The URL can be used to link to this page

Browse Search

Home My WebLink About921833 fea. ,, DEPARTMENT OF HEALTH 464:. 1517-16 AVENUE COURT GREELEY,COLORADO 80631 ADMINISTRATION(303)353-0586 O HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303) 353.0639 COLORADO• December 18, 1992 Certified Leter No. : P 423 630 378 Legal Agent of Service for Northern Colorado Brine P.O. Box 5714 - Denver, Colorado 80217 BEFORE THE AIR POLLUTION CONTROL DIVISION COLORADO DEPARTMENT OF HEALTH STATE OF COLORADO COMPLIANCE ORDER IN THE MATTER OF NORTHERN COLORADO BRINE This Compliance Order is being issued by the Weld County Health Department and the Colorado Department of Health through the Air Pollution• Control Division ("Division") to Northern Colorado Brine pursuant to the Division's authority under section 25-7-115(3) (b) , C.R.S. (1989 & 1992 Supp.) . GENERAL FINDINGS OF FACT 1. An evaluation of the odor emissions of Northern Colorado Brine, located at 10600 Weld County Road 54 in Weld County, Colorado, was made on May 20, 1992, by Jeffrey L. Stoll. At that time the odor intensity registered at 31:1 dilutions to threshold on the Barnebey-Cheney Scentometer. It was determined that the facility was out of compliance with the Colorado Air Quality Control Commission Regulation 2. The operator at the facility was notified immediately after the evaluation. 2. A warning letter was sent to Northern Colorado Brine on May 21, 1992. The letter informed Northern Colorado of the potential of further legal Qgj&� ,r'�nr_ if violations continued. r _ � DEC 2 2. iyyl qaS" PIO re nlm clAnnino PL-0405� Q O 3. Violations of Regulation 2 were documented by Weld County Health Department on October 15, 1992. Readings obtained were at 31:1 dilutions to threshold using the Barneby-Cheney Scentometer. Notification of the violation was attempted immediately after performing the evaluation, however, there was no response to knocks on the door of the attendant's residence. A copy was left at the desk in the office outside the attendant's residence. The attendant, Herb Ikenouye, called and acknowledged receipt of the notice at 8:00 a.m. the following morning, October 16, 1992. 4. A Notice of Violation, dated October 28, 1992, was issued to Northern Colorado Brine, in accordance with the provisions of Section 25-7-115(2) , C.R.S. (1989) , by certified mail, return receipt requested. 5. On November 16, 1992, a conference was held for Northern Colorado Brine, at the Weld County Health Department in accordance with the requirements of the Colorado Air Quality Control Act, Section 25-7-115 (3) (a) , C.R.S. (1989) . The conference was held to give Northern Colorado Brine the opportunity to submit data, views, and arguments concerning a NOTICE OF VIOLATION which was issued in • accordance with the provisions of 25-7-115 (2) and dated October 28, 1992. No representatives for Northern Colorado Brine attended the conference due to the occurrence of an explosion at the facility the same morning. 6. The conference was continued on November 25, 1992, with representatives of Northern Colorado Brine in attendance. 7. A conference was held by the Weld County Health Department on November 25, 1992, in accordance with the requirements of the Colorado Air Quality Control Act, Section 25-7-115(3) (a), C.R.S. (1989) , at which time the Division reviewed the data and evidence concerning the odor violations of Northern Colorado Brine. CONCLUSIONS OF LAW It has been determined that a violation of the Colorado Air Quality Control Commission's Regulation No. 2 did exist, as cited in the NOTICE OF VIOLATION dated October 28, 1992. ORDER Based on the foregoing Findings of Fact and Conclusions of Law, and pursuant to Section 25-7-115(3) (b) and (c) , Northern Colorado Brine is hereby ordered to comply with the following: 1. Effective immediately, Northern Colorado Brine shall comply with the odor standard of 15:1 D/T for "other land use areas" as required by Air Quality Control Commission Regulation 2, A.2. 2. This Compliance Order is a final order of the Division. OPPORTUNITY TO APPEAL Pursuant to Section 25-7-115(4) (a), Northern Colorado Brine has the right to file a written petition with the Air Quality Control Commission within twenty (20) days of receipt of this Compliance Order, requesting a hearing to determine Q- • any one or all of the following: 1. Whether the alleged violation or noncompliance exists or did exist; 2. 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 violations or noncompliance; The Air Quality Control Commission's Procedural Rules, at Paragraph V.G.1.a. , mandates that all petitions for review of this order shall contain: a. Identification of the person requesting such hearing, address and telephone number. ' b. A statement of the relief requested and a general statement of the factual basis and legal justification for the requested action. c. A statement describing the person's interest in the matter. d. An estimate of the time required for the hearing. All hearing requests must be addressed to Chairman, Air Quality Control Commission, Colorado Department of Health, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530. NOTICE OF POTENTIAL LIABILITY FOR ADDITIONAL CIVIL PENALTIES AND INJUNCTIVE RELIEF Section 25-7-121, C.R.S. , states that in the event any person fails to comply with a final order of the Division, or the Commission, that is not subject to stay pending administrative or judicial review, the Division may request the Attorney General to bring suit for injunctive relief. Section 25-7-115(3) (b) , C.R.S. , authorizes the Division to assess penalties for failure to comply with a final order of the Division in accordance with Section 25-7-122, C.R.S. , for civil penalties in accordance with Section 25-7-122 in an amount up to $15,000 per day of violation. Section 25-7-123(3) (b) authorizes the Division to assess penalties up to $10,000 per day of violation for each day of odor emission in excess of 15:1 D/T. NOTICE OF EFFECTIVE DATE OF ORDER This .Compliance Order shall become effective upon receipt. WELD COUNTY HEALTH DEPARTMENT COLORADO DEPARTMENT OF HEALTH John Pickle, M.S.E.H. David R. Ouimette Director Chief, Compliance, Monitoring Environmental Protection Services and Enforcement Section Division Air Pollution Control Division -3- Q iF cc: Air Quality Control Commission Tony Trumbly, Assistant Attorney General Carol Smith, EPA Region VIII George Kennedy, Weld County Board of Commissioners Randolph L. Gordon, M.D. , M.P.H. , Director, Weld County Health Department • • -4- • DEPARTMENT OF HEALTH \, 1517•16 AVENUE COURT GREELEY,COLORADO 80631 ADMINISTRATION (303)353-0586 O HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303) 353.0639 • COLORADO December 16, 1992 Mike Cervi Northern Colorado Brine P.O. Box 5714 Denver, Colorado 80217 Dear Mr. Cervi: The Division has reviewed your Odor Abatement Plan, dated November 25, 1992. The four-part plan was evaluated as follows: 1. The Division feels that increasing the surface area by adding an additional pond may be effective in minimizing odors if two main conditions are true. First, if the odor is not an inherent characteristic of the brinewater as opposed to odors resulting from lack of aeration, this may be an effective odor reduction strategy. Secondly, if the level of brinewater intake does not increase such that the ratio of intake volume to surface area is significantly affected, odors may be reduced. Therefore, provided that the volume of brinewater processed at the facility does not increase, the Division feels that increasing the surface area may help to decrease odors. 2. Changing the aeration injection units from VCP to copper to increase airflow into the pond water is an acceptable measure to control odors. 3. The injection of enzymes to neutralize organic activity in the ponds is an acceptable measure to control odors. 4. Although the Division encourages Northern Colorado Brine to pursue any technology which may be effective in controlling odors, we do 'not consider that pursuit to be an odor control method in and of itself. In conclusion, the Division feels that Steps 1 through 4 are acceptable control strategies. However, please be reminded that should the above mentioned strategies prove to be ineffective, Northern Colorado Brine is still required to comply with the odor emission standard as required by the Colorado Air Quality Control Commission Regulation 2. Failure to maintain this stand• A necessitate a revised odor control plan and/or further legal action i - t�,' .� V with the Colorado Revised Statutes. DEC 18 1992 11 Weld County Planning Mike Cervi Northern Colorado Brine December 16, 1992 Page 2 If you have any further questions regarding this matter, please call 353-0635. Sincerely, Jeffrey L. Stoll, Supervisor Environmental Protection Services cc: Chuck Cunliff, Planning Services NELSON ENGINEERS 822 7TH STREET GREELEY, COLORADO 80631 (303) 356-6362 December 11, 1992 WELD COUNTY HEALTH DEPARTMENT Attn: Trevor Jiricek 1517 16th Avenue Court Greeley, Colorado 80631 COLORADO DEPARTMENT OF HEALTH Attn: Roger Doak 4300 Cherry Creek Drive, South Denver, Colorado 80222 IELD COUNTY BUILDING DEPARTMENT 915 10th Street Greeley, Colorado 80631 RE: Northern Colorado Brine - Road 54 E-Vap Pond Construction of Pond #4 Dear Sirs: This letter is being submitted as a supplement to the letter that I issued on December 10, 1992. I have found this supplement necessary to clarify why earthwork is continuing at the subject site. During the day of December 10, when earthwork was to have been completed, our materials technicians found an area in the southwest corner of the pond that was borderline as far as meeting the established compaction requirements. This matter was discussed with the owner who then elected to import some additional drier clayey material to mix with the on-site floor material at the problem location to insure a compaction quality in excess of specification. Both Empire Laboratories and my office are satisfied that this importation of drier clayey material mixed with the on-site soil has increased the compactability of the floor material and will decrease its permeability rating. J* DEC f4 199t \1\1 Weld County Mani! We have continued testing the material throughout the day on' December 10 and will continue to do so on December 11, and until earthwork movement ceases at this location. We are confident that the additional imported material will result in meeting or exceeding the specifications for both compaction and permeability rates in the floor of Pond 4 at this particular location. The official test results will be submitted to your office as soon as they are available. Respectfully, NELSON J/ENGINEE//RSA� G? -G�/1��/a /TflC�a% LaVern C. Nelson, P.C. LCN:kb cc: Ken Lind Mike Cervi 1211. 222 T fsittai.,6v mEmoRAnDum WilkTo Chuck Cunliffe, Planning Da December 10, 1992 COLORADO John Pickle, Heal From Subject: Northern Colorado Brine Please review the attached Compliance Order for Northern Colorado Brine. This letter documents a violation of Colorado Department of Health Air Regulation # 2 regarding odors. It appears that this is a violation of USR - 540:83:3, Operation Standard 0 1. If you have questions, please contact me. r"afplan I � h'�?r�t53pJp� n �' © c) .,, ,„ ,... - , • . „......\\ it ,* „ 992 DEPARTMENT OF HEALTH �tDEc1fl \ s q.c-'A^v—:"ue- GREELEY, COLORADO 80631 a O ADMINISTRATION (303)353.0586 iglu HEALTH PROTECTION (303).353.0635 COMMUNITY HEALTH (303)353-0639 COLORADO December 10, 1992 - Certified Letter No. : P 423 630 378 Legal Agent of Service for [Northern CSlozado Btine P707-Box-5714 - Denver, Colorado 80217 ORDER FOR COMPLIANCE Dear Sirs, On November 25, 1992, a conference was held with Northern Colorado Brine, at the Weld County Health Department in accordance with the requirements of the Colorado Air Quality Control Act, Section 25-7-115 (3) (a). The conference was held to give Northern Colorado Brine the opportunity to submit data, views and arguments concerning a NOTICE OF VIOLATION which was issued in accordance with the provisions of 25-7-115 (2) and dated October 28, 1992. A brief summary of the conference follows: [violations of—Regulation 2 were documented by Weld County---Health_ Department on-October 15; 1992. Readings obtained were at 31:1 dilutions 6r-threshold using the Barneby Cheney Scentometer. Notification of the violation was attempted immediately after performing the evaluation, however, there was no response to knocks on the door of the attendant's residence. A copy was left at the desk in the office outside the attendant's residence. The attendant, Herb Ikenouye, called and acknowledged receipt of the notice early the following morning. Northern Colorado Brine indicated that they have implemented modifications and repairs to the facility which they believe will control odors. These alterations include replacing plastic aeration nozzles with copper to prevent corrosion and the installation of an enzyme injection unit to neutralize microorganic activity. Northern Colorado Brine also indicated that the installation of an additional evaporation pond will increase the surface area by 46.6% and subsequently reduce the level of odors. All data, views and arguments concerning the violation as cited, which were presented at the conference, have been reviewed. It has been determined that a violation of the Colorado Air Quality Control Commission's Regulation No. 2 did exist, as cited in the NOTICE OF VIOLATION dated October 28, 1992. a �0 Q • Legal Agent of Service for Northern Colorado Brine December 10, 1992 Page 2 In accordance with Section 25-7-115 (3) (b) and (c) , C.R.S. , this letter shall serve as an ORDER FOR COMPLIANCE. Northern Colorado Brine shall comply with the requirements of Regulation 2 (copy attached) . This ORDER FOR COMPLIANCE is a final order issued by the Division. Failure to comply with a final order of the Division may result in further enforcement action under C.R.S. , 25-7-121 (court injunction) and 25-7-122 (civil penalty of up to $25,000 per day) . Pursuant to Section 25-7-115 (4) (a) , Northern Colorado Brine has the right to file a written petition with the Air Quality Control Commission requesting a hearing within twenty (20) days of receipt of this letter. The hearing may be requested to determine any one or all of the following: • I. "Whether the alleged violation of non-compliance exists or did exist"; II. "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 violations or non-compliance". III. "Whether the owner or operator is subject to non-compliance penalties under Subsection (5) of this Section". All hearing requests should be addressed to Chairman, Air Quality control Commission, Colorado Department of Health, 4300 Cherry Creek Drive South, Denver, Colorado 80222-1530. Should you have any questions concerning this matter, please contact this office at 353-0635.. Sincerely, e77 n Pic le, Director Dave Ouimette Environmental Protection Services Chief of Compliance Monitoring and Enforcement Weld County Health Department Stationary Sources Section Air Pollution .Control Division Colorado Department of Health cc: Tony Trumbly, Assistant Attorney General Air Quality Control Commission George Kennedy, Weld County Board of Commissioners Randolph L. Gordon, M.D. , M.P.H. , Director, Weld County Health Department JS/ejscomp.eps \ - DEPARTMENT OF HEALTH 1517- 16 AVENUE COURT GREELEY, COLORADO 80631 O ADMINISTRATION (303)353.0635 HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303)353.0639 COLORADO December 4, 1992 Mike Cervi _ _ _ Roggen Disposal Inc. \Northern Colorado Brine P.O. Box 169 Sterling, CO 80751 Dear Mr. Cervi: I am writing to confirm the general content of the meeting which took place at Northern Colorado Brine, Tuesday, December 1, 1992. Present at the meeting were: Roger Doak, Colorado Department of Health; Vern Nelson, Nelson Engineers; and of course you and myself. At this meeting, it was expressed that the Roggen Disposal, Inc. proposal, November 25, 1992, was inadequate as submitted. The following documentation was requested to complete the proposal and thus allows the Environmental Protection Division of the Weld County Health Department and the Hazardous Materials and Waste Management Division of the Colorado Department of the Health to complete the necessary review of the proposal prior to construction: - 1. Provide all manufacturer specifications in regard to the proposed liner. Particularly, information, test data, etc. demonstrating the compatibility of the liner for the waste this facility is approved to accept. 2. Provide all quality assurance and quality control measures which will be incorporated to ensure adequate installation of liner, i.e. , destruction/construction tests of materials. 3. Provide an engineered plan on the method in which the liner is to be installed and anchored. 4. Provide an engineered plan on the specific construction of the facility. Specifically, the method in which the three (3) ponds will be joined. 5. Discuss and justify the classification of the impoundment. Cd 1 v 11 DEC 0 7 1992 °MPld ram*,1'l:Inning V `1-h. • Mike Cervi Roggen Disposal Inc. \Northern Colorado Brine - December 4, 1992 Page 2 6. According to Section 6.5.7 of the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities", "All waste impoundment facilities shall be provided with a means of quickly and accurately determining the total volume of wastes in each impoundment. . . .by correlation with the depth of wastes." Provide an engineered plan specific to this requirement. In addition to the above requests, the construction of the new pond at the Northern Colorado Brine facility was discussed. The following information must be provided to both Weld County and the Colorado Department of Health for review and approval prior to the incorporation of this new pond: 1. All compaction and permeability testing results conducted must be submitted. In addition, any other quality assurance and control data incorporated during the construction of the facility must be provided. If you have any questions, please contact me at 353-0635. Sincerely, Trevor Jiricek Solid and Hazardous Waste Specialist T.I/2443 cc: Roger Doak, Colorado Department of Health Keith Schuett, Weld County Planning Department Vern Nelson, Nelson Engineering NELSON ENGINEERS 822 7TH STREET GREELEY,COLORADO 80631 (303)356-6362 November 25, 1992 Mr. John Pickle - Environmental Protection Services Weld County Department of Health 1517 16th Avenue Court Greeley, Colorado 80631 . RE: Road 54 E-Vap; Reported Odor Problem, Northern Colorado Brine Dear Mr. Pickle: On behalf of Mr. Mike Cervi, owner of Northern Colorado Brine, and as the engineering representative, I am submitting the following odor abatement plan as requested by your office. Implementation of the plan has already begun with earthmoving activity as authorized by Weld County, injection of enzymes, aeration changes, and investigations of aeration systems. The plan is as follows: 1. Pond surface area is being increased primarily by construction of Pond 4 from a total surface area of 19. 3 acres+ to 28.3 acres+, an increase of about 46 .6% . ,2: Aeration injection units, have been changed from VCP to copper to increase airflow into the pond water and increase agitation effect. y 3. In early •November, 1992, enzymes were injected into the brine to neutralize microorganic activity (The effect is being monitored and if deemed advisable, a schedule for periodic application will be created) . 4. Various methods of aeration are being investigated in an attempt to find the most effective method of application. These methods include different air diffusers, optimum depth of injection, and watersurface agitation. oi I DEC 1 8 1992 L I J Weld County Mannino There has been a substantial change in the amount of brine wastes generated in recent weeks and months due to the extreme increase in oil and gas drilling activity in the Weld County area. It is an acknowledged fact this drilling activity is cyclical. Weld County is currently in the high activity phase of the cycle. As a result, more storage capacity and increased evaporation area is needed. The construction of the new pond will provide for reduced concentration of the waste and provide for increased evaporation as well as providing more volume of storage to accomodate the increased waste generation at this time. The aeration process may be amenable to effecting more efficiency in the system once the existing process is evaluated. The injection of air in combination with appropriate enzymes in optimum amounts will decrease the odor generation. As a result of the evaluation, the aeration systems in the existing ponds may be changed to be more effective. The owner is effecting the above operational changes and modifications to significantly reduce any odor and to improve the overall operations. Respectfully, NELSON ENGINEERS ✓ � L Vern elson LCN:kb 1125.EVAPodor (;),- ‘,0mEmoRAnDum WIIDC Chuck Cunliffe, Planning,- vember 16, 1992 Ic e COLORADO John Pickle, E.P. . From Northern Colora Brine Subject: On October 15, 1992, Jeffrey Stoll of our staff investigated an odor complaint at Northern Colorado Brine located at 10600 WCR 54, Weld County, Colorado. At that time, it was determined by using the Barnebey-Cheney Scentometer, that odor emissions from the evaporative ponds were in excess of the limits allowed by the Colorado Air Quality Control Commission's Regulation 0 2. Odor intensity between 10:00 P.M. and 10:50 P.M. on that date was detected at 31:1 dilutions to threshold (D/T) . Regulation 0 2, Section A.2. limits odor emissions to 15:1 D/T for "other" sources. The facility appeared to be open, as two (2) trucks delivered brinewater during the time period of the investigation. Mr. Stoll followed the second delivery onto the property and into the office area. Attempts were made to deliver the notice of violation in person, however, the manager did not respond to knocks on the door of his residence. A copy of the notice was left on the manager's desk, and contact was made with him by telephone at 8:00 A.M. on October 16, 1992. A formal Notice of Violation was sent to Mr. Cervi on October 28, 1992, with a hearing date set for November 16, 1992. The hearing was held on that date, with Louis McBride, Colorado Department of Health in attendance, as well as Dr. Gordon, Jeff Stoll and myself. Mr. Cervi was not in attendance at that meeting. ( As you may recall, that was the date of the fire at Northern Colorado Brine.) At that hearing it was determined that a violation of Regulation 0 2, Section A.2. did occur on October 15, 1992. An Order for Compliance has been issued by this Division, and Colorado Department of Health. Copies of all pertinent documents are attached. It appears that this violation, is also a violation of Development Standard 0 1, of the USA for this facility. Please let me know how to proceed in this matter. If you have any questions, please contact me. • xc: Lee Morrison, Assistant County Attorney u cti amp� ECf81992 Weld Co nntvPlan .r 00U .; Receipt for Certified Mail No Insurance Coverage Provided .S. Do not use for International Mail DEPARTMENT OF HEALTH (See Reverse) Sent to 1517'18 AVENUE COURT MIKE CERVI GREELEY, COLORADO 80631 streetarp(Q tTHERN COLORADO BRINE ADMINISTRATION(303)3534586 P.O.,S DENVE 14 R° e080217 HEALTH PROTECTION (303)353-0835 Postage $ COMMUNITY HEALTH(303)353-0639 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing C) to Whom&Date Delivered Return Receipt Showing to Whom, c Date,and Addressee's Address TOTAL Postage c; &Fees g Postmark or Date SENT TO STATE 423 630 362 ON 10/28/92. STATE TO 8 SEND OUT LETTER AFTER a STATE'S SIGNATURE. - Denver, Colorado 80217 RE: NOTICE OF VIOLATION Dear Mr. Cervi: • This letter constitutes a formal "Notice of Violation" as a follow up to the October 15, 1992, investigation of odors from the evaporation ponds of Northern Colorado Brine located at 10600 WCR 54, Weld County, Colorado, conducted by Jeff Stoll, a duly delegated representative of the Weld County Health Department. This Notice of Violation is being issued pursuant to the Division's authority under Section 25-7-115(2), C.R.S. (1989 & 1992 Supp.) During the Division's October 15, 1992, investigation, it was determined by using the Barnebey-Cheney scentometer that odor emissions from your evaporation ponds were in excess of the limits allowed by the Colorado Air Quality Control Commission's Regulation No. 2 (copy attached) . A copy of the attached report was left under the door of the caretaker's residence and was acknowledged by Mike Cervi by telephone the following morning. Odor intensity between 10:00 p.m. and 10:50 p.m. on October 15, 1992, was detected at 31:1 dilutions to threshold (D/T) . Regulation 2, Section A.2. limits odor emissions to 15:1 D/T for "other" sources. Section 25-7-122(1) (b) provides that any person who violates any applicable emission control regulation shall be subject to a civil penalty of not more than $15,000.00 per day for each day of violation. In addition, Section 25=7-115 (5) requires the Division to determine whether a noncompliance penalty is applicable. If-a noncompliance penalty is found to be applicable, such penalty generally must be assessed for any period of violation from the date on which the emission source is brought to compliance. The amount of noncompliance penalty is calculated in accordance with the provision of Section 25-7-115(5)(b), C.R.S. • DI DEC 1g 1992 5 Weld County Planninr • r. �P • ii 6 lifitt trit \ DEPARTMENT OF HEALTH 1577.18 AVENUE COURT IGREELEY,COLORADO 80631 ADMINISTRATION(303)3510586 HEALPRTECTION(303)353-0635 C. COMMUNITY HEALTH (303)353-0639 COLORADO October 28, 1992 Certified Letter No: P 423 630 362 Mike Cervi Northern Colorado Brine • P.O. Box 5714 Denver, Colorado 8O217 RE: - NOTICE OF VIOLATION • Dear Mr. Cervi: • This letter constitutes a formal "Notice of Violation" as a follow up to the October 15, 1992, investigation of odors from the evaporation ponds of Northern • Colorado Brine located at 10600 WCR 54, Weld County, Colorado, conducted by Jeff Stoll, a duly delegated representative of the Weld County Health Department. This Notice of Violation is being issued pursuant to the Division's authority under Section 25-7-115(2), C.R.S. (1989 & 1992 Supp.) During the Division's October 15, 1992, investigation, it was determined by using the Barnebey-Cheney scentometer that odor emissions from your evaporation ponds were in excess of the limits allowed by the Colorado Air Quality Control Commission's Regulation No. 2 (copy attached). A copy of the attached report was • left under the door of the caretaker's residence and was acknowledged by Mike Cervi by telephone the following morning. Odor intensity between 10:00 p.m. and 10:50 p.m. on October 15, 1992, was detected at 31:1 dilutions to threshold (D/T) . Regulation 2, Section A.2. limits odor emissions to 15:1 D/T for "other" sources. Section 25-7-122(1) (b) provides that any person who violates any applicable emission control regulation shall be subject to a civil penalty of not more than $15,000.00 per day for each day of violation. In addition, Section 25-7-115 (5) requires the Division to determine whether a noncompliance penalty is applicable. If a noncompliance penalty is found to be applicable, such penalty generally must be assessed for any period of violation from the date on which the emission source is brought to compliance. , The amount of noncompliance penalty is calculated in accordance with the provision of Section 25-7-115(5)(b), C:R.S. • Kt: NUl1L6. VP VLULSL October 28, 1992 Page 2 In accordance with requirements of Section 25-7-115(3), a conference regarding the violations described above has been scheduled for November 16, 1992, at the Weld County Health Department located at 1517 16th Avenue Court, Greeley, Colorado at 11:00 a.m. This conference will provide Northern Colorado Brine an opportunity to submit data, views and arguments concerning the above violation, and whether assessment of a civil penalty and noncompliance penaltyris required. The Division may provide further opportunity for Northern Colorado Brine to' respond after the conference, if circumstances warrant. As a result of the conference a determination will be made as to whether a Compliance Order will be issued and whether a civil penalty and noncompliance • penalty must be assessed. Should the scheduled date or time be inconvenient for you, contact this office at 353-0635 for rescheduling. Failure to attend the conference will result in the issuance of a Compliance Order and possible assessment of penalties against Northern Colorado Brine. If you have any questions concerning the conference or other matters prior to the scheduled conference, please contact this office. The conference is an informal proceeding. You may, however, have legal counsel attend with you. Sincerely, ohn Pickle, Director Harry Collier, Field Services Supervisor Environmental Protection Services Stationary Sources Program Weld County Health Department Air Pollution Control Division Colorado Department of Health cc: Tony Trumbly, Assistant Attorney General Air Quality Control Commission George Kennedy, Weld County Board of Commissioners. Randolph Gordon, M.D., Director, Weld County Health Department JS/lam-2226 COLORADO DEPARTMENT OF HEALTQ . AIR' POLLUTION CONTROL DIVISION 0OaP— A �jAAN�,A�LY�TICAL REPORT(let-OR-ADO / OF VISFBLC EMISSION VIOLATION COMPANY Mr U'L�Y r I / /'/-/e.�! l eL"O/ - /D O (J /G I"' Ci DATE k1/1'Verb. ADDRESS OF SOURCE • . �i �t,/J pCiitt�y �r ( 17-76 Pi County AOCR STACK NAME /� s ale -73O rV f' o,' D.S ,t /` np��L,//�� tt��G� BACKGROUND SKY CONDITION AJ/&/ir pn-ri,( CLG t-'L'/ y awe. Nis° RELATIVE HUMIDITY n i3 t% PSYC. �iC NS. WEATHER BUREAU A AIR TEMP. F WIND SPEED arri*�1LL t I, . WIND DIRECTION (From) 1 si a PLUME CHARACTERISTICS I (Color,etc.) ` e STACK HEIGHT Feet OBSERVERS }-t� W9 LOCATION .7 O Feet S of Stack crisis) WET PLUME or DRY PL ME: ,I if WET,estimate the breakpoint distance from the stack) • CLOCK TIME 0 15 30 46 SKETCH: Include 1) Wind Direction: 2) Sun Position: 3) Observer Position; • . /d; o 41 0 1 --- 4) Approximate Location of stack; 5) North Arrow. /v 10 01 '"'" 91 ..— If more than one stack is located at the plant site 02 —� "—' IC specifically identify the stack being read. Include remarks. , ;o� c - 3I — /U: ,5-0os — — NQ I ikg 06 .r 1;0(-PSC" 07 i c/, -`a• -$ : (�6N 0 08 I\ � F'IPErA- v 09 _ \ 10 -` 4idt. 11 12 • 13 4I 14 I/ 15 16 17 18 19 41 1 . aee20 t�i /'� �f_A 'tom 21 W G IL--- � Q-rLk EYZTTer^/ 22 • 23 24 25 J 28 28 it DEC 1 8 1992 I 29 G/t ( Weld Count,Planning OBSERVER: I i `�r+ � SIGNATURES: Duplicate of this Analytical Report Given TO PERSONS P SENT URIN THE EVALUATION: am {. Name: /T£2Q ,4 ,lJ0WE — ^� yC Name: 1 e At co Cu '�l�s�•• + O�Title: L) �j Title: I`� k-0 -eft f O+ � m 'WAS wet, Date:\. Time: //i a O . Signature: . nor RR IR_7R_l nnl 9 0 DEPARTMENT OF HEALTH 1517.16 AVENUE COURT IGPEELEY,COLORADO 80631 "lige ADMINISTRATION (303)353-0586 HEALTH PROTECTION (303)353-0635 COMMUNITY HEALTH (303)353.0639 COLORADO September 10, 1992 Certified Letter No. : P- 423 630 347 U Mike Cervi ji SP 161992 Northern Colorado Brine, Inc. P.O. Box 300397 _ Denver, Colorado 80203 WeldCOuntyplanning Dear Mr. Cervi: On September 3, 1992, a representative of the Environmental Protection Division of the Weld County Health Department inspected Northern Colorado Brine, Inc. located at 10600 Weld County Road 54, Milliken, Colorado, Weld County. The purpose of the inspection was to inspect and assess the facilities compliance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. as amended and the Development Standards as set forth in U.S.R. 540, Weld County. On the date of September 3, 1992, field inspection, the following observations were made: 1. The operator on site was unaware of the presence of a depth gauge which is required to monitor available freeboard. 2. Records indicating freeboard, levels and the amount of natural moisture received on site are not currently being recorded. 3. Monitoring wells are not lockable, nor do they maintain an adequate seal to prevent the entrance of debris, etc. Please be advised that the current operation of this site is in violation of the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities", specifically Section 6.5.1 which states in part: - - 6.5.1 All impoundments shall be equipped with a fixed clearly visible gauge to indicate the depth of waste to the nearest five hundreds (0.05) of a foot. The elevation of the floor of the impoundment. . . . o Q Mike Cervi Northern Colorado Brine, Inc. Certified Letter No. : P 423 630 347 September 10, 1992 Page 2 and Section 6.5.5 which states in part: • 6.5.5 Monitoring wells. . . .shall be lockable, and be constructed of materials which will not interface with monitoring of the facility. Please be advised that you have thirty (30) days from receipt of this letter to bring this facility into compliance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities". Additionally, Section 2.3.4 provides: 21,3.4""'If.rthe' facility operator fails to respond to the department ! ip - violation notice within thirty days, said operator may become U ; snbject;;to statutory and other remedies as appropriate including: ..(a)j`Fines, imprisonment, or both, under section 114 of the act; (b) Temporary suspension or revocation of the certificate of designation, under section 112, of the act; or (c) If a facility is deemed a public nuisance for violation of the act or these department regulations, the violation may be enjoined by a district court under section 113 of the act. If you have any questions concerning this matter, please contact this office at 353-0635. Sincerely, aLif Trevor JiricialL Environmental Protection Specialist TJ/lam-1858 cc: Lee Morrison, Assistant County Attorney Austin Buckingham, Colorado Department of Health Keith Schuett, Department of Planning 511) January 28, 1992 Patricia Deplazes Eastern Plains Environmental Service Box 142 Pierce, CO 80650 Keith Schuett, Weld County Planning Department • Trevor Jiricek, Weld County Health Department Dear Keith and Trevor, RE: NORTHERN COLORADO BRINE COMPLIANCE ISSUE I have been retained by Northern Colorado Brine Facility in order to help them come into compliance with the regulations and Use by Special Review. I have compiled the following plan to address the issues we have previously discussed regarding your areas of concern. Our intent is to respond quickly and effectively to your concerns and to comply with all applicable regulations and standards. Please consider the following items: 1. Depth gauges needed on ponds : The depth gauges are on site and ready to be installed as soon as the ice melts sufficiently. A gauge was installed in Pond C on January 26, 1993. 2. Contaminated soil from fire area: Frost currently prevents the removal of this soil. It will be removed as soon as the soil thaws sufficiently to allow digging to take place. We will contact WCHD to inspect the area prior to filling with new soil. In addition, the damaged tanks cannot be removed until the investigation into the fire is completed. 3. Update Emissions Permit: I have spoken with Tom Tistinic, Air pollution Control Division, Colorado Department of Health and Northern Colorado Brine Facility is in the process of amending Permit 90WE161 to reflect the increased volume of waste being processed at NCB. 4. Exceeding of free board: With the new pond now approved to accept water, we are in the process of lowering the level on all ponds. Pond C has been lowered below the freeboard requirements. Ice currently prevents pumping of the other ponds. We will begin pumping from the other ponds into Pond E as soon as weather conditions permit. • 5. Records not on site: I am currently compiling the permits and documents needed to be at the site. I am also producing a set of documents to simplify the routine record keeping at the site and will initiate that record keeping process with the on site manager as soon as possible. 6. Berms: Following the fire, repair and routine maintenance was done to the berms and roads. At that time, the berms were filled and leveled where settling had occurred. Additionally, in an attempt to direct precipitation runoff and reduce rill washing of the roads and embankments, the roads were edged with a small ridge, but the ridged area is not considered to be a part of the berm. 7. Odors: The odor problems that have occurred at Northern Colorado Brine Facility are considered to be the most significant and most challenging problem at the site. I believe that the addition of the new pond will help in reducing the odors at the site. Also, we are diligently searching for an adequate control method or device for odors at the site. I have spoken with Lou McBride at CDH and Jeff Stoll at WCHD and have asked both CDH and WCHD for assistance in determining what the best management practice for odors at this site would be. However, very little data exists at this time regarding odor problems at brine water disposal sites. In addition, I have scheduled, with WCHD, BOD testing of both the ponds and the incoming water in an effort to determine the cause and nature of the odors. Perhaps these test results will help us in determining the appropriate control measures. We will continue to search for the answer to the odor problems at Northern Colorado Brine, and I am confident that we will be able to attain compliance with the odor standard as required. Please review this compliance plan, and forward to me any comments, ideas or additional concerns you may have. I may be reached at 897-2439. Sincerely, ON4''uti Patricia Deplazes PD:sl cc Trevor Jiricek, Weld County Health Department Keith Schuett, Weld County Planning Department Mike Cervi, Northern Colorado Brine Facility V \ � DEPARTMENT OF HEALTH 1517•16 AVENUE'.COURT gGREELEY,COLORADO 60631 C ADMINISTRATION (303)353-0586 HEALTH O PROTECTION (303)353.0635 COMMUNITY HEALTH (303)353.0639 COLORADO January 11, 1993 Certified Letter No. : P 423 630 397 Mike Cervi Roggen Disposal, Incorporated P.O. Box 300397 Denver, Colorado 80203 Dear Mr. Cervi: On December 10, 1992, a representative of the Environmental Protection Division of the Weld County Health Department inspected Northern Colorado Brine, located at Weld County Road 54, Milliken, in Weld County, Colorado. The purpose of the inspection was to inspect and assess the facilities compliance with the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (The Regulations) as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, C.R.S. , as'amended, and the Operational Standards as set forth in U.S.R.-540. On the date of December 10, 1992, field inspection, the following observations were made: 1. Depth gauges were not present on evaporation ponds. Depth gauges must be available on all ponds to insure adequate freeboard levels are maintained. 2. Freeboard levels were estimated to be very near and possibly exceed the approved three (3) foot level. Due to the lack of depth gauges, exact levels could not be determined. In addition, daily records of freeboard levels must be available for review. 3. The operator on site was not familiar with the facility, approved waste streams, nor operations. 4. Operating records are not readily available for review. These include a copy of the Certificate of Designation, approved design and operations plan, site safety plan, operational variances, Use by Spec' •1 R:u•iywV ' Permit, water monitoring data, etc. JAN 1 2 1993 5 ti WPM er Ann nlIn921fr Mike Cervi Roggen Disposal, Incorporated January 13, 1993 Page 2 This facility currently does not employ depth gauges on the evaporation ponds as required. According to Operation Standard #7,H, set forth in U.S.R.-540:83:3, "A gauge height indicator shall be installed in each pond. The gauge must clearly indicate the depth of brine water waste." These indicators are required in order to assure that a minimum of three (3) feet of freeboard is maintained on each pond. An operator knowledgeable of the facility, its operations, and the approved waste stream must be present on site. Operation Standard #10, states that "a responsible employee, trained to differentiate between brine water and other drilling fluids, shall be at the facility during receipt of all brine water." Additionally, Section 2.2.9 of The Regulations states "no facility for solid wastes disposal shall knowingly receive any waste classified as acutely hazardous. . . ." If the current operator is to continue operating this facility, adequate training must be provided. This facility does not currently maintain adequate records. Operation Standard #9, states "all operating records will be made available to the State Health and County Health Department upon request. Operating records shall be maintained as described " Also, Section 2.2.13, of The Regulations which states "all operating records shall be made available to the county board of commissioners and the department upon their request." The violations outlined above constitute noncompliance with the "Regdlations Pertaining to Solid Waste Disposal Sites and Facilities", and the Operation Standards in U.S.R.-540:83:3. This facility must respond to this violation notice within thirty (30) days. Failure to respond to this notice will result in further action in accordance with Section 2.3.4. of The Regulations. If, you have any questions, please contact Trevor Jiricek at (303) 353-0635. Sincerely, M Trevor Jiricek - Solid and Hazardous Waste Specialist tj/076 cc: _ Roger Doak, Colorado Department of Health Keith Schuett, Weld County Planning Department Lee Morrison, Assistant Weld County Attorney Hello