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Home My WebLink About930439.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, Mike Cervi is the owner of the facility located on property described as part of the NE,' of Section 26 and part of the NW; of Section 25, all in Township 5 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, at the hearing of May 19, 1993, the Planning staff advised the Board that the permit holder is still not in compliance with certain Operation Standards and recommended continuing said matter to September 1, 1993, to allow compliance, and WHEREAS, due to time constraints, the Board, after hearing all testimony presented including certain testimony on behalf of Northern Colorado Brine which was allowed out of turn due to the availability of witnesses, deemed it advisable to continue said matter to June 23, 1993, at 10:00 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 June 23, 1993, at 10:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of May, A.D. , 1993. / BOARD OF COUNTY COMMISSIONERS ATTEST: /� " „;iii/deet WELD COUNTY, COLORADO Weld County Clerk to the Board jwi��i Constance L. Ha ert, Chairman BY: /A -R? -744--j'a-mil.d--t-,-tom i t dif it Deputy Clerk to the Board\ W. Webster„Pro-Tem AP AS TO FORM: �� _ eF_ rf � _______----"Cr) eorgrC E. Baxter l,County Attorney Dal K. Hal si � J arbara J. Kirkmeye 930439 P\7() 1 I 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 May 19, 1993 at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem - Excused 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 to consider the revocation of USR #540 issued to Northern Colorado Brine, c/o Mike Cervi. Lee Morrison, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, read staff's recommendation into the record and suggested continuing said matter to September 1, 1993 to allow compliance. Mr. Schuett noted that some areas have been brought into compliance and began to read the inspection report into the record; however, said report was incorrect. Chairman Harbert explained, due to a State Board of Health rulemaking hearing scheduled for this afternoon regarding Subtitle D, the hearing would be adjourned at 12:30 p.m. and continued to a later date. Let the record reflect that Commissioner Webster is now present, and a recess was taken to allow Planning staff to obtain the correct report. Upon reconvening, Mr. Schuett read the correct inspection report dated May 18, 1993, into the record. Operation Standards #1, #7-H, 117-I, #7-J, #15, and #16 are not yet in compliance. Ken Lind, Attorney, represented the applicant and explained the State's settlement stipulation regarding the aeration system and odor problem, which is currently in litigation. Mr. Lind noted there were several gentlemen in the audience from Texas who would like to speak. Mr. Morrison clarified it is procedurally incorrect to allow the gentlemen from Texas to speak today; however, they would be accommodated. Ronnie Burrows and Curtis Baze, representatives from Texas, explained in detail how the system to be installed at the site separates the oil and water and alleviates odor. John Elder, also a representative from Texas, explained the microbial treatment to be implemented immediately for bio-remediation of the water. Mr. Burrows, Mr. Baze, and Mr. Elder answered various questions from staff and the Board. Mr. Lind said the abovementioned project will cost one-half million dollars. There was discussion among staff, the Board, and Mr. Lind as to whether the changes were minor or major and whether an amended permit will be required after the settlement stipulation is finalized. Mr. Morrison clarified the stipulation, which is midstream in the administrative process, and said a settlement will be negotiated among the State, Mr. Cervi's company, and the County. John Pickle, Health Department representative, explained he has been at meetings with the State and Mr. Cervi's representatives, and the major change is a strong issue. After further comments, Mr. Pickle said the State Solid Waste Division provides technical input to the County. Mr. Morrison clarified hearing evidence for the abatement plan is appropriate; however, discussion concerning the stipulation is premature. 930439 RE: HEARING CERTIFICATION - NORTHERN COLORADO BRINE, C/O CERVI PAGE 2 Mr. Lind explained the stipulation will be reviewed by all applicable State divisions. The proposed settlement will then be submitted to the County and will go through the reverse cycle if necessary. Mr. Lind noted he will be out of the Country until June 19, 1993, and needs to be available for the County hearings. Responding to the Board, Mr. Morrison said the stipulation should be final prior to the August Air Quality Control Commission meeting. Chairman Harbert suggested a continuance date of June 23, 1993. Mr. Lind said a number of the stipulation issues should be resolved by that time. Chairman Harbert questioned whether the microbial treatment will begin on Monday. Mr. Pickle said that would not allow enough time for review. After discussion concerning whether said treatment requires State and/or County approval, Mr. Morrison said the permit holder could proceed with the treatment at his own risk or wait a few days for review, with the requirement the treatment commence within two days of approval. After further discussion, Commissioner Hall moved to continue said Show Cause Hearing to consider the revocation of USR #540 issued to Northern Colorado Brine, c/o Mike Cervi, to June 23, 1993, at 10:00 a.m. The motion was seconded by Commissioner Baxter. Commissioner Kirkmeyer suggested the bio-remediation plan be submitted to Mr. Pickle by Friday. Commissioners Hall and Baxter both agreed to incorporate said suggestion in the motion, which carried unanimously. This Certification was approved on the 24th day of May, 1993. 0/lL47 APPR0VED: ATTEST: /014411 BOARD OF COUNTY COMMISSIONERS ! // WELD,COUNTY, COLORADO Weld County Clerk to he Board By: ' ( /./a u �_� c Constance L. Harbert, Chairman Deputy Cle k f o the Board W. H. Webster, Pro em TAPE #93-18 Ganrge Baxter DOCKET #93-22 � � (y�/7/j/-/ Dale K. Hall ) , PL0059 Barbara J. Kirkmey r 930439 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 19th DAY OF May 1993: DOCKET 0 93-14 - Creation of Johnson Subdivision Local Improvement District #1993-2 DOCKET II 93-27 - Special Review Permit for Henry and Marjorie Rickers DOCKET II 93-22 - Show Cause Hearing for Northern Colorado Brine, c/o Mike Cervi DOCKET It PLEASE write or print your name legibly, your address and the DOCKET U (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 11O1 Lio cc_� ea gc,, ..2( ,JcL,,, „ . , \S.- tit-si &veer, yvi.-497/.2° J — l 11 )Avc _ A to lob 4OIH Au . GKt-t-•LE;' qs - i ' I? 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NAME ADDRESS HEARING ATTENDING PAS 1� S kADLLJ JI �37.t2 L)c f2 "2-74 h 51',4-1, by/ z / Nt'yf. yto.N q At/0 / 9, ,co cv X971% ST beg 940056 t'/ N\ SHOW CAUSE DATE: May 19, 1993 CASE NUMBER: ZCH-97 and ZCH-98 USR/SUP NUMBER: USR-540 PROPERTY OWNER Northern Colorado Brine c/o Mike Cervi 10600 Weld County Road 54 Milliken, CO 80543 LEGAL DESCRIPTION: Part of the NE4 of Section 26, and part of the NW4 of Section 25, all in T5N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile east of State Highway 257, south of and adjacent to Weld County Road 54. It is the opinion of the Department of Planning Services' staff that the following Standards, as approved for USR-540 have not been maintained in compliance: Operation Standards 1, 7-A, 7-H, 7-J, 8-A, 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. The use of the property has not been 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. The facility has been used for oil field equipment storage area. Frac tanks, other than thetwo on site for pond skimming, have been stored on site. 940056 `Klu�cf tK_, SHOW CAUSE, ZCH-97 - ZCH-98 Northern Colorado Brine Page 2 Materials other than brine water have been disposed of at the facility. (Receipt Numbers 40925 and 40862 indicate that motor oil and other materials were disposed of at the facility) . The depth of all ponds is not consistent with the application materials. The pond depth is not to exceed 5 feet (30 inches for freeboard, 6 inches for salt accumulation, and 24 inches for brine water) . Ponds have not been maintained in compliance with the minimum freeboard of 30 inches. Freeboard is a part of the 5 foot pond depth from the top of the pond liner (30 inches of freeboard, 6 inches of salt accumulation, and 24 inches of brine water) . The facility has accepted more waste than it was designed for. The facility was designed for no more than 2,000 barrels per day. The facility has received as much as 9,000 barrels of brine water in one day. The facility received increased volumes of waste without first amending the approved emission permit 90WE161. Emission permit 90WE161 states that the production of brine water shall not exceed 10,000 barrels/month. The facility was designed for a retention time of 24 hours within the skim tanks prior to the release into the ponds. Retention time of the brine water has been as low as low as 4 to 6 hours with the amount of water that the facility has received. The facility has been cited for odor violations (2.1.2 of Solid Waste Current Planner Regulations) . Seven odor violations have been issued. 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. All evaporative ponds have not been constructed in accordance with the submitted application materials and Use by Special Review Permit Plan Map. The size of the last pond constructed, 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) . 940056 f SHOW CAUSE, ZCH-97 - ZCH-98 Northern Colorado Brine Page 3 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 gauge height indicators that have been installed do not accurately and clearly indicate the depth of the brine water waste. The gauge height indicators as installed only indicate a change in the surface elevation of the brine water waste, not the depth of the brine water waste in relation the top of the pond liner. 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. An approved aeration system has not been installed on all ponds and a final odor abatement program has not been submitted for review or instituted to eliminate the odor problem. Seven odor violations have been issued by the Weld County Health Department. 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 application material states that 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 retention time of the brine water was between 4 to 6 hours. 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 maintained in compliance with all Development Standards and all applicable Weld County Regulations and amendments to the approved plans have not been applied for. 940056 (— SHOW CAUSE, ZCH-97 - ZCH-98 Northern Colorado Brine Page 4 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. The Department of Planning Services' staff requests that the Board of County Commissioners continue this show cause hearing to September 1, 1993. This would allow the owner/operator to come into compliance with all Development Standards and to demonstrate the ability to maintain compliance. I 1 • • 940056 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 ZCH-98 DATE: May 18, 1993 The property was inspected after reviewing the approved Development Standards and application materials. 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 7-H, 7-J, 7-I, 15, and 16. Operation Standard Number 1 states: 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 facility is not being maintained in compliance with the existing Emission Permit NO: 90WE161. The emission permit states that production of brine water shall not exceed 10,000 barrels/month. From April 14 to May 13, a total of 18,835 barrels of brine water has been received at this facility. 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 located on all ponds. However, the gauge height indicators do not clearly indicate the depth of the brine water waste. 940056 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 three ponds. A sprayer system has been installed on two ponds. The sprayer system is to aerate the brine water. The sprayer system was installed without proper building permits being issued. The sprayer system design and operation plan is still being reviewed by the State Health Department and the local Health Department. During the inspection the sprayer system was in operation. Mist from the sprayer was drifting out side of the pond in which the mist was produced. The wind did not appear to be excessive. The wind speed was estimated to be approximately 10 miles an hour by Patty Deplazes. Operation Standard number 7-I states: The Evaporation ponds shall be kept free and clear of oil skims. Oil skims was observed on the south west pond. Minor oil skims were observed on the north east pond also. 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 in compliance with all applicable Weld County Regulations. The Use by Special Review site is not in compliance with all Development Standards and all applicable Weld County Regulations and amendments to the approved plans have not been applied for. Operation Standard Number 16 states: The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. The property owner and/or operator of this operation has not maintained compliance with all operation standards. 940056 Hello