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Home My WebLink About940056.tiff RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT 11540 - NORTHERN COLORADO BRINE, C/O MIKE CERVI WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 19, 1993, a Show Cause Hearing was conducted to consider revocation of Special Review Permit #540, issued to Northern Colorado Brine, c/o Mike Cervi, and WHEREAS, at said hearing on May 19, 1993, said matter was continued to June 23, 1993, then again continued to July 7, 1993, then again continued to August 30, 1993, then again continued to November 17, 1993, at which time said matter was again continued to January 10, 1994, at 10:00 a.m. , and WHEREAS, Mike Cervi is the owner of the facility located on property described as part of the NEI of Section 26 and part of the NWe of Section 25, Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, at said hearing on January 10, 1994, Mike Cervi waived his opportunity to have a Probable Cause Hearing prior to re-initiation of a Show Cause action only with respect to those matters which are at issue in this Show Cause action, and WHEREAS, after hearing all testimony presented, the Board deemed it advisable to dismiss this matter without prejudice. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning revocation of Special Review Permit #540, issued to Northern Colorado Brine, c/o Mike Cervi, be, and hereby is, dismissed without prejudice, with those matters which were at issue in this Show Cause action subject to re-initiation without the requirement of a Probable Cause Hearing. /VC B ' LiN/� 940056 SHOW CAUSE HEARING - NORTHERN COLORADO BRINE, C/O CERVI PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of January, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, C LORADO if/alp-7 Weld County Clerk to the Board / .f�f/ (\}// �� y� ) W. Webster, Chairman BY: cS11. / k / / Ai. 8 J Deputy erk to the Board Dal , Pr em/� APPROVED AS TO FORM: ��J./ ' G7ge/$. Baxter ounty Attor ey Constance L. Harbert Barbara J. Kirkmey r 940056 HEARING CERTIFICATION DOCKET NO. 93-22 RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF USR #540 - NORTHERN COLORADO BRINE, C/O MIKE CERVI A public hearing was conducted on January 10, 1994, at 10:00 A.M. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Keith Schuett Health Department representative, Trevor Jiricek The following business was transacted: I hereby certify that pursuant to a notice dated April 12, 1993, and duly published May 6, 1993, in the Windsor Beacon, a public hearing was conducted on May 19, 1993, to consider the revocation of USR #540 issued to Northern Colorado Brine, c/o Mike Cervi. At said hearing of May 19, 1993, said matter was continued to June 23, 1993, then again continued to July 7, 1993, then again continued to August 30, 1993, then again continued to November 17, 1993, at which time it was again continued to January 10, 1994, at 10:00 a.m. At the hearing on January 10, 1993, Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, said he inspected the site on January 7, 1994, and indicated the depth in Pond E was still in excess of the 30-inch limit, and the pond is covered with ice; therefore, no evaporation is occurring. He stated concerns about the accuracy of the newly installed gauge-height indicator on Pond D because the level is still below zero even though several thousand barrels of water have been added. Mr. Schuett stated seventy to eighty percent of the Pond D floor was covered, and Pond C had oil skim existing even though the heater- treater system had been installed. The aeration system is still on Pond C, but it is not operating, and the facility has until June 15, 1994, to remove said system. Pursuant to Operation Standards #15 and #16, Mr. Schuett indicated the uses have not been limited to the plans and some Standards are still not in compliance. After discussion, the video tape of the facility, taken on January 7, 1994, by Mr. Schuett during the inspection, was viewed. Mr. Schuett noted for the record a copy of the inspection report was faxed to Ken Lind, Attorney representing Northern Colorado Brine, on Friday, January 7, 1994. Mr. Schuett suggested transferring water from Pond E to Pond D to reduce the depth of Pond E. Discussion ensued concerning the necessary number of readings required to achieve average depth of a pond, and Mr. Schuett indicated it depends on the size of the pond. Trevor Jiricek, Health Department representative, also stated concerns about the depth of Pond E and the accuracy of the depth gauge on Pond D. Mr. Lind referred to previously submitted Exhibits 8 through 29 and 103 concerning the depth of Pond E which was approved by the County and the State. More specifically, he referenced letters dated July 13, 16, and 27, 1993. He said Pond E will not receive any more water until it has been evaporated and reworked in accordance with regulations, which will result in a 30-inch depth. Mr. Lind stated there is an agreement in place to reduce the depth and rework the pond and the Amended Design and Operations (D&0) Plan is for the current pond. Vern Nelson, Nelson Engineers, also represented the applicant and explained in detail what reworking the pond entails and answered various questions from the Board. Mr. Lind clarified the original D&0 Plan was amended on May 13, 1993, for greater depth; however, they have agreed to revert back to the 30-inch depth as indicated in the original D&0 Plan. Mr. Schuett clarified there is an agreement among Planning, Health, and the applicant 940056 RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI PAGE 2 concerning the evaporation and reworking of Pond E, and the new floor will not exceed 30 inches. Technically, however, that pond is not currently in compliance, but it is being worked on; therefore, that issue has an end result established. In response to a question from Commissioner Kirkmeyer, Mr. Jiricek said a physical inspection and review of documents will be completed after the pond has been reworked. He suggested the use of the three-way transfer line among Ponds C, D, and E, to alleviate some water from Pond E. Mr. Nelson indicated Pond E is too low to flow in the directions of Pond C and/or Pond D, and the rules have changed; therefore, they cannot use the transfer line. Responding to questions from the Board, Mr. Nelson stated if the pond were pumped, disturbance to the liner could be controlled; however, the cost of providing a pump and doing the pumping is prohibitive. Let the record reflect after further discussion, a recess was taken. Upon reconvening, Carol Harding was the Acting Clerk to the Board. Mr. Lind continued his response to the inspection report and presented, for the record, Exhibit 300, a letter dated November 11, 1993, to the State Air Pollution Control Division stating the facility is ready for final inspection, and Exhibit 301, the Construction Permit from the Air Pollution Control Division indicating initial approval on the new equipment, Exhibit 301. In response to Operation Standard #7-I regarding an oil skim, Mr. Lind referred to Exhibit 62, which is the skim plan approved by the Health Department in July, 1993. Mr. Lind stated he considers the depth of Pond E to be a non-issue because of the agreement referred to earlier concerning reworking the pond. Mr. Lind presented Exhibit 302, a letter from Nelson Engineers to the Health Department, dated July 27, 1993, which discussed the repair and restoration to be undertaken on the existing ponds, as well as the plans to develop a 30-inch average water depth for Pond E. Mr. Lind stated that, at the present depth, Pond E was approved by Health, Planning through building permits, Colorado Health Department, and the D&O Plan amendment. Mr. Schuett clarified for Commissioner Kirkmeyer that the agreement mentioned specifies that the applicant will reduce the depth of the pond to the original amount, will not add water, and will reconstruct to 30 inches after evaporation has occurred. Mr. Morrison stated the legal issue is dissolved if staff and the applicant agree to reach a solution; however, it can remain an issue, but not be heard at this time. Mr. Lind reiterated that he agrees not to proceed at this time since the agreed upon remedy is acceptable to the Board. In response to a question from Commissioner Kirkmeyer, Mr. Lind stated the applicant would begin reworking the pond in July. Mr. Nelson pointed out it is doubtful all the evaporation will have occurred by that time; however, since the bottom is not level, they should be able to begin working on the exposed sections of the pond. Concerning Operation Standard #7-H, Mr. Lind stated the depth gauge indicator causing concern is located on Pond D. Mr. Nelson presented a sketch and his field notes, Exhibit 303, and explained how he determined the proper level for zero. Mr. Nelson said location of the zero point is a judgement call, and he indicated there is more than five feet between the zero point and the top of the bank and the bottom of the pond varies as much as one foot. Mr. Schuett explained there were approximately 34 inches between the zero mark and the water when he measured. Mr. Nelson discussed the cross section showing the bottom of the pond and reiterated they did not try to level the pond because they did not want to destroy the liner. He stated some of the bottom is below the zero point, and some is above the zero point. After further discussion concerning the elevation of the zero point, Mr. Morrison stated the water depth is the issue, not the gauge. Mr. Schuett said the freeboard was established at 30 inches in order to ensure the water would not leave the pond due to elements, such as rain, wind, and wave action. Mr. Morrison stated placement has to do with rate of evaporation, the percentage of volume evaporated, and construction of the dike, rather than it being an arbitrary placement. After further discussion concerning whether or not to move the zero mark, Commissioner Harbert suggested dropping the zero mark on Pond D by three inches in height. Chairman Webster determined there was a consensus of the Board. Mr. Lind agreed, 940056 RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI PAGE 3 on behalf of the applicant, that the zero mark would be lowered three inches on the gauge. In response to a question from Commissioner Baxter, Mr. Lind stated the applicant planted 203 replacement trees in October 1993. Mr. Lind stated the final permit is pending and a few administrative matters need to be cleared up; however, with the reconstruction already completed and the agreement to return Pond E to 30 inches and move the zero point on the gauge in Pond D down three inches, they are in compliance. Therefore, he asked the Board to dismiss the Show Cause Hearing. Mr. Morrison reminded the Board that to dismiss with prejudice would end all issues; however, to dismiss without prejudice would require continued compliance with the issues in order to avoid a continuance of the Show Cause Hearing. Mr. Lind agreed that if the Board were to dismiss without prejudice, the applicant would waive the probable cause hearing on these issues. Mr. Morrison reiterated the probable cause hearing would not be waived on any new issues. After further discussion, Commissioner Kirkmeyer moved to dismiss, without prejudice, the Show Cause Hearing to consider the revocation of USR #540 issued to Northern Colorado Brine, c/o Mike Cervi. Commissioner Harbert seconded the motion, and it carried unanimously. This Certification was approved on the 12th day of January, 1994. n APPROVED: ATTEST:�J/J�J / / n 1�/ BOARD OF COUNTY COMMISSIONERS /�,Jrvyn , �` �' (�4� WELD COUNTY, COLORADO Weld C unty lerk to the Board / By: 4PutYCdti4t W . WebsteC rmad Da a K. Hall, ro- m TAPE #94-03 �.I. < iri C_ v eo�ge Baxter DOCKET #93-22 `J Constance L. Harbert PL0059 L Aarbara J. Kirkmeyer 940056 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 30th DAY OF August 1993: DOCKET II 93-22 - Show Cause Hearing, Northern Colorado Brine c/o Cervi DOCKET # DOCKET II DOCKET II PLEASE write or print your name legibly, your address and the DOCKET II (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING r L LC/ �� =tLtC441. /d c/93 Lc( k 5 /1 it ikcft' iz j - n v L L ifrl' fr / x113 CRSdi/k f .z N -Jo �y/ t1 L.L., /✓ ✓ec e— vev�ti IcdC LLl (. 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Ek!ubi9 98. >r IOD gLgiti:luL- Lai(bi+s sub+ ic- Cv . 9/I/ 3 p Jo fits / &a.tt.a t_o (8/3/93); Arm Y �,Q OGG �Gon- Q �- �C CU i 1 0. +/-P-4W J[,9 C 3 n # int" tbi��1Li u a ram J&t ,t. flew s/fi antes L/lam n�..� � kat, u7 I t 101. /I '� /6 Qutpth-va amattintattatw, AL ecniSI93,)/C�f.�/ i& Jt t,K) ,_ t na' � ` aQ 9ULI Lidtt "-' II II1/1.5-/93 i9/17d 81/471/93 fait /74 102. , gvii.cek Yo `/].t,/,�.zok, 8/s�/93); anti... to ./ ( a 103. Ii i• nytem nth„it. h ltl.C'1.�,(ir •7/q/3) Ci/pa re t ato"Ksessi�'ny/'-ev.&-'. ' /C40 104. //ltMe/h 6/761 'U G -4 eitreng a f�6-&—a tu'e.eAdz- °/ s) vi M// Z $o 76n-)Ge.Z`' Ion,/6I azL �) 1%-105. ( , Ms, w. on (c.`+,, ) t.af `1t l�l,t u({'l.unt ftctt1h O(ct Io/%l 106. ] h-lu .th ,k,h. 4 p Lerp as 13-pma .lrru y iind(antta (3 par) {{//� ``UU J� �l �,,{i geto-pay ' -/000n.pi-et-btu, I, 1933, L30CG too AtaoLe,.. I ilia 107 / 2A -lu..T/t J. (Jl La. d entni n �LiTe-btu, vs. Thrund ea use ap' /l G�`.n ttzu i �i (4t t�kaea ) ("/a/93) ll11,� 108. ti/ui.t11 J. Alh_G_ hi: et,,,, Pena.-- h.- onfrnl otvn/ion. , ` 0 l 0me/000( vot/t.t nu3 d orunwtts (/t/to193 (la / 109. \ N 110. 111. v-� Ld 14 ,i1-2-:/7/ 7}.1-r: ivi-titi,fre -1-t,l_ &,-P--zm-n-ci ,,,, 7 , , , 7, , • ,Thi,„, 7/27/9D as_ — �303 0 /ni1C ' n.0, - � � r(veSolgit 116. 117. 118. 119. 120. 940056 JAN 7 '94 15:37 r 'M WELD CO TREASURER TO CENT' DIAL BLDG PAGE.002i007 INSPECTION REPORT DATE: January 7, 1994 - CASE NUMBER: ZCH-97 and ZCH-98 CASE NUMBER: USR-540 .... ' NAME: Northern Colorado Brine ;1 c/o Mike Cervi .._ 10600 Weld County Road 54 Milliken, CO 80543 LEGAL DESCRIPTION: Part of the NE4 of Section 26, and part of the NW4 of Section 25, all in TSN, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile east of State Highway 257, south of and adjacent to Weld County Road 54. The property was inspected to determine compliance with the Operation standards 1, 3, 6, 7A, 7H, 7I, BA, 15, and 16. These standards were identified as part of the Probable Cause and Show Cause hearings. Operation Standard Number 1 states as follows: The use shall be an oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. No hazardous waste or nonhazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed, and operated to comply with the Colorado Department of health Solid Waste Disposal Sites and Facilities Act, Title 30-20, Part 1, CRS 1973, as amended. The inspection showed that the property is not being maintained in compliance with this standard at all times, - The depth of water in pond E is not consistent with the application materials. The pond depth is not to exceed 5 feet (30 inches for freeboard, 6 inches for salt accumulation, and 24 inches for brine water). The depth of brine water in Pond E is approximately 7 feet. Noncompliance of this standard in the past has been noted as follows: - Nonhazardous waste from Monfort and other facilities has not been received at the facility after the noncompliance was identified. Prior to this inspection, the use of the property was not limited to the oil and gas disposal and oil recovery facility as described in the submitted application materials. Nonhazardous waste from Monfort and other facilities have been disposed of at this site. C k bL CB b' 16(i • `) FEL. 94.0056 JAN 7 '94 15:37 r-"'M WELD CO TREASURER TO CENT' 'VIAL BLDG PAGE.003/007 INSPECTION REPORT, 2CH-97 and ZCH-98 Northern Colorado Brine Page 2 Materials other than brine water and approved waste have been disposed of at the site. Receipt numbers 40925 and 40862 indicate that motor oil and other materials were disposed of at the facility. Additionally between the dates of March 9, 1993, and March 16, 1993, Northern Colorado Brine received 10,240 gallons of oil contaminated water (see Certified Letter No. :P186 9787 578) that was not approved. The records at the site indicate that this type of waste has not been disposed of at this site since the last inspection. No frac tanks other than the two allowed on-site for pond skimming were observed. Prior inspection of the facility was used for oil field equipment storage. - Pond A, B, C, and D appear to meet the 30 inches of freeboard. Prior to this inspection all ponds were not maintained with the minimum free board of 30 inches. Freeboard is a part of the 5 foot pond depth from the top of the pond liner (30 inches of freeboard, 6 inches of salt accumulation, and 24 inches of brine water) . The inspection showed that less than 2,000 barrels per day are being received. Prior to this inspection the facility had accepted more waste than it was designed for. The facility was designed for no more than 2,000 barrels per day_ The facility had received as much as 9,000 barrels of brine water in one day. With less than 2,000 barrels per day received, the required 24 hour retention time should be obtained. The facility was designed for a retention time of 24 hours within the skim tanks prior to the release into the ponds. Prior to this inspection the retention time of the brine water had been as short as 4 to 6 hours with the amount of water (9,000 barrels) that the facility has received. The inspection showed that records are being maintained at the facility. Prior to this inspection appropriate records had not been maintained. The inspection showed that the contaminated soils have been removed from the site. Prior to this inspection contaminated soils had been located on the property and not properly handled. Contaminated soils were place on the ground without any barrier or liner. Slight odors were observed during the inspection, these odors were not as intensive as what was observed on past inspection. Prior to this inspection the facility had been cited for odor violations (2.1.2 of Solid Waste Regulations). 91005S JAN 7 '94 15:38 r 'M WELD CO TREASURER TO CENT' VIAL BLDG PAGE.004i007 INSPECTION REPORT, ZCH-97 and ZCH-98 Northern Colorado Brine Page 3 Operation Standard Number 3 states: There shall be one (1) point of ingress and egress to the facility from Weld County Road 54. The point of access shall be located, designed and constructed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. Only one access was observed during this inspection, Prior to this inspection more than one access to the facility was observed. Operation Standard Number 6 states: A six foot chain link fence with three (3) strand barb wire top shall enclose the Use by Special Review area. The inspection showed the facility is enclosed with a six foot chain link fence with a three (3) strand barb wire top. Operation Standard Number 7-A states: The four (4) evaporative ponds shall be engineer-designed and operated in accordance with the submitted application materials and Use by Special Review Permit Plan Map. The inspection showed Pond E was not constructed in compliance with the submitted application materials (30 inches for freeboard, 6 inches for salt accumulation, and 24 inches for brine water) _ The water level of this pond has been reduced, but still exceeds freeboard limits. The water depth is approximately 7 feet. Operation Standard Number 7-H states: A gauge height indicator shall be installed in the evaporation ponds. The gauge must clearly indicate the depth of brine water waste. The inspection showed that gauge height indicators have been installed. However, the accuracy of the new concrete indicator on Pond D is not clear. Thousands of barrels of water have been added to this pond since January 1, 1994, and the depth of the water is still six to eight inches below the "0" mark on the gauge height indicator. The gauge height indicator does not clearly and accurately indicate the depth of brine water waste. 910058 JAN 7 '94 15:38 r 'M WELD CO TREASURER TO CENT--VIAL BLDG PAGE.005/007 INSPECTION REPORT, ZCH-97 and ZCH-98 Northern Colorado Brine Page 4 Operation Standard Number 7-I states: The evaporation pond(s) shall be kept free and clear of oil skims. A small amount of skim was observed on Pond C (the southwest pond). Prior inspections showed that pond skim was present on Ponds A, B, C, and D. Operation Standard Number 7-J states: An aeration system shall be installed and operated on the four evaporative ponds. In the event of an odor problem emanating from the ponds, an odor abatement program shall be instituted. The aeration systems have been removed from Ponds A, B, D, and E. The aeration system and sprayer system are to be abandoned after the new heater treater system is installed. The aeration system is still located in Pond C, however, it appears that it is not being operated. Operation Standard Number 8-A states: The dump and skim tanks shall be engineer-designed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. The skim tanks are to be designed to have a minimum retention time of 24 hours. Due to the size and design of the existing skim facility and the amount of water received, the 24 hour retention time of the brine water is being maintained. Prior to this inspection, retention time was as low as 4 to 6 hours due to the amount of brine water received; (9,000 barrels in one day) . Operation Standard 15 states: The use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld county Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment to the permit by the Weld county Planning commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 940056 940056 JAN 7 '94 15:38 F'-'M WELD CO TREASURER TO CENT- NIAL BLDG PAGE.006i007 INSPECTION REPORT, ZCH-97 and ZCH-98 Northern Colorado Brine Page 5 The inspection showed the Use by Special Review site has not been limited to the plans shown and has not been maintained in compliance with all applicable Wald county Regulations. The Use by Special Review site is not in compliance with all Development Standards and all applicable Weld county Regulations_ An amendment to the approved plan has not been applied for. Operation Standard 16 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated standards nay be reason for revocation of the permit by the board of County Commissioners. The inspection showed the property owner and/or operator of this operation has not maintained compliance with all operation standards. 940056 7aiblk "J©U-& , P Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963• Fax: (303)832-4465 Ext. 123 August 4, 1993 Ms. Christine A. Klein Assistant Attorney General HAND-DELIVERED Natural Resources Section, 3rd Floor 1525 Sherman Street Denver, Colorado 80203 Re: Settlement Payment and Permit Modification Northern Colorado Brine Dear Christy: Enclosed, please find a check in the amount of $7,000.00 for payment of the amount owed pursuant to the settlement agreement executed on July 30, 1993, in the above-captioned matter. By copy of this letter I am forwarding to Mr. Cervi his original of the settlement agreement and am asking Patty DePlazes to submit a revised permit application, as requested in your letter, to reflect 2,000 barrels per day production as recited in paragraph 4 of the stipulation. In accordance with your request I am filing a copy of the executed agreement with the Commission, together with my letter requesting that the Chairperson or her designee sign the copy on page 10 and return a copy of that page with his or his designee's signature. Thank you very much for your persistence in helping to achieve the settlement. Best regards. Sincerely, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C. cc: Mr. Mike Cervi Mr. Ken Lind (end: copy of executed settlement, Ms. Patty DePlazes copy of check, copy of 8/3/93 letter) Ex/2/n1/7 vvv fro t 74/ Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303) 832-4465 Ext. 123 August 4, 1993 Mr. Joe Palomba Colorado Department of Health Air Quality Control Commission 4300 Cherry Creek Drive South/APCD-CC-B1 Denver, Colorado 80222-1530 Re: Northern Colorado Brine Settlement, Request to Vacate Hearing and Return Signed Signature Page Dear Joe: Enclosed please find a copy of the executed settlement agreement in the above-captioned matter. On behalf of the Air Division and Northern Colorado Brine, at the request of Ms. Christine Klein of the Attorney General's Office, I am transmitting herewith a copy of the executed settlement agreement, a copy of the settlement check, and a copy of Ms. Klein's August 3, 1993, letter. Would you please have the Chairperson or her designee sign the copy on page 10 and return a copy of the signature page to me an Ms. Klein? Best regards. Sincerely, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C. cc: Ms. Christine Klein Mr. Mike Cervi Mr. Ken Lind Ms. Patty DePlazes 3 l00s ROGGEN DISPOSAL Q . P. O. BOX 300397 2186 DENVER CO 80203 y`i 23-159/1020 , PAY TO THE '0 OR ROF 9 '61 , 0O 9422:$ ��LYl•Li� • $ F �' em w,m LLARS ie co mesa li • 1 e "00 218611' I: 10 200 1 596x: 8 2003 29',IN6u' 34005s oF•coo Aciar * ,` o � 400 1% * 1 `` `ian /iT 1993. Gale A. Norton 1111 r tatr of Tolurabn Attorney General STATE SERVICES BUILDING DEPARTMENT OF LAW 1525 Sherman Street-5th Floor Raymond T. Slaughter Denver, Colorado 03 OFFICE OF THE ATTORNEY GENERAL Phone (303)866-450500&866-3611 Chief Deputy Attorney General Timothy M. Tymkovich FAX (303) 866-5691 Solicitor General August 3, 1993 Gregory J. Hobbs, Jr . Hobbs, Trout & Raley, P.C. 1775 Sherman Street, Suite 1300 Denver, Colorado 80203 RE: Northern Colorado Brine Dear Greg: Enclosed is an original executed settlement agreement to resolve Northern Colorado Brine ' s appeal . Please file a copy with the Commission so that the August 20 hearing can be vacated. It is my understanding that the current pending permit applica- tion requests a production limitation in excess of 2,000 barrels per day. I have informed Tom Tistinic that you will be revising that application to request no more than 2,000 barrels per day (pursuant to paragraph (4) of the stipulation) . Upon receipt of the amended application, I have asked Tom to process the applica- tion as quickly as possible, in accordance with our agreement. I sincerely appreciate your efforts in reaching a settlement of this matter . Yours truly, L', CHRISTINE A. KLEIN Assistant Attorney General Natural Resources Section (303) 866-5129 Enclosure AG File No. E9317338 .150 9.1095:8 Of COlo tett 400 /Ito * O% * /a76 /.9pos Ltw • tatr of Cnalarabo Gale A. Norton STATE SERVICES BUILDING Attorney General DEPARTMENT OF LAW 1525 Sherman Street -5th Floor Raymond T. Slaughter Denver, Colorado 80203 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL Phone (303) 866-4500&866-3611 P Y y FAX (303) 866-5691 Timothy M. Tymkovich Solicitor General August 3, 1993 Gregory J. Hobbs, Jr . Hobbs, Trout & Raley, P.C. 1775 Sherman Street , Suite 1300 Denver , Colorado 80203 RE: Northern Colorado Brine Dear Greg: Enclosed is an original executed settlement agreement to resolve Northern Colorado Brine ' s appeal. Please file a copy with the Commission so that the August 20 hearing can be vacated. It is my understanding that the current pending permit applica- tion requests a production limitation in excess of 2, 000 barrels per day. I have informed Tom Tistinic that you will be revising that application to request no more than 2,000 barrels per day (pursuant to paragraph ( 4) of the stipulation) . Upon receipt of the amended application, I have asked Tom to process the applica- tion as quickly as possible, in accordance with our agreement . I sincerely appreciate your efforts in reaching a settlement of this matter. Yours truly, CHRISTINE A. KLEIN Assistant Attorney General Natural Resources Section ( 303 ) 866-5129 Enclosure AG File No. E9317338 . 150 31100 553 NORTHERN COLORADO BRINE v. AIR POLLUTION CONTROL DIVISION STIPULATION AND AGREEMENT Recital The following Stipulation and Agreement ( "Agreement" ) is made with regard to the appeal of Northern Colorado Brine to the Colorado Air Quality Control Commission ( "Commission" ) , by letters dated February 18, 1993 (appealing the compliance order and civil penalty assessment issued by the Air Pollution Control Division ( "Division" ) on February 1, 1993 by Certified Letter No. P 186 978 276) and May 4, 1993 (appealing the Division's denial of permit modification by letter of April 21, 1993, Certified Letter No. P 860 424 448 and appealing a compliance order and civil penalty assessment issued by the Division on April 21, 1993 by Certified Letter No. P 860 424 449 ) . This Agreement is also made with regard to all other notices of violation, penalty assessments or compliance orders issued by the Division and/or the Weld County Health Department to Northern Colorado Brine concerning alleged air quality violations pending as of the date of execution of this stipulation and agreement by the parties thereto. The Division and Northern Colorado Brine stipulate and agree as follows: 1. The Notices, Orders and Penalty Assessments issued by the Division and/or the Weld County Health Department referenced in the above "Recital" superseded any previous notices and orders issued by the Division and/or the Weld County Health Department with regard to air quality violations at .the Northern Colorado Brine oil and gas brine water disposal and oil recovery facility in Weld County, Colorado. 910056 2. The Division's Notices, Orders and Penalty Assessments referenced in the above "Recital" were timely appealed to the Air Quality Control Commission (the "Commission" ) and were stayed for enforcement purposes pending a hearing by the Commission set for August 20, 1993, in accordance with the Colorado Air Quality Control Act, § 25-7- 122. 6(4) , and the Colorado Administrative Procedure Act. Among the issues raised in the Northern Colorado Brine hearing request is whether the Weld County Health Department and the Air Pollution Control Division are applying the appropriate odor control standard to the facility. Northern Colorado Brine contends that Regulation No. 2 Section A. 3 . a. &b. (Best Practical Control/127-1 Odor Standard) applies to the facility, not Section A. 2 ( 15 : 1 Odor Standard) . 3 . Northern Colorado Brine withdraws its appeal to the Commission regarding the compliance orders issued by the Division on February 1, 1993 and April 21, 1993 and regarding the Division's denial of permit modification by letter of April 21, 1993, subject to this agreement first being executed by all the parties hereto. 4. Without admitting that any violations of Colorado law or regulations with regard to its facility have occurred, Northern Colorado Brine accepts as final: a) paragraphs 1 and 2 of the "Order" section of the Order for Compliance dated February 1, 1993, and b) paragraphs 1 and 3 of the "Order" section of the Order for Compliance, dated April 21, 1993, both of which order compliance with the 15 : 1 standard of Regulation No. 2, Section A. 2 . Northern Colorado Brine Stipulation Page 2 3'1F fns Based on this stipulation, Northern Colorado Brine shall amend its pending application for permit modification, if necessary, to request a production limitation not to exceed 2,000 barrels per day, the currently-authorized Weld County special use permit production level. The Division will expeditiously and reasonably process such application for a modified permit pursuant to all applicable requirements imposed by statute or regulation including, if necessary, the solicitation of public comment. Any such modified permit shall contain, at a minimum, the following two conditions: a) Northern Colorado Brine shall comply with the 15: 1 odor standard of Regulation No. 2, and b) Northern Colorado Brine shall install and operate the water treatment and odor emission control system identified in paragraph 4(a) and in Appendix A to this Agreement. Northern Colorado Brine agrees that those two conditions shall be final and not subject to administrative or judicial review. From the date of this Agreement until the Division has taken final action with respect to Northern Colorado Brine's application for permit modification, the Division agrees that it shall not enforce the existing permit No. 90WE161, provided that Northern Colorado Brine 's production levels do not exceed 2, 000 barrels per day. If production levels should exceed 2, 000 barrels per day during the period identified in the previous sentence, then Northern Colorado Brine shall pay a stipulated penalty of $1, 500 for each day during which production exceeds 2, 000 barrels. During this period, Northern Colorado Brine shall keep daily production records on- site and shall make those records available to state or county health officials upon request. Nothing contained in this agreement shall preclude Northern Colorado Brine from submitting a permit application, in accordance with Northern Colorado Brine Stipulation Page 3 911095S applicable laws and regulations, for production levels in excess of 2, 000 barrels per day. a. Northern Colorado Brine will order, construct, install and operate the new water treatment and odor emission control system identified in Appendix A. Northern Colorado Brine will provide all details requested by the Division, concerning the water treatment and odor emission control equipment to be installed at the facility. The Compliance Schedule for construction and operation of this system shall be as follows: Final Design Completed: July 1, 1993 Order Placed for Treatment System: July 7, 1993 Commence Construction of Treatment System: July 28, 1993 Complete Construction and Start-Up of Treatment System: October 5 , 1993 System Operational for Final Compliance Inspection: November 1, 1993 This schedule shall be automatically extended to compensate for any delay caused by any entity of Colorado or Weld County government in giving any necessary approvals to install or operate the new water treatment and odor emissions control equipment proposed by Northern Colorado Brine. For purposes of this paragraph, "necessary approvals" shall not include approval of any requested Northern Colorado Brine Stipulation Page 4 9400:-;s increase in production levels through an application for a revised special use permit from Weld County or emissions permit from the Air Pollution Control Division. b. Northern Colorado Brine will pay to the State of Colorado, within 30 days of the execution of this agreement by both parties, $7, 000 as a penalty to settle all violations of Regulation No. 2 .A. 2 . and all violations of Emission Permit No. 90WE161 relating to production limitations, including those alleged by Weld County and/or the Air Pollution Control Division, existing on or before the execution of this stipulation and agreement. Northern Colorado Brine does not admit that the violations occurred, but forgoes its right to contest the alleged violations. c. Northern Colorado Brine will pay $1, 100 per violation, with a maximum of one violation/one penalty per day assessed against it, if the 15 : 1 odor standard of Regulation No. 2, Section A.2. is exceeded after the date of execution of this stipulation and agreement by the parties thereto by Northern Colorado Brine while the compliance schedule set forth in paragraph 4(a) above is in effect, or such extensions as are provided in Paragraph No. 6 below or Paragraph 4(a) above. Violation of the standard shall be documented in accordance with all required protocols of Regulation No. 2 by a certified air quality odor inspector through correct usage of the Barneby- Cheney Scentometer inspection procedure. Scentometer readings shall be made so as to Northern Colorado Brine Slipuladon Page 5 3,� 00._.S 'i rJ preclude reading any source of odorous air pollution in the vicinity which may cause or contribute to incorrect readings of the Northern Colorado Brine facility. Normally, readings will be taken within 1000 feet of the property line of the Northern Colorado Brine facility unless conditions indicate that an odorous plume from the facility is being emitted but cannot be read except at a location farther from the property line. The Division shall make reasonable efforts to give prompt notice to Northern Colorado Brine of each inspection and the readings therefrom, so that Northern Colorado Brine will have the opportunity to have its certified reader perform reasonably contemporaneous readings. The Division shall give Northern Colorado Brine prompt notice in writing of its intent to assess a stipulated penalty based upon a documented violation of Regulation No. 2 .A.2. pursuant to this sub-paragraph (c) . Within fourteen ( 14) calendar days after receiving such notification, Northern Colorado Brine may submit in writing to the Director, Air Pollution Control Division, any data, views or defenses to an alleged violation or any other reasons why a stipulated penalty should not be assessed. The Director shall issue a written decision, based upon a review of such written submissions by Northern Colorado Brine, and upon the Division's response thereto, as to whether or not a stipulated penalty should be assessed and, if appropriate, whether a violation has occurred. The Director's decision shall constitute a final resolution of the matter, not subject to administrative or judicial review. Northern Colorado Brine Stipulation Page 6 9,100 „1) d. Northern Colorado Brine will operate and maintain the existing emission control systems at the facility, in accordance with the regulations of the Commission, pending completion and operation of the new water treatment and emission control system. e. Operation and maintenance of the existing odor emission control systems will occur in a manner which will produce the best available performance for those systems. 5 . After the period of the Compliance Schedule has expired, the "Order" sections of the Orders for Compliance dated February 1, 1993 and April 21, 1993 ordering compliance with the 15: 1 standard of Regulation No. 2 shall continue to operate in full force and effect, enforceable in a court of law pursuant to any applicable authority, including §S 25-7-121 and 25-7-122, C.R.S. In all other respects, upon expiration of the compliance schedule, except for accepting as a final and non-appealable air emission permit condition the 15 : 1 odor standard and the installation of the water treatment and odor emission control system as provided in Paragraph 4, the Colorado Air Quality Control Act and regulations shall govern Northern Colorado Brine's rights and remedies. 6 . Northern Colorado Brine agrees to pay a stipulated penalty of $1, 000 . 00 for each day of production of the facility after the final date specified in Paragraphs 4(a) , above, for which Northern Colorado Brine fails to have the new water treatment and odor emission control system completed and operating. Northern Colorado Brine shall not be required to pay the stipulated penalty if the reason for not completing and operating the new water Northern Colorado Brine Stipulation Page 7 9'100 56 treatment and odor emission control system is due to conditions or circumstances beyond Northern Colorado Brine 's control. Circumstances beyond Northern Colorado Brine's control shall mean causes beyond the control and without fault or negligence of Northern Colorado Brine, which causes directly affect the implementation of the new system, for which Northern Colorado Brine cannot reasonably be held accountable and which could not reasonably have been foreseen at the time of execution of this stipulation. Such circumstances shall not include financial or economic conditions, negligence, or increased costs or expenses associated with completion of the new system. Northern Colorado Brine shall notify the Division in writing of any condition or circumstance beyond its control that causes or is anticipated to cause non-compliance with the Compliance Schedule. Such notification shall be given no later than five business days after Northern Colorado Brine knows or should have known of such condition or circumstance. The notification shall describe in detail the cause of the non-compliance, the measures taken to prevent or minimize the non-compliance, and the timetable by which those measures will be implemented. If Northern Colorado Brine fails to comply with the notice requirements of this paragraph, then it shall not be relieved of its obligation to pay the stipulated penalty set forth in this paragraph. The Division shall not withhold concurrence with a requested extension unless the Division determines the request is unjustified due to Northern Colorado Brine's failure to diligently pursue completion and operation of the new water treatment and order emissions control system by the dates stated in this agreement, or any extension thereof under this agreement. Northern Colorado Brine Stipulation Page 8 91C0 7. The above terms shall: (a) constitute an enforceable stipulation and agreement between and among the parties, (b) not create any rights in any persons not a party to this agreement, (c) be filed with the Air Quality Control Commission for purposes of cancelling the hearing presently scheduled before the Commission on August 20, 1993, (d) constitute a full and complete settlement of all matters involving the Notices, Orders, and Penalty Assessments issued by the Division and/or Weld County regarding Regulation No. 2 and Emission Permit No. 90WE161 and any and all events and occurrences leading thereto, and (e) govern future disputes and proceedings as set forth herein. 8. The parties agree that the venue for the enforcement of this agreement shall be the District Court for Weld County. 9 . This stipulation shall be considered a final order of the Division pursuant to § 25-7-115, C.R. S for purposes of enforcement by the Division under §§25-7-121 and 25-7- 122, C.R. S. Northern Colorado Brine Stipulation Page 9 .3 '3P.. DATED this -,,L) day of July, 1993 . FOR THE AIR POLLUTION FOR NORTHERN COLORADO BRINE CONTROL DIVISION O n _Cl2 seyyvik cr...m. _, Tom D. Getz, Director Mike Cervi, President /� . Northern Colorado Brine 1 // P.O. Box 300397 /. Denver, Colorado 80203-0397 TELE: (303 ) 832-2943 David Ouimette, Program Manager FAX: (303 ) 830-7156 Stationary Source Colorado Department of Health APCD-SS-B1 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 TELE: (303 ) 692-3100 ORDER OF THE AIR QUALITY CONTROL COMMISSION In accordance with the above Stipulation, the appeal of Northern Colorado Brine (by letters dated February 18, 1993 and May 4, 1993) and the request for stay are dismissed with prejudice, and the hearing set for August 20, 1993 is vacated. DATED this day of , 1993 . Chairman Northern Colorado Brine Stipulation Page 10 F�,I-n 3`Yr-�'ll dl3 EL TORO MANAGEMENT SYSTEMS, INC. 134 West Harris Building Office: (915) 653-2648 Suite 1 P.O. Box 1987 San Angelo, Texas 76902-1987 FAX: (915) 655-2645 To eliminate odor at the NCB Disposal System we must do two things: (a) separate the hydrocarbons and solids from the newly disposed water, and kill the odor forming bacteria that is present in this water, and (b) kill the odor forming bacteria that is present in the ponds, and not allow incubation of the bacteria in the ponds. The existing system must be modified by installation of a mechanical separation apparatus (known as a two-stage heater treater) and implementation of a chemical program to be run in conjunction with the mechanical separation. We will explain what these modifications consist of and what part each play in the overall operation of this facility in the following narrative. First, delivery trucks back up to a cement slab and gravity unload the water that is to be disposed. The water flows into a dump pit and is transferred by pump to the old skim pit. At this point the water contains hydrocarbons, solids and bacteria of various kinds. The water is picked up from the skim pit by means of a centrifugal pump, and put into a transfer line. At this point the water enters a pre-heater (the first stage of the heater treater) and the temperature will be raised to 60 degrees Fahrenheit. As the water passes through the pre-heater the hydrocarbons and water begin to separate. APPENDIX A 3400a.AS The fluid leaves the pre-heater and travels into the second stage of the heater treater It which time a water clarifying chemical is injected into the system. At this point the oil completes its separation from the water and the suspended solids fall out of solution and into the bottom of the vessel. An oil water interface is formed in the heater, and as oil accumulates above the interface it floats into an oil bucket, whereupon a triggering device will start a pump to send the oil to a storage area. An interface sensitive switch will activate as the oil-water interface rises, allowing the water (which is free of hydrocarbons and solids) to be pumped into a discharge line on the way to the pond storage areas. It takes 12 to 20 minutes for the heat and chemicals to induce the necessary changes in the fluids to enable separation and complete the solid fall out. The system is designed to allow the fluid to remain 45 minutes in the pre-heater (first stage) and for 60 minutes in the second stage of the heater treater. This allows approximately 500% of the necessary time for complete separation and removal of the hydrocarbons and solids from the water which is to be discharged into the storage ponds. As the fluid leaves the heater-treater, an oxidizing agent is injected into the discharge line and bacteria in the fluids are killed. The oxidizing agent also prevents incubation of bacteria in the water which goes to the ponds. Periodically, a sand jet system inside the heater treater washes the solids to a scrubber tank where they are oxidized with an oxidizing agent, and circulated for 3 hours. This oxidization process transforms solids into purified powder that will be transferred to a tank for storage, future testing, and disposal. 9.10056 All lines will be located underground, and the vessels will be insulated against reezing. During periods when no water is being delivered to the system due to inclement veather, water heated by the treater can be circulated through the system to prevent reezing. If these modifications are implemented and if fluids are monitored closely, the odor from the NCB Disposal System will be eliminated, the quality of the treated water will be that of irrigation water, and solids will be purified to an extent such that above ground, onsite disposal will be possible. Die ;ab WORK SESSION MINUTES: NOVEMBER 9, 1992 / All Commissioners Present Staff: Vicky Sprague Northern Colorado Brine: John Pickle, Lee Morrison, Chuck Cunliffe, Ken Lind, Vern Nelson and Mike Cervi Mike Cervi of Northern Colorado Brine has asked to be allowed to construct a new pond. It would be placed in the area shown on the Use by Special Review plat for a future pond. John Pickle stated that he has no problem with the additional pond, but he is concerned about overall odor problems. There have been two documented odor violations. One of those violations has resulted in an air quality hearing being scheduled. Operation Standard 7J of the original permit requires that the company aerate and have an odor abatement plan in place. Representatives admit aerators have not been functioning properly. In the last several days, they have replaced PVC pipes with copper units in an effort to improve aeration. They also feel that the odor is worse during autumn months due to natural turnover of the ponds. Enzymes have been added to neutralize the ponds. They are hoping that by taking advantage of new technology odors will be reduced. More wastes are being generated due to increased drilling activity, and the ponds are over filled. Consequently, adding an additional pond is also seen as a means to reduce odor. Vern Nelson, a consulting engineer, was recently engaged to work on the problem. Mr. Nelson will try to determine bacterial activity by researching Health Department files for water analysis of the ponds. Lee Morrison stated that the company needs to formulate a plan for the Health Department to review prior to the hearing. Ken Lind said the odor abatement plan will be completed by Monday, November 16. The board agreed to issue building permits for the construction of a new pond; however, Mr. Cervi will proceed at his own risk pending the outcome of the air quality hearing. Maintenance of Weld County Road 7: Drew Scheltinga, George Goodell, John Ware (C & M Concrete Companies) , Bill Kobobel (Idaho Creek Resource) , Jerry Meier and John Filippone (Western Paving Construction Company) The above listed companies are responsible for the maintenance of Weld of County Road 7 in the Rinn area. The board has recently received complaints that the road is not being properly maintained. Jerry Meier reported that repairs were completed during the last three days. He explained that Western Paving completes the repairs as needed and then bills the other two companies for their share of the work. The board will continue the present maintenance arrangement but reminded the companies that repairs must be done in a more timely fashion. The board also requested that the road be overlaid rather than just patched. The companies involved will evaluate the road next spring and at that time give the board a date for the overlay to be completed. Complaints have also been received concerning a bridge on this stretch of road. Drew Scheltinga said those repairs will be done by county crews. Another problem is the speed of trucks using the road. Connie Harbert suggested that the companies notify their haulers that the county is concerned and that if they don't correct the problem, the county will have to. Ejch� 19;t 1{ 94C056 .. _ ' Zt :6 : ( : 5 N0 . 015 P . 02 DRAFT BEVISED 6-22-93 NORTHERN COLORADO BRINE v. AIR POLLUTION CONTROL DIVISION STIPULATION AND AGREEMENT (Showing changes in BOLD from prior draft) The following Stipulation and Agreement ( "Agreement" ) is made with regard to the Notices of Violation, compliance orders and civil penalty assessments issued by the Air Pollution Control Division to Northern Colorado Brine on April 21, 1993 by Certified Letter No. P 860 424 449 and Certified Letter No. P 860 424 448, which were appealed by Northern Colorado Brine on May 4, 1993, and February 18, 1993 to the Colorado Air Quality Control Commission for hearing set for August 20, 1993 and all other notices of violation, penalty assessments or compliance orders pending as of the date of execution of this stipulation and agreement. The Division and Northern Colorado Brine stipulate and agree as follows: 1. The Notices, Orders and Penalty Assessments issued by the Division contained in the above-identified Certified Letters superseded any previous notices and orders issued by the Division and/or the .Weld County Health Department with regard to odor violations at the Northern Colorado Brine oil and gas brine water disposal and oil recovery facility in weld County, Colorado. 2. The Division's Notices, Orders and Penalty Assessments were timely appealed to the Air Quality Control Commission (the "Commission" ) and were stayed for enforcement purposes pending a hearing by the Commission EXHIBIT IV Al 61 q3 - a2 940056 set for August 20, 1993, in accordance with the Colorado Air Quality Control Act and the Colorado Administrative Procedure Act. Among the issues raised in the Northern Colorado Brine hearing request is whether the Weld County Health Department and the Air Pollution Control Division are applying the appropriate odor control standard to the facility. Northern Colorado Brine contends that Regulation No. 2 Section (A) (3 ) (Best Practical Control/ 127-1 Odor Standard) applies to the facility, not Section 2(A) (2) ( 15-1 Odor Standard) . 3. Northern Colorado Brine withdraws its appeal to the Commission regarding the order for compliance with the 15 : 1 standard of Regulation No. 2(A) (2) subject to this agreement first being executed by all the parties hereto. The stay of enforcement pending review by the Air Quality Commission shall expire upon the Commission's action in vacating the hearing by signature of the chairman on the last page of this agreement. Pursuant to S 25-7- 114 . 5(7) (a) (I) , the Division agrees that it will not unreasonably withhold approval of the pending application of Northern Colorado Brine for a modified permit, including the request to allow a production level up to 300,000 barrels per month, provided that, at a minimum, a) Northern Colorado Brine demonstrates to the Division's satisfaction that approval of any such request would not cause Northern Colorado Brine's odor emissions to exceed the 15:1 standard of regulation No. 2; and b) Northern Colorado Brine supplements its emission permit modification application with information concerning the odor control system described in this agreement. 4 . Without admitting that any violations of Colorado law or regulations with regard to its facility have occurred, Northern Colorado Aline Stipulation Page 2 940036 Northern Colorado Brine accepts as final: a) paragraphs 1 and 2 of the "Order" section of the Order for Compliance dated February 1, 1993, and b) paragraphs 1 and 3 of the "Order" section of the Order for Compliance, dated April 21, 1993, both of which order compliance with the 15: 1 standard of Regulation No. 2, S A. 2 . Without admitting that any violation of Colorado law or regulations with regard to its facility have occurred, Northern Colorado Brine accepts as final paragraph 2 of the "Order" section of the Order for Compliance, dated April 21, 1993, which orders compliance with the production limitation of 10,000 barrels per month as required by Emission Permit 90WE161. Notwithstanding the preceding sentence, the Division agrees not to enforce • the production through-put limitation of Emissions Permit No. 901,13161 while the Compliance Schedule contained in paragraph 4 (b) of this agreement is in effect and while the Division is reviewing the permit modification pursuant to paragraph 3 above, provided that production does not exceed 2,000 barrels maximum per day until the permit modification approved, which is the previously- authorized Weld County special use permit production level. a. Northern Colorado Brine will order, construct, install and operate the new water treatment and odor emission control system identified in Appendix A. Northern Colorado Brine will provide all details requested by the Air Pollution Division, concerning the water treatment and odor emission control equipment to be installed at the facility. The Compliance Schedule for construction and Nonhern Colorado Brine Stipulation Papa 3 940056 operation of this system shall be as follows: Final Design Completed Agg' '4 °9 g Order Placed for Treatment System a Commence Construction of � � £ Treatment System ouggaimo Complete Construction and Start-Up of Treatment System s rs yy.a. Final Compliance Inspection goiwomm This schedule shall be automatically extended to compensate for any delay caused by any entity of Colorado or Weld County government in giving any necessary approvals to install or operate the new water treatment and odor emissions control equipment proposed by Northern Colorado Brine. b. Northern Colorado Brine will pay to the State of Colorado, within 30 days of the execution of this agreement by both parties, $8,500 as a penalty to settle all alleged violations of Regulation No. 2.A.2. and Emission Permit No. 90WE161 brought by the Weld County Health Department and/or the Division or pending on or before the execution of this stipulation and agreement. Northern Colorado Brine does not admit that the violations occurred, but forgoes its right to contest the alleged violations. c. Northern Colorado Brine will pay $1, 500 per violation, with a maximum of one violation/one penalty per day assessed against it, if the 15:1 odor standard of Regulation No. 2, S A. 2 . is exceeded by Northern Colorado Brine while the Northern Colorado Hnno Stipulation Paget 940056 ' 3 0 No . O_5 D . 5 compliance schedule set forth in paragraph 4(b). above is in effect, or such extensions as are provided in Paragraph No. 6 below. Violation of the standard shall be documented by a certified air quality odor inspector, through correct usage of the Barneby-Cheney Scentometer inspection procedure, outside the property line of the Northern Colorado Brine facility. The Division • shall make reasonable efforts to give prompt notice to Northern Colorado Brine following each inspection, and the readings therefrom, so that Northern Colorado Brine will have the opportunity to have its certified reader perform reasonably contemporaneous readings. For the purpose of the stipulated penalty contained in this paragraph (d) , throughout the period during which the Compliance Schedule is in effect, Northern Colorado Brine shall accept as final all violations and penalties properly assessed under the terms of this agreement against it by the Division unless there are reasonable grounds to appeal an inspection reading to the Colorado Air Quality Control Commission. d. Northern Colorado Brine will operate and maintain the existing emission control systems at the facility, except for periods of temporary malfunction or upset in accordance with the regulations of the Commission, pending completion and operation of the new water treatment and emission control system. e. operation and maintenance of the existing odor emission control systems will occur in a manner which will produce the best available performance Northern Colorado Brine Sdpulafion Page 5 9400% . oD 2 ' ?3 11 . 05 wo . 0i5 P . 07 for those systems. 5. After the period of the Compliance Schedule has expired, the "Order" sections of the Orders for Compliance dated February 1, 1993 and April 21, 1993 shall continue to operate in full force and effect, enforceable in a court of law pursuant to any applicable authority, including SS 25-7-121 and 25-7-122, C.R.S. If the Division issues a revised emissions permit to Northern Colorado Brine allowing production in excess of 10,000 barrels/month under paragraph 3 of this agreement, then Northern Colorado Brine may produce in accordance with such revised permit, notwithstanding paragraph 2, page 4, of the Order for Compliance dated April 21, 1993. 6 . Northern Colorado Brine agrees to pay a stipulated penalty of $500.00 for each day of production of the facility after the final date specified in Paragraphs 4 (b) , above, for which Northern Colorado Brine fails to have the new water treatment and odor emission control system completed and operating. Northern Colorado Brine shall not be required to pay the stipulated penalty if the reason for not completing and operating the new water treatment and odor emission control system is due to conditions or circumstances beyond Northern Colorado Brine's control. Circumstances beyond Northern Colorado Brine's control shall mean causes beyond the control and without fault or negligence of Northern Colorado Brine, which causes directly affect the implementation of the new system, for which Northern Colorado Brine cannot reasonably be held accountable and which could not reasonably have been foreseen at the time of execution of this stipulation. Such circumstances shall not include financial or economic conditions, negligence, or Northern Colorado Brine Stipulation Page 6 940056 No . 016 P increased costs or expenses associated with completion of the new system. Northern Colorado Brine shall notify the Division in writing of any condition or circumstance beyond its control that causes or is anticipated to cause non-compliance with the Compliance Schedule. Such notification shall be given no later than five business days after Northern Colorado Brine knows or should have known of such condition or circumstance. The notification shall describe in detail the cause of the non-compliance, the measures taken to prevent or minimise the non-compliance, and the timetable by which those measures will be implemented. If Northern Colorado Brine fails to comply with the notice requirements of this paragraph, then it shall not be relieved of its obligation to pay the stipulated penalty set forth in this paragraph. The Division shall not withhold concurrence with a requested extension unless the Division determines the request is unjustified due to Northern Colorado Brine's failure to diligently pursue completion and operation of the new water treatment and order emissions control system by the dates stated in this agreement, or any extension thereof under this agreement. 7. The above terms shall constitute an enforceable stipulation and agreement between and among the parties, shall be filed with the Air Quality Control Commission for purposes of cancelling the hearing presently scheduled before the Commission on August 20, 1993, shall constitute a full and complete settlement of all matters involving the Notices, Orders, and Penalty Assessments issued by the Division and Weld County regarding Regulation No. 2 and Emission Permit No. 90WE161, and any and all events and occurrences leading thereto, and shall Northern Colorado Brine Stipuleuon Pegs 7 940056 �� _ __ _ _ v0 �V0 . Ji0 f� . -: govern future disputes and proceedings as set forth herein. 8 . The parties agree that the venue for the enforcement of this agreement shall be the District Court for weld County. no afr±404,1 9. This agreement is conditioned upon approval by the Air Division and any necessary or required approval of the Weld County Commissioners and the Waste Management Division of the Colorado Department of Health with regard to installation and operation of the new water treatment and odor emission control equipment and shall become effective upon its execution by the said parties. 10 . This stipulation shall be considered a final order of the Division pursuant to 5 25-7-115, C. R.S. DATED this day of May, 1993 . FOR THE AIR QUALITY FOR NORTHERN COLORADO BRINE CONTROL DIVISION Director, Air Pollution President Control Division Northern Colorado Brine Assistant Attorney General Gregory J. Hobbs, #0009 Natural Resources Section Hobbs, Trout & Raley, P.C. State of Colorado 1775 Sherman Street, Suite 1300 Denver, Colorado 80203 TELE: (303 ) 861-1963, Ext. 120 FAX : (303) 832-4465 Northern Colorado Brine Stipulation Page 8 940056 Cl/q3 } EL TORO MANAGEMENT SYSTEMS, INC. 134 West Harris Building Office: (915) 653-2648 Suite 1 P.O. Box 1987 San Angelo, Texas 76902-1987 FAX: (915) 655-2645 To eliminate odor at the NCB Disposal System we must do two things: (a) separate the hydrocarbons and solids from the newly disposed water, and kill the odor forming bacteria that is present in this water, and (b) kill the odor forming-bacteria that is present in the ponds, and not allow incubation of the bacteria in the ponds. The existing system must be modified by installation of a mechanical separation apparatus (known as a two-stage heater treater) and implementation of a chemical program to be run in conjunction with the mechanical separation. 'We will explain what these modifications consist of and what part each play in the overall operation of this facility in the following narrative. First, delivery trucks back up to a cement slab and gravity unload the water that is to be disposed. The water flows into a dump pit and is transferred by pump to the old skim pit. At this point the water contains hydrocarbons, solids and bacteria of various kinds. The water is picked up from the skim pit by means of a centrifugal pump, and put into a transfer line. At this point the water enters a pre-heater (the first stage of the heater treater) and the temperature will be raised to 60 degrees Fahrenheit. As the water passes through the pre-heater the hydrocarbons and water begin to separate. 940056 The fluid leaves the pre-heater and travels into the second stage of the heater treater at which time a water clarifying chemical is injected into the system. At this point the oil completes its separation from the water and the suspended solids fall out of solution and into the bottom of the vessel. An oil water interface is formed in the heater, and as oil accumulates above the interface it floats into an oil bucket, whereupon a triggering device will start a pump to send the oil to a storage area. An interface sensitive switch will activate as the oil-water interface rises, allowing the water (which is free of hydrocarbons and solids) to be pumped into a discharge line on the way to the pond storage areas. It takes 12 to 20 minutes for the heat and chemicals to induce the necessary changes in the fluids to enable separation and complete the solid fall out. The system is designed to allow the fluid to remain 45 minutes in the pre-heater (first stage) and for 60 minutes in the second stage of the heater treater. This allows approximately 500% of the necessary time for complete separation and removal of the hydrocarbons and solids from the water which is to be discharged into the storage ponds. As the fluid leaves the heater-treater, an oxidizing agent is injected into the discharge line and bacteria in the fluids are killed. The oxidizing agent also prevents incubation of bacteria in the water which goes to the ponds. Periodically, a sand jet system inside the heater treater washes the solids to a scrubber tank where they are oxidized with an oxidizing agent, and circulated for 3 hours. This oxidization process transforms solids into purified powder that will be transferred to a tank for storage, future testing, and disposal. 940056 • All lines will be located underground, and the vessels will be insulated against freezing. During periods when no water is being delivered to the system due to inclement weather, water heated by the treater can be circulated through the system to prevent freezing. If these modifications are implemented and if fluids are monitored closely, the odor from the NCB Disposal System will be eliminated, the quality of the treated water will be that of irrigation water, and solids will be purified to an extent such that above ground, onsite disposal will be possible. 940056 JOHN W. VOLK, M.D. 118 West Charlotte,P.O.Box 520,Johnstown,Colorado 80534 303/5874974 June 21, 1993 Connie Harbert, Chair Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 Re: Northern Colorado Brine , Dear Ms. Harbert: Several of my patients have expressed concern to me over Northern Colorado Brine. I have reviewed documents including memoranda from John Pickle to Dr. Randy Gordon, the Show Cause statement dated May 19, 1993 and an inspection report dated May 18, 1993. After reviewing this information, I must say that I share my patients' concerns over the ongoing operation of the facility. It appears that the facility is not operating within the applicable regulations and also appears to be exceeding the limits of its original purpose and capacity concerning waste disposal. My patients who live downwind of the facility report symptoms of nausea as well as respiratory and sinus congestion. This of course does not include the, as yet undetected but possible serious long term consequences of living in proximity to such a facility. As the Oil Industry, itself, is looking into much more environmentally sound methods of disposal as evidenced in the memo from John Pickle to Dr. Gordon, it seems to me that the surface disposal facilities represent at least a public nuisance and at worst a health threat to my patients. I urge you to seriously review the data at the upcoming hearing on June 23. I hope that you and the Board will act with the interest of my patients and the rest of the residents of Weld County in mind. Sincerely yours, ( cJ_ O c.L.% John W. Volk, M.D. Ex h b f MMi� (c : �'C/ ��/ Doc 94045ti Town of Johnstown BOARD MEETS FIRST MONDAY IN MONTH . . P.O.BOX 306 JOHNSTOWN, COLO.80534 - , June 14, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 60631 Re: Northern Colorado Brine Dear Commissioners; The Board of Trustees of the Town of Johnstown are requesting that you take severe action against Northern Colorado Brine. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. The potential hazards from the Brine faculity that the Board of Trustees feel that will affect themselves and the community are fire, explosions, truck traffic and ground water contamination. The major hazard and of great concern which can affect our health is the complex hydrocarbon gasses in the air. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sii rely, Dave Bejarano Board of Trustees DB/ds 4,1 il Town of Johnstown BOARD MEETS FIRST MONDAY IN MONTH - ••• �• P.O.BOX 306 JOHNSTOWN,COLO.80534 June 14, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; The Board of Trustees of the Town of Johnstown are requesting that you take severe action against Northern Colorado Brine. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. The potential hazards from the Brine faculity that the Board of Trustees feel that will affect themselves and the community are fire, explosions, truck traffic and ground water contamination. The major hazard and of great concern which can affect our health is the complex hydrocarbon gasses in the air . This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, Leonard Bott Board of Trustees LB/ds " x /;rhi ,r �' ` '� / _ 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, (-4eOtn^ ±-:-/i); b; f JYJ 940056 Weld County Commissioners • 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, )J-7 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, (;:?", X111/77-- 177 94005s Weld County Commissioners 915 lath Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerel , 1 TJ/ 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, l LT 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, / ITS 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; • As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, . J 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, CCC 7)_) 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 • Re: Northern Colorado Brine Dear Commissioners; • As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, JJ�/ 940056 Weld County Commissioners ^� 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, 6 XA T� 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, 1120-- ?1,}2,4_ 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, r am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, .17 T 940058 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, 2 1J 940056 Weld County Commissioners ?_ 915 10th Street Greeley, Colorado 80631 - Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I ant requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, frt., aec,r_jci%TJ 940956 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, /0 a1 .5,2 Gc/K'i`2 6;7 /• 117 940056 Weld County Commissioners , . 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, A cl1) 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future . This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, eJ ao245 (Ai -6 1/ - " f )21 940056 4 1. Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re : Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past; cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated.area. �. I Please take proper action to close down this unsafe and unnecessary brine pit facility. I;! Sincer • • • k'S it 1/_/ 940055 weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated .area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, (.tt _e C3 - Co cF �J�J 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future . This disposal site is not needed by the oil and gas industry and should never have been built north of a populated_.area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely,a3OnU �Q � V .a )11- 94005g Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, //7 11) 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past; cannot allow us to trust them in the future . This disposal site is not needed by the oil and gas industry and should never have been built north of a populated,area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, l3?-(7 v v� ' ,v z3%Y 4 b T 940056 . . Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated_area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, COG C The4 z,;ice- C` c:C 26( (116 kO6 � 8 940056 ii) • weld County Commissioners "? 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Couuuissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past; cannot allow us to trust them in the future. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated.area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, j1 11 if 9400as r, cn Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record r that they have shown us in the past; cannot allow us to trust them in the future . This disposal site is not needed by the oil and P gas industry and should never have been built north of a populated_area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, \Z9,9A) �3 VUlm�G Le)C6 U�� ' N%Q.. 1�J 940056 • weld County Commissioners 915 10th Street Greeley, Colorado 80631 ;I Re: Northern Colorado Brine Dear Commissioners; As a concerned citizen, I am requesting that you take severe action against NCB. The false promises and bad track record that they have shown us in the past; cannot allow us to trust them in the future . This disposal site is not needed by the oil and gas industry and should never have been built north of a populated_a-rea. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, -,77f / // i ' I Vi _ I [` . J11 940056 10947 WCR 52 Milliken, Colorado 80543 June 12, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Dear Weld County Commissioners: We are writing this letter to urge you to close down the North Colorado Brine Company located one mile north of our property. It seems apparent that this business is only interested in making money with absolutely no concern for its neighbors. There has been numerous violations of odor pollution, and taking many times the amount of liquid allowed and from sources other than oil field drilling. We feel that this is exactly the reason we have places such as Lowry Landfill, Rocky Flats, Rocky Mountain Arsenal. These types of industries have no regard for environment or safety of those people around them. It's clear this company will never be in compliance just by their track record. Once again, we urge you to shut this place down. Thank you. Sincerely, L Ron Haas Karen Haas Exh/h/ 71 f! Cr : /L , ///-/ /_5 (.6` 940056 Town of Johnstown BOARD MEETS FIRST MONDAY IN MONTH P.O.BOX 306 JOHNSTOWN,COLO.80534 June 14, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; The Board of Trustees of the Town of Johnstown are requesting that you take severe action against Northern Colorado Brine. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. The potential hazards from the Brine faculity that the Board of Trustees feel that will affect themselves and the community are fire, explosions, truck traffic and ground water contamination. The major hazard and of great concern which can affect our health is the complex hydrocarbon gasses in the air . This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, Beth Whitmore Board of Trustees BW/ds s C.I /./f�H 940016 CC /2 /7/.4 , /jl`CC Town of Johnstown BOARD MEETS FIRST MONDAY IN MONTH P.O.BOX 306 JOHNSTOWN, COLO.80534 June 14, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; The Board of Trustees of the Town of Johnstown are requesting that you take severe action against Northern Colorado Brine. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. The potential hazards from the Brine faculity that the Board of Trustees feel that will affect themselves and the community are fire, explosions, truck traffic and ground water contamination . The major hazard and of greatt -concern which can affect our health is the complex hydrocarbon gasses in the air . This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, /14',./P7' Mike En rav Board of Trustees ME/ds ¶4 9410056 Town of Johnstown . „ - BOARD MEETS FIRST MONDAY IN MONTH P.O.BOX 306 I JOHNSTOWN, COLO.80534 June 14, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; The Board of Trustees of the Town of Johnstown are requesting that you take severe action against Northern Colorado Brine. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. The potential hazards from the Brine faculity that the Board of Trustees feel that will affect themselves and the community are fire, explosions, truck traffic and ground water contamination . The major hazard and of great concern which can affect our health is the complex hydrocarbon gasses in the air. This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, Debra Arndt Board of Trustees DA/ds 441 �xhi�aif FF, 940055 Town of Johnstown BOARD MEETS FIRST MONDAY IN MONTH P.O.BOX 308 JOHNSTOWN, COLO.80534 June 14, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; The Board of Trustees of the Town of Johnstown are requesting that you take severe action against Northern Colorado Brine. The false promises and bad track record that they have shown us in the past, cannot allow us to trust them in the future. The potential hazards from the Brine faculity that the Board of Trustees feel that will affect themselves and the community are fire, explosions, truck traffic and ground water contamination . The major hazard and of great concern which can affect our health is the complex hydrocarbon gasses in the air . This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely,r Ra Wadas Mayor RW/ds ,xhik)it- L=1 ,C �t �, /'� , /./ 9-1n Fa Town of Johnstown BOARD MEETS FIRST MONDAY IN MONTH - , _ P.O. BOX 306 JOHNSTOWN,COLO.80534 June 14, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; The Board of Trustees of the Town of Johnstown are requesting that you take severe action against Northern Colorado Brine. The false promises and -bad track record that they have shown us in the past, cannot allow us to trust them in the future. The potential hazards from the Brine faculity that the Board of Trustees feel that will affect themselves and the community are fire, explosions, truck traffic and ground water contamination . The major hazard and of great concern which can affect our health is the complex hydrocarbon gasses in the air . This disposal site is not needed by the oil and gas industry and should never have been built north of a populated area. Please take proper action to close down this unsafe and unnecessary brine pit facility. Sincerely, d'44 Chet Hays Board of Trustees CH/d s ‘111, r ! ) ♦ .l r, D R AL' a • „REVISED 6:--93793 93 • r,� F ORTHER;4 COLO"'ADO BRINE - v. AIR POLLUTION CONTROL DIVISION STIPULATION AND A.G".tEEMENT (Showing changes in BOLD from prior draft) The following Stipulation and Agreement ( "Agreement" ) is made with regard to the Notices of Violation, compliance orders and civil penalty assessments issued by the Air Pollution Control Division to Northern Colorado Brine on April 21, 1993 by Certified Letter No. P 860 424 449 and Certified Letter No. P 860 424 448 , which were appealed by Northern Colorado Brine on May 4, 1993 / and February 18, 1993 to the Colorado Air Quality Control Commission for hearing set for August 20, 1993 . The Division and Northern Colorado Brine stipulate and agree as follows: 1 . The Notices, Orders and Penalty Assessments issued by the Division contained in the above-identified Certified Letters superseded any previous notices and orders issued by the Division and/or the Weld County Health Department with regard to odor violations at the Northern Colorado Brine oil and gas brine water disposal and oil recovery facility in Weld County, Colorado. 2 . The Division's Notices, Orders and Penalty Assessments were timely appealed to the Air Quality Control Commission (the "Commission" ) and were stayed for enforcement .i:urposes pending a hearing by the Commission set for August 20, 1993, in accordance with the Colorado Air Quality Control Act and the Colorado Administrative Bch r BBB 94O0s }] �' �'k�,. 1 f L,��L�, ; (5) Procedure Act. Among the issues raised in the Northern Colorado Brine hearing request is whether the Weld County Health Department and the Air Pollution Control Division are applying the appropriate odor control standard to the facility. Northern Colorado Brine contends that Regulation No. 2 Section (A) (3) (Best Practical Control and 127-1 Odor Standard) applies to the facility, not Section 2(A) (2) (15-1 Odor Standard) . 3 . Northern Colorado Brine withdraws its appeal to the Commission regarding the order for compliance with the standard of Regulation No. 2 (A) (2 ) ( 15-1) subject to this agreement first being executed by all the parties hereto. The stay of enforcement pending review by the Air Quality Commission shall expire upon the Commission's action in vacating the hearing by sigaature of the chairman on the last page of this agreement. The Division agrees not to enforce the production threut,;h--put limitation of 10,000 barrels per month in Emissions Permit No. 9OWE161 while the compliance schedule contaieed in this agreement is in effect, but production shall not exceed 2,000 barrels maximum per day until the 300,000 barrels per month production level becomes effective under this agreement. The Division also agrees to issue an emissions permit for the Northern Colorado Brine facility with a production through-put of 300,000 barrels per month to be effective on the date the new water treatment and odor emission control system is installed and operable and demonstrates compliance with Regulation No. 2 (A) (2) ( 15-1) , at the point where the treated water is released into the ponds and contingent on Northern Colorado Brine supplementing its emissions permit modification application with information concerning the proposed odor control system. Northern Colorado Brine Stipulation Page 2 668940956 4. Without admitting that any violations of Colorado law or regulations with regard to its facility and subject to the terms of this agreement, Northern Colorado Brine accepts as final that part of the Order of Compliance of April 21, 1993, which orders compliance with Regul;ition No. 2(A) (2) ( 15-1) , subject to the following terms and conditions: a. The Division will revise initial emissions Permit No. 90WE161 to allow production of brine water not to exceed 300, 000 barrels per rnonLh to be effective at the time the new water treatment and odor emissions control system is installed and oper-,ble to show compliance with the 15-1 odor standard at the point the treated water is released into the ponds. In the interim, until the 300,000 barrel pc-r month productir n level becomes effective under this agreement, through-put shall be allowed at a maximum of 2,000 barrels per day, which is the previously-authorized Weld County Special Use Permit production level. b. Northern Colorado Brine will order, construct, install and operate the new water treatment and odor emission control system identified in Appendix A. Northern Colorado Brine will provide all details requested by the Air Pollution Division, the Solid Waste Management Division, and the Weld County Commissioners concerning the water treatment and odor emission control equipment to he installed at the facility. The schedule for construction and operation of this system is as follows: Northun Colorado Brine Stipulation Page 3 940956 3 Final Design Completed June 10, .;1993 Order Placed for Treatment System June 12, 1993 Commence Construction of Treatment System June 21, 1993 Complete Construction and Start-Up . .. . . . ....... .. . .. .... ......... of Treatment System August 2$, 1993; Final Compliance Inspection September 11 1993 c. Northern Colorado Brine will pay to the State of Colorado, within 30 days of the execution of this •agreement by all patties, $5,500.00 as a penalty to Lettie all alleged past violations of Regulation No. 2 (A) (2) ( 15-1) and Emission Permit No. 90WE161 brought by the Weld County Health Department and/or the Division. Northern Colorado Brine does not admit that the violations occurred, but forgoes its right to contest the alleged violations. d. Northern Colorado Brine will pay $750.00 per violation, with a maximum of one violation/one penalty per day assessed against it, if the odor standard of Regulation No. 2(A) (2 ) ( 15-1 ) is exceeded due to Northern Colorado Brine operations while the compliance plan set forth in 4(b) above is in effect, or such extensions as are provided in Paragraphs No. 5 and 6 below. Exceedence of the standard must be documented by a certified air quality odor inspector, through correct usage of the Barneby-Cheney Scentcieter inspection procedure, outside the property line of the Northern Colorado Brine facility. Northern Colorado Brine will be given prompt notice of each inspection, and the readings therefrom, so that Northern Colorado Brine will have the opportunity Northern Colorado Brine Stipulation Page 4 940056 contemporaneous readings. When the Division or its agent intends to make an inspection, Northern Colorado Brine's certified reader will be called sufficiently in advance to allow the readings to be taken contemporaneously. Between the time such advance notice is given and the time the inspection occurs, Northern Colorado Brine shall not take any steps to change the operation. e. Northern Colorado Brine will operate and maintain the existing emission control systems at the facility, except for periods of te. Lporary malfunction or upset in accordance with the regulations of the Commission, pending completion and operation of the new -water treatment and emission control system. f. Operation and maintenance of the existing odor emission control systems will occur in a manner which will produce the best available performance for those systems. g. The Solid Waste Management Division of the Colorado Department of Health and the Collmr►issi_oners of Weld County shall enter into this agreement and, by doing so, agree to become parties to, and thereby approve of, this agreement, including the 300, 000- barrel--per--month production through-put level and the facility modifications necessary to implement this agreement . 5 . Paragraphs 1 and 3 , Page 4, of the "Order" contained in the Compliance Order dated April 21, 1993 , as referenced in Paragraph 4 above, will continue to operate in full Northern Colorado Brine Stipulation Page 5 force and effect, enforceable in a court of law pursuant to Sections 25-7-121 and 25-7-122, C.R.S. , after the final date specified in Paragraph No. 4(b) above. All other provisions of the notices, orders and penalty assessments regarding Regulation No. 2 and the air emissions permit for the facility issued by Weld County and the Air Quality Control Division shall be null and void. 6. Northern Colorado Brine agrees to pay a stipulated penalty of $500.00 for each day of production of the facility after the final date specified in Paragraphs 4(b) and 5, above, for which Northern Colorado Brine fails to have the new water treatment and odor emission control system completed and operating. Northern Colorado Brne shall not be required to pay the stipulated penalty if the reason for not completing and operating the new water treatment and odor emission control system is due to conditions or circumstances beyond Northern Colorado Brine 's control. Circumstances beyond Northern Colorado Brine's control include Acts of God, Acts of War, strikes, any period of time between the execution of this Stipulation and Agreement and issuance of a revised emissions permit and Solid Waste Management Division and Weld County Commission approval of this agreement, and any other cause of delay affecting the delivery of materials, or equipment, or the schedule for installation of the new odor emission control system, for which Northern Colorado Brine cannot reasonably have been foreseen in setting the original schedule. Northern Colorado Brine shall notify ;Ile Division, as soon as such conditions or circumstances become known to it, that the schedule for completing and operating the new water treatment and odor emission control system must be Northern Colorado Dine Stipulation Page 6 extended. The Division shall not withhold concurrence with a requested extension, unless the request is unjustified due to Northern Colorado Brine's failure to diligently pursue completion and operation of the new water treatment and odor emission control system by the dates stated in Paragraph 4(b) above or any extension thereof under this agreement. 7 . Disputes regarding compliance by the Division or Northern Colorado Brine arising in the implementation of this agreement, including the schedule of completion and operation of the new water treatment and odor emission control system, as set forth in Paragraph 6 above, shall be heard and determined by the Commission until such time as the new water treatment and odor emission control system is installed and is operating, including such period of time for performance testing, calibration, and demonstration as described in Paragraph 5 above. 8 . The above terms shall constitute an enforceable stipulation and agreement between and among the parties, shall be filed with the Air Quality Control Commission for purposes of cancelling the hearing presently scheduled before the Commission on August 20, 1993, shall constitute a full and complete settlement of all matters involving the Notices, Orders, and Penalty Assessments issued by the Division and Weld County regarding Regulation No. 2 and Emission Permit No. 90WE161, and any and all events and occurrences leading thereto, and shall govern future disputes and proceedings as set forth herein. 9 . The parties agree that the revised emissions permit will become "final" rather than an "initial" or "construction" Not them Colorado Brine Stipuia'ion Page 7 68E 940056 7 permit in accordance with applicable law and regulations upon inspection by the Air Quality Control Division when the new water treatment and odor emissions control system is fully operable and the facility is operating at its revised through-put capability of 300, 000 barrels per month. 10. The parties agree that the venue for the enforcement of this agreement shall be the District Court for Weld County. 11 . This agreement is conditioned upon approval by the Air Division, the Weld County Commissioners and the Waste Management Division of the Colorado Department of Health and shall become effective upon its execution by the said parties. DATED this day of May, 1993. FOR THE AIR QUALITY FOR NORTHERN COLORADO BRINE CONTROL DIVISION Director, Air Pollution President Control Division Northern Colorado Brine Assistant Attorney General Gregory J. Hobbs, #0009 Natural Resources Section Hobbs, Trout & Raley, P.C. State of Colorado 1775 Sherman Street, Suite 1300 Denver, Colorado 80203 TELE : (303) 361-1963, Ext. 120 FAX : (303 ) 832-4465 Northern Colorado Brine Stipulation Page 8 666 940056 8 FOR THE WASTE MANAGEMENT FOR THE WELD DIV.ISIO1 COLORADO COUNTY COMMISSIONERS DEPARTMENT OF HEALTH Director, Waste ManagementDivision ORDER OF THE AIR QUALITY CONTROL COMMISSION In accordance with the above Stipulation, the hearing set for August 20, 1993, is vacated. DATED this day of —_---�___, 1993 . Chairman Northern Coluradn Brine Stipulation Page 9 888 940058 9 �k. EL TORO MANAGEMENT SYSTEMS, INC. r" 134 West Harris Building ' ' �' Office: (915) 653-2648 Suite 1 P.O. Box 1987 San Angelo, Texas 76902-1987 FAX: (915) 655-2645 To eliminate odor at the NCB Disposal System we must do two things: (a) separate the hydrocarbons and solids from the newly disposed water, and kill the odor forming bacteria that is present in this water, and (b) kill the odor forming bacteria that is present in the ponds, and not allow incubation of the bacteria in the ponds. The existing system must be modified by installation of a mechanical separation apparatus (known as a two-stage heater treater) and implementation of a chemical program to be run in conjunction with the mechanical separation. We will explain what these modifications consist of and what part each play in the overall operation of this facility in the following narrative. First, delivery trucks back up to a cement slab and gravity unload the water that is to be disposed. The water flows into a dump pit and is transferred by pump to the old skim pit. At this point the water contains hydrocarbons, solids and bacteria of various kinds. The water is picked up from the skim pit by means of a centrifugal primp, and put into a transfer line. At this point the water e,,ters a pre-heater (the first stage of the heater treater) and the temperature will be raised to 60 degrees Fahrenheit. As the water passes through the pre-heater the hydrocarbons and water begin to separate. 940056 Ex h,L f- A A A- 1+1_, Pt.; BCL 5"1 The fluid leaves the pre-heater and travels into the second stage of the heater treater at which time a water clarifying chemical is injected into the system. At this point the oil completes its separation from the water and the suspended solids fall out of solution and into the bottom of the vessel. An oil water interface is formed in the heater, and as oil accumulates above the interface it floats into an oil bucket, whereupon a triggering device will start a pump to send the oil to a storage area. An interface sensitive switch will activate as the oil-water interface rises, allowing the water (which is free of hydrocarbons and solids) to be pumped into a discharge line on the way to the pond storage areas. It takes 12 to 20 minutes for the heat and chemicals to induce the necessary changes in the fluids to enable separation and complete the solid fall out. The system is designed to allow the fluid to remain 45 minutes in the pre-heater (first stage) and for 60 minutes in the second stage of the heater treater. This allows approximately 500% of the necessary time for complete separation and removal of the hydrocarbons and solids from the water which is to be discharged into the storage ponds. As the fluid leaves the heater-treater, an oxidizing; agent is injected into the discharge line and bacteria in the fluids are killed. The oxidizing agent also prevents incubation of bacteria in the water which goes to the ponds. Periodically, a sand jet system inside the heater treater washes the solids to a scrubber tank where they are oxidized with an oxidizing agent, and circulated for 3 hours. This oxidization process transforms solids into purified powder that will be transferred to a tank for storage, future testing, and disposal. ��,� 940056 �. All lines will be located underground, and the vessels will be insulated against freezing. During periods when no water is being delivered to the system due to inclement weather, water heated by the treater can be circulated through the system to prevent freezing. If these modifications are implemented and if fluids are monitored closely, the odor from the NCB Disposal System will be eliminated, the quality of the treated water will be that of irrigation water, and solids will be purified to an extent such that above ground, onsite disposal will be possible. H t�� 940056 S Giect t', , . O"CI } ac x/l i b i 22-- C'c : 72, N/-, 13 occ 940956 134,As l r 9d) Z �j_ip6s L1O va LY9 Lf' yi h(2( r tkess • EhYTh 6Pcac�.�1 �P 5nw► . nflP �,�i PDllIAh �� e ,�ln�,-1-11122-41 as-vtel -PLO ,.,) . rc , ti. +c yµ. ' H• ) v—)k--w v-'c_, 1 . ( y " no\ IC., 1 940056 --cn z2 z 4-%:- A F:, S , ! / / I • O/ i . J Ain • fiiiiii II 4 fi liffilv ! A s . .11 49/ J? _. M n'ar ' ,. , V .dill ,_ r ,t I h!_ , k r $ , • k. , 17 , Mk 9_nd (3rad€ 940056 tx 22_ a o • GI -.. • Ir" ) -'r i�'. • t r t r � „v` n d s x , z,2- 940 lb n T. t Jc),-92 vbi• ,V) J C-60 C./J Q _J LJ c cryc CC 4) Li._ �I1 QD Y S c v CD - ,----L E C) Cu 0 a (53 en s ' 9400as ' J J i i June 3, 1993 To the Weld County Commissioners: My name is Steve Sauer, and I live south of the Northern Colorado Brine Facility on property that has been in my ,ifa.mj,ly for over forty years. In regards to the hearings involving Northern Colorado Brine please consider the history of the operation. It was originally voted down by the Weld County Commissioners, then after a very controversial re-vote called by a Commissioner named Norman Carlson, a permit was granted to open E-Vap Inc. At that time we were assured that an extra row of trees planted at the site would prevent any odor problems . As soon as dumping started at the site odor problems started to occur. A large number of complaints were called in by the neighbors to the Health Dept. then headed by Wes Potter. There never seemed to be any action taken. A couple neighbors received letters threatening legal action if they didn' t stop complaining about the alleged odor problems. The same attorney, Ken Lind, that sent these letters is now representing Northern Colorado Brine. N C B has been in operation for approximately three years and has been in violation of many operating standards since it was opened. You are all aware of the very large list of violations and the fact that nothing was done to correct any of these until N C B was faced with the possibility of a hearing regarding their permit. I feel the county is very fortunate to have a fine Health Dept. under the leadership of John Pickle, whose staff has spent countless hours trying to make N C B comply with regulations they were aware of when the operation started. The Planning Department has also done a great job trying to police this operation also at the cost of many man-hours that could have been used working with many other businesses that are trying to meet operating standards. Our intelligence was insulted when a representative of N C B stated that the people complaining about the odor could not tell if it came from a "nearby feedlot" or "stagnant ponds" on our properties. The feedlot is one of the cleanest run in the county and our ponds have clear water that is used for irrigation and produce some pretty nice fish. When the owner of N C B was asked by a reporter why he doesn't develop the dump on his property by Roggen he said "I don' t want all that water on my property" . These statements really angered me. When N C B said they would voluntarily install almost $500, 000 worth of treatment equipment to deal with the alleged odor problem, if you would raise their dumping limits to 10, 000 barrels a day, it seemed like an insult to all of the people whose time has been spent trying to get them to comply. When this all started I would have been happy if you could have just made N C B comply, but after all of this rhetoric and wasted time, all I can say is based on N C B' s track record of non- compliance and pushing all limits, please shut them down. I don' t like making statements like that without a possible solution to the problem but there are alternatives. The representatives from an injection well company in Kersey have met all requirements placed on their permit and have had no odor CX/7 ;b,‘/- `17Y (a r, Az / Hz , /.3CJrC 940056 complaints all this at a lower dumping cost to the producers. They welcome inspections by the Health Dept. and from all indications want to be good neighbors. In a memo written by John Pickle he said he has had conversations with the Executive Director of the Colorado Oil and Gas Commission, Sue McKinnon. When asked if the closure of N C B would create a dilemma for the Oil and Gas Industry she laughed and said that there would be no impact. It is her belief that the oil and gas industry is quite capable of addressing its disposal needs, and in a much more environmentally safe manner than has been past practice. This memo was in regards to the matter of underground injection facilities. Even if the odor is controlled at N C B, I am still very worried about what they are taking at the dump site. They have accepted several types of waste that were not permitted, and these are just the ones that got recorded. There are indications that the ponds are leaking and our pond and several others in the area are fed by ground water that comes from the hill where N C B is located. There are approximately 3000 people living within a 5 mile radius of the dump and the smell can be detected anywhere in that area including the grade schools in Milliken. Dumping organic volatile compounds into the air we all breath is not only a serious health concern it is also illegal . It seems very irresponsible for this to go on in this scale when gas stations in most larger cities are required to recover all vapors . Thank You very much for taking the time to read this. n�nc el' zw Stephen L. Sauer -ta- t Yn dt /4593 x YY 940056 June 4, 1993 • • 56 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Re: Northern Colorado Brine Dear Commissioners; This brine pit facility is taking far too much of my time as well as the time of the Weld County Health Dept. Once again, I spent a couple of hours going over the file on NCB at the WCHD. The persons representing NCB would like to lead us to believe that NCB is doing everything possible to operate in a state of compliance. Yet, in reviewing the file, the same violations keep showing up that were "taken care of" . If some of the minor violations are not being acted upon in a timely manner, what is to lead us to believe the more serious violations will ever be dealt with? I found it particularly interesting that Sue McKinnon, Exec. Dir. of the Colorado Gas and Oil Conservation Commission, felt that the open pit disposal sites were a poor reflection on the oil and gas industry. She seemed to feel that the injection well disposal facilities were the way of the future. There is too much trust involved in the operations of NCB. They have proven that they cannot be trusted by their actions in the past. There is nothing to base trust on in the future operations of the facility, so therefore it should be closed down. Sincerely, Debi Sauer 10993 WCR 52 Milliken, CO 80543 587-2783 Exh 1 h;t xx 940056 c .' /7/7, )2_ , f ocC STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH oe:co c Dedicated to protecting and improving the health and environment of the people of Colorado - • , `',i + 4300 Cherry Creek Dr.5. Laboratory Building • •.,:- • Denver,Colorado 80222-1530 4210 E.11th Avenue •1876• Phone(303)692-2000 Denver,Colorado 80220-3716 (303)691-4700 Roy Romer '.. Governor May 25, 1993 Certified # P 860 418 378 Patricia A.Nolan,MD,MPH Executive Director Mike Cervi Northern Colorado Brine - P.O. Box 300397 Denver, Colorado 80203 RE Inspection - Northern Colorado Brine Weld County Mr. Cervi: 1 _ On May 14, 1993 a representative of the Hazardous Materials and Waste Management Division of the Colorado Department of Health (the Division) inspected the Northern Colorado Brine impoundment, located at 10600 Weld County Road 54, Weld county, Colorado. The purpose of this inspection was to determine the compliance of the facility with the minimum standards set forth in the Solid Waste disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. as amended and with the Regulations promulgated thereunder 6 CCR 1007-2 (the Regulations). A copy of the field inspection report is enclosed for your reference. As a result of the inspection, the Division finds Northern Colorado Brine is not in compliance with the Regulations. The specific areas of non-compliance are listed below along with the citation of the section within the Regulations that pertains. 1. The Design and Operations (D&O) plan for this facility states the depth of waste will not exceed 30 inches. At the time of the inspection the depth of waste in Pond E exceed the approved depth of 30 inches. This is a violation of Sections 1.3.4, 2.1.2 and 6.7. The D&O plan must be amended to reflect the change in waste depth. 2. Depth gauges on all ponds were not clearly visible due to the fact oil was smeared over the tick marks and numbers. This is a violation of Section 6.5.1. 3. Odors were observed during the inspection. This is a violation of Section 2.1.1. 4. Erosion of Pond E embankments were observed. This is a violation of Section 6.5.2. cJ MAY 2 8 1993 LX�i[Ji� (NW C'C : Nom �L L'orG "' 9QiJ , E Mike Cervi Northern Colorado Brine May 25, 1993 Page 2 of 2 5. The Division was not notified within fifteen days, per Section 6.8.4, of the damage to the Pond E embankments. Weld County Health Department (WCHD) indicated their first observance of the eroded embankment occurred on April 7, 1993. During the time of the inspection a large area of the eroded embankment of Pond E was covered with black plastic overlain by snow fencing. WCHD indicated this is were the worst areas of erosion has occurred. The water level in Pond E must be lowered immediately and extent of the erosion assessed. Upon evaluating the degree of erosion, an engineering plan must be submitted to the Division and WCHD for review and approval prior to culmination of work. The engineering plan will also determine the cause of the erosion and incorporate the necessary design changes to prevent future erosion of Pond E. Because of the unknown severity of the eroded embankment and potential environmental impact, the Division requests a written response within five (5) days of receipt of this letter. If you have any questions, please call me at 303-692-3437. Sincerely, Roger Doak Geologist Solid Waste Section Hazardous Materials and Waste Management Division Enclosure cc: T. Jiricek, Weld County Health Department K. Schuett, Weld County Planning Department P. Deplazes, Eastern Plains Environmental Service file SW/WLD/NOR/IB Ex - lti't✓ 940055 f FT. LUPTON 857-4321 s + A 3C, METRO 665-6126 —, y 352 FACTQRY DRIVE P Q.B9 329 FORT LUPTON, COLORADO 80621 May 19 , 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 RE: Show Cause Hearing concerning Northern Colorado Brine- USR #540 Dear Commissioners : As an interested party at the May 19th hearing, I would like to express my point of view. Having spent twenty years in the oil and gas exploration and service business in Colorado , Texas , Oklahoma , Wyoming , Cal- ifornia, and Louisiana , I am qualified to make the following comment : The treatment system and bioremediation program which were outlined for you today have been proven to be efficient and environmentally compatible . I believe that you will be able • to satisfy yourselves of this . I have previously expressed my concern about .the need for more disposal capacity for our industry in Weld County . • Our industry is a viable and responsible economic contributor to the state of Colorado and Weld County. I hope that you will support our industry by working with Northern Colorado Brine and Mike Cervi as they propose to make a very significant investment which 11 improve our disposal problem and allow our industry cot ' e to harvest the natural resources that our state a cou ,a(re fortunate enough to have . Sincer , Lee Daniel III cks h I 3t-F QQ . R6 C'); Pc; 940056 ZEIVED HAY 1 ,7 199 Summit Petroleum Corporation 602 N• Baird, Suite 200 Midland, Texas 79701-4772 Deas H:Watley 11/ (915)685-7051 Ch°(t"°°" FAX: (915)685-3198 May 5, 1993 Weld County Board of Commissioners 915 10th Greeley, CO 80631 RE: Northern Colorado Brine Dear Commissioners; As an Oil & Gas production company Summit is very concerned about the current reactionary posture being taken by some groups in the battle to "preserve the pristine environment." We realize that being good neighbors and good environmental stewards is a benefit not only to us but also to the communities near the areas where we produce oil and gas. We also realize that our nation needs the energy we produce. We at Summit endeavor to always act in an environmentally sensitive way particularly when it comes to disposing of our produced waste products such as brine water. By using the facilities of Northern Colorado Brine we believe that we are serving our own interest as well as the interests of the environment. Due to the inherent nature of the production of brine with oil and gas, facilities such as the one operated by Northern Colorado Brine are essential for the safe disposal of produced brine water. Were it not for the availability of facilities which allow the low cost and environmentally safe disposal of produced brine, we would be forced to abandon certain of our wells. As you are aware, Oil and Gas production contributes significantly to your ad valorem tax base. Premature abandonment of producing wells would result in the loss of tax revenues to Weld County. Please carefully review the "whole picture" prior to forcing the closure of the only safe and available brine disposal within several hundred miles. Its closure could significantly affect your tax revenues in the years to come. Thank you for taking the time to read and consider my remarks. Sincerely, onald W. Tally, Jr. Operations Manager DWT/ncbrine.let • 940056 May 19, 1993 TO WHOMM IT MAY CONCERN: As an employee of the Milliken Elementary School since 1982, I hae to say that the odor coming from Northern Colorado Brine is most obnoxious. Please come smell our "fresh air" after a rain, or early morning breeze which all should be very pleasant and clean. Please shut in down for our health sake. Sincerely, 4 7 Er' , �)L�i"L Ex r,;f > C' •, .14 1 ? HI PL 940056 109 Kathleen Avenue Milliken, CO 80543 4/6/93 TO WHOM IT MAY CONCERN: As long-time residents of Milliken, we have endured many odors (GWSCo. , COORS, etc.) in the name of "progress". But, now, progress or not, we must speak out! The odor the EVAP exudes is not confined to a small radius. The resi- dents of Milliken are at risk! The odor permeates the walls of our homes. We can not open our windows at night to catch the fresh moun- tain breezes. To take a deep breath is out of the question, because a burning sensation in the lower lungs and stomach results. As an employee of the Milliken Middle School since 1970, I have to say that at no time, with the exception of the last couple months, has my performance been affected by such an obnoxious odor. There are 300, plus, students housed at the Middle School nine months out of the year. Is it possible that there could be a long-term effect on their/our respir- atory/immune systems? Only time will tell but who has that kind of time? PLEASE DO SOMETHING IN THE NAME OF HEALTH! Sincerely, Richard Mann 277 LA Mann 940056 Ex 6u by-f- ele. 0,e ; & (5) µ� � Town of j1 _ ohnstown BOARD MEETS FIRST MONDAY IN MONTH .70 P.O.BOX 308 JOHNSTOWN, COLO. 80534 January 19, 1993 I Randolph L. Gordon, M. D. Director, Weld County Health Department 1517 16th Avenue Court Greeley, CO 80631 Dear Doctor Gordon, On behalf of the Johnstown Town Board, we would like to express concerns of our residents for our health and safety regarding the Northern Colorado Brine facility located northeast of our community. The potential hazards from the Brine Facility that the residents feel will affect them are fire, explosions, truck traffic and ground water contamination. The major hazard and of great concern which can affect our health is the complex hydrocarbon gasses in the air. We are asking you to institute procedures to close this facility for the safety and well being of our residents. Sincerely, t' lt4e eZ i Wadas Myor RW/ds cc: Ted Chavez, Milliken Mayor Johnstown Board of Trustees tit 940056 riot( b r f (4-9 ee,. WS)). 141.. Pi- Dear Madam Chairwoman and membrs of the Weld County Board of Commissioners; As concerned citizens of Milliken, Johnstown and Weld County, we feel that Northern Colorado Brine Co. should be made to comply with the operation static** of their U.S.R. (Use by Special Review). The stench coming from the evaporative ponds is just one of many concerns to us. The fact that volatile organic compounds (VOCs) are allowed to evaporate into the air is alarming! Please take proper action to force Northern Colorado Brine Co. to comply or shut them down! Thank you. /ncerely \) (I/4.172 L. / //7/ /7 2,gr— i‘r/ 7 , ; iD.,s 719(524)._ n \ cy,s, n ) 4 ......" . , . ) ..\"Dira._ . c•---/ zi) `di r) i A , . --r . r GA v Irn I // ,7 , ! l ---- A Ws r'v 7 i9,11: ).e E pp , LQ l',e L'") ,A a,( " (. , " oni• o -3, ,...rt�2Ani- c 70807--z2 1 n r c ail CM— leo,a i3 c / /.2 it 1.),-k ,cii V , i (,4-1,it , 2 *WA U a / 314 kitNn / ''s *N.79. --1 0' (/�7 r- 6 £x h;k ' Pf cc : ( ,(s) +, ; r� Dear Madam Chairwoman and membrs of the Weld County Board of Commissioners; As concerned citizens of Milliken, Johnstown and Weld County, we feel that Northern Colorado Brine Co. should be made to comply with the operation standards of their U.S.R. (Use by Special Review). The stench coming from the evaporative ponds is just one of many concerns to us. The fact that volatile organic compounds (VOCs) are allowed to evaporate into the air is alarming! Please take proper action to force Northern Colorado Brine Co. to comply or shut them down! Thank you. Sincerely, cY-; yam \ N 11-1 t24 1 . L'Alv„7; , . < 'Jr' *- 1�?>11 _ �--' ‘:-,.-----' ice, Xf J. C- zn . � A (- 1 LO7 di I � ,(t �� - _ tria 2 if 940056 Dear Madam Chairwoman and inembrs of the Weld County Board or Commissioners; As concerned citizens of Milliken, Johnstown and Weld County, we feel that Northern Colorado Brine Co. should be made to comply with the operation standards of their U.S.R. (Use by Special Review). The stench coming from the evaporative ponds is just one of many concerns to us. The fact that volatile organic compounds (VOCs) are allowed to evaporate into the air is alarming! Please take proper action to force Northern Colorado Brine Co. to comply or shut them down! Thank you. Sincerely, /lr _ $-e-e4 4 tti1_4{.41:ji: (4) prie-t" • �y 940056 Dear Madam Chairwoman and membrs of the Weld County Board of Commissioners; As concerned citizens of Milliken, Johnstown and Weld County, we feel that Northern Colorado Brine Co. should be made to comply with the operation standards of their U.S.R. (Use by Special Review). The stench coming from the evaporative ponds is just one of many concerns to us. The fact that volatile organic compounds (VOCs) are allowed to evaporate into the air is alarming! Please take proper action to force Northern Colorado Brine Co. to comply or shut them down! Thank you. Sincerely, yAnilk , f fj e.t_c ,uc�J ( c'c\ `\, CV/64,4044, 7 �oil741 l /1 l� JV CA) Itonsintantassorsugs 310^56 Dear Madam Chairwoman and membrs of the Weld County Board of Commissioners; As concerned citizens of Milliken, Johnstown and Weld County, we feel that Northern Colorado Brine Co. should be made to comply with the operation standards of their U.S.R. (Use by Special Review) . The stench coming from the evaporative ponds is just one of many concerns to us. The fact that volatile organic compounds (V0Cs) are allowed to evaporate into the air is alarming! Please take proper action to force Northern Colorado Brine Co. to comply or shut them down! Thank you. Sincerely, 7 17E/1 hill-el :9 o y7 9 z.-J( I/7 io Z ) i c G' . , '' 1 1 1 , '/% - /. / 2 , 74, - - -/ ✓ l N V'[l -).1:„,,t, / / t/ L l i 6- /!a' 1 ,,e31t c.,4 !i 4,„,. , 6 ;! L>s ,/ f 4 11, 6/ lb (s� ' /' ► /`a ,.)M�ftr'>_,. 11 c Ct "I>ro 6 �j' C y D ^- 4- / • ,) / / 1 n C: ,.. J Ce -J ` ,t�Jn ,2�? �/• ^/laro 'it S w (( YJr3 y n G/r r C / ', o /'S L 7 4 L" ✓! • (71 a ]3 51 ,-;-. _ �-es:r.--- Fon-v sr(1 t rk ,{..2. 2v /i2--44 y4:'1"1,"? C'` v % .. _ Y y„ .L'' t a r � D 3/y ayGtrt 642 nit 6-744- jtin .. ro. siQ53`� .hr . c _.,\,4 ate , \o - c tt ‘.SVsJAs w,... c ,, , y ‘:\s31 A �. d6'-«-c P ., 11 3 7 9i /-a-u- ., oIu i z ,�._l 0 6, u s 3 y _., v /z/S It' t //Z'� Cr y: Gu , Co se.; .5 f c 4-r S `,> //� / /// Yc/- /c Y/L ' •) G1 .-17/, ///_L.LL /"):7 .X C‘ Dear Madam Chairwoman and membrs of the Weld County Board of Commissioners; As concerned citizens of Milliken, Johnstown and Weld County, we feel that Northern Colorado Brine Co. should be made to comply with the operation standards of their U.S.R. (Use by Special Review). The stench coming from the evaporative ponds is just one of many concerns to us. The fact that volatile organic compounds (VOCs) are allowed to evaporate into the air is alarming! Please take proper action to force Northern Colorado Brine Co. to comply or shut them down! Thank you. Sincerely, / [ [' �. f�' i S t P �� f'`i�' -.J i t . Z . I ... l t <<��C.:ic v ,I l ) 1 '-'L '(r' % & --ti-4 2-6) s /-74.7,,7)/./ / U S7 e ',_ r— . '7 Vic,C/2 l r h, 2, 170 r 1, .Y'''/- •,�. ..,� „ ... ,..r,_.. . +as 4 mow' -' �,.-.��.._-�.�,�_�T �—.� -�_. --r—�._. .�.<-•-cst.,�an::cy r.:ac::xn1:_.,.-_,�-.wss.�tisro_ .•__— _. .. '=-'-,r--11— •""-"--- ..._.. -S.r^1 _ .^_sr. C=CF,LIC PMi••_�.....__ __QY _ '�'n11.L•rRr..v .YLV0.19= aaa.a..ammfY.rera1.aw.�.e.l' .'+i•+ris+ - �ra'�t•�ma�..aveMro.vur.W..rr<fl.1.a.�1U.a•.4 a14 % --.ww..w. 4 T.....,-7=111= -szZ=a-:c-.::vr:Yar s.�s+re-J W=4- ::�r_M. r.--._.a-.ezzc• n p P Dear Madam Chairwoman and membrs of the Weld County Board of Commissioners; As concerned citizens of Milliken, Johnstown and Weld County, we feel that Northern Colorado Brine Co. should be made to comply with the operation standards of their U.S.R. (Use by Special Review) . The stench coming from the evaporative ponds is just one of many concerns to us. The fact that volatile organic compounds (VOCs) are allowed to evaporate into the air is alarming! Please take proper action to force Northern Colorado Brine Co. to comply or shut them down! Thank you. C:)Sincerely; G � Ci" zC r —` ri - • J` LCY-1F �i•� i LJ _ ...__.tip.,•,.._._:,,:xa•.«.r....,. .y,.._,,......-.-. ..u.'ia�Wh.. ...h..iiiitl...�l1.--."--- . .. - - - -.---. ��C2ltL•71T. S1.2i xwiiT. - ... Vrs_.. . J. Y......O.Y.lY t a..a..a....a- n 10956 Dear Madam Chairwoman and membrs of the Weld County Board of Commissioners; As concerned citizens of Milliken, Johnstown and Weld County, we feel that Northern Colorado Brine Co. should be made to comply with the operation standards of their U.S.R. (Use by Special Review). The stench coming from the evaporative ponds is just one of many concerns to us. The fact that volatile organic compounds (VOCs) are allowed to evaporate into the air is alarming! Please take proper action to force Northern Colorado Brine Co. to comply or shut them down! Thank you. Sincerely, Th/l. rn. firrif,4O tF 940056 Dear Madam Chairwoman and membrs of the Weld County Board of Commissioners; As concerned citizens of Milliken, Johnstown and Weld County, we feel that Northern Colorado Brine Co. should be made to comply with the operation standards of their U.S.R. (Use by Special Review). The stench coming from the evaporative ponds is just one of many concerns to us. The fact that volatile organic compounds (V0Cs) are allowed to evaporate into the air is alarming! Please take proper action to force Northern Colorado Brine Co. to comply or shut them down! Thank you. incerely, 1 CA k R .pp„ go ) Al �i4 �� n �1/41-cif id (�,� "KaO� 19./02i s, cJ 1.%\ 1+ ) i`-—% 1 \'\�� , � -- CCS2S ben ca. K P .TU h n S vca n _ Ca . ,,y2- /6j f (cce.z c-r.4vc- O/fiv/Tac:. Y �o C4e /ty c t ,rti57kGc N Co q p /07 S, llrevcli �"( ,jo4��s1ow>\ (b //,',er.r,U, p (J X /Q2 a ;- / So h d e-179(.J T L►o� «� � � 9d,'l�4ow C\l� /030 4r%o f h (,se.,!r2. h- UL&-0 , Co (.44. eS / 0 (197 d Sc? (7,/ 7 Zil(1f' S1,2- 7 7(/4 the 'lowwn of t:J\Iillikeil Phone 587-4331 - 1109 Broad Street - P.O. 13'ox 97 Nlililken, ( oloiado 80543 • aua,y 1, 1985 c File Memo--Evap Park - I was contacted by Mr. and Mrs. Joe Sauter who registered a concern about the operation of Evap Park. They said that the oder was so bad that they couldn't stand it. They, furthermore, have been forced to shut up the house so that they could breath. Furthermore, they indicated that this was not an isolated occurrance but something they have to contend with on a daily basis. I went to the Sauter's house. At that time there was no significant oder (there was a slight oder, but it wasn't unbearable) . Mr. Sauter requester that I accompany him to Evap to see if the oder was stronger elsewhere and possibly to discuss the problem with the operater. On the way there he informed me that he had contacted Wes Potter and some Weld County Commissioners about this problem. He also said in talking to them that only one admitted being aware of the problem. In addition he said that Wes Potter admitted to him that Evan did not build their plant according to the specificications they presented at the hearing; that more than the pits originally requested were placed on the site. Upon arriving at the site, Mr. Sauter requested the plant operater let us tour the facility. He did not have the authority to do so and went to ask Mr. Martinson whether this would be permissible. We waited approximately fifteen minutes, then left. As we were leaving we saw Mr. ! hrtinson. We returned to the site and requested that he let us tour the operation. At this point, Mr. Martenson made it very clear that Town representatives , as well as Milliken residents were not welcome on the site. Further he accused the Town of harrassment activities and told us that he would file a lawsuit against us if we set foot on the site. He furthermore stated that the only way we would gain access would be if we toured the plant with the Weld County Commissioners . Finally, and directing his remark to Mr. Sauter, he said that if Mr. Sauter ever came and complained to his operaters or bothered him he was going to pay Mr. Sauter an anonymous visit. It was my understanding that the Town could tour the facility upon request (statements made at the hearing) . Furthermore, the Town has had no contact with evap since it's approval (except through legal proceedings and none since those have ended) To further substantiate this , the Town has not dicuseed the failure of the County to send it water quality sampling results , even though the County promised to do so. �5� 940056 L-)01.( i f F Nom; P�- Tile Town_ of ('SIilIllic t Phone 587-4331 - 1109 Broad Street - P.O. Box 97 - Milliken, Colorado 80543 July 1, 1985 File Memo--Evap Park Spoke with Ken Waesche on Evap Park and whether they built according to standards. Reuqested that he permit Town to tour facility. He agreed and will have Mr. Mesch call back next week and set up date. 940056 LIND & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 E EVENTH AVENUE P.O.BOX 326 ...._ , GREELEY,COLORADO 80632 GEORGE H.OTPENHOFF TELEPHONE F.lWD 003T 35}2323 September 3, 1985 Mr. and Mrs. Joe Sauter 24650 State Highway 257 Milliken, CO 80543 Dear Mr. and Mrs. Sauter: As you are aware this office represents E-Vap, Limited and it has come to our attention that you have made numerous and continuing complaints to county, state and federal officials concerning the alleged odors emanating from the E-Vap brine disposal site. Your complaints have been frequent and persistent for the past several months, and, in fact, you continue to make them on almost a continual basis. Pursuant to your irrational complaints, E-Vap has been inspected on numerous occasions by both county and state officials and on every single occasions has been determined that there is no odor violation. Those tests and inspections have been performed at all times of day and night, and we have been informed that as of this date not less than thirty inspections and examinations have been made pursuant to your complaints and allegations. We would now like to advise you that your actions can only be construed as being malicious and outright harrassment, especially based upon the fact that not a single violation has been found. Your allegations have now reached a point that they may result in a damage to the reputation of E-Vap and are quite slanderous in nature. We would like to advise you that in the event your allegations continue and you are unable to prove a violation of any applicable county, state or federal law, this office may have no choice but to commence legal action against you for a malicious abuse of process, outrageous conduct, and slander. We hope that such action is not necessary, but your activities are clearly irresponsible, and if you desire to continue to make the allegations you had better be in a position to prove the same. Very truly yours, 1 LIND €1 0TTENH0F Kenneth F. Lind �l KFL/dkr pc: E-Vap, Limited editbctNN ec . �3o�1 P1, 940056 c. u2 Li . SOLID WASTE FACILITY INSPECTION (Surface Impoundments) County t..\ DATE AkArY /'7. I'i'93 Located in Facility a S (e‘{ pa a RI Al 1' Incorporated Area Location • 119600 LiC2 %cif Current Operator M(y e ("sae 1,1. Mailing Address of Operator Current Owner (If different) Mailing Address of Owner Q p F1'0atr3 f5oX 3ne3et .. �en.3�c eU (■,r items checked must be explaind in supplemental report) I. _ A. Public Health and/or Environmental Hazards B. Evidence of Potential for (Serious) Surface Water Pollution C. Evidence of Potential for (Serious) Groundwater Pollution — D. Sludge or Septic Pumpinge Disposal on Site (Unauthorized) E. Safety Hazards___Y.,—__.,--- -- ---74. Non-Compliance with Approved Design and Operation ___IZG. Structural Integrity of Dikes Questionable H. Records I. Other * REMEDIAL ACTION REQUIRED • II. Minimum Standards, CRS 30, 20-11D v•PA. Odors and/or Vectors Present B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned ___ D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not - Present) E. Evidence of Minor Spills Around Disposal Area — F. Water/Liquid Surface Covered with oil(s) or scum t ✓O' Depth Gauges not Present and or Readible H. Pond Freeboard Level Exceeded. __ I. Recommendations for Site Improvement J. Other III. Remarks o-P• NAZI 1r . C 1 'throF.an ` s •--- .: v• e Peat O: { ft. ND 5d '.�Aon�. Rat (Fame) �s.4��..a.... PRESENT AT INSPECTION� A (Representing)\ b ri � 9'+C � iCAtaOo�c 1.M� ZS/ 7► ��!�+alS�7J� •a .. IZ •ri .��. L -tee► R �'!:T Inspection Engineer/Geologist 44,(WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) , 940056 SOLID WASTE FACILITY INSPECTIO., (Surface Impoundments) County DATE 5d4 Facility � I D� �� Located in k._1 -qt ern,R CmIO f r,u'P lill�k¢� Incorporated Area Location loGa_re cXL W 5 Current Operator evk lut Mailing Address of Operator Current Owner (If different) YVIitC 04v/I Mailing Address of Owner avamanatiooaamoaawanavoamoanaannarsa.a.:.s.va�asaonassaasa====a (All items checked must be explaind in supplemental report) I. A. Public Health and/or Environmental Hazards B. Evidence of Potential for (Serious) Surface Water Pollution C. Evidence of Potential for (Serious) Groundwater Pollution D. Sludge or Septic Pumpings Disposal on Site (Unauthorized) E. Safety Hazards F. Non-Compliance with Approved Design and Operation _ G. Structural Integrity of Dikes Questionable H. Records _ I. Other * REMEDIAL ACTION REQUIRED II. Minimum Standards, CRS 30, 20-110 _ A. Odors and/or Vectors Present B. Inadequate Fencing (to control access) C. Not Designated and/or Improperly Zoned D. Monitoring Wells (Maintenance, Intregrity, or Locking Cap not Present) E. Evidence of Minor Spills Around Disposal Area F. Water/Liquid Surface Covered with oil(s) or scum —pawlC— v _ o, G. Depth Gauges not Present and or Readible Cow.�,d. (.0 "T+osie_ntq W,fin H. Pond Freeboard Level Exceeded. I. Recommendations for Site Improvement J. Other III. Remarks c!^ 1..G. tat V AN OrUa el� ;MAWS AAA Pn � .vl oVal f t.vp��i b C-) fUr2 teat- kcun-Aker A G. DAtelmin Y01,110 F MoXtatral, AW-1 b.emJ _fief I era,ti to ti ►-n0P` f�+� �c aa. rr lf} r1 LCcani �C ke tfr eWt- �t 2 vl 19 fir(/vtlu gal cl t (Name) PRESENT AT INSPECTION (Representing) ViretY 11,r ICZAC .G. cel 614.4g- im Ca t N1/40-rriSrnn ilinettiefiangiagialngin evvL, 4i\\rtct L - (WHITE COPY-FILE) (YELLOW COPY OPERATOR) (PINK COPY-COUNTY) 940036 INSPECTION REPORT NAME: Northern Colorado Brine, Mike Cervi P.O. Box 5714 Denver, Co 80217 Northern Colorado Brine 10600 Weld County Road 54 Milliken, Colorado Eastern Plains Environmental Service c/o Patricia Deplazes P.O. Box 142 Pierce, CO 80650 LEGAL DESCRIPTION OF THE PROPERTY: Part of the NE4, Section 26 and part of the NW4, Section 25, all in Township 5 north, Range 67 west of the 6th P.M. , Weld County, Colorado. CASE NUMBER: USR-540 ZCH-97 DATE: January 29, 1993 The property was inspected after reviewing the approved Development Standards. Trevor Jiricek, of the Weld County Health Department assisted on the inspection. A video of the property was filmed. During this inspection it was determined that the property is not in compliance with Operation Standards 1, 7-H, 7-J, 15, and 16. Operation Standard Number 1 states as follows: The use shall be an oil and gas brine water disposal and oil recovery facility as described in the submitted application materials . No hazardous wastes or nonhazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed, and operated to comply -. with the Colorado Department of Health Solid Wastes Disposal Sites and Facilities Act, Title 30-20, Part 1, CRS 1973, as amended. The use of the property has not been limited to oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. Nonhazardous waste from Monfort and other facilities have been disposed of at this site. The height of the approved pond berms have been raised and the 3 foot free board has been exceeded. Appropriate records are not being maintained on site. Contaminated soils are located on the property and must be properly disposed of. 940056 INSPECTION REPORT Northern Colorado Brine, Mike Cervi Page 2 Emissions permit 90WE161 has not been amended to reflect the increased volume of waste being processed. Operation Standard Number 7-H states: A gauge height indicator shall be installed in the evaporation ponds. The gauge must clearly indicate the depth of brine water waste. A gauge height indicator is not located on all ponds. The gauge height monitor must clearly indicate the depth of the brine water waste, not the height of the brine water in relation to the height of the berm. Operation Standard number 7-J states: An aeration system shall be installed and operated on the four evaporative ponds. In the event of an odor problem emanating from the ponds, an odor abatement program shall be instituted. The aeration system has been installed on four ponds but has not been installed on the newly constructed ponds. The aeration system is not being operated. Odors are a problem and an odor abatement program has not been instituted. Operation Standard Number 15 states: The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. The Use by Special Review site has not been limited to the plans shown and is not iri compliance with all applicable Weld County Regulations. The Use by Special Review site is not in compliance with all Development Standards and all applicable Weld County Regulations and amendments to the approved plans have not been applied for. Operation Standard Number 16 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. The property owner and/or operator of this operation has not maintained compliance with all operation standards. 940056 May 6, 1993 , Weld County Commissioners _ 915 10th St. Greeley, CO 80631 Commissioners: As field superintendent of Rainbow 'Tank Services, I assert that the proposed closing of Northern Colorado Brine would prove to be detrimental not only to the oil and gas industry of Colorado, but to the citizens of Weld County and the environment as well. Rainbow Tank Service has utilized the disposal facility for over eight years and has found the facility and its employees to be far superior to others in Colorado. The employees have proven invaluable when familiarizing new drivers with proper dumping and safety procedures set forth by the facility. Rainbow Tank Services presently employs fourteen full-time and four part-time workers. The future of their jobs, as well as that of my own, is dependent on the future of Northern Colorado Brine. Rainbow Tank Services recognizes the significance of our environment and is committed to its preservation. The oil and gas industry contributes a great deal of money in tax revenues for Weld County and it is our understanding that some of this money finds its way to environmental protection and maintenance programs. Unfortunately the oil and gas industry produces brine water which is harmful to the environment and therefore must be disposed of properly. The citizens of Weld County and the oil and gas industry both want a well maintained and carefully monitored facility for brine water disposal. It is my hope that a compromise can be reached between Mr. Cervi and the citizens of Weld County which will achieve this. Please let me know if I can be of further assistance. erely, c c c Kurtis Esplin Field Superintendent 940056 FxFbi { Jr cc t1occ iiz , ,aL /fir/ 'r"7-i,�if,e. * 1876 itic tttte of Tulin-tali' . : rn Gale A. Norton STATE SERVICES BUILDING Attorney General DEPARTMENT OF LAW ^. ., 1525 Sherman Street-5th Floor Raymond T. Slaughter Denver, Colorado 80203 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL h Phone (303)866-4500&866-3611 (303) 866-5691 Timothy M. Tymkovich Solicitor General May 14 , 1993 Gregory J. Hobbs, Jr. Hobbs, Trout & Raley, P.C. 1775 Sherman Street, Suite 1300 Denver, Colorado 80203 RE: Northern Colorado Brine Dear Greg: Thank you for sending me a copy of your letter of May 13 , 1993 to Chairperson Connie Harbert, Mr. Lee Morrison, and Mr. John Pick- le. In that letter, you stated that Northern Colorado had filed a request for hearing before the Colorado Air Quality Control Commission, contesting alleged violations of Regulation No. 2 and Air Emission Permit No. 90WE161, as set forth in compliance orders issued by the Air Pollution Control Division ("the Divi- sion") . You asserted that pursuant to § 25-7-115 (4) (b) , C.R.S. , the request for hearing stayed all matters related to those compli- ance orders and that the Weld County Commissioners may not con- sider any issues related to violations of odor control regula- tions or air permits at the hearing scheduled for May 19, 1993 . I express no opinion as to the scope of authority of the Weld County Commissioners. However, as the Division's attorney with respect to Northern Colorado Brine's appeal of the Division's compliance orders, I am writing this letter to avoid any miscon- ception concerning the Division's legal position. In my view, no stay is in effect concerning the Division's com- pliance orders. Although § 25-7-115 (4) (b) purports to create an automatic stay, that section has been effectively amended by § 25-7-122 . 6 (effective July 1, 1992) . Contrary to the stat- utory provision upon which you rely, § 25-7-122 . 6 provides that no stay will be granted without an explicit petition requesting a stay, demonstrating probable cause to believe that the movant will suffer irreparable harm if the motion is denied; 94005s xh;bit zz Gregory J. Hobbs, Jr. Page 2 that there will be no irreparable harm to human health, welfare, or the environment if the motion is granted; and that the movant will succeed on the merits of its case. In the case of a poten- tial conflict between two statutory provisions, I believe that the more specific, most-recently enacted provision controls. If you have any questions or if you would like to discuss this matter further, please do not hesitate to call me. Sincerely, /\ ' CHRISTINE A. KLEIN Assistant Attorney General Natural Resources Section (303) 866-5129 cc: Connie Harbert, Weld County Commissioners Lee Morrison, Weld County Attorney's Office John Pickle, Weld County Health Department Dave Ouimette, Air Pollution Control Division AG File No. E9317338 . 104 f)6,11- 940056 Z IH7 oil 1876 tatr of Qi a,lnrabn Gale A. Norton DEPARTMEN- T O STATE SERVICES BUILDING Attorney F LAW General : 1525 Sherman Street- 5th Floor Denver, Colorado 80203 Raymond T. Slaughter OFFICE OF THE ATTORNEY GENERAL Phone (303)866-4500 8 866-3611 Chief Deputy Attorney General FAX (303)866-5691 Timothy M.Tymkovich Solicitor General May 17 , 1993 Gregory J. Hobbs, Jr. Hobbs, Trout & Raley, P.C. 1775 Sherman Street, Suite 1300 Denver, Colorado 80203 RE: Northern Colorado Brine Dear Greg: Thank you for your letter of May 14, 1993 concerning stays pend- ing review by the Air Quality Control Commission ("AQCC") . This issue arose in the context of your suggestion that Section 25-7-115 (4) (b) would somehow prevent the Weld County Commission- ers from considering odor issues at the hearing of May 19, 1993 by imposing an automatic "stay" on the Air Pollution Control Di- vision's enforcement of the compliance orders it has issued to Northern Colorado Brine. I have carefully reviewed your arguments and continue to believe that no "stay" of the Division's compliance orders can be in ef- fect, except by order of the AQCC pursuant to the specific provi- sions of Section 25-7-122 . 6. In fact, your request to the AQCC for a stay under Section 25-7-122 . 6 suggests that you have reasonable doubts that the old provisions of Section 25-7-115 (4) (b) can be applied in such a way as to frustrate the effectiveness of the explicit new language of Section 25-7-122 . 6, as amended in 1992 . In order to distinguish those two statutory provisions, you sug- gested that Section 25-7-115 (4) (b) applies when an alleged vio- lator has attended a notice of violation conference ("NOV") , held pursuant to Section 25-7-115 (3) (a) . In contrast, you state that Section 25-7-122 . 6 applies only when the alleged violator has not participated in a NOV conference. The law makes no distinction based upon an alleged violator's degree of participation at an NOV conference. To the contrary, the plain language of Section 25-7-122 . 6 provides that such section applies to "any person to whom an order has been issued by the division or commission, or bxh%h)f f7/ft cc : be,« , ��, �� 910056 Gregory J. Hobbs, Jr. Page 2 against whom an adverse determination has been made. " The only two exceptions to that rule -- emergency orders and delayed com- pliance orders -- make no reference whatsoever to whether or not a violator participated in the NOV conference. Your proposed distinction relies upon the premise that participa- tion in NOV conferences by an alleged violator is not necessary in all cases. If so, are you waiving on behalf of Northern Colo- rado Brine the provision of Section 25-7-115 (3) (a) which provides that a NOV conference "shall" be held within thirty calendar days after notice of any alleged violation of any regulation of the AQCC and that the alleged violator "shall" be given an oppor- tunity to present data, views, and argument at such conference? I have no objection to your request for a hearing under Section 25-7-122 . 6. As a practical matter, however, the motion appears to be unnecessary, as the Division has not sought enforcement of its compliance orders and penalty assessments pending review by the Commission. Once again, thank you for clarifying your position through your letter of May 14, 1993 . Sincerely, CHRISTINE A. KLEIN Assistant Attorney General Natural Resources Section (303) 866-5129 cc: Joe Palomba, Technical Secretary, AQCC Connie Harbert, Weld County Commissioners Lee Morrison, Weld County Attorney's Office John Pickle, Weld County Health Department AG File No. E9317338 . 108 Ek //Art 940056 resource tecfnology corporation 410-17th Street. Suite 230 Denver, CO 80202 (303) 595-4090 FAX (303) 595-8041 May 17 , 1993 WELD COUNTY BOARD OF COMMISSIONERS 915 10th STREET -, GREELEY CO 80631 TO THE WELD COUNTY COMMISSIONERS: You will do a grave disservice to the citizens of Weld County if you vote to close NORTHERN COLORADO BRINE. NCB has provided the only available disposal for brine through most of the winter. As you are surely aware, the drilling for oil and gas is at an all time high, and without Northern Colorado Brine to take the brine water produced, there could have been a real environmental crisis in Weld County. Also keep in mind the economic importance of oil and gas in the county. The revenue provided by a healthy oil and gas industry pays for roads, schools, parks, and salaries. In deed, every producer in Weld County pays the equivalent of five to twelve percent royalty to the county in the form of ad valorem and personal property taxes. If this facility is closed, it will drive up the cost of environmentally sound disposal of water and hasten the abandonment of marginal wells that currently contribute to the tax base. Yours Very Truly, RESOURCE TECHNOLOGY CORPORATION Cate-(7, Donald Reitz President DDR/hmr 94[9056 L5(1-) rF L;(7 cc oacc; /) j 11L' HT&R '1 :3038324465 MAY 1 - '93 13 :31 No .018 P .02 7ibJk7ivuc& 744c 3 Attorneys At Law 1775 Sherman Street•Suite 1.')00 Denver, Colorado 80203 (909)861-1963•Thx: (808)832.4465 Ext. 123 May 17, 1993 Ms. Christine Klein Assistant Attorney General Natural Resources Section 1525 Sherman Street, Fifth Floor Denver, Colorado 80203 Re: Your letter of May 17, 1993 Northern Colorado Brine Dear Christy: Again, thank you for your timely correspondence regarding the stay issue and its interaction with matters before the weld County Commissioners. It would seem that the Colorado Legislature has put all of us in the interesting position of having two, perhaps conflicting, provisions on the books with regard to stay of enforcement pending appeals to the Air Quality Control Commission. So that my position on behalf of Northern Colorado Brine is not misunderstood, regardless of which statutory provision applies, the matter of whether violations of Regulation No. 2 (odor control) or the State air emissions permit for the facility have occurred is on appeal to the Colorado Air Quality Control Commission which has exclusive jurisdiction over these questions. In our opinion Weld County cannot base any decision it makes regarding the special use permit for the facility on alleged violations of Regulation no. 2 or the air emissions permit, particularly when the issues before the Commission involve which odor control standard of the regulation (127-1 or 15-1) properly applies to the facility. Please know that I have filed a stay motion with the Air Commission only in the alternative to protect my client and in no way concede that the stay provision you cite controls over the more specific pre-existing provision of the statute. By now you have received our settlement offer and I hope we can get on with resolving this matter. Best regards. MAY 17 '93 13: 32 3038324465 PAGE . 002 f xfiib�f F� 940056 ec : 6 GOc , f'z_ HT&R "1 :3038324465 MAY l ' '93 10 :26 No .003 P .02 ?kik. rn 2 utAkatefip Attorneys At Law 1775 Sherman Street•Suite 1300 ' , Denver, Colorado 80203 -: (303)861-1963•Fax: (303)832-4465 EXC. 123 May 14, 1993 Ms. Christine A. Klein MOTION TO AIR QUALITY Assistant Attorney General COMMISSION HEREBY Natural Resources Section SUBMITTED REGARDING STAY Colorado Attorney Generals Office OF ENFORCEMENT PENDING 1525 Sherman St. , Fifth Floor HEARING Denver, Colorado 80203 Re: Your letter of May 14 regarding stays (attached) Dear Christy: Thank you for the courtesy of your letter dated today (attached) regarding stays pending review by the Commission. I respectfully disagree. Attached are pertinent pages from the 1992 Session Laws. Please note on page 1217, in the introductory portion of section 19 of the Act, and on page 1218 that the reference to "paragraph (b) of subsection (4) " was specifically preserved and not repealed. A stay of enforcement occurs upon filing a hearing request when the owner or operator of the source at a conference with the Division exercises the opportunity to "submit data, views, and arguments concerning the alleged violation or noncompliance or the assessment of any noncompliance penalty", section 24-7-115 (3) (b) . Under the 1992 Amendments, see p. 1218, (3) (c) , the Division's order becomes final agency action only if the owner or operator does not request review. Also, please note that civil penalty assessments cannot be made against a source of odor until a compliance order has been violated, see p 1221, (1) (b) . The new 25-7-122.6 you cite, p. 1227, is a general provision which applies to Division orders which do not involve a conference at which the owner and operator has taken advantage of the opportunity to submit data, views, and arguments concerning the alleged violation and then appeals to the Commission an order issued as a result of the conference. In this case, as the tape of the March 8 conference and its subsequent letter of March 18 discloses, Northern Colorado Brine MAY 17 ' 93 10: 27 3038324465 PAGE . 002 t*/,/;/ E2i' cC : .&c c, /9 404156 HT&R "1 :3038324465 MAY l ' '93 10 :26 No .003 P .03 Ms. Christine Klein May 14, 1993 Page 2 exercised its opportunity at the conference and timely appealed to the Commission when the Division issued its order and penalty assessment. Accordingly, enforcement is stayed under C.R.S. 25- 7-115(4) (b) . Your reading of section 25-7-122.6 completely reads (4) (b) out of the statute, contrary to the Legislature' s obvious decision, see p. 1218, lines 4 and 5, to preserve the stay provision of that section. To read the statute any other way would irreparably harm Northern Colorado Brine, especially since Weld County and the Division are applying the 15/1 standard, rather than the 127/1 standard. This is an issue specifically raised in the hearing request of May 4, 1993. No irreparable harm will result to human health, welfare, or the environment by issuance of a stay in these circumstances. Recent readings by the weld County Health Department and a certified scentometer reader employed by Northern Colorado Brine has demonstrated compliance with even a 15/1 standard. Northern Colorado Brine hereby requests that, should the Commission agree with your interpretation of the stay provisions, that the commission issue an order staying enforcement of the compliance orders and penalty assessments which are now on appeal to it by Northern Colorado Brine. Pursuant to section 25-7-122.6 this request is made hereby in the form of a motion to the Commission and, according to (4) stays the Division's order pending determination by the Commission. By copy of this letter to Mr. Palomba and the Commission we hereby make this motion and ask for written confirmation of the time when this motion will be heard by the Commission. Sincerely, 7 L Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C cc: Mr. Joe Palomba Air Quality Control Commission Chairperson Harbert Mr. Morrison Mr. Pickle MAY 17 '93 10: 27 3038324465 PAGE . 003 CX. f Z HT&R 'x : 3038324465 MAY l ' '93 10 :27 Na .003 P .04 FhLPI:motored IU+ apao.ae•1VOa re .HO ♦aa., .warn nee• -.oa "rt GEN A.Norton �l)P fittttr of OIolnrahu sTATh IIRVI0O WILDING Attorney Oennl DEPARTMENT OF LAW ism ihejloon Me Mh new Au mend 'Laughter Denwr, ;SIN 11020$ omen er TM Arrom"aT r r an .e r'e�!-7N Chief Wool Mornay Gown1 Timothy M.Tym M �1kovlu 5ollctior OenevN May 14, 1993 Gregory J.J Hobbs, Jr. Hobbs, Trout & Raley, P.C. 1775 Sherman Street, suite 1300 Denver, Colorado a0203 RBI Northern Colorado Brine Dear crags Thank you for sending ma a copy of your letter of May 13, 1993 to Chairperson Connie Harbert, Mr. Les Morrison, and Mr. John Pick- le. In that letter, you ■t#tad that Northern Colorado had filed a request for hearing before the Colorado Air Quality Control Conniption, oentesting tlleged violations of Regulation No. 2 and Air Enission Permit No. 90WE161 as set forth in compliance orders issued by the Air Pollution Control Division ("the Divi- sioti") • You asserted that pursuant to S 25-7-115(4) (b) , C.R.S. , the request. tor hearing stayed all natters related to these compli- ance orders and that the Weld County commissioners may not con- sider any issues related to violations of odor control regula- tions or air permits at the hearing scheduled for Nay 19, 1993. T express no opinion as to the scope of authority of the Weld County Commissioners. However, as the Division's attorney with respect to Northern Colorado Brine's appeal of the Division's compliance orders, I an writing this letter to avoid any miseul- caption concerning the Division's legal position. In my view, no stay is in effect concerning the Division's cow- pliance orders. Although S 25-7-115(4) (b) purports to create an automatic stay, that section has boon effectively amended by S 25-7-122.6 (effeotive July 1, 1992) . Contrary to the stat- utory provision upon which you rely, S 25-7-122.6 provides • that no stay will be granted without an explicit petition requesting a stay, dsmonstratinq probable cause to believe that the Savant will suffer irreparable harm if the Motion is denied; MAY 17 ' 93 I0! 28 3038324465 PAGE . 004 Ek, cr HT&R "n :3038324465 MAY 1- '93 10 :28 No .003 P .05 r,ailI•nacural lu• JCJOJLMMO.I rn IM, SJOJ S•Jwrri K7ds r.aa Gregory J. Hobbs, Jr. Page 2 • that there will be no irreparable harm to human health, Welfare, or the environment if the motion is granted; and that the swank will succeed on the merits of its Case. In the case of a poten- tial conlliot botween two statutory provisions, I believe that the more spscific, 'most-recently enacted provision controls. If you have any questions er if you would like to discuss this matCsr further, please do not hesitate to oall me. sincerely, Ci.. .i A CHRISTINE A. KLEIN Assistant Attorney general Natural Resources Section (303) 866-3129 cc: Connie Harbert, Weld County Commissioners Lee Morrison, Weld County Attorney's Office John Pickle, weld County Health Department Dave Ouimette, Air Pollution Control Division • • • AG piss No. 19317338.104 • MAY 17 ' 93 10: 26 3038324485 PAGE . 005 Ex . Ec h/ HT&R '1 :3038324465 MAY 1 "'93 10 :28 No .003 P .06 Ch. 179 Health 1217 IN THIS SUBSECTION (2). SPECIAL EMPHASIS IN THE REPORT SHALL BE GIVEN TO ACCOMPLISHING THE REQUIREMENTS OF THIS ARTICLE IN THE MOST EFFICIENT MANNER POSSIBLE WITH THE FEWEST PTE'S. 25-7.114.8. Permit fee credits.THE COMMISSION SHALL ADOPT AN EMISSION REDUCTION PERMIT FEE CREDIT PROGRAM FOR PER- MITTEES THAT REDUCE THEIR BASELINE REGULATED POLLU- TANTS. SUCH PROGRAM SHALL PROVIDE ECONOMIC INCENTIVES FOR PERMITTEES TO PARTICIPATE AND PROVIDE FOR VERIFICATION OF THE ACTUAL EMISSION REDUCTIONS. THE BASELINE FOR PURPOSES OP CALCULATING THE EMISSION REDUCTION CREDIT SHALL BE SET SO THAT PERMTITEES THAT EMIT THE SAME POLLUTANTS SHALL NOT BE PENAL TZPI FINAN- CIALLY FOR HAVING UTILIZED EMISSION CONTROL TECHNOL- OGY STRATEGIES EARLIER THAN 1969. "REGULATED POLLUTANT" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION 25-7-114.7(1)(b). ton 19. 25-z (1)(a),(2),(3)(b), (3)(c), nd the introductory por- ion to 25-7-115 (4) (a , olorado Revised Statutes, 1989 Rept. Vol., are 25.7415. Enforcement. (I) (a) The division shall enforce compliance with the emission control regulations of the commission, the requirements of the state implementation plan, and the provisions of parts 1 to 4 of this article, INCLUDING TERMS AND CONDITIONS OF ANY PERMIT REQUIRED PURSUANT TO THIS ARTICLE (2) If a written and verified complaint is filed with the division alleging that,or if the division itself has cause to believe that, any person is violating or failing to comply with any regulation of the commission issued pursuant to parts I to 4 of this article, order issued pursuant to section 25-7-118, requirement of the state implementation plan, provision of parts 1 to 4 of this article, er INCLUDING ANY term or condition of a permit required pursuant to part 2 or 3 of this article, the division shall cause a prompt investigation to be made; and, if the division investiation determines that any such violation or failure to comply exists,the division shall send written netiee-ter ACT EXPEDITIOUSLY AND WITHIN THE PERIOD PRE- SCRIBED BY LAW IN FORMALLY NOTIFYING the owner or operator of such air pollution source alter the discovery of the alleged violation or noncompliance. within-such expressly required or authorised by law. Such notice shall specify the provi- sion alleged to have been violated or not complied with and the facts alleged to constitute the violation or noncompliance. (3) (b) If, after any such conference, a violation or noncompliance is determined to have occurred, the division shall issue an order requiring the owner or operator or any other responsible person to comply, unless the owner or operator demonstrates that such violation occurred during a period of start-up, shutdown, or malfunction, AND TIMELY NOTICE WAS GIVEN TO THE DIVISION OF SUCH CONDITLON. SUCH ORDER MAY INCLUDE TERMINATION, MODIFICATION,OR REVOCATION MAY 17 ' 93 10: 29 3038324465 PAGE. 006 Ex , EC HT&R -1 :3038324465 MAY 1'93 10 :29 No .003 P .07 1218 Health Ch. 179 AND REISSUANCE OF THE SUBJECT PERMIT AND THE ASSESS- MENT OF CIVIL PENALTIES IN ACCORDANCE WITH SECTION 25.7-122• Such order may also require the tion of a noncom.Han under subsection(5 of this sect'• . Unless oree .r . its o • r s • as •Ti TIT 1•!ela•:11 rt '.1 .) .f -h . , 4 maysee e on or - -122, of the applicable regulation of the commission, order issued pursuant to aeetiea SECTIONS 25-7-121 OR 25-7-122 OF THE APPLICABLE REGU- LATION OF THE COMMISSION ORDER ISSUED PURSUANT TO SECTION 25-7-118,requirement of the state implementation plan,provision of this article,or terms or conditions oh a permit required pursuant to section 25 7 114 (4) (g) THIS ARTICLE in the district court for the district where the affected air pollution source is located. The court shall issue an appropri- ate order, which may include a schedule for compliance by the owner or operator of the source. (c) The order for compliance shall vet forth with specificity the final determination of the division regarding the nature and extent of the violation or noncompliance by the named persons and facilities and shall also include, by reference, a summary of the proceedings at the conference held after the notice of violation and an evaluation of th• evidence could . •• . . 4- THI UBSECTION(3)WHICH IS NOT REVIEWED BY ED R COMMIS- SION IN ACCORDANCE WITH THE PROVISIONS OP SUBSECTION (4)OF THIS SECTION SHALL BECOME FINAL A 4 W. as . ago . +,in wenty calm• r days after receipt of an order issued pursuant to subsection(3)of this section, the recipient thereof may file with the commission a written petition requesting a hearing to determine all or any of the following: (I) (A) Whether the alleged violation or noncompliance exists or did exist; (II) (B) Whether a revision of the state implementation plan or revision of a regulation or standard which is not part of the state implementation plan should be implemented with respect to such violation or noncompli- ance; (W) (C) Whether the owner or operator is subject to CIVIL OR noncom- pliance penalties under subsection(3)of this section. (II) SUCH HEARING SHALL ALLOW THE PARTIES TO PRESENT EVIDENCE AND ARGUMENT ON ALL. ISSUES AND TO CONDUCT CROSS-EXAMINATION REQUIRED FOR FULL DISCLOSURE OF THE FACTS AND SHALL OTHERWISE BE CONDUCTED IN ACCORD- ANCE WITH SECTION 25.7.119. Section 20. 25-7.118(1),(5)(a),and(7),Colorado Revised Statutes, 1989 Repl.Vol.,are amended to reS: 25-7-118. Delayed compliance orders.(1) The division may,after notice and an opportunity for a public hearing, issue an order for any stationary source which specifies a date for final compliance with any requirement of the state implementation plan NOT later than the date for attainment of MAY 17 ' 93 10:30 3038324465 PAGE . 007 Cx. Er �' HT&R "'1 :3038324465 MAY r '93 10 :29 No .003 P .08 Ch. 179 Health 1221 (a) Any-person who vialatos any fi..al older of the division or commission twepas'mad?ln+uant-1*thin article and not subject to a Clay goading cdminiatsa- (b) Any person who violates tho-roquiractents of section 25 7 III (Cy r!M0dint-oenstntatioa, madifeatlonr or eoi moaoertont of optrution-ef-aa ese6-a'nma►it ANY REQUIREM OR PROHIBITION OF AN APPLI- CABLE EMISSION CONTROL REGULATION OF THE COMMISSION, THE ANY PROVISATE O FOR HE PREVENTION OOF SIGNIFICANT NSTRUCTION DETERI- ORATION UNDER PART 2 OF THIS ARTICLE, ANY PROVISION RANY PROTED VISION OF SECTIENT ONER PART 3 25-7-1105 25 7-10IS25--ARTICLE,OR 6.3, 25-7-106.8, 25.7-106.9, 25-7-108, 25-7-109, 25-7-111, 25.7-112, 25-7-113. 25-7-114.2, 25-7-114.5. 25-7-118, 25-7-135 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 25.7407.5, 25-7-602, 125-7-602.5, 25.7-603, 25-7-604, 25-7-605, 25-7-607 OR 25-7408, shall be subject to a civil penalty of not more than twenty-Two FIFTEEN thousand dollars per day for each day of CEPT THAT ERE SHALL BE NO CIVIL PENALTIES ASSESSED OR COLLECTED AGAINST PERSONS WHO VIOLATE EMISSION REGULATIONS PROMULGATED BY THE COMMISSION FOR THE CONTROL OF ODOR UNTIL A COMPLIANCE ORDER ISSUED PUR- SUANT TO SECTION 25-7.115 AND ORDERING COMPLIANCE WITH THE ODOR REGULATION HAS BEEN VIOLATED. EH 25-7-11 1 shall be subject to a civil ne of o of re than 25 7 E hundred dollars. j penalty of not more than eae FIVE (d) ANY PERSON WHO VIOLATES ANY REQUIREMENT, PRO- HIBITION, OR ORDER RESPECTING AN OPERATING PERMIT ISSUED PURSUANT TO SECTION 25-7-114.3,INCLUDING BUT NOT LIMITED TO ATE IN COMPLIANCE CE TO OBTAIN BANY TERM�OR CONDITION A PERMIT TO OED UNDER SECTION 25 TO 1 PAY 2 OR THE PERMIT A VIOLATIONE OF SECTION 25-7-109.6 SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIFTEEN THOUSAND DOLLARS PER DAY FOR EACH VIOLATION. (2) • _ _the cariousness of the violation, and other roles 4.141-4*(41:1RMININC)THE AMO OF ANY P444eENALTY, THE FOLLOWING FACTORS SHALL BE CONSIDERED: • MAY 17 '93 10: 30 3038324465 PRGE . 008 tk . ,Ec 7 HT&R "':3038324465 MAY 1"93 10 :30 No .003 P .09 a. 1179 Health 1227 (e) "SERIOUS BODILY INJURY"MEANS BODILY INVOLVES A SUBSTANTIAL RISK OF DEATH, UNCONSCIOUSNESS, U RY WHICH EXTREME PHYSICAL PAIN, PROTRACTED AND OBVIOUS DISFIG- UREMENT. OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF A BODILY MEMBER, ORGAN. OR MENTAL FAC- ULTY. 25-7-1224. Administrative and Judicial stays (1) EXCEPT WITH RESPECT TO EMERGENCY ORDERS ISSUED PURSUANT TO SEC- TIONS 25-7.112 AND 23.7.113, AND DELAYED COMPLIANCE ORDERS ISSUED PURSUANT TO SECTION 25-7-118, ANY PERSON TO WHOM AN ORDER HAS BEEN ISSUED BY THE DIVISION OR THE COMMISSION, OR AGAINST WHOM AN ADVERSE DETERMI- NATION HAS BEEN MADE, MAY PETITION THE COMMISSION OR THE DISTRICT COURT FOR THE DISTRICT IN WHICH IS LOCATED THE Alit POLLUTION SOURCE AFFECTED, AS APPROPRIATE, FOR A STAY OF THE EFFECTIVENESS OF SUCH ORDER OR DETERMI- NATION. (2) SUCH PETITIONS MAY BE FILED PRIOR TO ANY SUCH ORDER OR DETERMINATION BECOMING FINAL OR DURING ANY PERIOD IN WHICH SUCH ORDER OR DETERMINATION IS UNDER JUDICIAL REVIEW. . (3) SUCH STAY SHALL BE GRANTED IF THERE S PROBABLE CAUSE TO BELIEVE: (a) THAT THE MOVANT WILL SUFFER IRREPARABLE HARM IF THE MOTION IS DENIED; (bHEALTH,THAT WILL HUMAN WELFARE, ENVIRONMENT IF THE MOTION IS GRANTED;AND THAT THE MOVANT WILL SUCCEED ON THE MERITS OF ITS CASE. (4) SUCH ORDER SHALL BE STAYED PENDING A FINAL DETER- MINATION OF THE PETITION. 1. Statists of limitations - penalty assessment - criteria. COM- (1) (a) WITHIN FION VE YEARS OFRSUANT TO THIS SECTION OCCURRENCE OF THE ALLEGED VIOLATION IS TIME BARRED. (b) WITHOUT EXPANDING THE STATUTE OF LIMITATIONS CONTAINED IN PARAGRAPH (a) OF THIS SUBSECTION (1), ANY ACTION PURSUANT TO THIS ARTICLE, EXCEPT THOSE COM- MENCED PURSUANT TO SECTION 25-7-122 (1) (d) OR 25-7-122.1 (I) (c), WHICH IS NOT COMMENCED WITHIN EIGHTEEN MONTHS OF THE DATE UPON WHICH THE DIVISION DISCOVERS THE ALLEGED VIOLATION IS TIME BARRED. FOR PURPOSES OP THIS SECTION, THE DIVISION DISCOVERS THE ALLEGED VIOLATION WHEN IT LEARNS OP THE ALLEGED VIOLATION OR SHOULD HAVE LEARNED OF THE ALLEGED VIOLATION BY THE EXERCISE MAY 17 ' 93 10: 31 3030324465 PAGE . 003 CK . cE HTaR :3038324465 MAY 1- '93 10 :25 No .003 P .01 HOBBS, TROUT & RALEY, P.C. Attorneys at Law Suite 1300 1775 Sherman Street DENVER, COLORADO 60203 Telephone: 303/861-1963 Facsimile: 303/832-4465 rPx TRANSMITTAL TO: Ms. Constance Harbert FAX NO. : 1/352-0242 COMPANY: Chairperson. Weld County CONFIRMING NO. : 1/356-4000 Commissioners FROM: 9reg Hobbs EXTENSION No. : 123 DATE: _ 571% . 3993 TOTAL NO. OF PAGES: 7 CLIENT NAME/MATTER NO. : DOO 1 -00? IF YOU EXPERIENCE TROUBLE WITH THIS TRANSMISSION, PLEASE CALL AS SOON AS POSSIBLE: 303/861-1963, EXT. 132 OR 120 [PAX: 303/832-4465] The information contained in or attached to this FAX go is intended only for the gontidentiaj use of the individual(s) named above. IT you are not the named recipient or an agent responsible for delivering it to the named recipient, you are hereby notified that you have received this document in error and that review, dissemination or copying of this communication is prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original documents to us by mail. Thank you. YvvvYYYYYTYYY — MESSAGE — Vvn,YYYYYVYY MAY 17 ' 93 10: 26 3038324465 PAGE . 001 Ek , 1-re- 7 Weld County Commissioners PO Box 758 Greeley, CO 80632 Commissioners: When E-VAP opened , one of the reasons it was approved was to prevent the dumping of brine and production water, as many feared that dumping might be damaging the ground water of Weld County. Closing Northern Colorado Brine now would be taking a step backwards, as there is now more brine and production water being produced than ever before. Don't close NCB when it is most needed. Continue to protect the ground water of Weld County by voting to keep Northern Colorado Brine open! Respectfully submitted, 4.4.4„ CL)ater W/1<6#7/5 Dye. 5 6."-s .nc , P.D Roy l�3 Ft Lai,kit, Co b'0(oit 303-1,50-91'11 Rebe_rf /2. ,cet //oo Exh/h/A 15/) z3erc /"77-/ /2. 940056 Ai DJR WELL SERVICE, INC. 1357 FACTORY CIRCLE I FT. LUPTON, COLORADO 80621 (303) 659-8007 I i. •- "S' . a Weld County Commissioners PO Box 578 Greeley, Colorado 80632 To the Commissioners: Northern Colorado Brine is badly needed in Weld County. During the past few months, NCB has provided a great service to the people of Weld County by disposing safely of the huge amounts of brine produced in the oil fields. Mr. Cervi has made sure that there was a safe place for brine disposal. He protected the environment of Weld County, and allowed the oil and gas industry to continue to provide jobs and revenue for the citizens of Weld County. You owe it to the people of Weld County to do everything in your power to keep Northern Colorado Brine open and operating at capacity. Sincerely. 'i24r, AzG "' -6/d 940056 4 DJR WELL SERVICE, INC 1357 FACTORY CIRCLE FT. LUPTON, COLORADO 80621 gig (303) 659-8007 Weld County Commissioners PO Box 578 Greeley, Colorado 80632 To the Commissioners: Northern Colorado Brine is badly needed in Weld County. During the past few months, NCB has provided a great service to the people of Weld County by disposing safely of the huge amounts of brine produced in the oil fields. Mr. Cervi has made sure that there was a safe place for brine disposal. He protected the environment of Weld County, and allowed the oil and gas industry to continue to provide jobs and revenue for the citizens of Weld County. You owe it to the people of Weld County to do everything in your power to keep Northern Colorado Brine open and operating at capacity. j� J NC-4Sicerely. S" 1 SA,ANN) .l 94OO056 Ex' 1);6/ 6' cc ; 1--�cc ,/02 ,Hz_ 4i. DJR WELL SERVICE, INC. 1357 FACTORY CIRCLE FT. LUPTON, COLORADO 80621 (303) 659-8007 * ,te Weld County Commissioners PO Box 578 Greeley, Colorado 80632 To the Commissioners: Northern Colorado Brine is badly needed in Weld County. During the past few months, NCB has provided a great service to the people of Weld County by disposing safely of the huge amounts of brine produced in the oil fields. Mr. Cervi has made sure that there was a safe place for brine disposal. He protected the environment of Weld County, and allowed the oil and gas industry to continue to provide jobs and revenue for the citizens of Weld County. You owe it to the people of Weld County to do everything in your power to keep Northern Colorado Brine open and operating at capacity. Sincerely. AC I?(1 d. I Jk al i cJ 940056 �X�l i�717- -�/� c ta,Acc , A2 , / DJR WELL SERVICE, INC' 1357 FACTORY CIRCLE FT. LUPTON, COLORADO 80621 -_ (303) 659-8007 Weld County Commissioners PO Box 578 Greeley, Colorado 80632 To the Commissioners: Northern Colorado Brine is badly needed in Weld County. During the past few months, NCB has provided a great service to the people of Weld County by disposing safely of the huge amounts of brine produced in the oil fields. Mr. Cervi has made sure that there was a safe place for brine disposal. He protected the environment of Weld County, and allowed the oil and gas industry to continue to provide jobs and revenue for the citizens of Weld County. You owe it to the people of Weld County to do everything in your power to keep Northern Colorado Brine open and operating at capacity. Sinter 940056 X171h1i ti Cc : etc,«, 7h 4i DJR WELL SERVICE, INC. It e. 1357 FACTORY CIRCLE FT. LUPTON, COLORADO 80621 lc (303) 659-8007 :, s' Weld County Commissioners PO Box 578 Greeley, Colorado 80632 To the Commissioners: Northern Colorado Brine is badly needed in Weld County. During the past few months, NCB has provided a great service to the people of Weld County by disposing safely of the huge amounts of brine produced in the oil fields. Mr. Cervi has made sure that there was a safe place for brine disposal. He protected the environment of Weld County, and allowed the oil and gas industry to continue to provide jobs and revenue for the citizens of Weld County. You owe it to the people of Weld County to do everything in your power to keep Northern Colorado Brine open and operating at capacity. Sincerely. C_ -- Dorothy Gandelman What is the alternative disposal method, if we do not have the brine system. Do we shut down oil production? 940056 7-kik u. - & kakyP r. Attorneys At Law 1 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 Ext. 123 May 13, 1993 Ms . Connie Harbert Chairperson weld County Commissioners P.O. Box 758 915 10th Street Greeley, Colorado 80632 Mr. Lee Morrison Weld County Attorney' s Office 915 10th Street P.O. Box 758 Greeley, Colorado 80632 Mr. John Pickle Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 80631 Re: Alleged Odor and Air Emission Permit Violations- -Northern Colorado Brine, Weld County Dear Chairperson Harbert, Mr. Morrison, and Mr. Pickle: By request for hearing dated May 4, 1993 and February 18, 1993 , filed with the Colorado Air Quality Control Commission (see attached letter dated May 4, 1993) Northern Colorado Brine has contested all alleged violations of Regulation No. 2 and Air Emission Permit No. 90WE161 brought against its Weld County facility by the Weld County Health Department and the Colorado Air Quality Control Division. Pursuant to C.R. S . 25-7-115 (4) (b) the filing of these hearing requests has stayed all matters related to the enforcement of Regulation No. 2 and Air Emission Permit No. 90WE161 pending the Air Commission' s hearing and determination which has been set for August 20, 1993 . The provisions of C.R. S. 25-7-115 (4) (b) pre-empt any other body, including the Weld County Commissioners and the Weld County Health Department from finding Northern Colorado Brine to be in violation of the odor control standards of the State of Colorado 940056 xh��r � X cc : 23e,e c /1s Chairperson Harbert, Mr. Morrison, Mr. Pickle Page 2 May 13, 1993 or the State Air Emissions Permit for the Weld County facility. Accordingly, the issues before you in any matter which involves odor control regulation violation or air emission permit violation are stayed pending the Air Commission' s review and decision, including any such issues which are before you in connection with your scheduled May 19, 1993, hearing regarding the special use permit for the facility. Northern Colorado Brine and the Air Quality Control Division are currently conducting discussions, which have included representatives of the Weld County Health Department, regarding the installation of new and expensive water treatment and odor emissions control equipment at the Weld County facility. The installation of this equipment will be designed to meet Regulation No. 2 of the Commission on a reliable and continuous basis by removing the substances which produce odors . In the interim, Northern Colorado Brine has expended approximately $140, 000 . 00 on odor abatement measures . Recent readings of the Weld County Health Department and by the certified scentometer reader of Northern Colorado Brine have shown compliance with Regulation No. 2 . Installation of the new water treatment and odor control equipment would allow Northern Colorado Brine to treat 300, 000 barrels of brine water per month without violating the odor control regulations while serving the needs of Weld County oil and gas producers . However, it is not economical to install this new water treatment and odor emissions control system in absence of approval by Weld County and the Air Quality Control Division. We are confident these matters can be resolved to the benefit of the public interest, which includes the public interest in compliance with Regulation No. 2 regarding odor control and the public interest in oil and gas production in Weld County. While these matters are being resolved, however, Colorado law prohibits finding Northern Colorado Brine to be in violation of Regulation No. 2 or Air Emission Permit No. 90WE161. Sincerely, rhLr Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P. C. cc: Ms . Christine Klein, Assistant Attorney General z< x 940056 4 7101/4-7- / AliA / P v Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 May 4, 1993 Air Quality Control Commission Ms . Christine A. Klein APCD-CC-B1 Assistant Attorney General Colorado Department of Health Natural Resources Section 4300 Cherry Creek Drive South 1525 Sherman St . , 5th Floor Denver, Colorado 80222-1530 Denver, Colorado 80203 Air Quality Control Division weld County Health Department APCD-ADM-B1 1517 16th Avenue Court Colorado Department of Health Greeley, Colorado 80631 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 Re: Certified Letter No. P 860 424 449 , Compliance Order and Assessment of Civil Penalty, and Certified Letter No. P 860 424 448, Denial of Permit Modification Application, Northern Colorado Brine, Weld County Dear Sirs and Ms . Klein: Northern Colorado Brine appeals to the Colorado Air Quality Control Commission and requests a hearing and dismissal of all allegations, complaints, penalty assessments, notices of violations and compliance orders issued by the State of Colorado and/or Weld County with regard to Regulation No. 2 of the Air Quality Control Commission , Emissions Permit No. 90WE161, the Colorado Air Quality Control Act, and the State Implementation Plan for the State of Colorado. Northern Colorado Brine also appeals the denial of a permit modification application with regard to the production limitation contained in permit no. 90WE161. This request for hearing and dismissal includes those matters contained in the April 21, 1993 "Compliance Order and Assessment of Civil Penalty" issued to Northern Colorado Brine and the Notices of Violation and Compliance Orders Dated February 1, 1993 , January 26, 1993 , and February 3 , 1993 , which are the subject of a hearing request filed on behalf of Northern Colorado Brine on February 18, 1993 . This request for hearing also challenges the denial of the permit modification to increase production also dated April 21, 1993 , and requests that the permit modification be granted. Lic;< . X 940056 A hearing has been set by the Air Quality Control Commission for August 20 , 1993 , and we ask that all such matters be consolidated for hearing on August 20, 1993 . Pursuant to C.R. S 25-7-115 (4) (b) , the filing of this hearing request, together with the filing of the February 18, 1993 , hearing request, stay all matters relating to the alleged violations and non-compliance of the facility with regard to air emission and permit matters pending hearing and disposition by the Commission. Northern Colorado Brine requests a hearing as to whether the violations exist, or did exist, and whether a compliance order or compliance schedule should be issued, whether any penalties should be assessed, and whether the State Implementation Plan should be revised to delete Regulation No. 2 from the State Implementation Plan. Northern Colorado Brine also requests that the permit modification to increase production be granted. Grounds for the hearing include the following: 1. Weld County, and the State of Colorado have been utilizing the provisions of Regulation No. 2 A. 2 . (15-1) for enforcement purposes for this facility, whereas the applicable standard is found in Regulation No. 2 A. 3 . a. & b. (best practical treatment, maintenance, and control currently available/127-1) . 2 . The facililty has employed and is employing best practical treatment, maintenance, and control currently available. 3 . The scentometer utilized for the inspections by Weld County and the State of Colorado has not been properly calibrated, maintained, repaired, and/or operated for the purpose of ascertaining compliance with Regulation No. 2 . 4 . Weld County and the State of Colorado have recorded and documented inspections which demonstrate that the facililty is in compliance with Regulation No. 2, have refused to take such documentation into consideration in issuing the compliance orders and penalty assessments, and have failed to provide such exculpatory evidence to Northern Colorado Brine, in violation of an agreement made at the enforcement conference concerning alleged violations held on March 8 and despite requests made under Colorado' s Public Records Act for such public records. 5 . Processing of the permit modification to increase production has been suspended, contrary to the Colorado Air Quality Control Act and regulations governing permits and permit modifications, in aid of the enforcement action. The production limitation of emission permit no. 90WE161 was not intended to be related to odor emissions or compliance with regulation No. 2, 2 . EA , X 940056 t/ the permit modification application was properly submitted and should have been granted, and the refusal to process the application and grant the permit modification is based upon alleged violations and compliance orders which have not been proved and are subject to hearing by the Air Commission. 6 . Northern Colorado Brine has been denied its statutory and Colorado and United States Constitutional due process rights to a fair hearing and presumption of innocence. The Air Commission has exclusive jurisdiction to determine whether the alleged violations occurred and whether a civil penalty should be assessed, yet the State and Weld County have taken actions which presume the guilt of Northern Colorado Brine, even though a proper hearing request has been filed with the Commission and all matters of alleged violation and non-compliance of the Colorado Air Act, Regulation no. 2, and permit no. 90WE161 are stayed by law pending hearing and disposition by the Air Quality Control Commission pursuant to C.R.S . 25-7-115 (4) (b) . 7 . Northern Colorado Brine has undertaken an abatement plan presented to Weld County and the State of Colorado Department of Health at the enforcement conference on March 8, 1993 . Pursuit of the abatement plan has resulted in an expenditure of over $80, 000 . 00, yet the Weld County and Colorado Health Departments, after asking for and receiving the plan and stating that the disposition of the enforcement conference would include surveying the sources with control equipment of the kind Northern Colorado Brine intended to install, issued the compliance order, penalty assessment, and denial of permit modification application without surveying such sources or honoring Northern Colorado Brine' s letter of March 18, 1993, attached, or taking Northern Colorado Brine' s good faith actions into account. 8 . Regulation no. 2 is not properly part of the State Implementation plan in light of C.R.S . 25-7-105 . 1 and must be removed from the State Implementation Plan. 9 . A standard of limited applicablity should be adopted by the Commission which provides that the Northern Colorado Brine facility is subject to best practical treatment, maintenance, and control currently available in lieu of all other provisions of Regulation no. 2 . Is . Northern Colorado Brine reserves the right to present additional grounds and issues at the hearing as the same may be discovered or ascertained. 3 . f x X 940056 ,5 Dated this 4th Day of May, 1993 . Respectfully submitted, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P.C. c. Mr. Mike Cervi Ms. Patty DePlazes 4 . 94005s 6 HT&R '^ :3038324465 MAY l ' '93 12 :39 No .012 P .02 7426kraillt&ASPC Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (803)852-4465 8xt. 123 May 13, 1993 Ms. Connie Harbert Chairperson Weld County Commissioners P.O. Box 758 915 10th Street Greeley, Colorado 80632 Mr. Lee Morrison Weld County Attorney's Office 915 10th Street P.O. Box 758 Greeley, Colorado 80632 Mr. John Pickle Weld County Health Department 1517 16th Avenue Court Greeley, Colorado 80631 Re: Alleged Odor and Air Emission Permit Violations- -Northern Colorado Brine, Weld County Dear Chairperson Harbert, Mr. Morrison, and Mr. Pickle: By request for hearing dated May 4, 1993 and February 18, 1993, filed with the Colorado Air Quality Control Commission (see attached letter dated May 4, 1993) Northern Colorado Brine has contested all alleged violations of Regulation No. 2 and Air Emission Permit No. 90W8161 brought against its Weld County facility by the Weld County Health Department and the Colorado Air Quality Control Division. Pursuant to C.R.S. 25-7-115 (4) (b) the filing of these hearing requests has stayed all matters related to the enforcement of Regulation No. 2 and Air Emission Permit No. 90148161 pending the Air Commission's hearing and determination • which has been set for August 20, 1993. The provisions of C.R.S. 25-7-115(4) (b) pre-empt any other body, including the Weld County Commissioners and the Weld County Health Department from finding Northern Colorado Brine to be in violation of the odor control standards of the State of Colorado MAY 13 ' 93 12: 40 3038324465 PAGE . 002 Exh1b,'f X 940056 HT&R 'x :3038324465 MAY 17 '93 12 :40 No .012 P .03 Chairperson Harbert, Mr. Morrison, Mr. Pickle Page 2 May 13, 1993 or the State Air Emissions Permit for the weld County facility. Accordingly, the issues before you in any matter which involves odor control regulation violation or air emission permit violation are stayed pending the Air Commission's review and decision, including any such issues which are before you in connection with your scheduled May 19, 1993, hearing regarding the special use permit for the facility. Northern Colorado Brine and the Air Quality Control Division are currently conducting discussions, which have included representatives of the Weld County Health Department, regarding the installation of new and expensive water treatment and odor emissions control equipment at the Weld County facility. The installation of this equipment will be designed to meet Regulation No. 2 of the Commission on a reliable and continuous basis by removing the substances which produce odors. In the interim, Northern Colorado Brine has expended approximately $140,000.00 on odor abatement measures. Recent readings of the Weld County Health Department and by the certified scentometer reader of Northern Colorado Brine have shown compliance with Regulation No. 2. installation of the new water treatment and odor control equipment would allow Northern Colorado Brine to treat 300, 000 barrels of brine water per month without violating the odor control regulations while serving the needs of weld County oil and gas producers. However, it is not economical to install this new water treatment and odor emissions control system in absence of approval by Weld County and the Air Quality Control Division. we are confident these matters can be resolved to the benefit of the public interest, which includes the public interest in compliance with Regulation No. 2 regarding odor control and the public interest in oil and gas production in Weld County. While these matters are being resolved, however, Colorado law prohibits finding Northern Colorado Brine to be in violation of Regulation No. 2 or Air Emission Permit No. 90198161. Sincerely, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, p.C. cc: Ms. Christine Klein, Assistant Attorney General • MAY 13 ' 93 12: 41 3036324465 PAGE . 003 Fx . X 940056 HT&R -1 :3038324465 MAY 17 '93 12 :40 No .012 P .04 7-426k. That& Rib.€491:7? C Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 May 4, 1993 Air Quality Control Commission Ms. Christine A. Klein APCD-CC-B1 Assistant Attorney General Colorado Department of Health Natural Resources Section 4300 Cherry Creek Drive South . 1525 Sherman St. , 5th Floor Denver, Colorado 80222-1530 Denver, Colorado 80203 • Air Quality Control Division weld County Health Department APCD-ADM-H1 1517 16th Avenue Court Colorado Department of Health Greeley, Colorado 80631 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 • Re: Certified Letter No. P 860 424 449, Compliance Order and Assessment of Civil Penalty, and Certified Letter No. P 860 424 448, Denial of Permit Modification Application, Northern Colorado Brine, Weld County Dear Sirs and Ms. Klein: Northern Colorado Brine appeals to the Colorado Air Quality control commission and requests a hearing and dismissal of all allegations, complaints, penalty assessments, notices of violations and compliance orders issued by the State of Colorado and/or Weld County with regard to Regulation No. 2 of the Air Quality Control Commission , Emissions Permit No. 90WE161, the Colorado Air Quality Control Act, and the State Implementation Plan for the State of Colorado. Northern Colorado Brine also appeals the denial of a permit modification application with regard to the production limitation contained in permit no. 90WE161. This request for hearing and dismissal includes those matters contained in the April 21, 1993 "Compliance Order and Assessment of Civil Penalty" issued to Northern Colorado Brine and the Notices of Violation and Compliance Orders Dated February 1, 1993, January 26, 1993, and February 3, 1993, which are the subject of a hearing request filed on behalf of Northern Colorado Brine on February 18, 1993 . This request for hearing also challenges the denial of the permit modification to increase production also dated April 21, 1993, and requests that the permit modification be granted. MAY 13 ' 93 12: 41 3038324465 PAGE . 004 EX, X 940056 ct HT&R x :3038324465 MAY l ' '93 12 :41 No .012 P .05 • A hearing has been set by the Air Quality Control Commission .. for August 20, 1993, and we ask that all such matters be consolidated for hearing on August 20, 1993. pursuant to C.R.$ 25-7-115(4) (b) , the filing of this hearing request, together with the filing of the February 18, 1993, hearing request, stay all matters relating to the alleged violations and non-compliance of the facility with regard to air emission and permit matters pending hearing and disposition by the Commission. Northern Colorado Brine requests .a hearing as to whether the violations exist, or did exist, and whether a compliance order or compliance schedule should be issued, whether any penalties should be assessed, and whether the State Implementation Plan should be revised to delete Regulation No. 2 from the State Implementation Plan. Northern Colorado Brine also requests that the permit modification to increase production be granted. Grounds for the hearing include the following: I. Weld County. and the State of Colorado have been utilizing the provisions of Regulation No. 2 A. 2. (15-1) for enforcement purposes for this facility, whereas the applicable standard is found in Regulation No. 2 A. 3. a.& b. (best practical treatment, maintenance, and control currently available/127-1) . 2. The facililty has employed and is employing best practical treatment, maintenance, and control currently available. 3. The scentometer utilized for the inspections by Weld County and the State of Colorado has not been properly calibrated, maintained, repaired, and/or operated for the purpose of ascertaining compliance with Regulation No. 2. 4. Weld County and the State of Colorado have recorded and documented inspections which demonstrate that the facililty is in compliance with Regulation No. 2, have refused to take such documentation into consideration in issuing the compliance orders and penalty assessments, and have failed to provide such exculpatory evidence to Northern Colorado Brine, in violation of an agreement made at the enforcement conference concerning alleged violations held on March 8 and despite requests made under Colorado' s public Records Act for such public records. 5. Processing of the permit modification to increase production has been suspended, contrary to the Colorado Air Quality Control Act and regulations governing permits and permit modifications, in aid of the enforcement action. The production limitation of emission permit no. 90W8161 was not intended to be related to odor emissions or compliance with regulation No. 2, 2. MAY 13 ' 93 12: 42 3038324465 PRGE . 005 Ex _ x 940056 `/ HT8R "x :3038324465 MAY l ' '93 12 :42 No .012 P.06 the permit modification application was properly submitted and should have been granted, and the refusal to process the application and grant the permit modification is based upon alleged violations and compliance orders which have not been proved and are subject to hearing by the Air .Co mission. 6. Northern Colorado Brine has been denied its statutory and Colorado and United States Constitutional due process rights to a fair hearing and presumption of innocence. The Air Commission has exclusive jurisdiction to determine whetther the assessed,riyettthesState and red and oun y ther have civil taken actions which should presume the guilt of Northern Colorado Brine, even though a proper hearing request has been filed with the Commission .and all matters of alleged violation and non-compliance of the Colorado Air Act, Regulation no. 2, and permit no. 90Ws161 are stayed by law pending hearing and disposition by the Air Quality Control Commission pursuant to C.R.S. 25-7-115(4) (b) . 7. Northern Colorado Brine has undertaken an abatement plan presented to Weld County and the State of Colorado Department of Health at the enforcement conference on March 8, 1993 . Pursuit of the abatement plan has resulted in an expenditure of over $80,000.00, yet the Weld County and Colorado Health Departments, after asking for and receiving the plan and stating that the disposition of the enforcement conferenceee ld wou include surveying the sources with control equipmen Northern Colorado Brine intended to install, issued the compliance order, penalty assessment, and denial of permit modification application without surveying such sources or honoring Northern Colorado Brine's letter of March 18, 1993, attached, or taking Northern Colorado Brine' s good faith actions into account. 8. Regulation no. 2 is not properly part of the state implementation plan in light of C.R.S. 25-7-105.1 and must be removed from the State Implementation Plan. 9. A standard of limited applicablity should be adopted by the Commission which provides that the Northern Colorado Brine facility is subject to best practical treatment, maintenance, and control currently available in lieu of all other provisions of Regulation no. 2. le. Northern Colorado Brine reserves the right to present additional grounds and issues at the hearing as the same may be discovered or ascertained. 3. MAY 13 '93 12! 43 3039324465 PAGE . 006 EA . X 940056 5 HTBR " :3038324465 MAY 1' '93 12 :42 No .012 P .07 Dated this 4th Day of May, 1993 . Respectfully submitted, L, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley,P.C. C. Mr. Mike Cervi Ms. Patty DePlazes • 4. MAY 13 ' 93 12: 43 3038324465 PRGE . 007 " x 940056 �� HTRR Tfl : 3038324465 MAY 17 ' 93 12 :39 No .012 P .01 • HOBBS, TROUT i RALEY, P.C. Attorneys at Law r ^7 Suite 1300 1775 Sherman Street DENVER, COLORADO 80203 Telephone: 303/861-1963 Facsimile: 303/832-4465 7AX TRANSMITTAL TO: MB. Constance Harbert FAX NO. : 1/352-0242 COMPANY: Chairperson. Weld County CONFIRMING NO. : 1/356-4000 Commissioners FROM: Greg Hobbs EXTENSION No. : 123 DATE: 717 l . 1993 TOTAL NO. OF /PAGES: 1 CLIENT NAME/MATTER NO. : /`/XS De/ IF YOU EXPERIENCE TROUBLE WITH THIS TRANSMISSION, • PLEASE CALL AS SOON AS POSSIBLE: 303/861-1963, EXT. 132 OR 120 [FAX: 303/832-4465] The information contained in or attached to this nix message is intended only for the confidential use of the individual(s) named above. If you are not the named recipient or an agent responsible for delivering it to the named recipient, you are hereby notified that you have received this document in error and that review, dissemination or copying of this communication is prohibited. It you have received this communication in error, please notify us immediately by telephone, and return the original documents to us by mail. Thank you. YYTTY17vvfYv — NORM — vvv77FFnnvv • • MAY 13 ' 93 12: 40 3038324465 PAGE . 001 910056 A & H Oilfield Services P.O. Box 6 • Evans, Colorado 80620 Weld County Board of Commissioners PO Box 578 Greeley, Colorado 80632 Dear Board, You are very much mistaken if you think that Weld County does not need Northern Colorado Brine. By going over his permit, and taking excess brine, Mr. Cervi has saved you from a very big headache, and saved Weld County from a real environmental problem. Oil and gas production in Weld County the past few months has been ongoing at an unprecendented rate, with more brine being produced than ever before. Where would you suggest this brine go if not to a safe and environmentally sound facility such as NCB? Oil and gas production provides a very significant amount of tax revenue, to pay salaries to workers of all kinds, including county employees such as yourself. Think before you try to close the most safe and available brine disposal within several hundred miles. Sincerely, /Ci��,A i ,, 'kh/di>1 W 940056 cc /I& /;,;c( Loc<I ImAcaga mogq- vt,a, /42, . ortat- ,34.e.eate, meomixea.74; si-febe arae, &exe, "ez.4 a14,e otietti iztroev „aeig O-) %)n4)ti-e V-2a4n; _St 411 7"0-pek4i date&a dezeeeitieloga, tel,e2P )LAtaA0 ,e;i >4- & Sig ->64/Q3a-Se- 77/-0-te ee 7)1-6,ee yiEfrtArt# Awth _A -at a efet4 5.7A ar Atoata, Xand oteD, ‘,Y -421‘ae-?balievi,L adix,oad4 ra6 frgil. /of 4,67-6dc fc s4cass GER R I T Y O 1 L & GA S - ' ^-.. . 1.. CORPORATION May 11, 1993 Weld County Commissioners 915 10th Street Greeley, CO 80631 Dear Commissioners: Gerrity Oil & Gas Corporation urges you to support the continued operation of Northern Colorado Brine ("NCB") pursuant to your hearing on May 19. While the fire at NCB was an unfortunate incident, it is our belief that NCB will commit to operating in a manner consistent with applicable environmental, health and safety standards. Oilfield water disposal facilities are essential to a functioning oil and gas industry, and there is no spare capacity in the region. Any shutting down or reduction of production in Weld County due to a shortage of water disposal facilities will have a direct impact on county oil and gas ad valorem tax revenues, which are based on production revenues. Please support a healthy oil and gas industry by approving NCB's ongoing operation under appropriate safeguards. Sincerely, 4k- WIG1 Ike(k Ken Wonstolen Government & Community Affairs cc. Mike Cervi, NCB 4100 East Mississippi Avenue Suite 1200 Denver, Colorado 80222 !!�� Fax 303 757.1197 940056 h v Telephone 303 757.1110 [ie {JL, ��I6/U CC PRIMA OIL &GAS COMPANY Trinity Place ,ri -r 1801 Broadway, Suite 500 Denver,Colorado 80202 - 303-297-2300 May 10, 1993 Weld County Commissioners 915 10th Greeley, CO 80631 Dear County Commissioners : This letter is being submitted for your review in regard to allowing full operation of the Northern Colorado Brine ("NCB") disposal facility located within Weld County. The NCB facility currently provides a safe means of disposing brine and produced water from both current and future oil and gas production operations within Weld County. Other means of safe, yet cost effective water disposal are currently lacking within Weld County. A loss of the ability to dispose water at NCB will limit continued development of Weld County' s oil and gas reserves, which will consequently result in a loss of both jobs and tax revenue within the county. Although the current increase in drilling activity is temporary, the resulting production will provide continued income for people working within the oil and gas industry in Weld County for beyond the next 20 years . A shut down of NCB will force the oil and gas industry to curtail the current drilling program, which will result in a reduction of future production operations and tax revenue for Weld County. A vote to allow full operation of Northern Colorado Brine would be in the best interest of future income for county residents and tax revenues for Weld County. Sincerely, John D. ongwell Vice P ident - Operations 940056 A),//f LC c c /2 , riz; llocc t. PRIMA OIL &GAS COMPANY Trinity Place 1801 Broadway, Suite 500 t, - Denver,Colorado 80202 303-297-2300 May 10, 1993 Weld County Commissioners 915 10t'' Greeley, CO 80631 Dear County Commissioners : This letter is being submitted for your review in regard to allowing full operation of the Northern Colorado Brine ( "NCB") disposal facility located within Weld County. The NCB facility currently provides a safe means of disposing brine and produced water from both current and future oil and gas production operations within Weld County. Other means of safe, yet cost effective water disposal are currently lacking within Weld County. A loss of the ability to dispose water at NCB will limit continued development of Weld County' s oil and gas reserves, which will consequently result in a loss of both jobs and tax revenue within the county. Although the current increase in drilling activity is temporary, the resulting production will provide continued income for people working within the oil and gas industry in Weld County for beyond the next 20 years . A shut down of NCB will force the oil and gas industry to curtail the current drilling program, which will result in a reduction of future production operations and tax revenue for Weld County. A vote to allow full operation of Northern Colorado Brine would be in the best interest of future income for county residents and tax revenues for Weld County. Sincerely, Doug s L. Walton Operations Engineer 940056 txh/1211 T cc : ,a/ .60cr. (1) UNIOIL 3817 Carson Avenue Evans, CO 80620 • Telephone: (303) 330-6300 Mailing Address: R 0. Box 310 Telecopier: (303) 330-6447 May 10, 1993 TJ Weld County Commissioners 915 10 Street . , Greeley, CO 80631 Dear Commissioners : As a small oil and gas producer and a company attempting to put together a 150 to 200 well drilling program in Weld County, we would like to express concern in the possible closure of Northern Colorado Brine. We would suggest that at your May 19th hearing, consideration be given to the immediate as well as long term impact on smaller companies who have relied on Northern Colorado Brine. Much of the time they are the only available disposal for brine. We feel that Northern Colorado Brine has been not only an asset to the oil and gas industry but to Weld County as well . With the amount of production and the huge drilling activity in the County, they have served a real need. Should there be violations of operational standards, as the Weld County Health Department alleges, this surely can be worked out to the satisfaction of all concerned. Thank you for allowing us to express our opinion and hopefully a resolution can be reached. Very trul yours, ;79 . . Jones Vic President FCJ/jrh 940056 7‘hiLI a C_! : QL, ►' FRANCIS ENERGY INC. Nick Francis 300 E. 16th Street, Suite 207, P.O. Box 2331, Greeley, CO 80632 Bus. (303) 353-2954 Res. (303) 353-4716 May 6 , 1993 County Commissioners 915 10th Street Greeley, Co . 80631 RE: Northern Colorado Brine Dear County Commissioners , Soon you will vote on an issue that may cause great economic and environmental impact on Weld County. By providing safe disposal of brine and production water , Northern Colorado Brine provides a much needed service for the oil and gas industry and for the people of Weld County. A vote to close NCB will disrupt one of the largest industries in Weld County, and bring economic hardship on many oil and gas workers and their families . Such a vote will also reduce revenues into Weld County. In addition, you will eliminate the most available means of environmentally sound disposal of brine and production. NCB is your means of preventing negative environmental impact from brine and production water. Vote to keep Northern Colorado Brine open. Sincerely, Nick D. Francis A President 940056 EX- it b,.-A. c c 4,4e'crG, , �� ( May 6, 1993 Board of Commissioners Weld County 9th Avenue and 10th Street Greeley, CO B0631 Dear Board: Regarding the upcoming hearing for Northern Colorado Brine, I feel it necessary to write to you to express that Northern Colorado Brine has provided a vital service. With drilling at an all time high , I truly feel that without Northern Colorado there will be a severe shortage of disposal capacity. Northern Colorado Brine has helped to protect the environment in Weld County and in other counties as well . I feel it would be in poor judgement to close this facility. Sincerely, • Loretta Adams Owner • 94005 � p 6 , �1 Approved Oil Service, Inc. 5390 E.72nd Ave.,Commerce City,CO 80022 *Waste Oil *Fuels *Wastewater (303) 287-2806 aht. ht.. G = 43e c'c ' /71Z, f WELD COUNTY COMMISSIONERS 915 10th STREET GREELEY, CO 80631 DEAR WELD COUNTY COMMISSIONERS: A VOTE AGAINST NORTHERN COLORADO BRINE IS A VOTE AGAINST WELD COUNTY. NCB WAS THE ONLY AVAILABLE DISPOSAL FOR BRINE THROUGH MOST OF THE WINTER. AS YOU KNOW, THE DRILLING FOR OIL AND GAS IS AT AN ALL TIME HIGH. WITHOUT NORTHERN COLORADO BRINE TO TAKE THE BRINE WATER PRODUCED, WELD COUNTY COULD HAVE FACED A REAL ENVIRONMENTAL CRISIS. ALSO CONSIDER THE ECONOMIC IMPORTANCE OF OIL AND GAS IN WELD. THE REVENUE PROVIDED BY A HEALTHY OIL AND GAS INDUSTRY PAYS FOR ROADS, SCHOOLS, PARKS, AND SALARIES SUCH AS YOUR OWN. SINCERELY, l , A amr-- pi?, . OILFIELD SUPPLIES 1! AND ■ FITTINGS 1 D SKAER ENTERPRISES INC. 2707 S.County Rd.11 Loveland,Colo.80537 303-669-6308 Kelly E.Bee. Office 6669-6306 Home 663-4495 Mobile 229-5453 Representing ��'�w YY gOEC1ALiY Co �(` 940O5S L—X- I'LL, TL P cc, : ,c 3c),„ ,, /fit_ , !'/_ Board of Commissioners Weld County 9th Avenue and 10th Street Greeley, CO 80631 Dear County Commissioners: I must write and express my opinion on the upcoming hearing for Northern Colorado Brine. NCB has gone out of their way to provide service to the oil and gas industry in Weld County. Drilling is now at an all time high, and without the extra efforts of NCB, there would be a severe shortage of disposal for brine and production water. Northern Colorado Brine has protected the environment of our beautiful county, and must be allowed to continue to do so. Closing this facility now would be disastrous, and in very poor judgement. Respectfully, 12..e. / h 7-ac 4/ S t-too 'r ` 9400&s ; LOCI: , rfl_ f?� TOOL CORPORATION /D8A ff AL'S ir r �1 �1 FT. LUPTON 857-4321 AL'S .HUh -OIL ,SERVICE _ ... METRO 665-6126 $$ . -1352 FACTORY DRIVE P O. BOX'329 FORT LUPTON, COLORADO 80621 May 3 , 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Dear Commissioners: I understand that you are considering closing Northern Colo- rado Brine disposal (NCB) . Our company provides services to the oil and gas producers in Weld County and the D J Basin. In addition to other services, we truck production water to NCB. On behalf of LEED Tool Corporation, our employees and their families , I would ask that you weigh the ramifications of such an action as you review the case. I do not know all of the circumstances surrounding the com- plaints against NCB but I do know that simply closing NCB would have a severe negative economic impact on our company and the industry that we serve. It would also add to the disposal shortage which already exists in this area. I hope that in your wisdom you will arbitrate between the interested parties and find a compromise rather than permanently closing this disposal facility. If it would be helpful , I would be happy to discuss this with you further. Thank you for your consideration. / / / i Sinc e Le aniel , III President 940056 ratbtf-N cc- : L 1CC- , (4- / '/.._ r r r • Weld Board of Commissioners P.O. Box 758 Greeley, CO 80632 Dear Board: Northern Colorado Brine has provided a very necessary service to Weld County, and has prevented any negative environmental impact from the improper disposal of brine water. If you force the closure of NCB, you will cause many jobs and revenues to be lost, and will do a serious disservice to those you are elected to serve. You must consider the good of the whole of Weld County, and vote to keep NCB open. Sincerely, ✓L E /j Le/L e. Ste. ,y/- /.2 cf ,1" 9. 0056 E k fU cc , i/,�, /A_ I i N ' FLINT T' Engineering& Construction Co. May 3 , 1993 County Commissioners Weld County Administrative Offices 1402 North 17 Greeley, CO 80631 Dear County Commissioners: RE: Northern Colorado Brine When Northern Colorado Brine comes before the Board on May 19 , you must look at the FACTS of the issues, and work to keep NCB open. Northern Colorado Brine is needed desperately to ensure that there is safe disposal of the brine and production water that is being produced in Weld County at this time. There is a temporary surge in drilling, and we must all work together to provide safe disposal of the brine. The greater good of Weld County will only be served by maintaining adequate disposal capacity. You must vote to keep NCB open. Yours truly, A / Thomas G. Hogelin Operations Manager A:TGH/NCBOPEN Mailing Address: P.O. Box 3044 •Tulsa, OK 74101-3044 2440 South Yukon Avenue •Tulsa, OK 74107-2729 • (918)584-0033 • FAX(918)584-0154 940956 /- c7Cy. .' /7/ , // , 4,c°C(, Barrett Resources Corporation 2456 East 13th • Loveland, Colorado 80537 • (303) 669-2211 • Metro (303) 440-7451 May 4 , 1993 County Commissioners Weld County Administrative Offices 1402 North 17 Greeley, Colorado 80631 Dear Commissioners : Northern Colorado Brine will soon come before the Board to consider revoking their USR. You must look at the facts of the issues , and work to keep NCB open. Northern Colorado Brine is needed desperately to ensure that there is safe disposal of the brine and production water that is being produced in Weld County at this time . There is a temporary surge in drilling , and we must all work together to provide safe disposal of the brine . The greater good of Weld County will only be served by maintaining adequate disposal capacity. You must vote to keep NCB open . Sincerely, fi/Ke .S Kent Evers Barrett Resources Production Foreman 94.0056 txhih/f cc : i1/_ , o* Ol *FEY �Nc. May 3, 1993 Weld County Commissioners 915 10th. Street Greeley, Colorado 80631 Re: Northern Colorado Brine Hearing, May 19, 1993 Weld County is the most active county in Colorado for drilling. As you well know, the safe and adequate disposal of brine water is a must to the oil and gas industry. Without the ability to dispose of the brine, we would be forced to shut in production of most of our wells. This would also be the case with every other operator in Weld County. This would be disastrous, not only for the operators, but also for all of our local suppliers, service companies, local investors and all of the branch businesses that the oil and gas industry provides jobs and revenues for and to. Obviously, this would also effect Weld County's tax revenues as well as the City's sales tax revenues due to declining sales caused by the "trickle down economics" effect. Voting to keep Northern Colorado Brine open, would be voting with the County's best interest in mind. Sincerely, Jl N Paul D. Franks Vice-President Freedom Energy, Inc, PF/sc : �� /0/_, , �&,oG 940Q5S -`7856 Balsam Avenue*Greeley,Colorado 80631 *Greeley(303)352-8125 *FAX(303)352-8127*Denver(303)420-5433 Valley Operating, Inc. 745 Gilpin Street Office: (303) 355-3242 Fax: (303) 377-9798 Denver, Colorado 80218-3633 May 3, 1993 Re: Weld County Water Disposal Weld County Board of Commissioners P.O. Box 758 Greeley, Colorado 80632 Ladies and Gentlemen: Valley Operating, Inc has used Northern Colorado Brine to dispose of its produced water for several years. Availability of this facility has allowed Valley an economic means by which to maintain a reasonable expense posture of its overall operations in Weld County. As such, Valley has continued to contribute to the tax base of the County. Closure of Northern Colorado Brine without the identification of alternate nearby disposal sites may have the contributing effect of shorting the economic life of our wells . A shorter economic life will also reduce the potential revenue to the County as a result of the collection of real and personal property taxes in the coming years . We hope you will consider the foregoing when contemplating a decision on this important matter. Ve ru urs �1¢ o nson Vice President FOOL CORPORATION AFION ORA ' I • . .. FT. LUPTON 857-4321 ,,,Ilit. O ; . . METRO 665-6126 I - f 1352 FACTORY DRIVE P O. BOX 329 FORT LUPTON, COLORADO 80621 'e✓c%/ @Nt4E4• May 3, 1993 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Dear Commissioners: I understand that you are considering closing Northern Colo- rado Brine disposal (NCB) . Our company provides services to the oil and gas producers in Weld County and the D J Basin. In addition to other services, we truck production water to NCB. On behalf of LEED Tool Corporation , our employees and their families , I would ask that you weigh the ramifications of such an action as you review the case. I do not know all of the circumstances surrounding the com- plaints against NCB but I do know that simply closing NCB would have a severe negative economic impact on our company and the industry that we serve. It would also add to the disposal shortage which already exists in this area. I hope that in your wisdom you will arbitrate between the interested parties and find a compromise rather than permanently closing this disposal facility. If it would be helpful , I would be happy to discuss this with you further. . , ,, , Thank you for your consideration . ...,/ Sinc e Le aniel , III President /�x h i�i f- ff 940056 Weld County Commissioners 915 10th Street Greeley, Colorado 80631 Dear Commissioners, You will soon consider whether or not to close Northern Colorado Brine. Oil and gas drilling in Weld County is now at an all time high, and all of the brine disposals in Weld County are needed. Through this past winter, Northern Colorado Brine provided a safe means of disposal of the huge amounts of brine produced. Our business and the jobs of our employees depend on Northern Colorado Brine. Weld County NEEDS Northern Colorado Brine ! Sincerely yours, Ed) / 940056 6 /1/ , r;L_ / h'a cC 1pi,ttf iii • ,, ,1 ViJ I N aj i slit r , I , . _ G w in O v \ \J t— c� V 1 G O U J C G O V O 0 a>y m QO a> - U VL o N N 0 I r r -p V N n xa t;t J6✓ 2V NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 93-22 Northern Colorado Brine c/o Mike Cervi 10600 Weld County Road 54 Milliken, Colorado 80543 DATE: May 19, 1993 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of USR #540 LEGAL DESCRIPTION: Part of the NEt of Section 26, and part of the NW* of Section 25, all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado ISSUES: 1. Whether or not the Permit holder is in compliance with the following Operation Standards: Operation Standard Number 1 - The use shall be an oil and gas brine water disposal and oil recovery facility as described in the submitted application materials. No hazardous wastes or nonhazardous industrial waste shall be allowed at the site. The facility shall be designed, constructed, and operated to comply with the Colorado Department of Health Solid Wastes Disposal Sites and Facilities Act, Title 30-20, Part 1, CRS 1973, as amended. Operation Standard Number 3 - There shall be one (1) point of ingress and egress to the facility from Weld County Road 54. The point of access shall be located, designed and constructed in accordance with the submitted application materials and Use by Special Review Permit plan map. Bch; bd-' " ..4 . . 940056 NOTICE - NORTHERN COLORADO BRINE PAGE 2 Operation Standard Number 7-A - The four (4) evaporative ponds shall be engineer-designed and operated in accordance with the submitted application materials and Use by Special Review Permit plan map. Operation Standard Number 7-H - A gauge height indicator shall be installed in the evaporation ponds. The gauge must clearly indicate the depth of brine water waste. Operation Standard Number 7-I - The evaporation pond(s) shall be kept free and clear of oil skims. Operation Standard number 7-J - An aeration system shall be installed and operated on the four evaporative ponds. In the event of an odor problem emanating from the ponds, an odor abatement program shall be instituted. Operation Standard Number 8-A - The dump and skim tanks shall be engineer-designed in accordance with the submitted application materials and Use by Special Review Permit plan map. Operation Standard Number 15 - The Use by Special Review shall be limited to the plans shown herein and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. Operation Standard Number 16 - The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller, Deputy DATED: April 12, 1993 PUBLISHED: May 6, 1993, in the Windsor Beacon 940056 submitted I *cation plane eadtor Standards r.dar. r No es be— d. Any r oh NaaarWee weenie arn e or M /es Sae a m MM___ this t._L.L1 l the estates of the waste shaft'be-allowed Department of Planning at the site. The facility Services.. shall be designed, AFFIDAVIT OF PUBLICATION constructed, and Operation.. Standard operated to crspy with Number 1f) - The STATE OF COLORADO the Colorado properly owner and/or Department of Health operator of this ss (I. Solid Wastes Disposal operation shall be COUNTY OF WELD Sites and Facilities Ad, responsible for Pursuant to the zoning Tlhe 30-20,Pat 1,CRS complying wall all of the laws of the State of 1973,as amended. above stated Standards. I, KEITH HANSEN, of said County of Weld, being duly Colorado and the Wert Noncompliance with any sworn,say that I am publisher of County Zoning Operation Standard of the above stated. Ordinance, a public Number 3-There Stal Standards may be WINDSOR BEACON hearing will be held in be one (1) paint of reason for revocation d the Chambers of the ingress and egress to the Petrie by the Board Board of County the facility from Weld of County a weekly newspaper having a general circulation in said Conanlssbrors of Weld County Road 54. The ConariMonr!• County and State, published in the town of WINDSOR, County,Colorado,Weld point of access shall be County Centennial located,designed and BOARD OF COUNTY in said County and State; and that the notice, of which Center,91510th Street, constructed In COMMISSIONERS, the annexed is a true copy, has been published in said First Floor, Greeley, accordance.with the WELD COUNTY, weekly for v successive weeks, that the notice Colorado, at the time submitted application COLORADO specified. AN persons in materials anp Use by was published in the regular and entire issue of every any mrrerInterested in Special Review Permit BY: DONALD DD number of the paper during the period and time of the matter are requested plan map. WARDEN, WELDpublication, and in the newspaper proper and not in a to attend and may be COUNTY CLERK TO heard. Operation Standard THE:BOARD supplement, and that the first publication of said notice Number 7-A-The four was in said paper bearing the date of the Should any Interested (4)evaporative.Ponds BY: Shelly K. Miller, party... desks 4h Mali -be. engineer- Deputy (•.# day of 271a..4.4 , A.D., 19 9 3 and accordance of a court designed andtoWreiedL reporter to make a In accordan with the Published In the the last publication bearer+b the date of the record of the submitted application Windsor Beacon on proceedings,in addition materials and Use by Slay Ili,1993. . _ day of A.D., 19_ and to the taped record Special Review Permit that the said WINDSOR BEACON has been published the wet be ken drug plan map.hwhich .heM Sig,vie Cleric to continuously and uninterruptedly for the period of 5 the Sords Office shell Operation Standard consecutive weeks,in said County and State, prior to the be advised In writing of Number 7-H-A gauge date of first publication of said notice, and the same is a such action at least live height Indicator shell be days prior to the Installed in the newspaper within the meaning of an Act to regulate hearing. The cost of evaporation ponds. The printing of legal notices an advertisements, approved engaging a court gauge must clearly May 18, 1931,and all prior cts ar as in force. reporter indicate by the requesting party brine water waste. Nof / BE IT ALSO KNOWN Operation Standard that the text and maps Number 7-1 - The P LISHER may be Mostrined in the evaporation pond(s) office of ilia Oen to they shall be Kept free and Board -el County cledollS ins. Subscri d and sworn to before me this orb r day Commissioners,located of .-nt+2..' 19 V.3 In the Weld County Operation Standard CentennialCent,915 number 7-J - An 7 ,• r�/(C�v[.-.fry 1/4 10th Strer,Thad Floor, aeration system snail be C ✓� Greeley,Colorado. Installed and operated NOTARY PUBLIC on the four evaporative DOCKEY NO.98.22 ponds. In the event of �) '7 -, an odor problem My commission expiresL� 2 , /r/%a' Northam Colorado Brats emanating from the .ra caw.rani! inane' nnnda an odor - E Iz :el EllS :sseappl/ :cwt PUIM rieaalS uteri flV o)toet(o a gum p wine'pue WJ0;my. >IeeM yoee paiaAgep uOoees alp QAtal • 940056 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-22, was placed in the United States mail, postage prepaid, addressed to the following property owners. o DATED this (2/5 ('` day of Opki , 1993. Dic Ifni< 00, Deputy Clerk +eo the Board MILDRED HANKINS PHILLIPS TRUSTEE 423 GRANADA, UNIT 10 SAN CELMENTS, CA 92672 BOOTH LAND AND LIVESTOCK COMPANY P.O. BOX 72 LUCERNE, CO 80646 EDWARD J. KINZER AND COMPANY P.O. BOX 280 JOHNSTOWN, CO 80534 NORTHERN COLORADO BRINE C/O MIKE CERVI 10600 WELD COUNTY ROAD 54 MILLIKEN, CO 80543 910956 !h1 t;•::'' 4 Cr I V 014 41//417 1` CI n w C U, n N H N 7 w ] O N H H cnzv . v� zca wxw Ca aanz H N ¢ M ( 1 1 dH flcI a o 940056 109 Kathleen Avenue Milliken, CO 80543 4/6/93 TO WHOM IT MAY CONCERN: As long-time residents of Milliken, we have endured many odors (GWSCo. , COORS, etc.) in the name of "progress". But, now, progress or not, we must speak out! The odor the EVAP exudes is not confined to a small radius. The resi- dents of Milliken are at risk! The odor permeates the walls of our homes. We can not open our windows at night to catch the fresh moun- tain breezes. To take a deep breath is out of the question, because a burning sensation in the lower lungs and stomach results. As an employee of the Milliken Middle School since 1970, I have to say that at no time, with the exception of the last couple months, has my performance been affected by such an obnoxious odor. There are 300, plus, students housed at the Middle School nine months out of the year. Is it possible that there could be a long-term effect on their/our respir- atory/immune systems? Only time will tell but who has that kind of time? PLEASE DO SOMETHING IN THE NAME OF HEALTH! Sincerely, is a ann ---(?i,r. 7 a 3 — ate Mann 940056 To Whom it May Concern, Our names are Bob and Rose Eining and we are residents of Weld County and westerly neighbors of the Northern Colorado Brine Company. We live on Weld count road 54 a mile west of the facility.We recently read an article in the Johnstown Breeze newspaper that thoroughly disturbed us. We know from the article that you are on the panel to consider granting special permits to the Northern Colorado Brine Company.We are very much opposed to such an action. We are opposed to two things. First,when an east wind is blowing,the smell is unbearable. And that is with co rrent permits! Anything that smells that bad cannot be healthful to humans,the ground water or other environmental aspects.We have a young child who,of course,plays outside everyday and we don't want him breathing any more of that foul air than he has already. We moved to the country to have(relatively) fresh air. If we had wanted to raise a family in foul smelling air we would have stayed in Denver. Second,the reason we are opposed is this:Why is it that if the general public violates laws and regulations we get fined,businesses terminated or even imprisoned? But when this company repeatedly violates these same regulations they are allow to continue"business as usual"until a board or committee can decide upon what action should be taken. Are businesses above the law,simple because they pay higher taxes? If so then we are greatly disappointed in a system that allows such practices. Our first decision would be closure of the Northern Colorado Brine Company. But since that is not probable,we would just hope that you take all of the letters and responses at your April 13th meeting(which we sadly cannot attend)into consideration when making your final decision.Please do not grant the higher level permits. If you are still undecided,we invite you to come out some day when the wind is blowing from the east and try to have a picnic in our yard and see if you can enjoy the"fresh country air". In fact, come out anytime and stand downwind and we believe our case will be made. kay PY ;f K.fit-C. Z-t,�-ts- J Bob and Rose Eining Mr. & Mrs. Bob Eir,ing 9476 WCR 54 Milliken, CO 80543 940056 ,Y c ,c cc Dear Sir or Madam, We are sending you and the others on the decision making body this letter to state our concerns on granting a special permit to the Northern Colorado Brine Company. We believe the case is very simple. for anybody who lives in a radius of several miles of this facility, the down wind stench is horrible now. If you raise the levels even more it will be beyond bearing. In fact, we believe that the facility should be closed immediately if they cannot meet current standards much less extending the standards. I will try not to be crude but the smell is a mixture of that which comes from a dog kennel and from a petrochemical refinery. It is disgusting. Facilities of this nature should be far from human inhabitancy rather that a dense rural setting. When one lives in Weld County, one gets used to agricultural smells. It is primarily an agricultural county. We are not prima donnas that expect the sweet fragrance of flowers and fresh cut grass to always surround our country setting. But enough is enough. This facility goes over the edge. If things continue on the current path, we believe you will see a ground swell to close the plant completely. Please take the lesser course and deny the permit. Respectively, David and Doreen Peverley trcbs, vJGJL 5 940956 ex,lu ht+C2, cc lc, the I am uJcihhcg rc9atdins the a<'cl^ablc_ eaLiSC Ilc(l. los $H the_ 1,,c F Coto st.cko Beth€ eo;r rz ,7,5 C;n April IZ, Unii;---htna*1j i will be ono-btt -l-t_, (Attend +hiS met-tit-19 , L I1ve approx.) rna+c.ly one cnoc, halk- rni I es Sou+-huaeS+ this caci Is1-y . I cum concerned °b + the oedoc ±hrtf te(kch.es Vy horns Ce\ lht. Fc) %bil.ty oc ne9a-ak. eWectt 4o my In c a tHm. I believe, 4-in IS 40 be, a. hlh prcbr�ty SS Use_ GS it eccccts }he heat ) cind Li ea five_ cirC rn 8 C-, yY .j - 'ctinilk , C\ ne& nnj neighbors. I CulxpKKC'+a-IC LJOlku SC 4- ous cH( its c - bctE)9 h;s Si hoc;c iLJ , ��tL& (,d.Lick tar. 1 _- e c; V" Tc>Ict.t %O.. Z45 t40� 2S7 l,ll kcn, C� Lrecoql eocc , 940056 CLIENT /��/A/�IyV�r Jos NO.�z. I. le ENGINEERS PROJECT " V CALCULATORS FOR MADE BY DATE,/O/at CHECKED BY DATE SHEET OF \..._---- ar. (7; rific ) Cce ' I 1 4 ` i 1 jii .k'z-f,t-,. • I (, 4 ci,C ' ; ' 1 1 j ! i is" ".>" EXHIBIT '303 /7 iii 7;,-\ -r‘ I 2/, \ , . Li, 41\ o/iv ro - 5-7tvkd-e,,ff , t. 940056 . / I l \ html 6, ZJ85.z� ! il ' ! � I ! ! I . i il � � l /Va 1 I� if I l l 2, X3,97 , i I ' c7a.le5 r ' 4 I I S 7838 I Hill ; : I 1 ��dl I II i I ', , 2_ as S', ?o 2_7 -t.- 1,t'31 j I I p ', e I i -1 I ' ; t 11, i j 15(HN 15- --4-3 ; c--.41 d7( Gl."2 cit.I I XL si Lcit_. l : 2i, ! i ; II , 1i7LI ! I , -1/i ! Ili . i . , � lll iii ! I ! , I � I ' ; 11 Iii : ' ! f ' B ill fl � ll ; iri ii ' , , HI , i ' I , 1 III L--1., t. ! 1 ,�11- f f• I t if t f i E Ii , . , ,il i• I ..._... . 940056 ,}} _, , tl4 I to l 1 ' t i f. ppit,i1 I i p 1 p}1y l 1 i 1 '(iA�'1If ,.f ji ' : I I Ii t i Iid 11t iII 1 if I it i li ibii lIlhl lull '11�i I i!i 1 ' J SL4(,,111jVa'11I1 i lgiii.i hi 'i'li<tI{ 1If iii liifllll�li�11� 711i ,,iIli(If I( ,t, '.II:. ' `'•' h,ltll• f i 1 i If.lit) 1. fl;l,:is t i l ). : 'f 'I Iii i? ,f,iii dull ,`ililhi( l'lll(lIlll'(+ i'I f,! h;.. I I ,.s 1. { I„ni..! 1... 4 1 --77&vie s 'l5 Moo, CriTo • 75 i[ ?cC Fle.v tc., i 7C awl j* I i , I I I : I I II p' i ' I ! r 77 I , I , I � -,kc' I I ! --M (, 7.1 . cf-b& 1 I fs rim OG 1731 c\-`t,Fj3 , I 1 , 1 0 ' i --`1 iii 1 7-: i/ . B 1 _ .' % (" & I 1 1 1 1 z. I o '�3 i,_ ._ L ' . � i �il VIII ITT '133 . .91: 0 I if, '"I I ' III l i l t Eci Cho 1.70 X23 s. Isd,e M,>, ':v� - (A5 v-a of Te CcV IV�;�,N' I I I I I , , I H I r. r<I; r 74- i-Forq ✓ Q. t�'�� . ,' lc4-d Y�53 j9� k . i 1 7.9 o< t dI � I I J zy° (6-403 {/o3 ; . � • , I , • , I i I I , , 6i 1 HI I ' rll 7h0 0. 3 c ooGe%d 6rj R.� Q I I i , I I I ' I I IIIII , f I iI I ! Ii I ' . I , I I I ' I I 11 1 ,, 1 i I I I• „• `i fi ol'1ll iroiII r{! i {i;ri`bli iiyit,i„ l ` 'I,1 + ' 1 IIi., to i.:., 940056 RECEIVED JUL 2 9 1993 NELSON ENGINEERS 822 7TH STREET GREELEY, COLORADO 80631 (303) 356-6362 July 27 , 1993 EXHIBIT Mr. Trevor Jiricek Solid & Hazardous Waste Specialist Weld County Health Department 1517 16th Ave. Ct. Greeley, CO 80631 Re: Northern Colorado Brine Pond Restoration Dear Trevor, At your request I am submitting herewith a plan for draining and restoring the ponds at the Northern Colorado Brine waste facility. I recently submitted a letter to you regarding plans for repairing erosion damage in Pond #4 when it has been drained. Concurrently with the water evacuation from Pond 4 , Ponds 3 (a) and 3 (b) are being pumped to Ponds 1 and 2. As soon as 3 (a ) and 3 (b) have dried adequately, the floor will be inspected and tested for lining depth and compaction. As deemed necessary after the inspection, the lining will be replaced to a minimum 12 inches thickness and recompacted in accordance with Paragraph 7(b) of the Operations Standards for Road 54 E-Vap Park. Upon rehabilitation of Ponds 3 (a) and 3 (b) and the installation of the new water treatment system, there should be no need for the aeration system in these ponds . As part of the rehabilitation work, the existing system will be removed and not reinstalled at a later time, according to the current plans. The dikes will be reshaped and compacted as necessary with acceptable material. When the work is completed, the ponds will provide an environment free of past bacterial activity and objectionable hydrocarbons . After completion of Ponds 3 (a) and 3 (b) , both Ponds 1 and 2 will likewise be rehabilitated. Though a final decision regarding sequence of rehabilitating is yet to be made, Pond 2 would now appear to be most likely the next one to be cleaned. The same process of emptying, drying, inspecting, and compacting will be used for Ponds 1 & 2 as was used for Ponds 3 ( a ) and 3 ( b) , regardless of sequence. The aeration system in Pond 2 will be removed and will not be reinstalled after the repair work. The aeration system in Pond 1 will be removed during the cleaning and rehabilitation work. The aeration equipment will be reinstalled only if disposal of the pond water cannot be accommodated by some method other than through evaporation. Upon reinstallation, the nozzles will be redesigned to preclude unwanted or undesirable dispersal. 940056 Pond 4 will be repaired in accordance with plans submitted earlier. Because the pond is relatively new, cleaning of the bottom is not now needed. The depth of water to be discharged to Pond 4 is a function of the quality of water to be held therein. If the water is of reuseable quality as expected from the new treatment system, then the depth would be unlimited up to a safe freeboard height. However, if the water delivered to the pond continues to be a brine water, then 30" of average water depth will be developed. There is about 10 feet of differential elevation in the floor of Pond 4. Such a bottom slope resulted from subsurface conditions that existed in the area. As a result, maintaining a consistent depth throughout Pond 4 is not practical. However, greater pond benefit can be accomplished by building cofferdams within the pond. At such a time as cofferdam construction is deemed feasible, a specific design will be provided. In general the construction of the interior dams would follow contours such that each pond would be maintained at an average water depth of 30". Thus the maximum water surface area will be created to enhance evaporation. The D & 0 plan developed in 1983 and 1984 anticipated accumulation of salt at the rate of 0.4 inches/year in the pond bottoms. Ponds 1 , 2, 3 (a) and 3 (b) were constructed to store up to six inches of salt, thus providing approximately 15 years of use before cleaning is necessary. With the plan of cleaning now beginning, an accumulation of about 4 " of salt can be anticipated. The bottom accumulation is expected to be inert and will be disposed of in a landfill after adequate drying. The drying process will take place either in the ponds themselves, or the salty material will be removed and placed on adjacent vacant land to dry adequately before landfill disposal. If you have any questions, please contact me. Respectfully, aVern C. Nelson, P.E. pc: Ken Lind Mike Cervi 940056 Jo z— STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH AIR POLLUTION CONTROL DIVISION TELEPHONE: (3031 692-3150je CONSTRUCTION PERMIT PERMIT NO: 90WE161 INITIAL APPROVAL DATE ISSUED; ISSUED T0; NORTHERN.COLORADO BRINE THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS; Production water and brine water disposal and oil recovery facility !created at i 0600 Weld County Road 54, Milliken, Weld Count/, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING; Allied, propane fired, two stage heater treater for oil/water separation with associated water treatment and odor control system and (31 - 400 barrel and (11 - 300 barrel storage tanks for storage of oil. THIS PERMIT IS GRANTED SUBJECT TO AU.RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.3.3, (25-7- 1011 Fit sett). TO THOSE'GENERAL TERMS AND CONDITICNS sat FORTH ON THE REVERSE SIDE CP THIS DOCUMENT AND THE FOLLOWING SPEC;FiC TERMS AND CONDITIONS: I. Visible emissions shall not exceed :weary percent (20%1 opacity. 2. The permit number shall be marked on the subject equipment for case of identification. 3. The manufacturer, cnodeinumber-andsorlaLautaberaLstutuublectiouipmantshall be provided to the Division odor to Final Approval. 4 Start-up of treatment system shall occur on October 5, 1993 unless the owner/operator requests an extension as requiredin the Stipulation and Agreement between Northern Colorado Brine and the Air Quality Control Commission (AQCC). 5. Emissions of air pollutants shall not exceed the following, :imitations as calculated in :die Division's preliminary anat./441z Nitrogen Oxides_ 1.92 tone par year and 0.44 pounds per hour Volatile Organic.Compounds . _ 5.2.0 tons per year and 7.23 pounds per hour • 123/215/1 EXHIBIT 3b 940056 NORTHERN COLORADO 9R1NE Permit No. 90WE181 Initial Approval Page 2 6. This source shall be limited to a maximum production rate as listed below and ail other activities, operational sates and numbers of equipment as rated in the application. Annual records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. Processing/production of brine shall not exceed 2,000 barrels per day or 730,000 barrels per year. `i. This source shall be limited to a maximum consumption rate as !isted below and all other activities, operational rates and numbers of equipment as rated in the application. Annual records of the actual consumption rota shall be maintained by the applicant and made available to the Division for inspection upon request. Consumption of propane shall not exceed 160 Ibeihout or 357.3 tuna/year. 3. At all times, Inducing periods of start-up, shutdown, and malfunction, the facility and control equlpment shall, to the sxtent practicable, be maintained and operated In a manner consistent with good sir pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division. :vhicn ,nay induce, but is not limited to, monitoring results. opacity observations, review of operating and maintenance procedures, and inspection of the source. 9. A Revised Air Pollutant Emission Notice shall be Sled when a significant change in emissions occurs, 35 required by Regulation No. 3, 10. This source is subject to the odor requirements of Recutadan No. 2 Sacton A.2. which limits detection of odors at a dilution at odorous air with 13 or more volumes of odor free air. 11. This source is subject to New Source Performance Standards requirements of Regulation No. 8, Part d0, Subpart Kb , Standards of Performance for Volatile Organic • Liquid Storage Vassals Ilncludino Petroleum Liquid Storage Vessels) for which' Construction Raconetrucdon, or Modification Commenced alter July 23, 1984. a. For tanks greater than 10567 acetone and as; tan 19813 gallons storage capacity, the source must maintain for the Ilfe of the source. records showing the dimension of the storage vessel and an analysis of the capacity of the storage vessel. b. Storage tanks greater than 19813 gallons nonage spacity will be subject to additional provisions of this Subpart and will require modification of this permit. 12. temperature In the preheater shall be maintained at 60 °5 for optimum separation and minimum emissions. Records shall be maintained of the temperature and the time and data of temperature taken. `Hater temperature should Se sampled daisy at a minimum. 123/215/1 30/ 940056 z • NORTHERN COLORADO 3RINE Permit No. 30WE161 initial Approval Page 3 13. Cal-living chemicals shall be added in the second stage of the preheater for removal of solids. Records shall be maintained of the quantities of chemicals added and time and date of chemical treatment. • 14. Water shall be relatively free of hydrocarbons and solids odor to discharge into Storage ponds. Hydrocarbons and solids shad be tested monthly and roccrds kept of the results to assure proper operation and maintenance of the system. 15. Fuld shall remain 48 minutes in the first serge and 60 minutes ;n the second stage of the preheater for optimum removal of hydrocarbons and solids. An operation and maintenance plan to ensure optimum performance of the equipment shall be submitted prior to gnat approval. 1 d. During discharge of water to the storage ponds an oxidizing agent shall be injected Into the discharge ling to fadlltate the killing of and prevent the incubation of bacteria. Records shalt be maintained of the quantities of oxidizing agent injected and duration of infection. 17. Solids shall be circuiatad for 3 hours and treated with an oxidizing agent in the scrubber tank. An operation and maintenance plan for solids oxidation shall be submitted to ensure compliance with this requirement. 13. This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and 3reakdowns. The permittee shaif notify the Division of any upset condition which causes a violation of any emission-limit or Emits stated in this permit as.soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission In the future. Sy: —� " _{Y1�,), 7 ay: Thomas M. Tistinic / James 3. Geier, P.E., Chief Permit Engineer/Reviewer New Source Review Section Stationery Sources Program Air Pollution Control Division Gate of attains' menus: *mentor 20, 1990 Moeificetion: Inanens in graduation 4InstWsdon of a'NEW eftetrnent ntte t. 123/215/1 • • 301 940050 p RECF»iF�l ,n„ c& %� , P C 1 5 X9°3 Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 Ext . 123 November 11, 1993 Mr. Tom D. Getz Director Mr. David Ouimette Program Manager Stationary Sources Mr. Harry Collier Mr. Tom Tistinic Mr. Jim Gier Air Pollution Control Division APCD-SS-B1 Colorado Department of Health 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 Re : Northern Colorado Brine, Weld County Completion of Compliance Schedule and Operational Status of Final Compliance Inspection Dear Mr. Getz et . al . : In accordance with the settlement agreement in the above captioned-matter, Northern Colorado Brine completed construction of the water treatment and odor emission control equipment at the end of September 1993 and began operational start-up in the first week of October, 1993 . The system was operational for purposes of the final compliance inspection on November 1, 1993 . For the purpose of making the final compliance inspection, please contact Herb Ikenouye, site superintendent at 587-2446, 10600 Weld County Road 54, Milliken, Colorado 80543 , for inspection during the 8 : 00 A.M. -4 : 30 P.M. working hours and Patty DePlazes at 454-3085 . Both Herb and Patty are certified scentometer readers . Herb is the_ supervisor at the facility. we request that the final permit for the facility be approved, upon your inspection, for production not to exceed X940056 '30° 2 , 000 barrels per day, with the odor standard being the 15 : 1 standard of Regulation No . 2 , Section A. 2 . Instead of constructing the all weather protection shed Northern Colorado Brine is using heat-tape and insulation and has chosen not to await a building permit for a shed. Thus, the previous correspondence to you, including that of the Weld County Health Department over the issue of a building permit for the shed is moot, and no extension of the compliance schedule is necessary since the water treatment and odor emission control system was operational November 1, 1993 , for final compliance inspection. No odor violations have been recorded at the facility. It therefore appears that the purposes of the stipulation and agreement have been fulfilled. When odor compliance inspections are made of the facility, Northern Colorado Brine respectfully requests that Herb or Patty be contacted so that they may be present and take odor readings at the time the State and Weld County make their readings . Please proceed with the final compliance inspection and final permit approval for the facility by making the necessary arrangements with Herb Ikenouye and notifying Patty. Best regards . Sincerely, Gregory J. Hobbs, Jr. for. Hobbs, Trout & Raley, P . C. cc : Mr. John Pickle, Direr tor, WCHD Mr. Jeff Stoll Director, Environmental Protection Services, WCHD Ms . Christy Klein Attorney General ' s Office Mr. Mike Cervi Mr. Herb Ikenouye Ms . Patty DePlazes Mr_ Ken Lind I 300 940056 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW .. _ .. .., THE LAW BUILDING , ^O 1011 ELEVENTH AVENUE JJ P.O. BOX 326 CI GREELEY. COLORADO 80632 ` - GEORGE H. OTTENHOFF - TELEPHONE KENNETH F. LIND KIM R. LAWRENCE (303) 353-2323 November 10, 1993 (303) 356-9160 TELECOPIER JEFFREY R. BURNS (303) 356-1111 David Ouimette, Program Manager APCD-SS-B1 Colorado Department of Health 4300 Cherry Creek Drive South Denver, CO 80222-1530 Re : Northern Colorado Brine and Air Pollution Control Division Dear Mr. Quimette : On October 29, 1993 this office received a copy of a letter dated October 14 , 1993 addressed to you by Mr. Jeff Stoll of the Weld County Department of Health. Please note that a copy of said October 14 letter was not mailed to this office, Mr. Hobbs or to Northern Colorado Brine which we believe was very inappropriate and definitely not within the spirit of proper notification provided for under the approved Stipulation and Agreement . In fact, this letter was located in the correspondence files of the Weld County Department of Health pursuant to a routine review of those records by an agent of Northern Colorado Brine . In addition to the fact that no agent or representative of Northern Colorado Brine received a copy of the October 14 letter in a timely manner, I was also initially displeased by the content of said letter as I believed the same to be inaccurate and misleading. However, upon a second reading of the letter my irritation was lessened as we now have in writing, for the first time, that both the Weld County Department of Health and Department of Planning Services have approved the new equipment . Unfortunately these two departments have taken it upon themselves to hold the building permits "hostage" until other so called issues of non-compliance are resolved. Mr. Stoll states that the County requested several items to be incorporated into Operations Standards for past violations as well as clarifying certain items of the design and operation plan. Mr. Stoll also states that these requests were reasonable . I must disagree with Mr. Stoll as the requested items were voluminous and generally had absolutely no relationship to the installation and/or operation of the new equipment which was obviously the subject of the stipulation as well as approval by the Board of Weld County Commissioners . We continue to believe that holding the building f 10 g 940956 David Ouimette, Program Manager November 10 , 1993 Page 2 permits "hostage" is not a proper action by certain administrative officials, this is hindering operations and evaluation of the new equipment, and is not being done in good faith. Perhaps a brief review of time guidelines and supporting documents would be helpful to show the true picture to you. 1 . On July 7, 1993 the Board of County Commissioners approved the installation of the new water treatment equipment by determining the new equipment would be a minor change . The Commissioners requested Weld County Health and Planning staffs to review the new equipment and the Board also requested that this review be expedited. A copy of the Resolution is included as Exhibit "A" . 2 . On July 9, 1993 Northern Colorado Brine received a four page list of questions from the Weld County Health Department which were to supplement a number of verbal questions presented by the County Planning Department to Northern Colorado Brine on July 7th. 3 . On July 15, Northern Colorado Brine responded to all written and verbal questions . 4 . On August 2nd Northern Colorado Brine received from the Weld County Health Department a letter with comments on the plans and, in addition to a review, the Weld County Health Department was now demanding amended design and operation plans on the entire operation. 5 . Reluctantly, on August 20th Northern Colorado Brine did provide amended design and operation plans which took a great deal of time and expense to prepare . 6 . On August 27th Weld County Health Department provided to Northern Colorado Brine a one page list of comments which were generally related to the new equipment . Most of these comments were appropriate and only needed some minor revisions . A copy of the August 27th comments is attached exhibit "B" . 7 . On September 27 Northern Colorado Brine received the State Department of Health' s comments which were reasonable and appropriate . A copy of this letter is attached as Exhibit "C" . 8 . Finally, on September 24th Northern Colorado Brine received from Weld County a letter with twelve new 940056 David Ouimette, Program Manager November 10, 1993 Page 3 proposed standards, some of which were reasonable and related to the new equipment . Unfortunately, many of the new conditions had absolutely no relationship to the new equipment and were inappropriate . Please note that this letter also states that building permits would be held until Northern Colorado Brine agreed to all of the items . A copy of this letter is attached as Exhibit "D" . Needless to say, Northern Colorado Brine determined that the September 24 County letter was not appropriate, especially as it did not relate to the new equipment . It should be noted that Northern Colorado Brine complied with the stipulation by having the equipment designed, ordered and construction started during July. This was done to comply with the stipulation even though certain Weld County administrative officials were doing their best to hinder and delay the review process . During August and September the equipment was being installed and installation was completed on or about September 20 , 1993 . It was only after design and installation was completed by Northern Colorado Brine that certain Weld County administrative officials then finally decided to hold the required building permits "hostage" . I find it incredulous that Mr. Stoll in his October 14th letter can state that deadline extensions should not be granted as the Weld County Planning and Health Departments are not causing any delay in the installation and operation of the equipment . Considering the fact that these Weld County administrative officials have (belatedly) approved the new equipment but refuse to issue building permits to address "other concerns" is a statement in itself . Of course, by improperly refusing to issue building permits, this allowed, (on October 25) , the Weld County Planning Department to then cite Northern Colorado Brine for a violation in not having building permits for the new equipment . It should be very obvious that if Northern Colorado Brine had waited until September 24 , 1993 to finally receive the "approval" from Weld County Planning and Health, the new equipment could not have been installed nor operated until the Spring of 1994 . The problems and delays rest solely with certain administrative officials of Weld County and certain of those issues still have not been resolved. Needless to say, Northern Colorado Brine continues to proceed with final installation and operation of the water treatment plant in as timely a basis as possible while 940056 3 David Ouimette, Program Manager November 10, 1993 Page 4 continuing to deal with problems created by Weld County Planning and Health. We appreciate your attention in this matter. Very truly yours, LIND, LAW NC &1OTTENHOFF Yom . Kenneth F. Li d KFL/cg Enclosure pc : Greg Hobbs, esq. John Pickle, Weld County Health Department Lee Morrison, Assistant County Attorney Mike Cervi Board of County Commissioners 94005s EXHIBIT "C" — RECEIVED SEP 2 7 1993 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH .of'coca Dedicated to protecting and improving the health and »� environment a the people of Colorado i „ ' ` * o 4300 Cherry Creek Dr.S. Laboratory Building � a" Denver,Colorado 80222.1530 4210 E.11th Avenue ran Phone(303)692-2000 Denver,Colorado 80220-3716 (303)691-4700 Roy Romer Governor September 21, 1993 Patrice A Nolan.MD,MPH Executive Director Mike Cervi Northern Colorado Brine P.O. Box 300397 Denver, Colorado 80203 RE: Water/Odor Treatment System Northern Colorado Brine Weld County Dear Mr. Cervi: The Hazardous Materials and Waste Management Division of the Colorado Department of Health(the Division) has completed its review of the Supplemental Design and Operations Plan (the Plan) for the El Toro Management Systems,Inc water/odor treatment system for the Northern Colorado Brine facility. The Division approves of the Plan as submitted. The Division has the following comments on the Plan: I. As requested, the Division will place the blueprints of the El Toro Management Systems, Inc into a proprietary file. 2 The Division along with Weld County Health Department must grant approval for disposal of any waste waters which are not specified in the Design and Operations Plan for this facility. 3. This system requires numerous samples to be collected to ensure proper operation. All sample analysis, instrument readings and inspections of this system must be placed in the operation records for this facility. 4. Please notify the Division when the system becomes operational. 1 If you have any questions, please contact me at 303-692-3437. t C Sincerely, i. Roger Doak Geologist Solid Waste Section Hazardous Materials and Waste Management Division cc: T. J'iricek, Weld County Health Department K. Schuett, Weld County Planning Department Ltind,Lind, Lawrence & Ottenhoff _ file SW/WLD/NOR/#4 1 1 940056 7 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW . THE LAW BUILDING w 1011 ELEVENTH AVENUE P.O. BOX 326 -- . GREELEY, COLORADO 80632 --' GEORGE H. OTTENHOFF November 9, 1993 TELEPHONE KENNETH F. LIND (303) 353-2323 KIM R. LAWRENCE (303) 356-9160 JEFFREY R. BURNS TELECOPIER (303) 356-1111 Board of County Commissioners of Weld County, Colorado 915 Tenth Street Greeley, CO 80631 Re : Northern Colorado Brine Dear Chairperson Harbert and Commissioners : After a thorough engineering review and legal analysis, Northern Colorado Brine has determined that submitting an Amended USR at this time is neither practical nor feasible . While prior odor problems have been remedied by management practices and biological remediation, and test operations of the new water treatment equipment have been very successful in removing bacteria and other sediments which caused odors, the exact volume and quality of treated water have not yet been finalized or proven. As water quality, content and volume have not been finalized, no backup or corresponding information could be submitted with an amended USR and CD application. As accurate documentation could not be provided, neither the amended USR nor CD application could be acted upon by the State and County. The resulting months long delay and possibility of modifying the application in the middle of the process makes the submission of an amended USR and CD at this time impractical . When Northern Colorado Brine has supporting information and backup data, especially as related to volumes and quality, an amended USR and CD can then be submitted. Due to the fact that an amendment cannot be submitted at this time, Northern Colorado Brine has elected to remove the pole barn insulating structure. All of the new water treatment equipment will be insulated by means of heat tape, insulation and earth berming. It is contemplated that the structure will be dismantled and removed by November 22, 1993 barring unforeseen weather problems . Very truly yours, LIND C , OTTENHOFF n Ken e Li KFL/cg pc : Mike Cervi Vern Nelson Department of Planning Services a LC;f /07 cc : 4 ; N Li8ccc,fs�iCp «�f ' 940056. WORK SESSION NOTES, NOVEMBER 1, 1993 Page 2 Northern Colorado Brine: Chuck Cunliffe, Keith Schuett, Ed Stoner, John Pickle, Jeff Stoll, Trevor Jiricek, Bruce Barker, Ken Lind, Vern Nelson, Mike Cervi, Patty DePlazes, and Glenn Hoynoski The Planning Department determined that the pole-barn structure was a material change and would require an amended USA. Northern Colorado Brine argues that it is essential and should be included in what was previously approved. The board agreed it is a substantial change and that the company must apply for an amended USR. The county would then release the building permit and they could proceed at their own risk. (Barbara Kirkmeyer now absent. ) The company will decide which of the following options to pursue: 1) put the water lines underground, thus eliminating the need for the-protective barn, 2) leave the water lines above ground, but insulate them and cover them with boxes, or 3) amend the USR to allow the pole-barn. They will advise the board of their decision by Monday, November 8. In the meantime, construction of the pole-barn must stop. cc: Commissioners County Council Don Warden Chuck Cunliffe Drew Scheltinga Bruce Barker Pat Persichino John Pickle 940056 1 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 ' GREELEY, COLORADO 80632 (_�'' GEORGE H. OTTENHOFF TELEPHONE KENNETH F. LIND KIM R. LAWRENCE ( 353-2323 September 28 , 1993 (3303)03) 356-9160 TELECOPIER JEFFREY R. BURNS (303) 356-1111 Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention: Keith Schuett Re : USR-540 (Northern Colorado Brine) Dear Mr. Schuett : This office is in receipt of your letter dated September 21, 1993 which contains three pages of proposed new operation standards . As I discussed with you by telephone conversation on September 20 , 1993 the Planning Department as well as Health Department continue to formulate and develop new operation standards which are both improper, illogical and go far beyond the resolutions of the Board of County Commissioners which determine that the new equipment is a "minor change" and could be installed subject only to review by the Planning and Health Department . We have attempted to cooperate with you on a continual basis even going to the extremely expensive and lengthy process of submitting amended design and operation plans which were also not required by the Board of County Commissioners . When I state that you continue to add numerous requirements far beyond reason, I would refer you to a letter dated September 21, 1993 from Mr. Doak with the Colorado Department of Health. His extensive review resulted in only four comments whereas you have three pages . Additionally, I would refer you to a memo dated August 27th from Mr. Pickle to yourself which contained only eight recommended conditions for approval, and I am sure that you remember that I only had one minor change on those original eight conditions . Now, you continue to heap new requirements and recommendations upon this minor change and the volume and extent of your changes are unacceptable . In reviewing your proposed operation standards, we do find some of them to be reasonable and acceptable . Specifically, we can accept 1 (a) , (b) , (c) , (e) , (f) , (g) and (i) as written. As to 1 (d) , the word "observe" is objectionable and not acceptable . Please remember that we are only talking about brine water and I am sure there is not a single facility in Weld County 940056 Weld County Department of Planning Services September 28, 1993 Page 2 or industry that is required to continually "observe" every single facet of operations . Having an employee stand and observe all operations at the site is not reasonable, is a significant waste of time and money and does not make sense . I have suggested to you that the word "supervise" be substituted and we have no problem with our client supervising operations but to request an employee to continually observe all disposal operations is far beyond reason. As to proposed operation standard 1 (h) , the last sentence must be deleted. Representatives of the district have inspected the plans and facilities and have issued a letter to Mr. Stoner which you have on file . You had originally requested Northern Colorado Brine to have the plans inspected, this was done, but now you are adding additional requirements which are unacceptable . Your proposed operation standard removes authority from the Board of County Commissioners and grants it to a district which is not subject to any type of oversight or review and is thus unacceptable . We have always worked with the district and have incorporated many of their recommendations and suggestions into operations at the site . However, requiring some type of recommendation to be followed is not appropriate and, I would add, it shifts potential legal liability to the district which I am sure the district would not desire in any way. Your proposed standards (j ) , (k) and (1) are also inappropriate as they have nothing to do with installation and operation of new equipment . We have provided to you radioactive screening tests which have been performed at the site and you do have those in your files . Your suggestions as to new indicators are also not acceptable according to our client ' s engineers and, I would add, that the existing indicators have been specifically approved and are quite reliable . As to existing trees , we cannot determine which, if any, trees are dead at this time and this also goes beyond logic . Our consultants have also advised us that your request to screen all water at the site as you have proposed cannot be accomplished. The site currently screens the water in accordance with State Health Department regulations . As your operation standards have nothing to do with the installation and operation of the new equipment and are unreasonable, we have no choice but to reject all of them at this time . As your department was requested to review the plans , it is your sole responsibility for any delay in operations that this may cause at the site . Due to your unreasonable delay, response and recommendations, our office will now inform the Colorado Air Quality Control Commission that the compliance schedule cannot be 940056, Weld County Department of Planning Services September 28 , 1993 Page 3 followed due to actions of administrative officials with Weld County. If you would like to revise your recommendations in accordance with Mr. Pickle ' s August 27th memo, Mr. Doak' s letter of September 21, 1993 and my comments, we would be pleased to again review them. However, this review as contemplated has gone beyond all reasonable standards and requirements and will result in needless delay and expense . Very truly yours, LIND ENCE & T F • K h F. KFL/cg pc : Board of County Commissioners Ed Stoner, Weld County Building Inspection Trevor Jiricek, Weld County Health Department Lee Morrison, Assistant County Attorney Vern Nelson Mike Cervi Greg Hobbs Patty DePlazes 940056 L 7-701k 17?out& XSPC Attorneys At Law 1775 Sherman Street•Suite 1300 Denver, Colorado 80203 (303)861-1963•Fax: (303)832-4465 Ext . 123 October 20 , 1993 Mr. Tom D. Getz, Director Mr. David Ouimette, Program Manager APCD- -SS- -B1 Air Pollution Control Division 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 Re: Notification of Extension of Compliance Schedule Northern Colorado Brine v. Air Pollution Control Division Dear Mr. Getz : On behalf of Northern Colorado Brine we give you notice under the agreement of July 30, 1993, that the compliance schedule set forth in that agreement, for reasons beyond the control of Northern Colorado Brine, must be extended to accommodate the time necessary to obtain the necessary clarifications, approvals, and/or permits for proper all weather leak detection protection of the heater treater equipment system, particularly the water lines. Please see the attached letter of Ken Lind to the Weld County Commissioners dated October 20, 1993 . The extent of the compliance schedule delay is entirely dependent on the autnosities of Wt;ld County since they requested that the lines not be buried in order to allow leak detection but have not yet approved the request for building of a structure which would allow the required weather protection while providing for the requested assurance of leak detection. While we cannot estimate the length of the delay until Weld County responds to Mr. Lind' s letter we are notifying you that all compliance schedule dates should be considered extended at least one month. We will amend the stated length of this extension under the agreement to reflect a shorter or longer period, as necessary, when we obtain Weld County' s response. Exh,b,]2 mg— ed : Pt, i/L, . 'vcc_ c.f-cf-r) 940056 In the meantime we would appreciate any good offices you may lend to resolving this seeming impasse. Best regards . Sincerely, Gregory J. Hobbs, Jr. for Hobbs, Trout & Raley, P. C. cc. Ms . Christy Klein Board of County Commissioners for Weld County Mr. John Pickle Mr. Chuck Cunliffe Mr. Mike Cervi Mr. Ken Lind Ms . Patty DePlazes 8400,56 LIND, LAWRENCE & OTTENROFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 QREELEY, COLORADO 50633 GEORGE H. OtTENHOPF TELEPHONE (3031 J334323 KENNETH F. C (303) ]56-9:60 W'w.R LAWRENCE TELECOPIEA (3W) 7561111 JEFFREY R BURNS October 20, 1993 RAND DELIVERED Weld county Board of County Commissioners S15 Tenth Street Greeley, CO 80631 RE: USR-540 (Northern Colorado Brine) Dear Chairperson Harbert se Commissioners : In accordance with your resolution oe July 9, 1993 which determined that the new heater treater equipment was a minor change, Northern Colorado Brine proceeded with plans, construction and installation of the new equipment . Those original plans provided for all water lines to be located below frost level in the ground. Upon a review of the plans, the Weld County Health Department requested that all lines be located above ground to facilitate any leak detection and/or repairs . Northern Colorado agreed to this request and indicated that the lines would then have to be insulated to protect them from freezing. Engineering review and analysis of the above-ground lines resulted in a suggestion that a simple pole-barn structure be constructed over the equipment and lines which would serve to protect the equipment as well as to insulate the piping. On September 28 , 1993 , a representative of Northern Colorado Brine contacted the Meld County Planning Department, informed planning that a pole-type building would be constructed for weather protection and insulation purposes, and that the building would contain no electrical or plumbing. On October 18, 1993 , the representative of Northern Colorado Brine received a letter from the planning department which indicated chat the pole-barn structure would be a material change and would require an amended USR, and thus refused to issue a building permit or approve the protective structure . Protection and insulation of the equipment is absolutely vital memaia,ibi 6.IU 940056 ;3 an inte rel part of the new treatment and is, necessarily, B insulation,equipment . Without providing protection and proper Northern Colorado Brine cannot operate the new equipment. Based upon the denial from the planning department, Northern Colorado Brine had no choice but to inform the Air Quality Division of the State of Colorado that the compliance schedule time guidelines could not be met, and the new equipment could not he operated due to actions of the Weld County Planning Department . It is our request to schedule a work session or review hearing concerning the disapproval of the pole structure and denial of the building permit . As the protective structure is necessary for proper operation cC the equipment, it is inconceivable that this structure can be considered a "major change" and not part of the equipment designated de a minor change. We would request that the work session be scheduled at the earliest possible date to further avoid delay. Very truly yours , LIND, LAWRENCE & O,7TENHOr'r l� / I KPL/sef cc : Lee Morrison, Assistant County Attorney (Hand Delivered) Vern Nelson (via fax) Greg Hobbs, Esq. (via fax) r:xnv ...bran.h7 940056 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 (' GREELEY, COLORADO 80632 - GEORGE H. OTTENHOFF " ' TELEPHONE KENNETH F. LIND (303) 353-2323 KIM R. LAWRENCE (303) 356-9160 TELECOPIER JEFFREY R. BURNS (303) 356-1111 October 20, 1993 HAND DELIVERED Weld County Board of County Commissioners 915 Tenth Street Greeley, CO 80631 RE: USR-540 (Northern Colorado Brine) Dear Chairperson Harbert & Commissioners : In accordance with your resolution of July 9, 1993 which determined that the new heater treater equipment was a minor change, Northern Colorado Brine proceeded with plans, construction and installation of the new equipment . Those original plans provided for all water lines to be located below frost level in the ground. Upon a review of the plans, the Weld County Health Department requested that all lines be located above ground to facilitate any leak detection and/or repairs . Northern Colorado agreed to this request and indicated that the lines would then have to be insulated to protect them from freezing. Engineering review and analysis of the above-ground lines resulted in a suggestion that a simple pole-barn structure be constructed over the equipment and lines which would serve to protect the equipment as well as to insulate the piping. On September 28, 1993 , a representative of Northern Colorado Brine contacted the Weld County Planning Department, informed planning that a pole-type building would be constructed for weather protection and insulation purposes, and that the building would contain no electrical or plumbing. On October 18, 1993 , the representative of Northern Colorado Brine received a letter from the planning department which indicated that the pole-barn structure would be a material change and would require an amended USR, and thus refused to issue a building permit or approve of the protective structure . Protection and insulation of the equipment is absolutely vital f:\kffiletters\boardiv bxhih;f /CI CL ; it , ,j/G e° (zt7) 940056 • (,Ai!\ DEPARTMENT OF HEALTH 1517• 16 AVENUE COURT gipe. GREELEY, COLORADO 80631 ADMINISTRATION (303)353-0586 HEALTH PROTECTION(303)353-0635 COLORADO COMMUNITY HEALTH(303)353-0639 August 4, 1993 Vern Nelson Nelson Engineers 822 7th Street Greeley, Colorado 80631 Dear Mr. Nelson: The Environmental Protection Division of the Weld County Health Department has completed the review of the "Pond Restoration Plan" for the Northern Colorado Brine facility, dated July 27, 1993. The Division in its review, requests clarification on the following: 1) Page 1, paragraph 1, states that "the floor will be inspected and tested for lining depth and compaction." What will this inspection consist of? Provide the method to be used to determine liner depth and compaction. Provide the Division with quality control methods intended to be incorporated for any replacement or re-compaction of the lining material. 2) Page 1, paragraph 1, states "the lining will be replaced to a minimum 12 inches thickness and re-compacted. . . ." Will the existing liner be removed and replaced or will it be re-compacted in place? If the existing liner is removed and new material is placed, how will the existing liner material be disposed? Where will the new material be obtained from? 3) Page 1, paragraph 2, states "the dikes will be reshaped and compacted as necessary with acceptable material." What is the purpose of reshaping the dikes? Will reshaping change the current structure of the ponds? 4) Page 1, paragraph 3, states "the aeration equipment will be reinstalled only if disposal of the pond water cannot be accommodated. . . ." The Division requests that if the aeration systems are reinstalled a comprehensive operations plan be developed and submitted for review and approval. This plan should address such operational procedures such as the method of shut-down in wind conditions, etc. 5) Page 2, paragraph 1, states "the depth of water to be discharged to Pond 4• • . .if the water is of reusable quality as expected from the new treatment system, then the depth would be unlimited up to a safe freeboard ia3 94405-6 W3 i Vern Nelson Nelson Engineers August 4, 1993 Page 2 height." According to the facilities current design and operations plan the depth of waste in each pond shall be no greater than thirty f water inches. However, if the facility demonstrates a high quality after allowing threater than Division �thirtyuld nsider, if(30) incheseofewater inetheng this ponds. plan and allowing g 6) Page 2, paragraph 3, states "the bottom accumulation is expected to be inert and will be disposed of in a landfill after adequate drying." Provide the Division with the facility in which these materials are to be disposed when determined. Please be advised that all activities th Re ulati.ons Pertaining to Solid Waste Disposal compliance with Section 6 of the "Reg Sites and Facilities". These conclude the Division's comments on the "Pond Restoration Plan" for the Northern Colorado Brine facility. Please address the issues detailed above and submit them in a comprehensive document. If you have any questions, please contact me at (303) 353-0635. Sincerely, "Idtfartf1/4) ZICPLA-°t'e14. Trevor Jiricek Solid & Hazardous Waste Specialist /tj-1505 cc: Roger Doak, Colorado Department of Health Keith Schuett, W.C. Planning Department Ken Lind, Lind, Lawrence & Ottenhoff Mike Cervi, Northern Colorado Brine 103 94fl05b �- RECEIVED JUL 2 9 1993 NELSON ENGINEERS 822 7TH STREET GREELEY,, COLORADO 80631 (303) 356-6362 July 27, 1993 Mr. Trevor Jiricek Solid & Hazardous Waste Specialist Weld County Health Department 1517 16th Ave. Ct. Greeley, CO 80631 Re: Northern Colorado Brine Pond Restoration Dear Trevor, At your request I am submitting herewith a plan for draining and restoring the ponds at the Northern Colorado Brine waste facility. I recently submitted a letter to you regarding plans for repairing erosion damage in Pond #4 when it has been drained. Concurrently with the water evacuation from Pond 4, Ponds 3 (a) and 3 (b) are being pumped to Ponds 1 and 2. As soon as 3 (a) and 3 (b) have dried adequately, the floor will be inspected and tested for lining depth and compaction. As deemed necessary after the inspection, the lining will be replaced to a minimum 12 inches thickness and recompacted in accordance with Paragraph 7(b) of the Operations Standards for Road 54 E-Vap Park. Upon rehabilitation of Ponds 3 (a) and 3 (b) and the installation of the new water treatment system, there should be no need for the aeration system in these ponds . As part of the rehabilitation work, the existing system will be removed and not reinstalled at a later time, according to the current plans. The dikes will be reshaped and compacted as necessary with acceptable material. When the work is completed, the ponds will provide an environment free of past bacterial activity and objectionable hydrocarbons. After completion of Ponds 3 (a) and 3 (b) , both Ponds 1 and 2 will likewise be rehabilitated. Though a final decision regarding sequence of rehabilitating is yet to be made, Pond 2 would now appear to be most likely the next one to be cleaned. The same process of emptying, drying, inspecting, and compacting will be used for Ponds 1 & 2 as was used for Ponds 3 ( a ) and 3 ( b ) , regardless of sequence. The aeration system in Pond 2 will be removed and will not be reinstalled after the repair work. The aeration system in Pond 1 will be removed during the cleaning and rehabilitation work. The aeration equipment will be reinstalled only if disposal of the pond water cannot be accommodated by some method other than through evaporation. Upon reinstallation, the nozzles will be redesigned to preclude unwanted or undesirable dispersal. / 03 9400.56 Pond 4 will be repaired in accordance with plans submitted earlier. Because the pond is relatively new, cleaning of the bottom is not now needed. The depth of water to be discharged to Pond 4 is a function of the quality of water to be held therein. If the water is of reuseable quality as expected from the new treatment system, then the depth would be unlimited up to a safe freeboard height. However, if the water delivered to the pond continues to be a brine water, then 30" of average water depth will be developed. There is about 10 feet of differential elevation in the floor of Pond 4. Such a bottom slope resulted from subsurface conditions that existed in the area. As a result, maintaining a consistent depth throughout Pond 4 is not practical. However, greater pond benefit can be accomplished by building cofferdams within the pond. At such a time as cofferdam construction is deemed feasible, a specific design will be provided. In general the construction of the interior dams would follow contours such that each pond would be maintained at an average water depth of 30". Thus the maximum water surface area will be created to enhance evaporation. The D & 0 plan developed in 1983 and 1984 anticipated accumulation of salt at the rate of 0.4 inches/year in the pond bottoms. Ponds 1, 2, 3 (a) and 3 (b) were constructed to store up to six inches of salt, thus providing approximately 15 years of use before cleaning is necessary. With the plan of cleaning now beginning, an accumulation of about 4" of salt can be anticipated. The bottom accumulation is expected to be inert and will be disposed of in a landfill after adequate drying. The drying process will take place either in the ponds themselves, or the salty material will be removed and placed on adjacent vacant land to dry adequately before landfill disposal. If you have any questions, please contact me. Respectfully, 'a Vern C. Nelson, P.E. pc: Ken Lind Mike Cervi 940056 41 /68 � • • tl DEPARTMENT OF HEALTH 1517- 16 AVENUE COURT GREELEY, COLORADO 80631 O ADMINISTRATION (303) 353-0586 HEALTH PROTECTION (303) 353.0635 COMMUNITY HEALTH (303)353-0639 COLORADO August 4, 1993 Ken Lind Lind, Lawrence & Ottenhoff P.O. Box 326 Greeley, Colorado 80632 Dear Mr. Lind: I am writing to confirm our telephone conversation of July 30, 1993, in which we discussed the operation of the aeration system at the Northern Colorado Brine facility. As we agreed, item #2 of my July 15, 1993, letter should be amended to state: 2) The system is operated only during periods when anemometer readings are 0 to 5 mph or other equivalent measurement. If you have any questions, please contact me at (303) 353-0635. Sincerely, Trevor Y` Jiri k Solid & Hazardous Waste Specialist tj / cc: Keith Schuett, W.C. Planning Department Mike Cervi, Northern Colorado Brine 051 9400a rn wa- Ekhz b(.f /D .� :CEIVED J UI L 1 9 1993 DEPARTMENT OF HEALTH 'D 1577- 16 AVENUE COURT GREELEY, COLORADO 80631 WI ADMINISTRATION (303)353-0586 O HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303)353-0639 COLORADO July 15, 1993 Kenneth F. Lind Lind, Lawrence & Ottenhoff P.O. Box 326 Greeley, Colorado 80632 Dear Mr. Lind: The Environmental Protection Division of the Weld County Health Department has completed the review of the operational plan for the aeration bubbler and aeration misting systems, dated July 1, 1993, for the Northern Colorado Brine facility. The Division approves of the operational plan for the aeration bubbler system as submitted. The Division approves of the operational plan for the aeration misting system with the following provisions: 1) The system is operated during daylight hours only. 2) The system is operated only during periods when anemometer readings are 0 mph or other equivalent measurement. This concludes the Divisions review at this time. If you have any questions, please contact Trevor Jiricek at (303) 353-0635. Sincerely, /711"nt' (.~ Trevor Jiricek Solid & Hazardous Waste Specialist tj/1367 cc: Keith Schuett, W.C. Planning Department Roger Doak, Colorado Department of Health /D 9- 340056 LIND, LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O. BOX 326 GREELEY, COLORADO 90632 GEORGE H. OTTENHOFF TELEPHONE KENNETH F. LIND KIM R LAWRENCE (303) 353-2323 July 15 , 1993 (303) 356-9160 TELECOP(ER JEFFREY R. BURNS (303) 3561211 Weld County Department of Health 1517 16th Avenue Court Greeley, CO 80631 Attention: Trevor Jiricek and John Pickle Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 Attention: Keith Schuett Re : Northern Colorado Brine Gentlemen: On July 8th and 9th of 1993 we received from both of you a list of questions concerning the new heater treater equipment to be located at Northern Colorado Brine . We presented those questions to El Toro Management Systems, Inc . and their consultants for review and response . The purpose of this letter is to respond with as much detailed information that we currently have available for your questions and the responses will be supplemented as additional information is finalized. We believe that these responses do adequately respond to most of your questions but if you do need additional information or have some additional questions, please prepare them in written form at your earliest possible convenience so that we can immediately respond to any additional questions and/or comments . The questions and responses are provided on separate attachments and I must advise you that the responses are strictly confidential , are considered to be proprietary and trade secret information and are not to be made part of any public record or provided to any entity or individual outside of your respective departments (for review purposes only) , without express written permission of El Toro Management Systems, Inc . of San Angelo, Texas and Mr. Mike Cervi of Sterling, Colorado . All of the attached information is protected by both Colorado and Texas Trade Secrets Acts and this information could be used by potential competitors for their advantace . EXHIBIT 94O056 �p I /01 Weld County Department of Planning Services Weld County Department of Health July 15 , 1993 Page 2 Thank you for your attention and cooperation in this matter and if you have further questions or comments , please contact the undersigned. Very truly yours, LIND, N OTTENHOFF 12192 i Kenneth F. Lind KFL/cg Enclosure pc : Mike Cervi El Toro Management Systems , Inc . Lee Morrison, Assistant County Attorney JD / 940056 QUESTION: In regard to the aeration system; Weld County has propounded seven questions concerning the aeration/misting system. At this time we can advise you that Northern Colorado Brine and El Toro do not intend to install or utilize any type of aeration or misting system with the new equipment installation. On or about June 10 , 1993 you were provided with some base information including a drawing. The drawing did include an aeration and misting system on three of the ponds . The only reason that these were included on the drawing was the understanding on the part of El Toro that the County was absolutely requiring some type of aeration and misting system. Due to the technology and expected result of the new treatment process, there will be absolutely no need for aeration and/or misting as the water will be of adequate quality allowing the water to be used for irrigation purposes or for drilling purposes, or the water will be adequately clean and clear for pond evaporation that aeration will not be necessary with proper management . The ultimate use of the waters from the new system depends upon the quality and quantities permitted. In any event, the hydrocarbons and bacteria which are responsible for current problems will not exist in the new water and ponds and an aeration/misting system for evaporation and oxygenation of the pond waters will not be needed. Therefore, your propounded questions concerning the aeration system will not be answered as an aeration and/or misting system will not be utilized or installed. As to the Heater/Treater system; QUESTION #1 The proposal states that treated water is to be of irrigation quality. Demonstrate what reduction in BOD, Oil & Grease, Sodium, Chloride, and odor forming bacteria can be expected from the point the waste water is unloaded into the dump pit to the point it is discharged into a pond. ANSWER #1 The hydrocarbons (oil, grease and similar compounds) entrained in the delivered brine and production water will be reduced to a level of between 10 and 50 parts per million. Chlorides will be approximately 5900 parts per million or less . Sodium and other dissolved solids will be eliminated under the process . The process also kills (destroys) all bacteria. The system receives water from the point of discharge (unloading) , the water is circulated through the new heater treater system and then after going through the heater treater process and system the water is discharged into the ponds containing the above compositions . 1 / 6 / 940056 3 QUESTION #2 The sketch provided indicates that a chemical pump and a filter are located on the transfer line between the skim tank and the pre- heater. What is the purpose of each? If a chemical is injected, what is it? What concentration of chemical will be stored on site? Where will it be stored? At what rate is the chemical to be injected? How will the rate be measured and monitored on site? ANSWER #2 The purpose of the filter is to filter (and remove) any trash and/or foreign material that might be present in the brine and/or production fluids . The chemical pump is used to inject specific chemicals into the flow stream. The chemical used is OFC (R) E-4199 Emulsion Breaker. The rate of injection will be determined by further analysis of the production and brine waters . The rate of injection is monitored by a computerized chemical pump system. The emulsion breaker chemical will be stored in an insulated building with a cement slab floor and a fire wall with a volume of 1500 of the tank volumes . Chemical storage will be based upon 2, 000 barrels of brine water received per day with a 30 day inventory and capability of expansion if additional volumes of fluids are permitted at the site . Chemicals for the operation will be stored on site as indicated. A 30 day inventory will be maintained. It is estimated that 1, 000 gallons of chemicals will be stored (and used) every 30 days for a 2 , 000 barrel per day brine operation. Due to construction limitations and problems of adding additional storage tanks at a later date, three 1, 500 gallon industrial PVC chemical storage tanks will be installed. QUESTION #3 The proposal indicates that as the "fluid leaves the pre-heater and travels into the second stage of the heater treater" a water clarifying chemical is injected. Demonstrate how this chemical is to be injected. What chemical is to be injected? How will the chemical be stored on site? At what rate is the chemical to be injected? How will the rate be measured and monitored on site? ANSWER #3 The chemical injected at this point is OFC (R) WC-4886 Water Clarifier and the exact same procedure as outlined in Answer *2 is followed at this stage . QUESTION #4 Provide a detailed sketch of the heater treater, detailing the oil bucket , interface sensitive switch; sand jet system, etc . 2 940056 4 ANSWER #4 Completed engineering blueprints of the system will not be finalized until the week of July 26 , 1993 . The engineering blueprints will be provided to you as soon as they are available . QUESTION #5 What is the capacity of the heater treater and attached transfer lines? ANSWER #5 The heater treater first stage capacity is 303 barrels and the second stage capacity is 417 barrels . QUESTION #6 How will the heater treater and associated units be powered? electric? natural gas? ANSWER #6 The heater treater system will be powered by propane . QUESTION #7 The proposal states that "as the fluid leaves the heater-treater, an oxidizing agent is injected. " What is the agent to be injected? Is it to be injected at the chemical pump? other? At what rate is the chemical to be injected? Where will the chemical be stored? ANSWER #7 The chemical used is OFC (R) OX 5906 Oxidizer. The injection procedure is the same as detailed in Answer #2 . QUESTION #8 What are the Sara Title III reporting requirements of any chemical stored on site? ANSWER #8 The only chemical listed on the Sara Section 313 list is a chemical which is a component of the OFC (R) WC-4886 Water Clarifier. All reporting requirements for the State of Colorado and Weld County will be complied with and provided to the proper agencies . El Toro has not been provided with the agency names and addresses for SARA reporting at this time . 3 /0 / 940056 5 QUESTION #9 The proposal indicates that "a sand jet system inside the heater treater washes the solids to a scrubber tank where they are oxidized with an oxidizing agent" . The scrubber tank is not indicated on the provided sketch, where is it located? Is the oxidizing agent the same agent used in the discharge line? If not, what is this chemical? How will the rate be measured and monitored on site? ANSWER #9 The scrubber tank is shown on the drawing entitled "Northern Colorado Brine Weld County Proposed Modification June, 1993 " , under the letter (J) . The chemical used is the OFC (R) OX-5906 Oxidizer. The rates will be determined by analysis run by the company that provides the specific chemicals based upon and measured by the concentration of solids removed from the brine water on site during start up and tuning operations . Monitoring is done by training and observation with the operator as well as by analysis of the final water product . QUESTION #10 Where will the waste accumulated in the scrubber tank be disposed? What is the expected waste constituent characterization? What analysis will be conducted? ANSWER #10 The waste in the scrubber tank is processed by adding the chemical OFC (R) OX-5906 Oxidizer and circulating the material with the use of a circulating pump . This process takes approximately three hours . The waste is purified and put into a liquid state and remains in that state to return to the ponds . The only solid material remaining will be sand which will be periodically analyzed and disposed of in a commercial disposal facility. The analysis data for the sand will be provided to the County and/or State upon request as well as the operator/owner of the commercial disposal site . If the State of Colorado or Weld County require any special type of analysis of the sands, whatever is requested for analysis will be provided and done on a reasonable basis . QUESTION #11 The proposal indicates that all transfer lines will be located underground. The Division would prefer that these lines be located above ground to detect any leakage which may occur. What is the feasibility of this? 4 /0 / 940056 6 ANSWER #11 Pursuant to Weld County' s request, all lines will be located above ground but insulated to protect from freezing. QUESTION #12 What is the type of foundation is the heater treater and associated equipment to be located on? Will a impervious liner be provided under the heater treater and associated equipment? ANSWER #12 The foundation will be cement piers reinforced with rebar. An impervious liner will be placed under the heater treater with a dike constructed around the system to hold 150% of the volume of the system. QUESTION #13 The sketch indicates that three outlets from the system to the pond exist . Currently, only one outlet exists . How many of these will need to be constructed? Demonstrate the proposed construction of each? ANSWER #13 The drawing shows three inlet and outlet pipes . Starting from the right side of the drawing, the far right is an existing outlet pipe which takes water from the existing heater treater to various ponds . This line will be slightly redesigned, above ground, but the function will remain the same which is to take water from the new heater treater to the ponds . The middle pipeline will also be an outlet line (not an inlet line as shown on the diagram) and the purpose of this line will be to take clean water from the scrubber tank (J) back to pond 2C after scrubber treatment is finished. The far left line is an intake line which will take water from Pond 2C to the scrubber tank (J) and this water is used in the treatment of the solids . All of the pipes will be constructed above ground and insulated; the middle and left lines will need to be constructed, the right line only modified. Final construction details and drawings of these lines have not been finished but the construction is very simple . QUESTION #14 What type of monitoring equipment is on the system to insure that it is working adequately? To insure that the pre-heater heats the water to 60 F? 5 10 / 91.©306 7 ANSWER #14 The system is so simple that special monitoring equipment is not needed, not available and not installed. The very best and most effective monitoring takes place with the discharge water analysis as analysis can immediately determine if any component is not operating properly. Furthermore, as the electronic fail/safe shutdown is designed to automatically shut down the entire system if any component fails or does not work, that alleviates the need for any type of additional monitoring. The pre-heater has both a thermostat for setting and a thermometer for reading to determine that the proper temperature as set by the thermostat is achieved. QUESTION #15 What type of monitoring system is the facility intending to employ? Specifically regarding monitoring the water to insure that proper SOD and Oil & Grease concentrations are being met prior to discharge into the pond? ANSWER #15 Daily water samples will be taken and analyzed through a centrifuge to determine if any hydrocarbons are present . Si-monthly water analysis will be done by an independent testing company to determine if any dissolved solids or bacteria are present . QUESTION #16 What is the expected time frame for construction? Operation? ANSWER #16 Construction of certain components of the system has commenced and it is estimated that on site construction and installation of the new system will be completed on or about September 10 , 1993 . Testing and start up will then take place between September 10 and September 25, 1993 with full operations in effect on or about September 25, 1993 . From September 25 through October 25, 1993 "fine tuning" , testing, analysis and review will take place with final inspection to be completed on or about October 25 , 1993 . QUESTION #17 Provide MSDS sheets for all chemicals to be used or stored on the facility. ANSWER #17 MSDS sheets are attached. 6 /0 / 940056 g QUESTION #18 In the event there is a malfunction to the equipment or requires maintenance, what type of back-up system or storage of waste is available? Provide a written procedure outlining these measures . ANSWER #18 If a malfunction of any component system or equipment occurs, the system is designed to automatically shutdown. Equipment failures are extremely rare, however, replacement equipment and repairs are available and all repairs can be effected normally within 12 to 24 hours . In the event of a shutdown of the system, the facility will not accept brine or production waters . QUESTION #19 What routine maintenance can be expected on the proposed equipment and associated materials? Based on other similar systems, describe this maintenance . ANSWER #19 Routine maintenance is minimal . The routine maintenance consists of lubricating pumps (if necessary) and routine inspection and analysis of incoming waters and outgoing waters . There is basically no other routine maintenance as it is a component system which does not require maintenance; the system either works as a whole or shuts down as a whole . QUESTION #20 Provide the name, location, and phone number of any similar facility in the United States . ANSWER #20 Similar facilities are located in several states but these systems were not installed by El Toro Management . At this time El Toro has not received permission from any other operating company to either inspect or provide to you additional details . As the equipment and operations including chemical compositions are considered proprietary and trade secrets, other similar facilities have not been willing to provide any information. 7 / p / 940056 9 Questions from Mr. Schuett. Question 1 and 2 (not questions) , #3 does not exist. ANSWER #4 The heater treater is 84 " D x 26' L with a capacity of 303 barrels and equipped with a 3 , 400 , 000 btu per hour burner. The second stage is 10 ' D x 30 ' L with a capacity of 417 barrels . ANSWER #5 Propane . ANSWER #6 The material safety data sheets are attached. ANSWER #7 The storage of the chemical is explained in the answer to Question #2 (above) in regard to the heater treater system. The chemicals are not listed as hazardous or dangerous under any State or Federal listing. ANSWER #8 No . Adequate separation and "quality" is achieved by maintaining a 600 F temperature . Increased temperature does not result in increased quality. ANSWER #9, #10 and #11 See responses to Weld County Health Department . ANSWER #12 Incoming brine and production water has been analyzed and has been determined to be standard brine and production waters used in the oil and gas industry. In fact, it has been determined that the entrenched hydrocarbons are considered light and thus easier to remove . The solids and salts are very standard in the oil industry. ANSWER #13 and #14 The resulting clean water, after going through the heater treater and treatment process , should meet or exceed Colorado quality standards for irrigation water. Testing will be done to determine the quality. If the water meets or exceeds irrigation quality, said water can then be used for irrigation purposes for on-site or 8 /0/ 940J5i /O adjoining farm production. If the water does not meet irrigation quality standards, the water can then be used for drilling purposes . ANSWER #15 Recirculation of existing pond waters will be determined after the new system is installed and operating. Recirculation of existing pond waters will be based upon the status of those waters in light of the bio-remediation program that is currently in effect . A final decision will be based upon the quality of the water in the ponds at that time . 9 /0 / 940056 // Hello