HomeMy WebLinkAbout930547.tiff RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT
#540 - NORTHERN COLORADO BRINE, C/O MIKE CERVI
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, on May 19, 1993, a Show Cause Hearing was conducted to consider
revocation of Special Review Permit #540, issued to Northern Colorado Brine, c/o
Mike Cervi, and
WHEREAS, at said hearing on May 19, 1993, said matter was continued to
June 23, 1993, at 10:00 a.m. , and
WHEREAS, Mike Cervi is the owner of the facility located on property
described as part of the NE' of Section 26 and part of NW* of Section 25, all in
Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at said hearing of June 23, 1993, the Planning staff advised the
Board that it is staff's position that the permit holder is still not in
compliance with certain Operation Standards, and
WHEREAS, the Board requested Ken Lind, Attorney representing Mike Cervi,
to submit the remaining proposed exhibits by June, 30, 1993, and
WHEREAS, due to time constraints, the Board, after hearing testimony of
those present, deemed it advisable to continue said matter to July 7, 1993, at
10:30 a.m. , to allow for further testimony.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning revocation of Special
Review Permit #540, issued to Northern Colorado Brine, c/o Mike Cervi, be, and
hereby is, continued to July 7, 1993, at 10:30 a.m.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 23rd day of June, A.D. , 1993.
�i l/1� BOARD OF COUNTY COMMISSIONERS
ATTEST: ,_1�.i '/jZI ��G WELD COUNTY, COLORADO
42
Weld County Clerk to the Board EXCUSED DATE OF SIGNING (AYE)
Constance L. Harbert, Chairman
_
IOU lJkj
Deputy Clerics o the BnarA_ W. Webster, Pyo-Tem (11
APPROVED TO FORM: .<..>
E. Baxte
ounty Attorney Dal K. Hall
1 1L "Ate
arbara J. Kirkmey r
930547
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 June 23, 1993 at 10:00 A.M. , with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Keith Schuett
Health Department representative, John Pickle
The following business was transacted:
I hereby certify that pursuant to a notice dated April 12, 1993, and duly
published May 6, 1993, in the Windsor Beacon, a public hearing was
conducted on May 19, 1993, to consider the revocation of USR #540 issued
to Northern Colorado Brine, c/o Mike Cervi. At said hearing of May 19,
1993, said matter was continued to June 23, 1993, at 10:00 a.m. Lee
Morrison, Assistant County Attorney, made this a matter of record. Mr.
Morrison reminded the Board that, at the May 19, 1993, hearing, testimony
was taken out of order from Mr. Cervi's representatives; therefore,
further testimony from staff and public should be allowed today. Keith
Schuett, Planning Department representative, said he inspected the
property yesterday, and the odor has been greatly reduced. He indicated
there are weeds over 12 inches tall; however, some weeds have been
sprayed. John Pickle, Health Department representative, indicated Trevor
Jiricek from the Health Department accompanied Mr. Schuett on the
inspection and found two minor areas in non-compliance: 1) The depth of
Pond E still exceeds 30 inches; and 2) Minor amounts of skim were still
present. Mr. Pickle said there are also two other areas of concern. Mr.
Morrison advised the other concerns cannot be used as a basis for
revocation because they were not properly noticed. Mr. Schuett answered
questions from Commissioner Hall regarding the noticed concerns. He said
1700 to 1900 barrels per day are being received, which exceeds the 10,000
barrels per month allowed under the air emissions permit. On behalf of
Commissioner Kirkmeyer, Mr. Schuett indicated which standards are in
compliance and added the gauge height indicator has been installed. Mr.
Morrison clarified the volume problem is because of the air emissions
permit. Mr. Schuett said the aeration system has been installed; however,
it has not been reviewed by staff. In response to questions from the
Board, Mr. Schuett said the facility was originally designed for 500
barrels per day and then amended to allow 2000. He said the facility is
allowed to operate 24 hours per day, seven days per week. He indicated,
before the probable cause hearing, there were days recorded that no water
was received. Mr. Schuett also stated there were only two frac tanks on
site at the last inspection. In response to a question from Commissioner
Baxter, Mr. Schuett said he did not see anything indicating the
introduction of chemicals. Mr. Morrison stated the bacteriological
treatment had been reviewed and approved by staff, and Mr. Cervi indicated
it had been implemented. Mr. Pickle said the odor test on June 22 was
15:1, which was right at the standard. The test taken this morning was
7: 1, which indicates the odor is less. Mr. Schuett said the contaminated
soils have been removed. In reference to the proposed stipulation
agreement, Mr. Morrison said the first one included Weld County; however,
the one dated June 22, 1993, is between Northern Colorado Brine and the
Air Pollution Control Division. In response to questions from the Board,
Mr. Morrison said the agreement was composed by the Attorney General and
Mr. Cervi's counsel. He clarified that the agreement does not change the
provisions of the Special Review Permit. Mr. Morrison said the agreement
could serve as the proposed odor abatement. He stated the appropriateness
of the 15:1 standard will be considered at the Air Quality Control hearing
930547
PLW59
RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/0 CERVI
PAGE 2
on August 20, 1993. Mr. Morrison also explained the correlation between
Items #3 and #4, in response to Chairman Harbert's question regarding the
stipulation agreement. He reiterated the County still has jurisdiction
over volume, and the agreement with the State and the Special Review
Permit are two separate things. Mr. Morrison said the agreement will not
affect local involvement in any issues other than the ones specifically
listed in said agreement. He explained the State violation process and
why the Board should not base its final decision on the past Air Quality
violation. Mr. Pickle explained there are violations waiting to be heard
by the Air Quality Commission and said the State is confident with the
15: 1 standard. Mr. Morrison stated the stipulation will resolve all
pending odor violations and include corrective action. He suggested Ken
Lind, Attorney representing the applicant, explain the settlement
stipulation with the State before giving his full presentation. Mr. Lind
stated the settlement agreement relates to the volume limitations in the
County's Resolution, which allows County jurisdiction. He said the draft
presented this morning was authored by Gregory Hobbs, Attorney, and the
Attorney General and is 99 percent completed. Mr. Lind said everything
can be settled by incorporating the settlement agreement into the odor
abatement program and into a separate agreement between Northern Colorado
Brine and Weld County. Mr. Lind referenced and reviewed various items in
the settlement agreement and answered questions from the Board. He said
Northern Colorado Brine will work with the County and State to tie the
agreements and the odor abatement program together, and compliance will be
enforced through the District Court. Mr. Lind said the impact on Weld
County Road 54 can be addressed through a road improvements agreement
approved by the Weld County Engineer.
Let the record reflect a recess was taken at this time.
He reiterated the agreement addresses the odor violations and is an
excellent vehicle to tie the County and State together. He suggested he
meet with the County Attorney to draft a settlement proposal,
incorporating a road improvements agreement. Mr. Lind reviewed the
penalties to be paid to the State for noncompliance and suggested
penalties be collected by Weld County as well allowing jurisdiction and
incentive. Chairman Harbert said the Board needs to decide whether to
accept the agreement as is or to establish that there is a substantial
change to the permit. Mr. Morrison suggested input be limited to the
agreement and reiterated the issue is whether to pursue the incorporation
of the agreement or proceed with the violations proceeding. (Changed to
Tape #93-22. ) Mr. Morrison explained the increased volume may be balanced
by a greater degree of treatment, and the traffic increase may be balanced
with a road improvements agreement; therefore, the Board may determine
there is not a major change. Debi Sauer, Clara Vetter, Bob Eining, and
Steve Sauer all spoke in opposition of the facility. Mr. Pickle and Mr.
Jiricek explained the odor testing procedure. During his rebuttal, Mr.
Lind stated the new equipment will handle 18,000 barrels per day and will
remove the hydrocarbons, resulting in quality water. He noted the
penalties are not the exclusive remedy, and the State and County still
have authority to handle other violations. Mr. Lind reiterated the
penalties are merely an incentive for Northern Colorado Brine to stay
within the limitations. He noted Nelson Engineers indicated the facility
could handle 20,000 barrels per day. After discussion, Mr. Lind explained
El Torro Management Systems' two-stage system, which is 500 percent over-
designed time wise. In response to questions from the Board, Mr. Schuett
said the ponds were originally designed for 2000 barrels per day, which is
the average evaporation for the area, and one pond has since been added.
Mr. Lind said the original ponds had no aeration or misting systems, and
the new pond is larger than the others; therefore, the evaporation has
been significantly increased. Mr. Pickle noted neither plans nor data
have been submitted for the aeration and misting systems. There was
discussion among staff and the Board concerning the odor standard, and Mr.
Pickle reiterated the State feels 15: 1 is appropriate for this facility.
Mr. Morrison clarified the standard will be decided at the Air Quality
Control Commission meeting on August 20. Mr. Lind stated he would like
time to submit a proposal before the Board makes a decision on the
930547
RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI
PAGE 3
substantial change. In response to a question from Mr. Morrison, Mr. Lind
said the installation of the new equipment would not be economically
feasible if the facility was limited to 2000 barrels per day. Discussion
ensued concerning the possibility of other odor abatements, relocation of
the facility, and whether a substantial change exists. Mr. Morrison
clarified the agreement is not intended for issues in the Special Review
Permit other than odor. He reminded the Board the revocation should not
be based on odor because it has not been finally determined. He also
stated the impact the increased volume has on the surrounding area should
be noted when considering the substantial change. Mr. Schuett suggested
the term "material deviation" rather than substantial change. In response
to a question from Commission Hall, Patty Deplazes, representing Mr.
Cervi, said there are approximately 20 trucks per day now and would
increase to 100 per day. Mr. Pickle read the Solid Waste Division's
definition of substantial change, and he indicated the State would require
an amendment to the Certificate of Designation. Chairman Harbert
determined it was the consensus of the Board there is a substantial
change. Mr. Schuett suggested continuing with the Show Cause Hearing at
this time, based on the information from May 19 and today. He said it is
the applicant's option whether or not to amend the Permit. Mr. Lind said
he could review the system with the Texas firm and the Air Quality
Division to downscale the new equipment if the Board would like to adjourn
until next Wednesday. Mr. Schuett reminded the Board that Mr. Lind stated
the new equipment could not be down-scaled. Mr. Lind said he would,
however, like to confirm with the State. Mr. Schuett reiterated that it
is the applicant/operator's responsibility to maintain compliance with all
standards. Mr. Pickle commented on the track record of the facility. Mr.
Lind objected to the personal bias of Mr. Pickle. After discussion and
upon the advise of Mr. Morrison that the cited section only applied to
members of the decision making body, in this case the Board ruled the
objection would not be considered. After reviewing the April 12, 1993,
Probable Cause Determination and the May 19, 1993, Preliminary Document
for ZCH #97 and 1198, Mr. Lind submitted Exhibits #1 through #12. He
answered questions from the Board and staff concerning said exhibits.
Let the record reflect a 15-minute recess was taken at this time.
Upon reconvening, Chairman Harbert suggested continuing said matter to
July 7, 1993, at 10:00 a.m. , due to time constraints. Mr. Schuett stated
he would like to review Mr. Lind's exhibits before they are entered into
the record. After further discussion, Commissioner Webster said he agrees
with staff's request and suggested staff review the remaining exhibits to
be submitted on July 7 and so moved. Said motion died for lack of a
second. Mr. Lind commented on the applicability of the exhibits. Mr.
Morrison suggested Mr. Lind proceed with his oral presentation today. He
reiterated the presentation process could be expedited by providing Mr.
Schuett with a packet for review to be submitted on July 7. Mr. Lind
stated he is not prepared for his oral presentation today; however, he
does not object to adjourning until July 7. Commissioner Webster moved to
accept Mr. Lind's documents in packet form on July 7. Mr. Schuett said he
would like to receive a copy by June 30. Mr. Morrison clarified any
objections to the exhibits would need to be done at the hearing. Chairman
Harbert suggested Commissioner Webster amend his motion to state said
matter be adjourned until July 7, 1993, at 10:30 a.m. , and Mr. Lind be
allowed until June 30, 1993, to submit copies of the remaining exhibits.
After discussion, Mr. Lind said he had in excess of 100 to 150 remaining
exhibits. Mr. Morrison said if there are no objections to their
admission, the exhibits would be admitted on July 7. Commissioner Webster
agreed to amend his motion as suggested by Chairman Harbert. Commissioner
Kirkmeyer seconded said motion and suggested the facility be reinspected
and copies of the inspection report be distributed by July 6. She also
requested a State inspection be done prior to July 7. Mr. Lind stated the
stipulation with the State may be entered into by July 7, and he will
check on the feasibility of the equipment for 2000 barrels per day. The
motion carried unanimously.
930547
RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI
PAGE 4
This Certification was approved on the 28th day of June, 1993.
APPROVED:
/ , n //I I
ATTEST: - ' ( ' %' BOARD OF COUNTY COMMISSIONERS
/1/6/:4: ‘ /V 't,,,.'," Eae-7j WELD COUNTY, COLORADO
Weld County Clerk to the Board
EXCUSED DATE OF APPROVAL
BY:44-0-72 i` Constance L. Harbert, Chairman
Deputy� Cle -c to the a d 1J // it ) f �/
h.y
W. H. Webs er, Pr�a-Tem ‘)
TAPE #93-21 1
/Ge ezi Baxter
DOCKET #93-22 J
Dale K. Hall
PL0059
Bar`bara J. Kirkmey r O
4
930547
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 23rd DAY OF June 1993:
DOCKET tt 93-37 - Special Review Permit, Tony S. Chiodo
DOCKET ft 93-22 - Show Cause Hearing, Northern Colorado Brine, c/o Mike Cervi
DOCKET It
DOCKET It
PLEASE write or print your name legibly, your address and the DOCKET It (as listed
above) or the name of the applicant of the hearing you are attending.
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