 O O O U .:El . 00000000 '0000000 i000 <CG 00000 • W,,,'!iCE/I 0 0 0 eii:V O• •O O• V JI O O O O V 0V a ; V V V V V V V V V V T Q ilI. r.-x ail_ ti .<{ ^e,., z „v.:::¢''f N In N N N N U1 N m t r, ff 0 N N N O v�'° N N N N !I:0 0 ,BOO :..0000000 00 '0000000 0 a (,� O 000000 0 A Pi EL.1•. 00000 00 a 'Ov vCICCC o _s< 00000 "'�O O ': 0000000 ,'IO1V V ,' Y V V V V V V e 9 �� V V V V V O.Qs V V [ ,� O 0t �I . .F f t E o FL x E Q ,e.- iOk .000000 OF O " " ,224 Zp " Om Y o 0 0 0 0 0 0 QT c - €. 0 000000 oo00000l� : 000 ,. 00 - - p m e 4I V •V V V V 000 "_ o •odo " oa V a y yda'Ga� m m m m c a i < ;:� r e e e m a g 2 r r I _t m m m m 8. eg L Q L j'"w':: ` NNNNNNN NN NNNNNNN .; TAB .0 00 Oa a c m m o m U .0 w -( "" " a " as as ,. : mc° m a Ca g..1 :;;T:' a -• a , N. � a aaeel e o `o 3 `o 0 m e m St''''W : : n — -, a N � _ j�:a�(( N N N N C] a a N A N C] N N A N N N N N < N N 0 0 0 - N - - = L L a a 3 !{ . c.1 a; "; C7 C7 Cg c'" Ca c7 C� ;:. Ca" C7 a" Cal C7 ca a . ca' aC7 .� C7' a a U U U L raj L — T�y ![r -200000 L E = w:v U �.N N N_ — U ai $uv . L S. m 0 1 , 1 1 $ a s g2 z ❑ mmo —NP1 •�i•` o _: « WdF:. rmc �NCf �a m .X33 �RaL31 33f �a eretIMflflPfl iea OOQOO C7a 4 � " ZI 3 Q w acrsa 9131061 C TABLE.6-3; t TRACE METALS DETECTED IN WATER QUALITY SAMPLES y.. a, *6-ii a a:"nz"mgll2. xM^' Sage- r .; bate— Banton C5 omiimz Tton' Mangane :'rJipC3IIO1Z ... , .. ... Shallow Wells <0.010 GCVMSV-I. 3/27/92 <0.010 <0.0050 <0.010 <0.10 <0.010 GWMW-2 3/27/92 <0.0050 <0.010 <0.10 3/25/92 <0.010 <0.0050 <0.010 <0.10 <0.010 G W- 3/26/92 <0.010 <0.0050 <0.010 <0.10 � GWMu 3/31/92 <0.010 <0.0050 <0.010 <0.10 0 081 wMw- 5 <0.0050 <0.010 <0.10 0 2T GWb1W 5N 3/30/92 <0.0050 <0.010 <0.10 �p2 GWMW 5N CduP ) 3/30/92 GWMW-6 3/25/92 DU <0.0050 <0.010 <0.10 0 : GWMW-7 3/31/92 0=021 <0.0050 <0.010 <0.10 0.26 Deep Wells 3/27/92 f}. 3- i 0.0050 i 0.010 <0.10 7 GwM`h 8 3/31/92 <0.010 0.0050 0.010 <0.10 Q.25 GWMW-9 0.10050 0.010 F22 €37 GWMW-10 3/25/92 <0.0050 <0.010 fI:B$ GWMw-11 3/26/92 W.:O1:4trot <0.10 GWMW-12 3/31/92 GWMW-13 3/25/92 _b <0.0050 <0.010 <0.10 038 GWMW-14 3/26/92 <0.010 <0.0050 <0.010 PP Qs9tl Surface Wont L 3/26%92 En <0.0050 <0.010 0 Z"6 <0.0050 <0.010 ...,-€ N-Disc.` a 3/27/92 0315 <0.0050 <0.010 0�4 - RP-Inlet 3/26/92 t thi QA Samples NA 3/27/92 NA NA NA NA TB <0.010 <0.0050 <0.010 <0.10 <0.0 FB 3/27/92 <0.0050 <0.010 <0.10 <0.0 D 3/30/92 <0.010 NOTES: Detected concentrations axe shaded- NA = Not Analyzed TB = Trip Blank FE = Field Blank MB = Method Blank 913-2403 Tilly 1992 931061 ,, TABLE 6-4 NUTRIENTS DETECTED IN WATER QUALITY SAMPLES .. 9T l A i. m//Klo1nC.usLLOY>.I�nrjn r, \.v e z•. Dais' Ammoma CaS N} * . Nitrate.(as:N) } Shallow Wells GWMW-1 3/27/92 <0.10 GWMW-2 3/27/92 <0.10 tet.'5 GWMW-3 3/25/92 <0.10 f.r4 GWMW-4 3/26/92 <0.10 GWMW-5 3/31/92 <0.10 5r2 GWMW-5N 3/30/92 <0.10 4`d GWMW-5N (dup) 3/30/92 <0.10 GWMW-6 3/25/92 <0.10 6:3 GWMW-7 3/31/92 <0.10 Deep Wells GWMW-8 3/27/92 <0.10 V. <0.10 GWbi`h-9 3/31/92 �_�� l GW1vIW-10 3/25/92 £§ at GWMW-11 3/26/92 Ira4 __ GWMW-12 3/31/924 ('S GWMW-13 3/25/92 fen GWMW-14 3/26/92 . fE Sulfate Waxer LF_UD 3/26/92 <0.10 N-Discharge 3/27/92 <0.10 .3 RP-Inlet 3/26/92 <0.10 ei Q4 Samples TB 3/27/92 NA NA FB 3/27/92 <0.10 <0.10 NOTE: Detected concentrations are shaded. NA = Not Analyzed TB = Trip Blank PB = Field Blank Laboratory blank samples was not analyzed for nuttzients. 913-2403 July 1992 931061 cC :. TABLE 6-5 RADIONUCLIDES AND RADIOACTIVITY DETEL IN WATER QUALITY SAMPLES „x�0- -mss. , y-, r • .s• - ' _ n- fat -. 4. .` `D �. 1u5�Ssil " 'tt Shallow Wells ` GWMW-1 3/77/92 67 50 2.0 1.9 GWMW-2 3/27/92 56 38 0.9 1.7 GWMW-3 3/25/92 180 47 7.0 6.2 GWMW-4 3/26/92 60 0.0 1.5 0.0 GWMW-5 3/31/92 19 36 0.0 1.4 GWMW-5N 3/30/92 . 90 55 1.4 0.9 GWMW-SN (dup.) 3/30/92 62 38 0.4 0.4 GWMW-6 3/25/92 64 57 12 0.9 GWMW 7 3/31/92 82 76 0.0 1.3 Deep We1Zr GWMW-8 3/27/92 38 71 ,0.4 1.0 GWMW-9 3/31/92 41 25 2.1 2.7 GWMW-10 3/25/92 49 28 2.9 3.4 GWMW-11 3/26/92 10 22 2.9 2.4 GWMW-12 3/31/92 5 1.4 1.0 0.0 GWMW-13 3/25/92 16 33 0.9 2.1 GWMW-14 3/26/92 11 17 1.1 0.2 Surface Waxer IF-UD 3/26/92 40 18 0.1 OS N-Discharge 3/27/92 15 14 0.0 0.3 RP-met 3/26192 32 16 0.3 0.7 QA Samples TB 3/27/92 NA 1 NA NA NA FE 3/27/92 0.2 J 1.6 0.0 0.0 NOTE NA = Not Analyzed TB = Trip Blank FE = Field Blank dory blank samples were not analyzed for radioactivity. 913-2403 July 1992 92)1061 i.- / il �� x J f 1. •\ , xa G5 ' ( - N I l / of `� i f ff \\ 1 .4 Caw \ _.1_ • I ( \ ' ( /_"�} Y. \tea • i I�' , •_ ..A I \� O`_`� �'\ . n, �--- ! '. �» la. '1 1� ,‘..,.\....,..:„ m»3 I'\ -mss \ C a1I r/ \‘ p, , vety y v . �,'.'v - _ vr 1.. i `�`,• X11\� , „ I , _� \ \ IV ' 1 APPROXIMATE SITE LOCATION - - i1 'I I 1 I Ce:M\,f l l . i 01\.-<7.1 \) l'clal'' . :__ , r�(`!'�V �' h I �IC,. ' II (\V\•—__ __ N Nt-N 1 / r.V ' I (boo t:\`....Cs,-;:_',17-:-C:::- ,‘ i L ± t . y4-� _ LAKES � V — (Adna • GREAT �� I/ i -•; _ _ h • meson 11 - r 9 -692 I IC. I A 1 1 x. .7261 , ---� __� --�--�_ e )CL y ^ Daniels 47,5 /• . i\ ',_ _ I� rci. . .C: •$ch - 0L.T a7jZ .728 i J�,ad ' I d' .--YK) li I 17 _to 7 / i } ': / �o .. I / TftLE Oe GENERAL SITE LOCATION 461 I7 As Associates Denver, Colorado a:Elrr/P +C DRAWN KAW tar -LW 992 doa no. 923-2403 WASTE SERVICES CORPORATION O*IXED jc IscA-E r-2coo• bWc NO./REv. '•a. nrii-rn A I ll/C7 n CA MITAIlY I AAIr1C11 I ___.-.__._ _-.. _._....__. -..ems ..,. _ - I Q ht gk 9 i :^ sr"S!: ; la • Jjtti 7 !' d9 G a Y. iy S i %S 511 E21)i - 0—z •n O ■ OI 3 as�; = o 3 a Ti- v 55 Sk°+� .s r 2 a a J �`oo.,. `WS sy o rs - - ; g _ t sa 3 ° vp. - �ryif I . CO. Hv 1 .uVj i / 4 14rit ( / (.. SJQc2 n Nh '.$ 'd 1/ NQ LOW e. '' 1 • -—I I \ J II, y asH a' I (lit.: . I.''�t.„ _ 1 /'R I II • T i ° t l;;N. a wi a ry�{, OP a� Nh� - � :J 42V44 C } a :I II p i : t:ii ! ___ __i_l_______:Ill:: ,,,:i. f ./c..1 off, ' i 1 .4174 R' - 1� ,i �' n R --_ . 33 ' , ' . t\\ i hP. is a.,' • -• . 3a CI 931061 � ol � ,4906 �- 3 3a_ i 2s� J i ps_ I __ , ,..., _ _ , , I \ � ,_ }� � , I\ .. l iv,�. �� .- J1\ —_� ';I l ;, CW_SL \ , 1 tsu i C' 32 �1 _ 331 .• III Is, <-\1-4',- \�� I p o t � II j ° fE1590� I Vv} �� 1I, : 1 Irr11 t �_ til L t ` w': 450 ( �_ 1�'_ jI, \7 410 ® i icCi /R ' (��O1 ___: it 4 1� �s % ` >Y� Q�' ;NJ-- N / • 4691, -7- i,,,Aci ,ReA \\ .- - ., 1 //(4 GP .ens. �/ i _y i 2, p-n -c-_. L i N m s o w`- 11 ,--- I k Well .- _•_ I ,4fi 1 , = • • Daniels 4ns LEGEND 1�pircn r$ch r13Z • .zza ~ "1°r si ) MJVBER OF PERMIT® WELLS I N QUARTER/OUARTEFt SECTION ursy VVB_L Pa t+1 IT JVBER. / / e s�Tocr FOR D5CUSSiON so 7 , - MIX PERMITTED WS-LS WITFt1 A illGolder / 5%1061 O Associates Denver, Colorado CLIENT/PROJECT ��p'�1 CORPORATION CRAWR KAW pre -11Y 1992 doe no. 913-2403 WASTE SERVICES 'iTiEJ tU jAc ISGIE r., u., OwC /REV. so. CENTRAL EL WD SANITARY LANDFILLREV EWD A�J Fl E .W. FIGURE no. 9-7 • TABLE 2-4 PERMITTED WELLS DOWNGRADIENT OF THE CENTRAL WELD SANITARY LANDFILL t af„ ,,,F3 : Tgfc . YVFt r DE i„`>t(bfJE l !Ipg ss : '� "�"'yw�c > - �x' 2` ab s Y,y,�1 "x` •w-- auH Y: t �<" x: cIttoilit a<sxa.::..... OW NE.t.x«,e 4.eox.m.e..zsrr ( ...:.W _ (ft fl �' "`=Y USE;" :: #765 Robert Race 263 NA D Parker, Colorado #11090 GA & MJ Shable 37 8 S Milliken, Colorado #90580 H Daniels 22 9 D Denver, Colorado Notes: NA= Data not available Usage Codes D = Domestic S = Stock Source: Colorado State Engineer, Division of Water Resources l August 1992 913-2403 931061 cw, (e,t, 1 UJ 4d 50_LtdvitiL Wz.stc ;•ia ocrcrmcnt of North Ancric.:. ;n . ,t G�p,-.�. •.7O'. .^-(OZa 3ivd.•Fnr,ic_:•;C C'd. C ',:'C:.^�i t: ^,,.o :C15/770-3324 (k.-L 7 October 5, 1992 Ms. Austin Buckingham Colorado Department of Health Hazardous Materials and Waste Management Division HMWMD-SWIM-B2 4300 Cherry Creek Drive South Denver CO 80222-1530 RE: CENTRAL WELD SANITARY LANDFILL CONFIRMATION GROUNDWATER SAMPLING Dear Ms . Buckingham: Enclosed for your review is the final report and summary letter from SEC/Donohue dated September 10 , 1992 , for the confirmation sampling event performed at Central Weld Sanitary Landfill (CWSL) . This sampling event included the Spomer pond that receives discharge from the landfill underdrain. This pond was not previously included in the sampling event performed as part of the CWSL Hydrogeologic investigation. Please contact Bill Hedberg at 1-330-2641 or Alan Scheere at 770- 3324 if you have any questions about the report. Sincerely,� � tx( , 1 Bill Hedberg Alan Scheere Division V.P. Landfill Operations Environmental Specialist AS\mmp mmp Enclosure cc: John Pickle, Weld County Health Department w/enc Sara Broadbent, Western Region wp5l4a\buckmglum.924 F: CWSL 9.1 931061 __ • SEC DONOHUE Environment & Infrastructure September 10, 1992 Lori Tagawa Waste Management of Colorado, Inc. 5660 Greenwood Plaza Blvd. Suite 400 Englewood, CO 80111 • RE: CENTRAL WELD COUNTY SANITARY LANDFILL CONFORMATION GROUNDWATER SAMPLING Dear Lori, Enclosed for your review is the final report for the July, 1992 conformation sampling event performed at the Central Weld County Sanitary Landfill as part of the hydro-geo investigation. Sampling was conducted on July 15, 16, 17, 20 and 21, 1992 and the analysis was performed by the Waste Management, Inc. Environmental Monitoring Laboratory (EML). The results presented in the EML report confirm the original results reported by Enseco-Rocky Mountain Analytical in support of the hydro-geo investigation. Virtually all volatile compounds detected during the original sampling and Enseco analysis were confirmed and reported by the EML analysis. Compounds that were not confirmed by EVIL include acetone in GWMW02 which was detected just over the reporting by Enseco. EML reported no volatile compounds in GWMW02 indicating that the original value is most likely a laboratory or field contaminant. EML did not report methylene chloride in GWMW07, again indicating that the Enseco value may be from a laboratory source. The Enseco data reports the compound 1,2-dichloroethene as 'total" and reported a detection of this compound in wells GWMW05 and GWMW5N: EML reports only the "trans" isomer and this was not detected in GWMW05 or GWMW5N indicating that the "total" values in the Enseco report are likely attributable to the "cis" isomer. In addition to confirming the compounds detected in the original analysis, the EML data, which -generally had lower reportinglimits for the-volatile compounds reported additional compounds at a level that was below the Enseco reporting limit. These compounds include: 1,1 dichlorethane, tetrachloroethene and tichloroethene in GWMV/04, 1,2-dichloropropane and 1,1 dichloroethane in GWMW05, 1,1-dichloroethane, (trans)I,2-dichloroethene, tichloroethene,and vinyl chloride in GWMW07, carbon sulfide in GWMW 10 and trichloromethane in the Under Drain. 931061 Ms. Tagawa September 10, 1992 Page 2 • Enseco did not analyze for the compound dichlorofluoromethane and 9s4L reported this in wells GWMW04, GWMW05, GWMWSN and GWMW07 and the Under Drain.Enseco also did nok analyze for the compound tichlorofluoromethane aad E?s reported this in well GWMWO7 and j the Under Drain. A table comparing volatile compounds detected during the Enseco and EML analyses is included. During the EML analysis the compounds bromodichloromethane and chloroform were detected in field blank 01 and chloroform was detected in field blank 02. This was most likely present in the deionized water that was used as opposed to appearing from a field source. These compounds were not detected in any of the wells and the deionized water appears to have had no adverse affects on the data. Trihalomethanes (THMs) can be found in drinking water supplies as a byproduct of the treatment process. There appeared to be no significate changes in the metals or other inorganic results between the Enseco-RMAL and EML reports. Please feel free to contact me if you have any questions regarding this event. Sincerely, Randy ompson Environmental Scientist RT/rt cc: Bruce Clabaugh, WMC w/enc. 931061 s. DETECTED VOLATILE COMPOUNDS (original'RMA and confirming EML analyses) Well Compound Level-EML Level-RMA GWMW02 Acetone ND @25 ug/L 34 ug/L GWMW04 1,2-Dichloroethane D 18 1,1-Dichloroeh`�ane 5 ND @5 Dichlorofluoromethane 487 NA Tetrachloroethene 3 ND @5 4 Trichloroethene I:_•- 7 ND @5 GWMW05 Tetrachloroethene '230 7 210 Trichloroethene 786' 70 1,2-Dichloroethene ND (trans) @6 26 (total) 1,1-Dichloroethane 1101 . ND @10 1,2-Dichloropropane 793 ND @10 Dichlorofluoromethane 16 -- ' NA GWMW5N Tetrachloroethene 380 140 Trichloroethene —190 . 50 1,2-Dichloroethene ND (trans) @12 17 (total) 1,1-Dichloroethane . 17 I 5.4 1,2-Dichloropropane 116— 5.8 Dichlorofluoromethane 110.1 NA GWMW07 Tetrachloroethene '38_ 9.5 Trichloroethene 4.775J ND @5 1,2-Dichloroethene a9 (trans) ND (total) @5 1,1-Dichloroethane '16 ND @5 1,2-Dichloroethane _ 16 6.1 • Dichlorofluoromethane .18. -' NA Trichlorofluoromethane "'S.—) NA Vinyl Chloride 2 ND @10 Methylene chloride ND @3 10 GWMW10 Carbon disulfide 3 ND @5 LFUD Tetrachloroethene 5 5 Trichloroethene .3 ; ND @5 , 1,1-Dichloroethane 7 ' 5.4 Dichlorofluoromethane 9 l NA Trichlorofluoromethane _3 NA (NA = Not analyzed, ND = Not detected) 931061 i _ a I i 4 = k2< .5G a 6 I L, s - etr. li N ` cc -5 w r '•:; I S r 57 r< 4C ?; W pSi LL e < 7 e Inj + 3 Li� a 4 I ,D • Ji z i S t ! If - • i O -4i i_ ( ; - ¢a 1 ji , i ,J, fa w i i� y( 4F, of u , i ic NI Y I V W 3f ' ' 4r • t: .`: i r 1 I, - i W •. / ` 11 � : s. , 1 Y It / �: i , • W ` 1 a - J 921061 { ` 77, ate-- - -- -.y . :_ - 3 r ,106 y _ ? -- —. .'11`. . '7.._ +ss r is CC ri TL F Oa Fa p F 5,). 2 ; F O 0 0 CC �r q Y $6 V2 E2 • WZ 8 4.4 WM Z6 00.4 C ...1 t.14 W �a caa s.F. o� �r la w coE La JWm -z as _ ..: 6. t r• 3• 30 i _ _ 'a a e Zr • i t 24 el .,, , \ \ 'L--- /- � _ Y 6 ` \ 213 W \ k ♦ Na J ti 3.a., , - 1 •,\- �S._ - \ - �. .`v� , — \ ----Ii i . I 1 \\\ �•�- \ \\ • 111 ,� .-.. ,1, — (�.• 1^ \ •:\k,,e. , I err. O• \ , 1 / ``\ f ... iii... __ ` , r A. 1r 4 ` I , _.. , . • \ , ,,_ • , \ i, -:- — jif' .-•. I� ' .._ _ \ 11.E r� ti' • in a. n u • N Ion W 3 C i g § ai W tl 2 5 3 8 b s f.C SS;II a _a O 1 uy +b� �- n • 3 i N 3 V G I ac u,•155 n WI V ao,•gi -cc a N o - s S ._ - ' e —.� r4 - 3 n, .1 t J NCIret .4 \\è\ra C7- a • / g111 4n..- y3q -1 / ti2,1i ti4 �' l '� G VI-'1 Dl J t1 .- I LL ! r,;' —_� . . N+V c ::-/Nz 116 -21 Li . .•tea ' Ci- ire 1 1 , : O L et IX WN a r .1 ' • I . IN• `—late../ , 1 ' ? t t ;'' IIg W W Y J { ,, I.t ,+I • W# i li T 4 1 ? a iE46 Ag C y1J 60Q,py `1 p ly ? v� _.. u. •} v i jt :� 4 !r, • !I .I�it,/ia t % x VIl`d' I O 00. VI- �... ",' Jl c — I !II !) 1 ` f y( n 3Y+,„k-(0,;(- - -----c_ i_A....te--- ilA . i. v 1 + / --) t-+i• ; 1''i ! nI f 1I�I,r, a 1 i\ �. o ' � '21 GM ' t Y . i ..� kYfr k4 ''v m ! : ' , � 1 1�� 1 y �� i♦ .i i V - :I. i�,. . 1 ug. , rd 11 kr r ._ . , . . .. . ..N°-d" . �? 9.7R ^a 'IZ"t � a ". r i t 1/ CI 931061 AGREEMENT OF HAYES, TELEP AND CARLSON • AND WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO :INC. This Agreement is made and entered into by and among Waste ManageilieritDisposal Services of Colorado, Inc., a Colorado corporation with principal offices at 6037,77thi Avenue, Greeley, Colorado 80634, also known as Waste Services, Inc. and hereinafter "Services;", Samuel and Myrtle Telep, 2315 54th Avenue, Greeley, Colorado, 80634; Michael and Ann Hayes, 8200 W. 49th Street, Greeley, Colorado 80634; and Jane Carlson, 1109 13th Street, Greeley, Colorado 80631; hereinafter referred to individually by surname and who have participated in a group calling themselves the "Ashton-Daniels Neighborhood Association" and hereinafter referred to in this Agreement as the "Association." This Agreement shall be binding on Services and parent, affiliated, or subsidiary companies or entities, their successors in interest, and the individual Association signatories hereto, and their successors in interest. WITNESSETH THAT: WHEREAS, Services owns and operates Central Weld Sanitary Landfill, hereinafter referred to as "Landfill," on property described in Exhibit "A" attached hereto, hereinafter "Parcel A," pursuant to a Special Use Permit and Certificate of Designation issued by the County Commissioners of the County of Weld, State of Colorado, on or about October 6, 1971; and WHEREAS, Services owns certain other property fully-described in Exhibit "B" attached hereto, hereinafter "Parcel B," which is adjacent to, and abuts, Parcel A; and WHEREAS, Telep, Hayes and Carlson own, occupy or have an interest in property in the vicinity of the Landfill; and WHEREAS, the Weld County Department of Planning Services has alleged that the Landfill operations violate the terms of the Special Use Permit; and Cu itch 36 931061 WHEREAS, a hearing was held before the County Commissioners of Weld County, hereinafter "Commissioners," on or about April 5, 1993, at which the Commissioners adopted a Resolution finding probable cause to believe that the Landfill was being operated in violation of the Special Use Permit and scheduled a Show Cause Hearing for October 13, 1993, to hear the matter on its merits and determine what action, if any, should be taken based on the evidence and the findings made thereon; and WHEREAS, Telep, Hayes and Carlson individually, and as members of the Association, appeared at the hearing on April 5, 1993, and urged that the Landfill was in violation of the Special Use Permit and then urged that the Landfill be closed immediately and the Special Use Permit be terminated; and WHEREAS, Services denies that the operation of the Landfill violates the terms and conditions of the Special Use Permit or applicable state and federal statutes and regulations; and WHEREAS, Services has filed with the Commissioners an "Amendment Application of Special Use Permit No. 116 for the Central Weld Sanitary Landfill" dated March 31, 1993, and filed April 1, 1993, hereinafter referred to as "Amendment Application," which includes requests for approval of excavation of surface material from Parcel B and the construction of wetlands on Parcel B; which application contemplates continued operation of the Landfill for an additional twelve to fourteen years and is being reviewed by a number of agencies including the Colorado Department of Health; and WHEREAS, Services, on or about November 25, 1992 and January 7, 1993, applied to the Colorado Water Quality Control Commission for a Colorado Discharge Permit for the operation of the Landfill, which applications have been consolidated and were the subject of public comment on September 21, 1993 in Greeley, Colorado; and WHEREAS, Services filed an "Interim Measure Plan" on April 1, 1993 and a "Supplemental Interim Measure Plan"on or about May 27, 1993, which are pending with the Commissioners and the Colorado Department of Health, and has filed an application for 2 931061 construction of a French Drain which has been approved by the Colorado Department of Health, Weld County Department of Health, and the Army Corps of Engineers, and is pending approval by the Weld County Department of Planning Services; and WHEREAS, Services will file with the Colorado Department of Health and the Commissioners a Closure and Post-Closure Plan in compliance with all state and federal regulations applicable to landfills operating after October 9, 1993; and WHEREAS, on August 25, 1993, Telep, Hayes and Carlson individually, and as members of the Association, filed with the Colorado Department of Health a letter and citizen suit notice under the Clean Water Act and the Resource Conservation and Recovery Act; and WHEREAS, the parties wish to resolve between themselves their disputes and disagreements relating to the operation, closure and post-closure activities to be conducted on Parcels A and B, hereinafter collectively referred to as the "Site," and to agree to jointly approach the Commissioners, for adoption of an enforceable Resolution incorporating the elements contained in this Agreement and those enforcement mechanisms deemed appropriate by the Commissioners. NOW, THEREFORE, for and in consideration of the foregoing, the parties hereto agree as follows: 1. Show Cause Hearing. The parties will jointly seek and support a hearing to be held on or before October 13, 1993, at which the Commissioners would consider the adoption of an enforceable Resolution to include the following elements. Upon adoption of such Resolution, Commissioners would dismiss without prejudice the Show Cause Hearing scheduled for October 13, 1993, to consider the revocation of the Special Use Permit. 3 931061 2. Closure Criteria. The Landfill will not exceed the elevations, grades, and contours shown on Exhibit C attached hereto. The maximum elevation will not exceed 4855 feet above mean sea level. Landfilling and closure activities will proceed north to south so that the maximum allowable height is reached soonest along the northern part of the Landfill. Exhibit D-1, attached hereto, is a certified, computer-generated digital photograph of the anticipated appearance of the Landfill from the viewpoint on the Telep property specified on Exhibit D-2, attached hereto. Exhibit D-1 is intended to reflect the anticipated appearance of a Landfill constructed to the elevations and grades specified in Exhibit C. Even though Exhibit D-1 also depicts vegetation, the actual vegetation to be installed during final closure will be as proposed by Services, commented on by Telep, Hayes and Carlson individually, and as members of the Association, and approved by the Commissioners and the Colorado Department of Health, as part of the Closure Plan. Any conflict between Exhibits C and D-1, shall be resolved by giving effect to both as reasonably and completely as possible, except that, to the extent any conflict exists between Exhibits C and D-1, Exhibit C shall control. 3. Closure Schedule. The target date for cessation of waste disposal activities shall be December 31, 1996, as depicted in the schedule attached hereto as Exhibit E. In no event shall waste disposal activities continue beyond December 31, 1997. Services will make good faith efforts to maintain the flow of acceptable solid wastes to the Landfill at or above the current rate to the extent within its ability. If, due to circumstances beyond the reasonable control of Services, waste contours and elevations sufficient to reach the final contours and elevations depicted in Exhibit C are not reached throughout the site on or before December 31, 1996, waste disposal activities shall continue only until waste contours and elevations sufficient to reach final contours and elevations are reached. If waste disposal 4 931061 activities extend beyond December 31, 1996, Services will complete the installation of final cover and drainage controls within six months of final receipt of waste. In no event shall activities necessary for the installation of the final cover cap and drainage controls and initiation of vegetation extend beyond June 30, 1998. Services shall submit monthly reports to the Weld County Health Department and to the parties to this Agreement, which shall include, in addition to any other information regularly required by the Weld County Department of Health, a report on the volume of solid wastes received at the Landfill, including a breakout of the volume and type of special wastes received at the Landfill. 4. Special Wastes. Commencing with the adoption of a Resolution by County as set forth in Paragraph 1 of this Agreement, only those special wastes identified in the three page portion of Exhibit F, attached hereto, shall be received at the Landfill. Exhibit F consists of that list of wastes, handling procedures and other specifications acceptable to the Weld County Health Department. The handling and deposit of such wastes shall comply with all laws, rules, regulations applicable to such wastes at the time they are deposited in the landfill, and any additional procedures or techniques specified in Exhibit F. 5. Groundwater and Surface Water. Services shall install three additional monitoring wells on the southern boundary of Services' property to monitor the shallow groundwater flow, said wells to be constructed and spaced as approved by the Colorado Department of Health, in consultation with the Weld County Health Department, as necessary, to intercept, sample, and test the shallow groundwater. 5 931061 These three wells shall be monitored, sampled and the samples analyzed, to establish initially a baseline and, thereafter, to measure changes in water quality, if any, from the time the wells are installed to expiration of the post-closure monitoring period as established for the Site by the Colorado Department of Health under laws and regulations applicable at the time the monitoring period is established or modified. The protocol, including sampling frequency and the parameters to be sampled are as follows: the wells will be sampled initially for analysis of volatile organic compounds (EPA Method 8240 or 8260); conditional on the results therefrom, the frequency of monitoring and the parameters to be sampled and tested shall be as determined by the Colorado Department of Health in consultation with the Weld County Health Department. Services shall provide test results of all samples taken from the wells, promptly upon receipt of confirmatory results to the Weld County Health Department. Services shall undertake whatever remedial activities, including the installation of additional monitoring wells, are required by the Colorado Department of Health or other jurisdictions having authority to require such remedial activities. Any offsite monitoring and remedial activities are conditional upon the county or state officials being able to obtain access therefor. 6. Future Use of Property. Services shall not pursue any request for approval of waste handling, storage, transfer or disposal activities on the Site beyond December 31, 1997. Services shall request that the Commissioners act on only that part of the Amendment Application applicable to excavation and closure/post-closure and remedial activities proposed for Parcel B. Services shall withdraw its application for an amendment to the Certificate of 6 931061 Designation, which application was filed on April 1, 1993, and, if approved, would authorize waste disposal activities beyond December 31, 1997. Between the date of execution of this Agreement and final cessation of waste disposal activities specified in Paragraph 3 of this Agreement, no operation other than the landfill operation historically conducted at the Landfill, closure and remedial activities and any other activities required by federal, state or local agencies shall be allowed on the Site. Such activities will be conducted in compliance with law and legal requirements applicable to landfills operating after October 9, 1993. Following final closure of the Landfill, no portion of the Site shall be used for handling, storage, transfer or disposal of waste whatsoever. Closure/post closure activities and remedial activities, and any other activities required by federal, state or local agencies may be conducted on the site. The present zoning is agricultural. Any other future use of the Site will be subject to the physical constraints of the site, such as soil and slope stability, and shall also be subject to all applicable land use, zoning and permitting requirements, including public review and comment. If Services submits an application to the County for any use other than that allowed, as of right, under applicable zoning at the time of application, Services will provide notice of such application to the Association at the same time it is submitted to the County. Services agrees not to petition any city or town for annexation of the Site, unless the terms of such annexation include assumption by the city or town of the County's resolutions regarding the Site. 7. Buildings. All buildings and other structures on the Site shall be removed within six months of final closure of the Landfill, and, in no event, later than June 30, 1998, except that the residence, one additional existing building and temporary sheds necessary for closure/post-closure or remediation activities may remain. The one additional existing building and temporary sheds shall be removed when they are no longer reasonably needed for 7 931061 closure/post-closure or remedial activities. In no event shall any building on the site be utilized for the conduct of truck or equipment storage, maintenance or parking except as required to complete closure/post-closure or remedial activities. Services will not construct any buildings on that portion of Parcel A visable from Knister Farms as depicted in Exhibit D-1 that would further restrict the view from Knister Farms as depicted in Exhibit D-1, except any temporary buildings necessary for closure/post-closure or remedial activities. Any future construction of buildings on the Site, other than those allowed, as of right, under applicable zoning at the time of application, will be subject to the physical constraints of the Site, such as soil and slope stability, and shall also be subject to all applicable land use, zoning and permitting requirements, including public review and comment. If Services submits an application to the County for approval of buildings other than those allowed, as of right, under applicable zoning at the time of application, Services will provide notice of such application to the Association at the same time it is submitted to the County. Telep, Hayes and Carlson reserve the right to contest any use or structure which would alter the view from the Telep (Knister Farms) property as shown on Exhibits D-1 and D-2. 8. Closure/Post Closure Plans. On or before October 9, 1993, Services shall submit to the Colorado Department of Health and the Commissioners, for review and approval, a Closure/Post-Closure Plan ("Closure Plan") in accordance with rules and regulations, including, without limitation, 40 C.F.R. Part 258 ("Federal Subtitle D") and 6 C.C.R. 100-7-2 ("State Subtitle D"), applicable to landfills operating after October 9, 1993, and requirements of Weld County and as provided under the terms and conditions of this Agreement. The Closure Plan shall be subject to review and approval by the Colorado Department of Health and the Commissioners and subject to review and comment by the parties, the Weld County Health 8 931061 Department and any other agencies to which the Colorado Department of Health and the Commissioners are required to circulate the Plan for such review and comment. The parties will jointly seek and support the adoption of an enforceable Resolution by the Commissioners approving the Closure Plan, which complies with applicable laws and regulations for landfills operating after October 9, 1993. 9. Drainage from Telep Property (Known as Knister Farms). If existing or future conditions on the Site are shown to restrict drainage from the Telep property associated with storm events or historic agricultural activities on the Telep property so as to interfere with such activities, Services and Telep shall consult and cooperate in good faith in determining what steps are reasonably necessary to mitigate such an impact on drainage and Services shall take whatever steps are jointly agreed to by Telep and Services. Telep and Services reserve any and all rights at law or equity to remedy any such occurrence. 10. Paving of County Roads. Services will support any individual party to this Agreement in their effort to have County pave that portion of Weld County Road 27 1/2 and 49th Street which cause dust to deposit on their property or cause a nuisance to their residents, including a request by any individual signatory that County incorporate a provision for such paving into the Resolution adopted pursuant to Paragraph 1; provided, however, that refusal by the Commissioners to incorporate such a provision shall not constitute a basis for contending or finding that the Resolution does not satisfy the terms and conditions of this Agreement. In addition, Services will, at least annually and more often at the reasonable request of the parties 9 931061 affected by such traffic, notify all commercial customers that the official route to the Landfill is via Weld County Road 378 and request their use of that route and adherence to speed limits thereon. 11. Cooperation of Parties in Adoption of Resolution. Issuance of Permits and Approval of Plans. The parties agree to use their best efforts to cooperate to accomplish the following: 1) the issuance of a Resolution by the Commissioners consistent with and incorporating all provisions of this Agreement; 2) the issuance by the Commissioners to Services of a special land use permit, pursuant to applicable laws and regulations, allowing excavation of clean fill dirt from, and closure/post-closure and remedial activity on, Parcel B which use permit the parties agree not to oppose; 3) the issuance by the Colorado Department of Health of a CPDES permit pursuant to applicable laws and regulations; and 4) approval by the Commissioners and the Colorado Department of Health of a Closure/Post Closure Plan pursuant to laws and regulations applicable to landfills operating after October 9, 1993. Parties agree not to seek terms or conditions in any permits, plans or Resolutions that would conflict with the terms of this Agreement. Parties reserve the right to freedom of speech, but agree to support a press release which may be mutually agreed upon between counsel for the parties. 12. Withdrawal of Requests and Notices Pending Before the Water Ouality Commission. Upon adoption by the Weld County Commissioners of a Resolution incorporating the terms of this Agreement, the individual signatories for themselves, and as members of the Association, agree not to pursue the August 25, 1993 letter to the Colorado Department of Health and to withdraw the citizen suit notices filed under the Clean Water Act and the Resource Conservation and Recovery Act and the request to the Commissioners that they hold a probable 10 931061 cause hearing on revocation of the Certificate of Designation. The individual signatories for themselves, and as members of the Association, agree to acknowledge in writing to the Colorado Department of Health and the U.S. EPA that they have agreed not to pursue the August 25, 1993, letter and have agreed to withdraw the citizen suit notice. The individual signatories for themselves, and as members of the Association, further agree that upon execution of this Agreement they will withdraw any and all requests currently pending before the Colorado Department of Health, Water Quality Division, that the Division incorporate into the CPDES permit a sampling point and permitted outfall at places other than that proposed in the draft permit. 13. Term of Agreement. This Agreement shall remain in full force and effect until the Commissioners adopt an enforceable Resolution which shall incorporate the terms of this Agreement, and be enforced by the Commissioners. Enforcement remedies under the Resolution shall include the ability to suspend and/or revoke the Special Use Permit and Certificate of Designation for waste disposal activities at the Site, mandatory or prohibitory injunctive relief and such other remedies as may be provided for by the County under applicable County zoning ordinances or the Solid Waste Sites and Facilities Act. The obligations hereunder are subject to the occurrence of all of the following conditions: 1) the issuance of a Resolution by the Commissioners consistent in all material respects with the provisions of this Agreement; 2) the issuance by the Commissioners to Services of a land use permit allowing excavation of fill dirt from, and proposed remedial activities on, Parcel B; 3) the issuance by the Colorado Department of Health of a CPDES permit pursuant to the current application filed by Services and acceptance of that permit by Services; 4) notification by the Association and individual Signatories to the Colorado Department of Health of the agreement not to pursue the August 25, 11 931061 1993, letter and withdrawal of the citizen suit notices filed under the Clean Water Act and the Resource Conservation and Recovery Act and the request for a probable cause hearing on the Certificate of Designation; and 5) the adoption by the Commissioners of a Resolution approving the Closure Plan submitted pursuant to Paragraph 8. Upon occurrence of all five conditions, the Commissioners will dismiss the Show Cause Hearing with prejudice. In the event any of the five conditions listed in the immediately preceding sentence does not occur within 180 days from the date of execution of this Agreement, then this Agreement shall be null and void and shall be of no further force and effect whatsoever. The Resolution will provide that the Commissioners will proceed to reconvene the Show Cause Hearing on Revocation of the Special Use Permit if this Agreement becomes null and void. 14. Compliance . All activities conducted on the Site shall comply with all local, state and federal statutes, regulations and ordinances including, without limitation, State and Federal Subtitle D Regulations applicable to landfills operating after October 9, 1993. Any party to this Agreement may exercise the remedies available to them under said laws. Time is of the essence in performance of this Agreement, it being specifically understood that the purpose of this Agreement is to provide for completion of all landfilling, closure, capping and landscaping activities within the timeframes provided in this Agreement. 15. Notices. All notices and documents specified by this Agreement shall be sent to the following: John Pickle, Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 80631 Chuck Cunliffe, Weld County Planning Department 1400 North 17th Avenue Greeley, Colorado 80631 12 931061 Mr. and Mrs. Michael Hayes 8200 West 49th Street Greeley, Colorado 80634 Jane Carlson 1109 13th Street Greeley, Colorado 80631 Mr. and Mrs. Samuel Telep 2315 54th Avenue Greeley, Colorado 80634 16. Recording. This document and the similar Resolution adopted by the Commissioners shall be recorded with the County Clerk. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals as of this / day of September 1993. WASTE MANAGEMENT DISPOSAL INDIVIDUAL ASSOCIATION SERVICES OF COLORADO, INC. SIG By: —7d277 gU (1 Z- __��! i � € Tom Buchholz Samuel ele C� Title: Division President & . -&e General Manager ll rtle Telep 1;&'Air 5ZA ichael Hayes Ann Hayes Jane Carlson a:\doc.3 13 931061 - EXHIBIT "A" Existing Central Weld Sanitary Landfill Property The W1/2 SW1/4 and the SE1/4 SW1/4 of Section 32, Township 5 North, Range 66 West of the 6th P.M. , EXCEPTING THEREFROM that portion conveyed to Louis Spomer and John Spotter by Deed recorded March 11 , 1930 in Book 891 at Page 143 . • 931061 EXHIBIT "B" Page 1 of 4 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8031839C-3 SCHEDULE A - Continued LEGAL DESCRIPTION PARCEL 1: A tract of land located in the SE1/4 of Section 31, and the SW1/4 of Section 32 , Township 5 North, Range 66 West of the 6th P.M. , and the NW1/4 of Section 5, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Beginning at the Northeast corner of said SE1/4 of Section 31; thence South 00 degrees 08 minutes 22 seconds West along the East line of said SE1/4 a distance of 1656 . 52 feet to a point on the Southwesterly line of that parcel of land described in Book 1094 as Reception No. 02034592 in the records of said said Weld County; also being the Northeasterly line of a parcel of land described in Book 1220, as Reception No. 02167034 , in the Records of said Weld County; thence along said Southwesterly line, the following 6 courses: 1) South 43 degrees 26 minutes 21 seconds East, a distance of 591 . 14 feet; 2) North 13 degrees 36 minutes 44 seconds East, a distance of 97 . 00 feet; 3) North 11 degrees 48 minutes 30 seconds West, a distance of 140. 00 feet; 4) North 68 degrees 31 minutes 42 seconds East, a distance of 81 . 00 feet; 5) South 24 degrees 28 minutes 23 seconds East, a distance of 497 . 00 feet; 6) South 22 degrees 48 minutes 23 seconds East, a distance of 338 . 13 feet to the South line of said SW1/4 of Section 32 ; thence North 88 degrees 51 minutes 03 seconds East along said South line a distance of 1785 . 10 feet to a point on the West right of way line of the Public Highway described in Book 300 at page 473 in the records of said Weld County; thence South 3 degrees 37 minutes 42 seconds East along said West right of way line a distance of 703 . 60 feet from which a #5 rebar with aluminum cap L. S. #18472 bears South 61 degrees 27 minutes 29 seconds West a distance of 174 . 52 feet thence along the following 23 courses, each course being marked by a #5 rebar with aluminum cap L.S. #18472; 1) thence South 61 degrees 27 minutes 29 seconds West, a distance of 174 . 52 feet; 2) thence South 61 degrees 27 minutes 47 seconds West, a distance of 229. 14 feet; 3) thence South 62 degrees 53 minutes 41 seconds West, a distance of 489 . 54 feet; Page 2 931061 Page 2 of 4 EXHIBIT "B" TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8031839C-3 SCHEDULE A - Continued LEGAL DESCRIPTION 4) thence South 65 degrees 14 minutes 53 seconds West, a distance of 256. 26 feet; 5) thence South 65 degrees 52 minutes 30 seconds West, a distance of 274 . 65 feet; 6) thence North 28 degrees 59 minutes 15 seconds West, a distance of 105. 24 feet; 7) thence North 29 degrees 36 minutes 06 seconds West, a distance of 149 . 14 feet; 8) thence North 29 degrees 15 minutes 55 seconds West, a distance of 153. 92 feet; 9) thence North 45 degrees 27 minutes 23 seconds West, a distance of 460. 71 feet; 10) thence North 45 degrees 37 minutes 41 seconds West, a distance of 205. 17 feet; 11) thence North 39 degrees 55 minutes 26 seconds West, a distance of 77 . 05 feet; 12) thence North 14 degrees 37 minutes 49 seconds West, a distance of 80. 05 feet; 13) thence North 14 degrees 31 minutes 02 seconds West, a distance of 144 . 47 feet; 14) thence North 15 degrees 06 minutes 27 seconds West, a distance of 129. 41 feet; 15) thence North 44 degrees 03 minutes 15 seconds West, a distance of 289 . 35 feet; 16) thence North 41 degrees 39 minutes 13 seconds West, a distance of 234 . 03 feet; 17) thence North 30 degrees 51 minutes 45 seconds West, a distance of 261. 99 feet; 18) thence North 30 degrees 40 minutes 39 seconds West, a distance of 183 . 26 feet; 19) thence North 20 degrees 52 minutes 42 seconds West, a distance of 232 . 87 feet; 20) thence North 20 degrees 59 minutes 00 seconds West, a distance of 254 . 24 feet; 21) thence North 34 degrees 55 minutes 06 seconds East, a distance of 334 . 68 feet; 22) thence North 17 degrees 20 minutes 35 seconds West, a distance of 655 . 61 feet; 23) thence North 15 degrees 54 minutes 55 seconds West, a distance of 560. 65 feet, more or less, to a point on the North line of said SE1/4 of Section 31; thence Easterly along said North line a distance of 366. 44 feet to the Point of Beginning. Page 3 931061 EXHIBIT "B" Page 3 of 4 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8031839C-3 SCHEDULE A - Continued LEGAL DESCRIPTION PARCEL 2 : A tract of land situated in the SW1/4 of Section 32, Township 5 North, Range 66 West of the 6th P.M. , and the NW1/4 of Section 5, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Beginning at the Southwest corner of said SW1/4 of Section 32 ; thence North 00 degrees 08 minutes 22 seconds East along the West line of said SW1/4 of Section 32 , a distance of 653 .27 feet; thence South 30 degrees 40 minutes 39 seconds East, a distance of 124 . 48 feet; thence South 30 degrees 51 minutes 45 seconds East, a distance of 261 . 99 feet; thence South 41 degrees 39 minutes 13 seconds East, a distance of 234 . 03 feet; thence South 44 degrees 03 minutes 15 seconds East, a distance of 289 . 35 feet; thence South 15 degrees 06 minutes 27 seconds East, a distance of 129 . 41 feet; thence South 14 degrees 31 minutes 02 seconds East, a distance of 144 . 47 feet; thence South 14 degrees 37 minutes 49 seconds East, a distance of 80. 05 feet; thence South 39 degrees 55 minutes 26 seconds East, a distance of 77 . 05 feet; thence South 45 degrees 37 minutes 41 seconds East, a distance of 205 . 17 feet; thence South 45 degrees 27 minutes 23 seconds East, a distance of 460. 71 feet; thence South 29 degrees 15 minutes 55 seconds East, a distance of 153 . 92 feet; thence South 29 degrees 36 minutes 06 seconds East, a distance of 149. 14 feet; thence south 28 degrees 59 minutes 15 seconds East, a distance of 105 . 24 feet; thence South 57 degrees 51 minutes 07 seconds West, a distance of 347 . 83 feet; thence south 62 degrees 58 minutes 55 seconds West, a distance of 658 . 42 feet; thence South 72 degrees 57 minutes 34 seconds West, a distance of 243 . 35 feet to a point on the West line of said NW1/4 of Section 5; thence Northerly along said West line a distance of 1845 . 94 feet, more or less, to a point on the South line of said SW1/4 of Section 32 ; thence South 88 degrees 51 minutes 03 seconds West along said South line a distance of 245. 07 feet to the Point of Beginning. Page 4 931061 SENT BY:Otter Johnson Robinson; 9-17-93 ; 1 ;33PM OJRNR (303) 925-6525-' 303 770 6976;4 2 EXHIBIT Page 4 of 4 "B" TRANSAMERICA TITLE INSURANCE COMPANY • Commitment No. t 8032071 C-3 SCHEDULE A - Continued LEGAL DESCRIPTION A tract of land situated in the SW1/4 of the SE1/4 of Section 32, Township 5 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, and in The N1/2 of the N1/2 of Section 5, Township 4 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Beginning at the Southwest corner of the SW1/4 of the SE1/4 of said Section 32; thence North 88 degrees 51 minutes 20 seconds East, along the South line of said sW1/4 of the SE1/4, a distance of 29.82 feet to the Easterly right of way of the public highway described in Book 300, Page 473 (known as 77th Ave. ) in the records of said Weld County; thence South 3 degrees 37 minutes 42 seconds East along said Easterly right of way, a distance of 631.34 feet to the Northerly line of a parcel of land described in Book 986 as Reception No. 1913826; thence South 48 degrees 06 minutes 35 seconds East, along said Northerly line, a distance of 29.55 feet; thence North 86 degrees 53 minutes 05 seconds East along said Northerly line, a distance of 152.71 feet to a point on the Northerly right of way line of County Road 378; thence North 62 degrees 21 minutes 05 seconds East along said Northerly right of way, a distance of 1446.82 feet to a point on the North line of the N1/2 of said Section 5; thence South. 88 degrees 51 minutes 20 seconds West, along said North line, a distance of 211.12 feet to the Southeast corner of the SW1/4 of the SE1/4 of said Section 32; thence North 0 degrees 12 minutes 02 seconds West, along the East line of said SW1/4 of the SE1/4, a distance of 1300. 65 feet to the Northeast corner of the SW1/4 of the SE1/4 of said Section 32; thence South 88 degrees 52 minutes 43 seconds West, along the North line of the said SW1/4 of the SE1/4, a distance of 1312.45 feet; thence South 0 degrees 05 minutes 13 seconds East, along the West line of the said SW1/4 of the SE1/4, a distance of 1301.22 feet to the Point of Beginning. Page 2 931061 SEP 17 ' 93 13: 34 3038256525 PRGE . 002 ■ COMPUTERS FOR DESIGN ■ Mr. Dave Henry September 29, 1993 Waste Management- Mountain Region 5660 Greenwood Plaza, Suite 424 Englewood, Colorado 80111 Dear Dave, I have reviewed the work done by Braverman Multi Media for you concerning the Central Weld Landfill and do certify that the view generated by them represents the terrain as seen from the predetermined point where the photograph was taken with the following limitations/exceptions: • That all electronic material provided by Waste Management represents the current condition of the subject property. This includes surveyed data provided by Aero-Metric and control point data provided by Stewart& Associates. • That the photographs were taken with a 210 mm lens setting at approximately horizontal angle. • That the location of the station point(camera point)and the target point (person standing in photograph)are as indicated on the sheet presented to me by Waste Management. This includes camera height and focal point. I further represent that the design terrain model as seen in the view correctly depicts the surface of the design landfill as presented in the following computer files: • CW493BR.LST dated 5/25/93 • CW493MP.LST dated 5/25/93 • CWFINALDGN dated 9/27/93 Sincerely, Eric H. Darst P.E. Cob. Reg.t+ _a o - President a-°e - % WIICERTXG DENVER•ALBUQUERQUE•CHEYENNE • 5,80 SOUTH PHONE•303-771-7719 FAX•L�D 1-8010RA00 80111 • 931061 ENGINEERING , INC . PHOTOGRAMMETRIC ENGINEERS 4708 SOUTH COLLEGE AVE.,FORT COLLINS.COLORADO 80525 (303)226-2883 September 24 , 1993 Mr. Dave Henry WMNA - Mountain Region 5660 Greenwood Plaza Suite 424 Englewood, CO 80111 Dear Dave: It is customary for Aero-Metric Engineering to warrant that the photogrammetric data and maps produced will meet National Map Accuracy Standards. This is: 90% of well defined horizontal features shall be within 1/40" at publication scale of true position; and 90% of contours shall be within 1/2 interval vertically of true elevation after allowing for horizontal placement limits. In the case of the standard 100-scale, 2 ' contour maps which we prepare for you this amounts to +/-2 . 5 ft. horizontal placement, +/-1 ft. vertical placement. These conditions apply only to the data and graphics as produced and delivered. Aero-Metric can not warrant photogrammetric data and/or topographic maps which have been processed, copied, transformed or manipulated in any way outside of our direct control and involvement. Sincerely, AERO-METRIC ENGINEERING, INC. . Sle,t,.." Larry`J/ dwards, P.E. Vice President, Western Division LJE/ms 931061 & 'Z \ . ., \ . Ii _ 2 4 � (• i. . & 22 ® - 2w7 \ . : e \ § � i§ . . 0 % 7 . • ) • 3 a \oE U § \ \� . \ , : \ . • If , \ ? ` . S . \ . , EXHIBIT 0-2 I t,_.. II �\r� �/ ` il,( � I --' - c . ( .. .....e `� 1I 1 �fE ver I 11A( � L " - . C 1...-- iii pus \ j'.,; i cote. \ ` i fi u nN _1 I .` I II I/1: s 4.4:7\, 1iI II ,,, / / . >`,v 11' � ii � '\,,,( ,11 �� \ ' , , •` Kra-4A II '1: :I II 11 C-CNTRN.. \JE1.f.7' I l(:11ca.F1I rm " L6.N4c.rII-t— 1 Lccnru≥N 4 V G IRe- rICN ..-F.e-Nye-Lc'Pe- ',el r--,4". Ird-0 I landscape Architect Gant Reid Deigns MO Cunbe'un O. No vn Ca0inP CO w@e 0 2•41 re 49%.700 63 qt.. 931H 061 T9OTCG ❑ 0Er z a' s. a) 0 a m E 0ys.�, O 177 a ' FU C L VO N C a) N C u. C a O -, m U U C c ❑ O it t6 O z @gj t0a N I I- O @7 c c 7 a) a ' 7 C/) > o U m o rn 8 -, R al O r m i >. U) - a m y m m u ¢ t> C c c tr. m N 7 m m w m u. to d C -2 to O (n O w m ❑ OCUc a m C m d 0C O U N a) >, U h a U m >, p to _a R C a 77 m E C_ £ N @a 7 7 t' 0O C O > ._di c0 t C U m a O In co CO a 3 N .O ._ d •N N m LL 7 To -, > r r c O _ C ❑ c CO 0 N z U O "O In t7)U to O C m ¢ d - u) t o O N 0) O) x U U 7 a -, m CD O 71O L > _ a C O to _ C ¢ C L 0 a N H N U LL N CD O O O o ED O C 7 m C to a O U Y6 ca T L N 0, Z o N m m a) a. U a) y .g U N 3 C rms 0 O Uc '.O(: E O n -O c o t6 N• U U 3 > c cf� Uw dtU W a 'a . 8 y 8 a " Si 2 ED -o w ,n >. ed y c.; W 7 m - a al �p c c B -Ac a 5 2>m $m a7 a) to E In Ili O 0 .5 , d N - 3 0 v— c a (L 1 I I I v m U m C � � z c ry � a n � a � a w •• @j ' ¢� a) la 07- '� a e7 c �a > 5 a v 3m ! Qm C W O w ° a` ct c -, ¢ 3 � ¢ v C0m' x En F- , u EXHIBIT F Central Weld Sanitary Landfill Special Waste Acceptance Summary Special Wastes received for disposal at the Central Weld Sanitary Landfill (CWSL) will be received and managed in accordance with the previously submitted Access Control Plan for Special Waste Identification, dated March 1993 . The plan requires CWSL implement and document the results of a special waste identification program that identifies special wastes produced by it's commercial and industrial customers. Identification may be made by reviewing commercial and industrial processes, written survey, phone questionnaires or other methods which will accurately identify regulated wastes. Once the special waste customer is identified, the customer will provide information about the waste and sign the "Generator's Waste Profile Sheet" (GWPS) . The GWPS and associated information (analytical data, Material Data Sheets (MSDS) , etc. ) will be reviewed by a technical manager and site manager to ensure the generator has adequately characterized the waste for detecting and preventing the disposal of regulated hazardous waste, regulated quantities of Polychlorinated Biphenyl (PCB) wastes, or radioactive waste at CWSL. The information must be adequate to assign conditions/limitations on properly managing the waste and ensuring the facility is permitted to accept the waste. CWSL will notify the customer in writing of all conditions/limitations that apply to managing the waste and the customer will be required to comply with all conditions/limitations. Following the effective date of a County Resolution adopted in conformance with the Agreement to which this Exhibit is attached, CWSL will limit the receipt and handling of special waste to the following specified waste streams and methods, which have been reviewed with the Weld County Department of Health. Customers needing to dispose of the following materials will be required to follow the above procedure for submittal of the GWPS. A copy of the GWPS and corresponding technical data will be forwarded to the Weld County Department of Health (WCDH) for review and concurrence. WCDH will submit to CWSL a letter of concurrence for each special waste received at CWSL. Description of Waste and Management Method and Procedures A) Contaminated Soils: 1) Soils contaminated with oil, or any other petroleum product, other than gasoline or diesel fuel is not accepted at CWSL. Contaminated soils accepted at the facility will meet 931061 EXHIBIT F Page 2 the following standards: A) Total Petroleum Hydrocarbons (TPH) of less than 300 ppm. B) Pass a T.C.L.P. test for lead C) Pass an EPA paint filter test (EPA method 9095) D) Written concurrence from WCDH Material will be stockpiled until spread over a large area of the working face as daily cover. 2) Soils contaminated with non-hazardous materials other than petroleum products will be evaluated on a case by case basis with concurrence from the WCDH. Contaminated soils accepted at CWSL will meet the following standards: A) Pass an EPA paint filter test B) Pass additional T.C.L.P. testing as appropriate to adequately characterize the waste as non-hazardous. C) Written concurrence from WCDH Material will be stockpiled until spread over a large area of the working face as daily cover. B) Off-specification, outdated commercial products: 1) Canned and or pre-packaged foods in original containers including but not limited to canned vegetables, fruits, soups, milk, beverages etc. 2) Waste produced by the processing of fruit, animals, vegetables or grains. Animals received from these processes will not be from research facilities or contain pathogens (diseased) . Off-specification, outdated commercial products will be managed as follows: A) Immediate burial may be needed to meet customer or operational need B) Written concurrence from WCDH C) Drained/Crushed bulk waste oil filters from commercial sources 931061 EXHIBIT F Page 3 (including but not limited to Grease Monkeys' , Jiffy Lubes, etc. ) Filters will be managed by landfill as follows: A) Filters must be either drained and/or crushed prior to being received for disposal B) Written concurrence from WCDH In addition, special wastes acceptable for disposal will include any non-hazardous solid waste received in quantities which are incidental to the load or exempt from regulation. 931061 ACCESS CONTROL PLAN FOR SPECIAL WASTE IDENTIFICATION at Waste Services Corporation Central Weld Sanitary Landfill March 1993 Copyright ® 1993 Waste Management of Colorado, Inc. All Rights Reserved 931061 TABLE OF CONTENTS PAGE 1.0 PURPOSE 1 2.0 DEFINITIONS 1-3 3.0 SPECIAL WASTE IDENTIFICATION 4 3.1.a Special Waste Identification Program 4 3.1 .b Prohibited Wastes 4 3.2 SPECIAL WASTE MANAGEMENT DECISION PROCESS 4 3.3 SPECIAL WASTE DECISION RENEWAL PROCESS 4 3.4 SPECIAL WASTE DOCUMENTATION 5 3.4.a Changes or Additions to Paperwork 5 4.0 LABORATORY USAGE 5 4.1.a Acceptable Laboratories 5 4.1.b Analytical Requirements 5 5.0 TRAINING 5 6.0 OPERATION PRACTICES 6 7.0 SPECIAL WASTE PROGRAM RECORDS 6 ATTACHMENTS Attachment A - Generator's Waste Profile Sheet 931061 1.Q PURPOSE Waste Services Corporation (WSC) recognizes that Federal, State, and local regulations need to be supplemented by an internal control program which ensures that all waste streams from industry and commerce receive attention commensurate with the risk associated with managing the waste. This access control plan as required by Special Review Permit Condition 3 (d) for waste identification and screening program has been developed to identify commercial and industrial wastes that require special handling from a regulatory or employee-safety perspective, and serves as a hazardous waste and PCB screening mechanism that prevents these waste streams from entering the Central Weld Sanitary Landfill. Compliance with the Waste Screening Program will also ensure compliance with the waste screening requirements of the Federal Subtitle D regulations (40 CFR Part 258.20(a)(1)-(3)1. 20 DEFINITIONS Director of an Approved State - In accordance with 40 CFR 258.2, "the chief administrative officer of a State agency responsible for implementing the State municipal solid waste permit program or other system of prior approval that is deemed to be adequate by EPA under regulations published pursuant to sections 2002 and 4005 of RCRA." Empty Container - A container that meets the following description: All wastes have been removed that can be removed using the practices commonly employed to remove materials from the type of container (e.g., pouring, pumping, or aspirating), gad An end has been removed (for containers larger than 25 gallons), arA No more than 1 inch of residue remains on the bottom of the container or inner liner, or No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner (for 110-gallon containers or smaller), or No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner (for containers larger than 110 gallons). Containers which once held acutely hazardous wastes (as defined by Federal, or State regulations) must be triple rinsed with an appropriate solvent or cleaned by an equivalent method to be considered empty. Alternatively, the container's liner may be removed and managed as a hazardous waste by, while the outer shell is managed as a special waste. Containers which once held pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act must be emptied according to label instructions. Cylinders of compressed gas are empty when the pressure in the container is substantially equivalent to atmospheric pressure. Friable Asbestos - In accordance with 40 CFR 61.141, "friable asbestos material means any material containing more than 1 percent asbestos as determined using the method specified in appendix A, subpart F, 40 CFR 763 section 1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify asbestos content by point counting using PLM." RMR 3/92 Page 1 of 6 931061 Hazardous Waste - A waste determined to be a "hazardous waste" by Federal, State (including the State of waste origin or the State in which the proposed management facility is located). This definition also includes any waste whose management requires approval or a license from an agency of the federal government (e.g., PCB waste, radioactive waste). Hazardous Waste Facility - A facility which has received all required Federal, or State approvals, licenses, or permits necessary to receive and manage hazardous waste. Industrial Process Waste - Special waste generated by manufacturing or industrial processes (e.g., waste from the production of paper, glass, electricity, etc.). This definition does not include wastes such as empty boxes from a shoe store, food scraps from a restaurant, etc. Incidental to the Load- Quantities of special waste (excluding friable asbestos) which may be managed without special handling because the quantity does not materially change the physical chemical characteristics of the load and the material is not regulated as a hazardous waste, radioactive waste or regulated PCB waste. Liquid Waste - Any waste that is determined to contain "free liquids" as determined by Method 9095 (Paint Filter Liquids Test), described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" USEPA Publication SW-846. According to 40 CFR 258.28, this definition does not include waste in containers similar in size to that normally found in household waste, or waste in containers designed to hold liquids for use other than storage. Management - Transportation, transfer, storage, treatment, reclamation, incineration or disposal of waste. Special Waste - Any waste which may require special handling or management due to regulatory requirements and/or employee safety. These may include any discarded material from a non-residential source, which is non-hazardous and meeting any of the following descriptions. a. Waste from an industrial process (including process sludges). b. Waste from a pollution control process (e.g., baghouse dust, treatment plant sludge, filter cake, sedimentation pond cleanout, etc.). c. Waste containing free liquids (see definition of "liquid waste") d. Residue and debris from the cleanup of a spill of a chemical substance or commercial product or a waste listed in (a) through (c), or (e) through (g). This definition applies to spills of any size. e. Contaminated residuals from the cleanup of a facility generating, storing, treating, recycling, or disposing chemical substances, commercial products, or wastes listed in (a) through (d), (f), or (g). f. Any waste which is non-hazardous as a result of treatment pursuant to RCRA Subtitle C. g. Chemical-containing equipment removed from service, in which the chemical composition and concentration are unknown. RMR 3/82 Page 2 of 6 931061 h. Friable asbestos from building demolition or cleaning; wall board, wall or ceiling spray coverings, pipe insulation,etc. Non-friable asbestos (e.g.,asbestos-containing floor tiles, brake pads, roofing products, etc.) is not a special waste unless it has been processed, handled, or used in such a way that when dry, it becomes crumbled, pulverized, or reduced to powder. Commercial products or chemicals which are off-specification, outdated, unused, or banned. This category includes containers which once held commercial products or chemicals unless the container is "empty" as defined in this section. Outdated or off-specification uncontaminated food or beverage products in original consumer containers are not special waste unless management of such products is restricted by applicable regulations. j. Untreated medical waste -Any waste capable of inducing infection due to contamination with infectious agents from a bio-medical source including but not limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory, or medical testing laboratory. Any sharps from these sources must be rendered harmless or placed in needle puncture proof containers. k. Treated medical wastes - Any wastes from a bio-medical source including but not limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory, or medical testing laboratory which has been autoclaved or otherwise heat treated or sterilized so that it is no longer capable of inducing infection. Any sharps from these sources must be rendered harmless or placed in needle puncture-proof containers. Residue/sludges from septic tanks, food service grease traps, or washwaters and wastewaters from commercial laundries, laundromats, and car washes. m. Chemical-containing equipment removed from service, in which the chemical composition and concentration are known (e.g., oil filters, cathode ray tubes, lab equipment, acetylene tanks, fluorescent light tubes, etc.). n. Waste produced from the demolition or dismantling of industrial process equipment or facilities contaminated with chemicals from the industrial process. o. Incinerator ash generated at a Resource Recovery Facility that burned only non-hazardous household, commercial, or industrial waste and qualifies for the hazardous waste exclusion in 40 CFR 261.4(b). SW-846 Methods - The third edition of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" USEPA Publication SW-846. Ultimate Management Facility - A facility at which a waste is either disposed or managed in another manner such that additional management of the original waste is not required. WSC - Waste Services Corporation, an affiliate of Waste Management of Colorado, Inc. WMNA - Waste Management of North America, Inc. or any division or subsidiary thereof. RMR 3/93 Page 3 of 6 931061 3_0 SPECIAL WASTE IDENTIFICATION 3.1.a Special Waste Identification Program WSC will implement and document the results of a special waste identification program that identifies special waste produced by Central Weld Sanitary Landfill and its commercial and industrial customers. Identification may be made by physically reviewing commercial and industrial processes, written survey, phone questionnaires or other methods which will accurately identify regulated wastes, such as hazardous waste, PCB wastes, radioactive wastes or special wastes. Hazardous wastes that are identified during the special waste identification program will be referred to a permitted hazardous waste transfer, storage, disposal (TSDF). 3.1.b Prohibited Wastes Hazardous waste, radioactive wastes, or Polychlorinated Biphenyl (PCB) wastes, which are subject to U.S. or State regulations are prohibited at the Central Weld Sanitary Landfill. These wastes will be managed by a permitted TSDF. 3.2 SPECIAL WASTE MANAGEMENT DECISION PROCESS An acceptance decision to approve or disapprove special waste management will be clearly documented for each special waste stream WSC is requested to manage. At a minimum, the following requirements must be met prior to WSC facilities managing special waste: • The customer must provide information about the waste and sign the "Generator's Waste Profile Sheet". (Attachment A) • WSC will review the GWPS and associated information, ensuring the generator that information adequately characterizes the waste not to be a regulated hazardous waste, contain regulated quantities of PCBs or is a radioactive waste. The information must be adequate to assign conditions/limitations on managing the waste, ensuring that the facility is permitted to accept the waste. • An expiration date for the Special Waste Management Decision will be assigned and will not exceed three years from the date that the waste stream was approved for management and must be renewed if the process generating the waste changes. • WSC will notify the customer in writing of all conditions/limitations that apply to managing the waste, and the customer will be required to comply with all conditions/limitations. 3.3 Special Waste Decision Renewal Process Prior to the expiration date of a Special Waste Management Decision, the underlying facts concerning the waste stream will be re-examined and a decision rendered in accordance with section 3.2 whether to continue managing the wastes and whether expanded service is required. RMR 3/92 Page 4 of 6 931061 3.4 SPECIAL WASTE DOCUMENTATION The "Generator's Waste Profile Sheet"(GWPS) must be completed and signed by the customer for all special waste streams managed by WSC. The generator must complete the form to the best of his/her knowledge but may leave certain portions incomplete if other generator supplied information adequately characterizes the waste. 3.4.a Changes or Additions to Paperwork Any changes made to the written information provided by the customer will be initialed and dated by the WSC personnel making the changes, and the reason for the changes will be noted. When practical, the customer should acknowledge these changes by initialling and dating in proximity to the changes. If these changes affect the precautions, conditions, or limitations of the Special Waste Management Decision, the customer will be informed in writing of the changes. 4.0 LABORATORY USAGE 4.1.a Acceptable Laboratories The following laboratories, listed in order of preference, will be used for conducting analyses of special waste: • A WSC affiliated laboratory. • A commercial or private laboratory, using SW-846 or equivalent approved test methods acceptable to WSC. 4.1.b Analytical Requirements As part of the Special Waste Management Decision process, WSC personnel will evaluate as applicable, corrosivity, ignitability, reactivity, toxicity (TCLP), to determine if a special waste is a hazardous waste. Although generators may not be obligated by law to provide these analytical results, WSC personnel will obtain proper analytical results or equivalent information (i.e., 40 CFR 262.11 allows generator's knowledge of the waste and process generating the waste) to ensure that WSC is not managing hazardous waste or other prohibited wastes. Analyses must have been conducted within 12 months prior to the date on the "Generator's Waste Profile Sheet" and within the SW-846 holding times for the parameters to be analyzed, but not to exceed 90 days from the sampling date. 5.0 TRAINING WSC employees will be trained in the identification of special waste. Spotters and equipment operators will be present at the active face at all times that waste is unloaded, to check for peculiarities (e.g., hot loads, sludges with high liquid content, etc.) in the waste stream. Waste shipment records, manifests or other recognized mechanisms will be implemented to ensure that incoming special waste has been properly identified, that hazardous wastes are not accepted at the facility, and that other unacceptable wastes are managed properly. All associated documentation will be maintained at the facility. RMR 3/92 Page 5 of 6 931061 All employees responsible for waste acceptance or inspection will be trained, at a minimum, to recognize and properly respond to hazardous waste, PCB waste, and other unacceptable wastes. 6_0 OPERATIONAL REQUIREMENTS If unacceptable wastes are identified, the material will be segregated until adequate documentation is obtained to determine the appropriate management method. Appropriate agencies will be notified as required. Additionally all efforts will be taken to identify the generator of the material. If the quantities of unacceptable wastes are incidental to the load and are non-hazardous, non-radioactive and non-PCB contaminated waste may be accepted without completion of a GWPS. 7.0 SPECIAL WASTE PROGRAM RECORDS Records will be maintained in accordance with applicable regulations. All documents will be maintained at the facility and will not be destroyed without concurrence of the WSC legal counsel. RMR 3/92 Page 6 of 6 931061 ATTACHMENT A GENERATOR'S WASTE PROFILE SHEET 931061 GENErnATOR'S WASTE PROFILc SHEET PLEASE PRINT IN INK OR TYPE • pWaste Profile Sheet Code WMNA14b1- 7 17, This form is to be used to comply with the requirements of a waste agreement. INSTRUCTIONS FOR COMPLETING THIS FORM ARE ATTACHED • (shaded Arad For Contractor Use Only) Decision Expiration Date: / / Contractor Sales Rept Service Agr. Renewal Date: L_ / / A. WASTE GENERATOR INFORMATION 1. Generator Name: 2. SIC Code: 3. Facility Address(site of waste generation): 4. Generator City, State/Province: 5. Zip/Postal Code: 6. Generator USEPA/Federal ID #: 7. State/Province ID #: 8. Technical Contact: 9. Phone: ( )B. WASTE STREAM INFORMATION (See Instructions) 1. Name of Waste: 2. Process Generating Waste: 3. Annual Amount/Units: 4. Type A 0 Typ? B ❑ 5. Special Handling Instructions/Supplemental Information: 6. Incidental Waste Types and Amounts: C. TRANSPORTATION INFORMATION 1. Method of Shipment: 0 Bulk Liquid 0 Bulk Sludge 0 Bulk Solid 0 Drum/Box 0 Other 2. Supplemental Shipping Information: 3. Is this a DOT hazardous material? 0 No 0 Yes(If yes, complete 4, 5&6) 4. Hazard Class/ID #: 5. Reportable Quantity/Units(lb/kg): 6. Shipping_Name: D.TECHNICAL MANAGER DECISION (Check One) 0 APPROVED 0 DISAPPROVED 0 Check if additional information is attached If Disapproved, Explain: If Approved, Continue. 1. Management Method(s) 2. Precautions, Conditions,or Limitations on Approval: • 3. For Type A Wastes, Laboratory Analysis of a Representative Sample Was: 0 Waived 0 Attached If waived,explain why: 4. List Non-WMI Facility that is Approved to Manage this Waste: Date: Tech. Mgr. Signature: • Name(Print): Date: E. MANAGEMENT FACILITY INFORMATION/DECISION 1. Proposed Management Facility: 2. Proposed Intermediate Transfer Facility: 3.Transporter: 4. Management Facility Gen.Mgr. Decision (Check One) 0 APPROVED 0 DISAPPROVED If Disapproved, Explain: If Approved, List Precautions, Conditions, or Limitations on Approval: General Mgr. Signature: Name (Print): Date: Turn Page and Complete Side 2(If Type B Special Waste, only complete Part J of Side 2) Side 1 0l 2 w„ A-41;1 i02/921 931061 ilaS GENE.IATOR'S WASTE PROFILE SHEET PLEASE PRINT IN INK OR TYPE F. PHYSICAL CHARACTERISTICS OF WASTE (See Instructions) 1. Color 2. Does the waste have 3. Physical State @ 70 F/21 C: 4. Layers 5. Specific Gravity 6. Free Liquids. a strong incidental odor? ❑ Solid ❑ Semi-Solid ❑ Multi-layered ❑ Yes ❑ No ❑ No ❑ Yes:if so. ❑ Liquid ❑ Powder ❑ Bi-layered Range Volume' describe: ❑ Other: ❑ Single Phased - 7. pH: ❑≤2 ❑>2-4 ❑4-7 ❑ 7 ❑7-10 ❑ 10- <12.5 ❑?12.5 ❑ Range ❑NA 8. Flash Point: ❑None ❑<140°Fr60°C ❑ 140 - 199°F/60- 93:C ❑200°F/93°C ❑Closed Cup ❑Ooen Cup G. CHEMICAL COMPOSITION RANGE(MIN-MAX) 1 - 0 2. Does the waste contain any of the following? - 0, (provide concentration if known): °ro NO or LESS THAN or ., ACTUAL PCBs ❑ ❑< 50 ppm ppm Cyanides ❑ ❑< 30 ppm ppm Sulfides ❑ ❑< 500 ppm Dorn 0 - o0 Total: Please note: Unless analytical results are attached, the chemical composition identification should include, at a minimum, Arsenic. Barium. Cadmium, Chromium, Lead, Mercury, Selenium. Silver, Pesticides, Herbicides. and any other TCLP constituents that may cc present in the waste. The total composition must be greater than or equal to 100%. (.0001% = 1 ppm or 1 mg/s) 3. Indicate method used to determine composition (if provided): ❑ TCLP O Total ❑ Other: H. SAMPLING SOURCE(e.g., Drum, Lagoon, Pit, Pond,Tank,Vat) I. REPRESENTATIVE SAMPLE CERTIFICATION 1. Print Sampler's Name: 2. Sample Date: 3. Sampler's Title: 4. Sampler's Employer(if other than Generator): The sampler's signature certifies that any sample submitted is representative of the waste described above pursuant to 40 CFR 261.20(c) or equivalent rules, 5. Sampler's Signature J. GENERATOR CERTIFICATION By signing this profile sheet, the Generator certifies: 1, This waste is not a "Hazardous Waste" as defined by USEPA or Canadian Federal regulation and/or the state/province. 2. This waste does not contain regulated radioactive materials or regulated concentrations of PCB's (Polychlorinated Biphenyls). 3. The unshaded portions of this sheet and the attachments contain true and accurate descriptions of the waste material. All relevant informa- tion regarding known or suspected hazards in the possession of the Generator has been disclosed. 4. The Generator has read and understands the Contractor's Definition of Special Waste included in Part B.S.of the attached instructions form All types and amounts of special wastes provided in incidental amounts have been identified in section 8.6. of this form: 5. The analytical data presented herein or attached hereto were derived from testing a representative sample taken in accordance with 40 CFR 261.20(c) or equivalent rules. 6. If any changes occur in the character of the waste, the Generator shall notify the Contractor prior to providing the waste to the Contractor 7. Signature 8, Title 9. Name (Type or Print) 10. Date R37SAJI5I i0]/9'i 931061 GENERATOR'S WASTE PROFILE SHED, 1/457 INSTRUCTIONS Information on this form, is used to determine if the waste may be transported, treated, stored or disposed in a legal. safe, and environmentally sound manner. This information will be maintained in strict confidence. Answers must be provided for all sections of this form, and must be printed in ink or typed. A response of "NONE," or "NA" (not applicable) can be made, if appropriate. If additional space is needed, indicate on the form that additional information is attached, and attach the information to the Generator's Waste Profile Sheet. Shaded areas of the attached form are for Contractor's use only. If you have questions concerning this form, please contact Contractor's sales representative. PART A. WASTE GENERATOR INFORMATION 1. GENERATOR NAME - Enter the name of the facility where the waste is generated. 2. SIC CODE - Enter the 4-digit Standard Industrial Classification Code for the facility where the waste is generated. 3. FACILITY ADDRESS - Enter the street address (not P.O. Box) of the facility where the waste is generated. 4. GENERATOR CITY, STATE/PROVINCE - Enter the city and state or province where the waste is generated. 5. ZIP/POSTAL CODE - Enter the generating facility's zip or postal code. 6. GENERATOR USEPA/CANADIAN FEDERAL ID- Enter the identification number issued by the USEPA or CANADIAN FEDERAL AGENCY to the facility generating the waste (if applicable). 7. GENERATOR STATE/PROVINCE ID - Enter the identification number issued by the state or province to the facility generating the waste (if applicable). 8. TECHNICAL CONTACT - Enter the name of the person who can answer technical questions about the waste. 9. PHONE - Enter technical contact's telephone number. PART B. WASTE STREAM INFORMATION 1. NAME OF WASTE - Enter a name generally descriptive of this waste (e.g., paint sludge, contaminated soil. incinerator ash, untreated medical waste, friable asbestos, fluorescent bulbs). 2. PROCESS GENERATING WASTE- List the specific process/operation or source that generates the waste(e.g., paint spray booth, spill clean up, incineration of municipal refuse, asbestos removal, building maintenance). 3. ANNUAL AMOUNT/UNITS - Enter the amount of waste that will be generated and transported annually. Use appropriate units to describe this volume (e.g., cubic yards, gallons, kilograms, pounds). 4. WASTE TYPE - Based upon reading the Contractor's Definition of Special Waste that is included in section B.5 of these instructions, determine whether your waste is a "Type A Special Waste" or a "Type B Special Waste". Indicate the proper response in the space provided. 5. SPECIAL HANDLING INSTRUCTIONS/SUPPLEMENTAL INFORMATION — For all wastes, describe any special handling requirements and any additional information that you feel would assist in determining the proper method(s)for transportation, treatment, storage, and disposal of the waste. For Type B Special Waste, provide the "supplemental information" requested after each applicable definition. CONTRACTOR'S DEFINITION OF SPECIAL WASTE a. "Special Waste" means Type A or Type B Special Wastes as defined below. b. "Type A Special Waste" means any waste from a commercial or industrial activity meeting any of the following descriptions: i. A waste from an industrial process. H. A waste from a pollution control process. Hi. A waste containing free liquids. iv. Residue and debris from the cleanup of a spill of a chemical substance or commercial product or a waste listed in i.-iii., or v.-vii. of this definition. v. Contaminated residuals, or articles from the cleanup of a facility generating, storing, treating, recycling, or disposing chemical substances, commercial products, or wastes listed in i.-iv., vi., or vii. of this definition. vi. Any waste which is non-hazardous as a result of treatment pursuant to Subtitle C of the Resource Conservation and Recovery Act (RCRA). vii. Chemical-containing equipment removed from service, in which the chemical composition and concentration are unknown. • WMNA-4151 (02/92) Side 1 of 4 € 931061 c. "Type B Special Waste" mean, any waste from a commercial or in strial activity meeting any of the following descriptions: i. Friable asbestos waste from building demolition or cleaning; wall board, wall or ceiling spray coverings, pipe insulation, etc. This does not include nonfriable asbestos unless it has been processed. handled or used in such a way that asbestos fibers may be freely released. Asbestos—bearing industrial process waste is a "Type A Special Waste". Supplemental Information - List the source (e.g., building demolition, pipe insulation removal) of the asbestos or asbestos containing material(s) and the type of asbestos containing material (e.g., pipe insulation). List the proper USEPA or Federal (and/or state or provincial) waste identification code (if applicable). List the wetting agent(s) used to wet the asbestos material before packaging and include its chemical composition or a current Material Safety Data Sheet. List the size and type of container(s) that will be used to contain the asbestos. Indicate whether the asbestos has been contaminated with any other wastes, and if so, list them. ii. Commercial products or chemicals which are off-specification, outdated, unused, or banned. Outdated or off-specification uncontaminated food or beverage products in original consumer containers are not included in this category, unless management of such containers is restricted by applicable regulations. Containers which once held commercial products or chemicals are included in this category unless an end has been removed (for containers larger than 25 gallons), and the container is empty as defined by RCRA, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), or other applicable regulations. • RCRA considers a container to be empty when: all wastes have been removed that can be removed using me practices commonly employed to remove materials from the type of container (e.g., pouring, pumping or aspirating), and no more than 1 inch (2.54 centimeters) of residue remains on the bottom of the container or inner liner, or no more than 3% by weight of the total capacity of the container remains in the container or inner liner (for containers < 110 gallons), or no more than 0.3% by weight of the total capacity of the container remains in the the container or inner liner(for containers > 110 gallons). Containers which once held ACUTELY HAZARDOUS WASTES must be triple rinsed with an appropriate solvent or cleaned by an equivalent method. The pressure in cylinders of compressed gas and aerosol cans must be substantially equivalent to atmospheric pressure. • Containers which once held pesticides regulated under FIFRA must be emptied according to label instructions. Supplemental Information - List the commercial product or chemical and include the proper waste identification code (if applicable) for that material. List whether the commerical product or chemical has been banned, if so, why and by what agency. List whether the commercial product or chemical is off-specification and why. Attach copies of the most current Material Safety Data Sheets, if they exist. Indicate the current state of the waste (e.g. sludge, liquid, solid). Untreated medical waste - Any waste capable of inducing infection due to contamination with infectious agents from bio-medical sources including but not limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory, or medical testing laboratory. Sharps from these sources must be rendered harmless or placed in needle puncture-proof containers. Supplemental Information - List the source from the list above. List the specific waste type(s) and include appropriate warnings for the handling of these wastes. Indicate any special requirements for the labeling, packaging and storage of these waste types. iv. Treated medical waste - Any wastes from a bio-medical source including but not limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist, veterinarian, veterinary hospital, animal testing laboratory or medical testing laboratory which has been autoclaved or otherwise heat treated or sterilized so that it is no longer capable of inducing infection. Any sharps from these sources must be rendered harmless or placed in needle puncture-proof containers. Residue from incineration of medical waste is a "Type A Special Waste-. Supplemental Information - List the source from the list above. Specify how the waste was treated. • • WMNA-4151 (02/92) Side 2 of 4 931061 v. Residue/sludges from septic tanks, food service greaoe traps, or washwaters and wastewaters from commercial laundries, laundromats, and car washes, unless these wastes are managed at commercial or public treatment works. Supplemental Information - Indicate the physical state of the waste (e.g.. liquid, sludge, solid). List the specific source(s) (e.g., septic tank pumpings from hotel) of the waste and indicate whether there are any industrial discharges incorporated into the waste. Indicate whether or not a commercial laundry cleans clothing that may be contaminated with chemicals from an industrial facility. List the types of vehicles cleaned at car washes. Include a statement that indicates whether the interiors of any truck, or the exteriors of bulk chemical or waste tank trucks are washed. vi. Chemical-containing equipment removed from service, in which the chemical composition and concentration are known (e.g., acetylene tanks, cathode ray tubes, lab equipment, fluorescent light tubes, etc.). Supplemental Information - List the specific equipment removed from service and any additional information pertaining to the chemical contained in that equipment, including type, concentration and volume. vii. Waste produced from the demolition or dismantling of industrial process equipment or facilities contaminated with chemicals from the industrial process. Chemicals or residues removed or drained from such equipment or facilities are "Type A Special Wastes". Supplemental Information - List the waste type(s) (e.g., piping, pumps, tanks) and the process type(s) from which they came. Indicate whether there are residuals contained in the process equipment. Describe the process used to decontaminate the equipment and list any chemicals or mixtures of chemicals that were used in the cleaning process. Attach a copy of the most current Material Safety Data Sheets for each of the chemicals used in the original process, the end product of the process, and the chemicals or mixtures of chemicals used in the cleaning process. Indicate whether this waste is contaminated with asbestos or asbestos insulation. viii. Incinerator ash generated at a Resource Recovery Facility that burned only non-hazardous household, commercial, or industrial waste and qualifies for the hazardous waste exclusion in 40 CFR 261.4(b). If the regulatory authority does not recognize the household hazardous waste exclusion, then the ash is a "Type A Special Waste". Supplemental Information - If the ash is wetted during storage or transportation, list the wetting agent(s) used and include its chemical composition or provide a current Material Safety Data Sheet. 6. INCIDENTAL AMOUNTS OF SPECIAL WASTE -The Contractor recognizes that many customers will produce some "Special Waste," as defined above. Incidental quantities of special waste (i.e., quantities that do not materially change the physical or chemical identity of the load or make it hazardous waste), do not require the customer to sign a Generator's Waste Profile Sheet. However, the customer must identify the type and amount of special wastes which will be provided to the Contractor in incidental amounts. PART C. TRANSPORTATION INFORMATION 1. METHOD OF SHIPMENT - Indicate the anticipated method of shipment by checking the appropriate box. 2. SUPPLEMENTAL SHIPPING INFORMATION - Enter any additional shipping information. 3. INDICATE IF THIS WASTE IS A USDOT(see 49 CFR 171)OR CANADIAN FEDERAL HAZARDOUS MATERIAL. If so, answer Questions 4, 5, and 6 below. 4. HAZARD CLASS/ID-Enter the proper USDOT or Canadian Federal hazard class/enter the proper USDOT(see 49 CFR 172) or Canadian Federal Identification Number. 5. REPORTABLE QUANTITY (RQ)/Units (lb/kg) - Enter the RQ established by 40 CFR 302.4 or equivalent Canadian regulation for this waste. Indicate the appropriate units of the RQ. 6. SHIPPING NAME - Enter the proper USDOT or Canadian Federal shipping name for this waste. PART D. TECHINCAL MANAGER DECISION — To be completed by Contractor's representative only. PART E. MANAGEMENT FACILITY INFORMATION/DECISION-To be completed by Contractor's representative only. PART F. PHYSICAL CHARACTERISTICS OF WASTE — If Part 8.4 was checked "Type B", qo directly to Part J. 1. COLOR — Describe the color of the waste (e.g., blue, transparent, varies). 2. ODOR — DO NOT SMELL THE WASTE! If the waste has a known incidental odor, then describe it (e.g., acrid. pungent, solvent, sweet). WMNA-4151 (02/92) Side 3 of 4 E 9310n1 • 3. PHYSICAL STATE - If the four boxes provided do not apply, a descriptive phruae may be entered after "Other" (e.g., gas). 4. LAYERS - Check all applicable boxes. Multi-layered means more than two layers (e.g., oil/water/sludge). Bi- layered means the waste is comprised of two layers which may or may not be of the same phase (e.g.. oil/water. solvent/sludge). Single phased means the waste is homogeneous. 5. SPECIFIC GRAVITY - indicate the range. The specific gravity of water is 1.0. Most organics are less than 1.0. Most inorganics and paint sludge are greater than 1.0. 6. FREE LIQUIDS - Check "YES" if liquid is usually present when packaging for shipment and estimate the percent of liquid volume. CHECK "NO" if there are no free liquids as determined by the Paint Filter Test (Method 9095 of SW- 846) or direct observation. 7. pH - Indicate for liquid portions of the waste. Check the appropriate boxes which cover the pH of the waste. Use the "Range" space if appropriate. For solid or organic liquid wastes, indicate the pH of a 10% aqueous solution of the waste if applicable. Check "NA" for non—water soluble materials (e.g., foundry sands). 8. FLASH POINT - Indicate the flash point obtained using the appropriate testing method. PART G. CHEMICAL COMPOSITION 1. List all organic and/or inorganic components of the waste using special chemical names. If trade names are used, attach Material Safety Data Sheets or other documents which adequately describe the composition of the waste. For each component, estimate the range (in percents) in which the component is present. In addition. indicate whether any of the TCLP constituents are present in the waste. The total of the maximum values of the components must be greater than or equal to 100% including water, earth, etc. 2. If this waste contains PCBs. cyanides, or sulfides, indicate the concentration(s). If this waste does not contain these constituents, indicate by checking the "NO" box(es) which applies. If the concentration of these constituents is unknown, please indicate "UNK" under "ACTUAL." 3. Indicate whether the method used to determine the chemical composition in G.1. was the TCLP (Toxicity Characteristic Leaching Procedure) method, an analysis to determine the total concentrations, or another method. Specify the other method. PART H. SAMPLING SOURCE - Describe exactly where the sample was taken (i.e., drum, lagoon, pond, tank. etc.). PART I. REPRESENTATIVE SAMPLE CERTIFICATION - This section only needs to be completed when providing a waste sample to Contractor for testing. Some Special Wastes require analytical data to determine their chemical composition, regulatory status. and if they are acceptable for transportation, treatment or disposal. The sample should be collected in accordance with "Test Methods for the Evaluation of Solid Waste, Physical/Chemical Methods," SW-846, USEPA, and/or 40 CFR 261.20(c), or equivalent rules. A suitable sample container for most wastes is a wide mouth glass bottle with a plastic cap having a non-reactive liner. Plastic containers are recommended for strong caustics or fluorides. Fill to approximately 90% of capacity to allow for expansion during transportation. The sample must be packed and shipped in accordance with U.S. DOT or Canadian equivalent regulations and any specific requirements imposed by the carrier. Improperly packaged samples may be disposed upon receipt. 1. PRINT SAMPLER'S NAME - Enter the sampler's name. 2. SAMPLE DATE - Enter the date that the sample was collected. 3. SAMPLER'S TITLE - Enter the sampler's title. 4. SAMPLER'S EMPLOYER - Enter the name of the sampler's employer. 5. SAMPLER'S SIGNATURE - The sampler must sign in the space provided. PART J. GENERATOR CERTIFICATION - By signing this Generator's Waste Profile Sheet, the Generator certifies that the statements in Nos. 1, 2, 3, 4, 5, and 6 are true and accurate with respect to the waste streams listed. 7. SIGNATURE - An authorized employee of the Generator must sign this Generator's Waste Profile Sheet. 8. TITLE - Enter employee's title. 9. NAME - Enter employee's name. 10. DATE - Enter the date signed. KEEP A COPY OF THIS GENERATOR'S WASTE PROFILE SHEET FOR YOUR RECORDS. SEND THE ORIGINAL AND ALL ATTACHMENTS TO THE CONTRACTOR'S SALES REPRESENTATIVE. WMNA=4151' (02/92) Side 4 of 4 931061 Z901CC agii3 a.` $ of w ri s 1 g inmo 4. sLL4 'fir ..> 'Q a .0 :o - is a°® � w k m - a1 o- 8 III; Te ° m oa a W3 J_ vQ'Ca Z i 4r 2 IC m F-'.E. v, re J HI a u L r .p a , z a iE 1J y $- xm¢ 'zi J m1.1 to -- U w ��❑ tY _. ♦ af. r e $ i x. EA o rte. i a IE `rr Z ;o ra 3 o o rN ',w U r v x e Qx "'t,8 11s - I z4 g e� , W x ¢ i r c 1 ,� • _.. Fo a ¢ 0r I m I iu 8 1Y o' 1� m y �R. �i c ycp W E n. t .{{e a , o ❑ > - -,...8 % 111-e. zo te _, a g 8 iw0 .n 72 roLti ��Q8§ g uu�iA' ¢ri SIT m , -I Y; m F �e, 1 � z e u i .S g: a aril , Yn YLT i 2 c2 Fit j m Y>; m 1.? y �o C:. o awe ₹ 2 g„ € J 0 . 1 YU i � a O1N ffi ea W� a ' t o via -L'itr J'. o z x S tg>_; O 00 3 oG cv �yo ru aa ai -5Y W ❑ ❑ of ❑o °oo rt. ��1. "1' 2i �'�'O .1 11 O ^r tit', � @ga€ ti LSY t r ) u.2 i1 S z 2 k S �/� '411 _ • SS y a1 t 'f W v 1 Ox FV W L$ '3 2 ¢ v o� m K < W �V O O O O � � O� '> 1� a `t ` ..1 ..., v v v 3c�n��i - E� ❑❑❑❑O p ❑❑ h❑ q i I�11 t .G' .! T r 1 p v' n .ten vmi uei V'i v p Y m g ,:iii:::::,::: r K11m J - � _ ;it! W8 Y,.- i Li cil 'g ..� .- c,3000t -1oo gcx' I" I' r ja S of W W > W-to i.,", € STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH �� coto Dedicated to protecting and improving the health and - -, r p aenvironment of the people of Colorado `-, * 1 4300 Cherry Creek Dr.S. Laboratory Building I- . - , • • . *' Denver,Colorado 80222-1530 4210 E.11th Avenue --' . .1876* Phone(303)692-2000 Denver,Colorado 80220-3716 . (303)691-4700 Roy Romer Governor October 1, 1993 Patricia A.Nolan,MD,MPH Executive Director Alan Scheere Waste Management of Colorado 6037 77th Avenue Greeley, Colorado 80634 RE: Central Weld Sanitary Landfill (CWSL) Weld County Dear Mr. Scheere: During our telephone conversation on September 28, 1993 you requested a letter from the Hazardous Materials and Waste Management Division of the Colorado Department of Health (the Division) indicating CWSL compliance statues with USEPA Subtitle D (40 CFR Part 258) and the state's revised solid waste regulations (approved June 16, 1993 effective October 9, 1993). Based on the information contained within the voluminous documents submitted for this facility, it is the Division's opinion that CWSL meets the following requirements of Subtitle D and the state's revised solid waste regulations; 1) design and operation criteria, 2) ground water and explosive gas monitoring network and sampling frequency, and 3) location restrictions. Although not required for compliance as of October 9, 1993, a financial assurance program and closure plan must be submitted to the Division for review and approval. If you have any questions, please call me at 303-692-3437. Sincerely )dz,, Roger Doak Geologist Solid Waste Section Hazardous Materials and Waste Management Division cc: T. Jiricek, Weld County Health Department C. Cunliffe, Weld County Planning Department Weld County Commissioners B. Hedberg, Waste Services Corporation L/ file SW/WLD/CEN/1A t X/7, bi71J/ ALT C'r'J�.:_i`; ;, yi.. t rft/ �6GG , 931061 'pi:A ER LAKES CIRCLED 11i BUa,E !!tstL : 5tz1 , a.3, 'kit \ 7,rclilipal .'� Y 1 1.t.. ;<' '" .` a' ' ,* Ilk 't J . 1, [, to ! pt .! f x . aye / * \" r / ,i \ 6 P. T _ 4 iM x r" n + "\ .{. �y y4iG ,lj TN j( t4:' 114‘. ' A .. II F �.. i .......L.......././ —Y , FFF a+ yy. 4 n� ;or :.,-.4° " x e s2 IC,: eF�1 1 t � �# •� :". b a' �� m k .... .. a , - , ' , - , - -ter,- Is a a . . -_ ,:-,. . ,t„..„. „ .,.„, ,,, ., ft, .. , a , .., ,,: „.. .. . . ...„. y\ a ry -.til , t tit L. i'A 4: sus A-- fj ,. - �•-a A' �. ,. -. a y I( > b/, 3� ' f Lf f r , \ a,. "E'w' - ,+ - - �t. I- ii 4,4 t: v. t' a �i, I raj r �' .. 4 ,. N�!! � rC.,t n.a .. 11... f, mot/ \� ' 111 � - • • 48 � �� s C's(\\--T/)\ 4 ts \ o! 4340 • A to 4 3 olv 47/5 ' n 11 / -120 0.40.00r s= 0 Well o • ---- — ./. • li NN 4709 Imo„ 11 N N 0 • "Sch Daniels" °. 476 /� ti 14:4' •1, 3 • 4 • • O3 5P0r LAL KES CiRCS IN "BLUE /' I ft Lthe i 1 I APre /��t�ncri t N.1 'I C I* 971.1)q1 i '�1 i EXHIBIT U - -75- Weld County Commissioners: My name is Misty Lees, and I have .been a resident of Johnstown for two and one-half years. ' In the brief time that I hF,: r lived here, I have chanced upon an amazing array of wildlife within miles of the Central Weld Sanitary Landfill, mostly along the South Platte River floodplain. I 'm not a trained naturalist, but I 've easily spotted 4 wild turkeys, dozens of Bald Eagles, hawks. Great Blue Herons, owls, fox, deer and pheasant. This is my precious backyard, and it is threatened by potentially toxic substances that could leach out of the landfill. I have often wondered why the landfill was placed within. a mile of one of the largest rivers in Eastern Colorado . So prominent is this waterway and the land around it that James Michener devoted a whole book to it - the novel, Centennial . The pioneers after whom he modeled the characters settled this area, and their descendants still occupy the land. The Central Weld Sanitary Landfill sits at the top of a system of draws and ponds that occasionally flood and almost certainly leach into this land and river! I have brought a series of maps and photos that clearly show this problem. PHOTO 1 - aerial photo showing the proximity of the landfill to the Spomer Lakes and Big Thompson River. MAP 1 - the same area and same scale as the photograph , in a topographic map, again showing the landfill next to the Spomer Lakes, which are a series of dammed ponds down a draw. MAP 2 - a topographic map showing a larger area around the landfill. The general flow of surface water runoff during heavy rains or flooding is shown with purple arrows. It can be safely assumed that the area groundwater moves in this same basic direction under the floodplain towards the rivers. - I am not an expert in hydrology, but I think I can say that a better location could be found for a landfill. Since the landfill is already here , what is our next step? A request has been made to allow the landfill to continue to operate eery" tt ly bui �' •�"_ A nd --tic• . I see no reason to allow this to proceed. The landfill has had waste in contact with groundwater already. There is no lining underneath, other than naturally occurring but unpredictable bedrock, so who is to say if landfill waste is leaching into groundwater already? I am fearful that the Central Weld Sanitary Landfill will obtain .prmit ian t to allow special wastes onto this site, which could include any number of industrial substances. clu1� � 3 Let me state that I do not own a 100 year-old farm or any land near the landfill. I 'm not even remotely related to anyone in this area. I have no children who will inherit this neighborhood. And I have never gone fishing along the Big Thompson or South Platte Rivers. But I care deeply about this environment, the farms, the people and the future of this place I call home. Please don't risk our future and allow the Central Weld Sanitary Landfill to continue operation. Thank you. C 1��j ,. ._-_.,Ir I ‘1 ' ,. . ©, , ..... (jilf:e7 © C i,, F1 .?/ "� F i - /,) • fi g', •,,'„) I: 1 C E. •1-1') , z CI / 4/ ,)©^ ,�1 -nos.* 4 \VVV II / 1 /' �— `).., )4 (1' (,) 1C/ /�,+ C°I' . / t /R2o� /N III, ca� .. /, is I�� 7 r r C r C , ;v ► C —C ., C -)--- L , Ic„. i--,,,, --\,, .%1 i / 1 ti I�h ) ' 7 ' II \1 C 'C'5',.‘ (\N _ •o ,�� i ( .. )I /---->._ ,,,, - ___N__71 LI ,-, ,/ _-____- 0 \ , \:, v. _ , ,,, k I 1)::'-----, \ . - 4 . 1.) 1 ,- Y I , .11 . 'N„, -------\\ \_4 .).)-- ; jc, -..,-.,$,>'- \ t It .,,, \ ':'''' k,,,\ , , A\ _ ) ..,, , _ ..,_ , r , Al ,:,:t?...-----.7. ,1% - -C-____ 01 \ ____. ,7m ,a. '.4 " N —1,-1------- LAV C \ L., ---- ') ) W 9,c1, - _ -V Ilk C�_ N.-C vii- �., _d '' A i l��l ' i `mil tai� __ \w� Mk"'""-- C / r S�L�t„,7_,____,,, ___,...s_v,,,„.„,„ .., : IC A >L.• kV 1,70_,;:‘\?/,_::, )1...(kAllk illi ��i�7//� `�'—_ 'fi b •i • --- -- -s-7 i !: ,._ ,'-- - ,,,,._.,../ ' le".,.. <.,,.T, 4,4 ) frii, , , ) ., . „ , , , \'Ilk''. % , (-; ) , ,, , '''-''; !I1e Jifi\ 1 ` �., ,A , ,_,_.-) i ) i :7 A, - ,.....--.-----1,----{�^,. obi blE I I L'-i ' r--":'-'—'fl') 1..21,-.** - ft ':". / •x -----,17: - �\ �� ME IT '�-T ,� ice :�I� - �� 1^'✓�� / 7A9A�aA1� . , J ; f AI. 0A, . ililliOrrAri M•.74 " :ilk ,A it!,. --c,j____N\-- i lk..'-. \-------.) (2 ___„_____..._7-1.-" 1,--4:.... ..):,,i ' is l7�Efii: L: ,� o- Madam Chairman, members of the board, I am Harold Daniels. I live at 23732 /WCR 27 1/2, Milliken, CO 80543. I am speaking for myself, my wife Madeline, and my son Tom. Our property lies some 2/10 of a mile from the landfill. We didn't sign the agreement. We were the only neighbors down gradient from the landfill in on the negotiations with Waste Services. We didn't sign. Three attorneys independently recommended we not sign. I would like to address Spomer Lakes. They are definitely contaminated. I have seen water being discharged from the lower lake. It was a milky-gray color and had a foul smell. The lakes are adjacent to the landfill and about fifty feet below the landfill. It is obvious the pollution from the landfill is seeping into the lakes. Waste Services has tried to blame this pollution on farming practices. This is ridiculous! Water in near by lakes, water in the draw above Spomer Lakes and waste water from near by fields are clear and do not have a foul smell. The EPA says "There has been no sediment sampling conducted to evaluate the surface water pathway". See exhibit ARCS,David C. Shelton, CDH, explains in a report dated 1977, the chemical reaction of materials in a landfill which he says "anaerobic decomposition leads to the production of methane, ammonia, and hydrogen sulfide" which is definitely the smell of Spomer Lakes. The surface water pathway of the discharge from the lakes is as follows: through a ditch on the Spomer farm, through the barrow pit of road 27 1/2, through an irrigation ditch belonging to the Daniels, continuing along road 27 1/2 and finally across the Daniels farm into the Big Thompson River. Waste Services should not be allowed to discharge polluted water onto other people's property and into the Big Thompson. Also, full spectrum Appendix 2 testing should be done on all ground water monitoring wells as well as surface pathways. We would want to know any 1. gl EXHIBIT .2119 ci 93;1061 2. possible contaminants existing instead of testing only for VOC's in the new monitoring wells and the limited Appendix 1 testing at other sampling points. Waste Services wants to accept "Special Wastes" including soil contaminated with diesel fuel and gasoline and other contaminated soil. Given the poor geological location of the landfill and its proximity to the river, this should not be allowed. We feel a decision on the fate of the landfill should not be hurriedly made. We feel you as commissioners should carefully study this agreement, the closure-post closure plan and all related documents. We invite you to come and tour the area to see first hand what we are talking about. (Mr. Webster has taken the tour!) We know this has been a very controversial landfill and it would be convenient to put it behind , but you may have a real Pandora's Box here that may come back to haunt the county and generations for years to come. The EPA has been trying to get access to the landfill to do testing and sampling. This agreement before you is good for 180 days. Why not in addition to your studies, see what the EPA says? We trust you will make a decision only after a very careful study. Thank you. 1.24.061 SPECIAL PUBLICATION 8 PROCEEDINGS GOVERNOR' S THIRD CONFERENCE ON ENVIRONMENTAL GEOLOGY \spen, Colorado September 25 -26 , 1975 GEOLOGIC FACTORS IN LAND-USE PLANNING HOLSE BILL 1041 • ,. a_ t } Nq 4 ••• ?II:. d b-• ' ..} a 1" ^}% t A N. .. --r ,�"` dab' -#1riEtte- vast �s. a EDITED BY DAVID C. SHELTON COLORADO GEOLOGICAL SURVEY "` "' DEPARTMENT OF NATURAL RESOURCES STATE OF COLORADO AA‘jaz,6„ DENVER. COLORADO `r+,,,..n"‘ 1977 977 931061 lANS£N -. DISPOSAL METHODS Of the ground-water gradient with virtually no Ors- persion upstream. Most solid waste is disposed of in one of five Figure 6 depicts the very simple but very common general ways: in open dumps, by incineration, by condition in which solid waste is dumped into an . on-site methods, by recycling, and in sanitary exhausted gravel pit; the leachates go directly into landfills. the ground-water and disperse downstream. Even if The open dump is a problem because it is an the fill is normally above the water table, a attraction for vermin, insects, and other disease- yr seasonal rise of the water table would induce a carrying organisms. It causes visual blight and is reaction between the ground-water and the waste a source of pollution, off-site, to the environment. material, and even a qualified organic chemist could , Many cities, large and small, now have regulations not predict all the possible chemical combinations that prohibit open dumps, but compliance is difficult that would result. Microbial and chemical decomposi to enforce. tions of the waste material generate various gases. Incineration is coming into the fore, partly be- One of the more common reactions in an aerobic en- cause s tee s for sanitary landfills are becoming vironment is the production of carbon dioxide from harder to find. Methods of incineration vary greatly the breakdown of the cellulose. The CO2, in the and nowadays power is even being generated as a by- presence of water, produces carbonic acid which product. Depending on the efficiency of the inciner- reacts with many components of the dump, which in ator system, the waste can be reduced by as much as turn tends to raise the hardness of the water and 90 percent by volume or as little as 40 percent. In increase the biochemical oxygen demand (Schneider, either event, the residue still has to be rehandled 1970, p. F4). Anaerobic decomposition leads to the (Office of Science and Technology, 1969, p. 50). production of methane, ammonia, and pydroaeasultde._� On-site disposal is largely limited to industry, All these reaction products make their way into the but much garbage and some combustible waste are now hydrologic regimen or escape to the atmosphere. handled in the home. But in-home disposal' only Figure 7 illustrates another fairly simple passes the problem on to somebody else, because the example that is very prevalent in the mountain com- residue is Just flushed down the drain and sent munities of Colorado, the case in which leachate elsewhere for further processing. travels down directly to the water table. Shortly Recycling is still somewhat utopian, but in a below, a zone of fractured bedrock provides ideal modest way it has been going on for a long time. A channelways for the long-distance migration of great deal of garbage, for example, has been fed to leachates. In the rare but more nearly ideal case, hogs in the past and is being fed to them today. the solid waste is deposited in an environment of Feeding garbage to hogs, however, carries a real very low permeability and porosity and essentially danger of spreading disease, and legislation in the is contained within the waste disposal site iteself. past few years has tended to require that edible Prior geologic studies can help find such settings. refuse be boiled or cooked before being fed to the animals. Composting is another useful but statis- THE SANITARY LANDFILL tically insignificant form of recycling. The sanitary landfill, at the present time, is Just what is meant by a sanitary landfill? The the most satisfactory widespread method of disposal , study by the Office of Science and Technology (1969, but it presents many problems. p. 59) reviewed more than 6,000 landfills throughout the United States and found that only about 6 percent PROBLEMS OF LANDFILLS of them were, indeed, sanitary. The intent of the a key role in the proper location sanitary landfill procedure is to confine the leach- Geolog y plays ates--the waste byproducts--essentially to the land- and design of sanitary landfills, especially with re- fill site; to cover the site daily so as to dis- spect to ground-water movement, and therefore, to courage the proliferation of vermin and minimize off-site pollution. Figure 4 is a logarithmic scale offensive odors and visual blight; and, finally, to showing permeability of tight, unweathered clay on restore a ground surface that can be used for other the one hand, and clean gravel on the other, with purposes after the landfill is completed. gradations between. Permeability rates, of course, In Pits are ouch higher for clean gravel than for clay, and Oftentimes the fill is emplaced in three separ • - it is ironic that most of our landfills are located ate lifts for better control (Figure 8). Common in areas near the lefthand side of the Figure--in practice is to emplace about four feet, or four units, sands and gravels. These are the areas where cyclic of compacted fill to one unit of cover material per land use has resulted in the removal of gravel and day. Finally, a minimum soil cover about two feet sand for other purposes and has left convenient thick is used to top the completed landfill. In an holes in the ground where we tend to dump our waste actual example in the Denver area, a gravel pit was and where we have the greatest problems with ground- worked right down to a claystone bottom. The same water contamination. In the simplest case, Figure 5, claystone was used to provide an impervious membrane the water table follows the slope of the land; on the walls of the pit, to cover each individual ground-water moves down a gradient which, in general , lift, and finally, to restore the surface with a is parallel to the slope. The landfill in the upper final cover. A "plumbing system" was devised to lefthand corner is releasing leachates that travel carry away seepage and rainwater. Demolition waste, vertically downward through the soil until they which usually lacks many of the undesirable reach the water table; they then move in the direction characteristics of ordinary landfill refuse, was not 45 DATE JULY 10. 1992 AS DAVE HAVES 805. 8230 23675 WCP. 27 1/2 Ana!:res by: MILLIKEN CO 80543 T_(IPL "S" LAB. :`.C. - SUBMITTED BY DAVE HAYES R / E=/ED 23675 WCR 27 1/2 sn4rartcn om.sinN MILLIKEN CO 80543 At Johnson's Corner (0eiIn Go t LAD NO 132296. 01 FILE NO. 132296. 01 Love`ia.na. tgonlorado 30537 WATER ANALYSIS RESULTS BoWELlx 3CUUPi`i I Bum � Il SAMPLE NC. 1 SOURCE: POND USE: DOMESTIC LOCATION: 7-7-92 PPM MEG PER LBS PER STD^^ CATIONS LITER ACRE FT CALCIUM 130 6. 5 351 700 MAGNESIUM 123 10. 7 346 125 SODIUM 102 4. 4 275 700 POTASSIUM 20 0. 5 55 1400 ANIONS CARBONATE NIL BICARBONATE 174 2. 9 470 ' CHLORIDE 33 0. 9 89 250 SULFUR 294 18. 4 795 AS SULFATE 883^ 250 NITRATE NITROGEN NIL 10 NITRATE AS KNO3 NIL 70 BORON 0 38 1. 03 GENERAL TOTAL DISSOLVED SOLIDS 1470•^ 3969 500 HARDNESS (CaCO3 EG) 851^ 200 HARDNESS (GRAINS/GAL) 50^ 12 CONDUCTIVITY (EC X 10-6) 2200 pH 7. 5 SODIUM-ADSORPTION-RATIO 1. 5 SOLUBLE SODIUM (7.) 20. LEACHING REQUIREMENT (7.) !2S. ""U. S. PUBLIC HEALTH SERVICE Drinking Water Standards as Parts Per Million (PPM) . Levels below these are satisfactory, higher levels are questionable. ^ Indicates level above desirable upper limit. COMMENTS FOR DOMESTIC USE: Total Dissolved Solids are above the desirable upper limit of 500 ppm. Magnesium is above the desirable upper limit of 125 ppm. Sulfate Sulfur is above the desirable limit of 250 ppm. PPM STD^^^ PPM STD^^^ PHOSPHORUS 3. 920 MANGANESE 0. 448 0. 05 COPPER 0. 023 1. 00 _ COBALT 0. 014 ZINC 0. 249 5. 00 IRON 0. 303 0. 30 MOLYBDENUM 0. 076 SELENIUM 0. 149 0. 01 CADMIUM 0. 020 0. 01 MERCURY 0. 009 0. 00 ARSENIC 0. 173 0. 05 LEAD 0. 075 . 0. 02 NICKEL 0. 722 CHROMIUM 0. 061 0. 05 VANADIUM 0. 007 ALUMINUM 1. 743 1. 00 ' "'U. S. PUBLIC HEALTH SERVICE Drinking Water Standards as Parts Per Million. 901061 '� mEmORAnDUm. W�`D�• To Board of County Commissioners Date October 11, 1993 COLORADO From John Pickle, Health 1 Subject: Central Weld Sanitary Landfill We have reviewed the Agreement of Hayes, Telep and Carlson and Waste Management Disposal Services of Colorado, Inc. It is the opinion of the Department that the agreement, pending review and approval of the Closure Plan and the Interim Measures, would satisfy the compliance issues which initiated the April 5, 1993 Probable Cause Hearing. The Department would recommend that the Board accept and incorporate the terms of this agreement. • Hello