HomeMy WebLinkAbout990345.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING PROBABLE CAUSE FOR SPECIAL USE
PERMIT#454 - HOWARD DUCKWORTH, DBA WELD COUNTY WASTE DISPOSAL
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, notice was given that a Probable Cause Hearing, pursuant to Section 81 of
the Weld County Zoning Ordinance, would be held before the Board concerning Special Use
Permit#454 issued to Howard Duckworth, dba Weld County Waste Disposal, Inc., and
WHEREAS, at a hearing before the Board on February 8, 1995, staff presented a letter
from Richard Judd, Attorney representing Mr. Duckworth, requesting a continuance of this
matter to March 1, 1995, due to a scheduling conflict, and
WHEREAS, at said hearing on March 1, 1995, the Board deemed it advisable to
continue this matter to May 17, 1995, at 9:00 a.m., to allow staff to supplement notice regarding
impacts to groundwater and failure to pay solid waste surcharge and to allow the Permittee to
prepare for those issues, and
WHEREAS, at said hearing on May 17, 1995, Mr. Judd was present, and the Board
heard all of the testimony and statements of those present, studied the recommendations of the
Weld County Planning and Health Department staff and all of the exhibits and evidence
presented in this matter and, having been fully informed, again deemed it advisable to continue
said matter to August 2, 1995, at 9:00 a.m., based upon staffs recommendation, to allow time
for the global settlement of all regulatory and other issues existing to be completed in writing
and result in a compliance order upon consent by the Colorado Department of Health, Weld
County Health Department, and Weld County Waste Disposal, Inc., and
WHEREAS, at said hearing on August 2, 1995, Mr. Judd was not present, and the
Board heard all of the testimony and statements of those present, studied the
recommendations of the Weld County Planning and Health Department staff and all of the
exhibits and evidence presented in this matter and, having been fully informed, again deemed it
advisable to continue said matter to February 21, 1996, at 9:00 a.m., based upon staffs
recommendation, to allow time for the interim control measures and site characterization to be
completed pursuant to the United States Environmental Protection Agency Administrative
Compliance Order and for the issue concerning land application of waste on the "Martin"
property to be further evaluated by the landowner and negotiations completed to bring the
property into compliance with the requirements of Colorado Department of Health, Weld County
Health Department, and Weld County Planning Department, and
WHEREAS, at said hearing on February 21, 1996, the Board heard all of the testimony
and statements of those present, studied the recommendations of staff from the Weld County
Departments of Planning and Health and all of the exhibits and evidence presented in this
matter and, having been fully informed, again deemed it advisable to continue said matter to
February 26, 1997, at 9:00 a.m., to allow site characterization and interim control measures to
continue, in accordance with the EPA Order and to allow time for final measures to he
completed, and
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CC, Pt kit Cif, 1JvC�wor fh �iroc� 990345
PL0447
PROBABLE CAUSE HEARING FOR SUP #454 - DUCKWORTH/WCWD
PAGE 2
WHEREAS, at said hearing on February 26, 1997, the Board was advised by staff that
cleanup of the site by H S Resources, Inc., and Amoco Production Company is slowly
progressing and site characterization and interim control measures are proceeding in
accordance with the EPA Order although it will be five or six years before final measures are
completed and, having been fully informed, again deemed it advisable to continue said matter,
to February 25, 1998, at 9:00 a.m., and
WHEREAS, at said hearing on February 25, 1998, the applicant was not present or
represented, and the Board studied the recommendations from the Weld County Departments
of Planning and Health staff and deemed it advisable to again continue said matter to
February 24, 1999, at 9:00 a.m. to allow site characterization and interim control measures to
continue, in accordance with the EPA Order and to allow time for final measures to be
completed, and
WHEREAS, at said hearing on February 24, 1999, the applicant was not present or
represented, and the Board reviewed the recommendations from the Weld County Department
of Health staff and once again deemed it advisable to continue said matter to February 23,
2000, at 9:00 a.m., to allow site characterization and remediation measures to continue, in
accordance with the EPA Order, as well as to allow time for final measures to be completed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that this matter be, and hereby is, continued to February 23, 2000, at
9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of February, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: Lifie ��, ff; `
Dale K. Hall, Chair
Weld County Clerk to a ' ��.
� j EXCUSED DATE OF SIGNING (AYE)
;_� ��� Barbar J. Kirkmeyer, Plo-Tem
BY:
Deputy Clerk to the 24--;*-1
George4. Baxter
VED S TO FORM:
EXCUSED DATE OF SIGNING (AYE)
M. J. Geile
County Attorney 2/Ofrtivi l/, "
Glenn Vaad
990345
PL0447
• l1
MEMORANDUM
� 1
TO: Weld County Commissioners DATE: r airy 24, 1999
CFROM: Trevor Jiricek, Health Department
•
COLORADO SUBJECT: Weld County Waste Disposal
Our Department is recommending for a continuance for a period of one year for this
Probable/Show Cause hearing involving the Weld County Waste Disposal. The characterization,
remediation, and clean up of the site continues. The one year continuance will allow for further
progress. Our Department has been following all of the activities and progress which has taken
place at the Weld County Waste Disposal.
BACKGROUND:
The following is a very brief history and update of the activities that have taken place at the Weld
County Waste Disposal (WCWD) and a summary of the status of the E.P.A. order:
In the spring of 1995 our Department and the Weld County Planning Department had cited the
WCWD for numerous violations of its Special Use Permit. As the result of these violations, the
facility was in the County's Probable/Show Cause process. However, in May 1995, under the
authority of Section 7003 of the Resource Conservation and Recovery Act, the Environmental
Protection Agency issued an Order "to abate an imminent and substantial endangerment to health
or environment..." to the Weld County Waste Disposal, owned by Howard Duckworth. The
Order alleged that a groundwater impact had occurred which was attributed to the facility and
that waterfowl had been killed as the result of landing on the oily surfaces of the ponds. The
Order was also issued to the two companies which had disposed the largest quantity of waste at
the facility. These two companies, Amoco Production Company (Amoco) and HS Resources
Inc. (HSR), have since taken the lead in implementing the Order.
The WCWD is located approximately 5 miles east of Fort Lupton. It had been in operation since
the 1970's and primarily accepted liquid exploration and production waste for disposal by
evaporation. The site consisted of a receiving sump where liquid waste was initially dumped
upon receipt at the facility. The waste was then pumped into on-site tanks where any reclaimable
oil was separated out. The waste was then discharged into two large ponds for evaporation.
EPA ORDER:
The Order and its requirements are broken up into several major sections. The three sections
specifically dealing with site characterization and remediation are briefly summarized below.
Weld County Waste Disposal
February 24, 1999
Page 2
They are:
I. INTERIM MEASURES - This required the respondents to submit an "Interim Measure Work
Plan" which included, but was not limited to the installation of a security fence, posting of signs,
a method to permanently eliminate any oily surfaces which may come into contact with wildlife,
characterization of the extent of off-site ground water contamination, etc. This section also
addressed immediate remediation of any impact to human health and the environment.
Status: The interim measures are finalized.
II. SITE CHARACTERIZATION - This required the respondents to submit a "Characterization
Work Plan" to characterize the magnitude and full extent, both vertical and horizontal, of all
contamination of soils and groundwater on and from the receiving facility and to assess the
physical integrity of all waste management units and devices.
Status: The on-site soils have been characterized. However, the off-site groundwater
characterization work plan has not yet been approved by the E.P.A. Additional off-site
groundwater characterization may still be required.
III. SITE CLEAN-UP - This requires that the respondents submit a "Clean-Up Work Plan"
which evaluates alternatives for the treatment and disposition of all contaminated media,
including contaminated soils, ground water and other materials and debris.
Status: An on-site closure work plan has been submitted and is currently under review.
In general, for each major section, the respondents must submit a plan in accordance with strict
submittal dates. The plans are reviewed by the County and State Health Departments, and the
E.P.A.
In addition, the respondents were required to develop a community involvement plan. This plan
has been developed and implemented to the satisfaction of all of the Agencies. It included
surveys, newsletters, and public meetings for interested parties.
Other routine activities required by the Order include monthly progress reports to the agencies
and the submittal of quarterly groundwater monitoring reports.
CERCLA (Comprehensive Environmental Response Compensation and Liability Act also
known as Superfund) REMOVAL ACTION:
During characterization of the site, chlorinated compounds were detected in the soils beneath
pond D (see attached site layout) and in the groundwater downgradient from the facility. Many
Weld County Waste Disposal
February 24, 1999
Page 3
of these same chlorinated compounds were also found in the groundwater downgradient from
pond D. Chlorinated compounds are not typically found in exploration and production wastes.
In reviewing historical aerial pictures taken of the site, HSR and Amoco discovered an older
waste pond, now known as pond E (see attached photographs), that existed in the location
(within the perimeter of pond D) where the chlorinated compounds were discovered. Waste was
disposed in Pond E from approximately 1978 to 1980. It was then covered with soil. Pond D
was constructed in approximately 1981, and operated until the facility closed in May 1995.
Chlorinated compounds were also found in the area identified as the "former receiving area".
This receiving area operated from approximately 1978 to 1984.
Following detection of the chlorinated compounds and after review of the aerial photos, HS
Resources and Amoco argued that they should not be responsible for the remediation of the
impact from the chlorinated compounds as they did not dispose waste at the facility during the
time period that pond E and the "former receiving area" were operated. They also argued that the
chlorinated compounds are not typically found in exploration and production wastes. EPA
agreed not to pursue the Order requirements at these areas at these times.
However, the EPA was also of the opinion that the contaminated materials in pond E should be
addressed in a timely fashion. As a result, EPA contacted their emergency response staff EPA
assessed the site by collecting samples, etc. and found that the site warranted action under
CERCLA. EPA determined that the site was appropriate for a non-time critical removal of the
waste material. Currently, this removal action is scheduled for early April 1999. The removal
action will consist of excavation of the soil and thermal treatment in a thermal desorption unit.
Once treated the soil will be returned to the excavation.
Treatment of the impacted soil should eliminate the source of the impact to the groundwater.
However, additional remedial actions are currently being considered for groundwater emanating
from the site.
It should be noted that the EPA is only addressing those impacts from the chlorinated wastes
disposed at the facility. HSR and Amoco will continue to address all other portions of the Order
and clean up of the site.
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LEGEND FIGURE 1
ccen: HS RESOURCES/AMOCO
- 1978 EXISTING PONDS 1978-1983 ACTIVE PONDS
- 1979 EXISTING PONDS COLORADO AERIAL WELD COUNTY
- 1980 EXISTING PONDS PHOTO SERVICE WASTE DISPOSAL, INC. SITE
- 1982 EXISTING PONDS AERIAL PHOTOSURVEYs
- 1983 EXISTING PONDS so,, 1976-1995
---- WATER PONDING AREA WELD COUNTY, COLORADO
location:WELD COUNTY, COLORADO
scoe 1" = 300 FEET ENVIRONMENTAL„INC.
HSR96120 oaie. MAY 1996 Compliance•Risk Analysis•Remediation
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LEGEND
---- 1984 EXISTING PONDS arose HS RESOURCES/AMOCO FIGURE 2
1986 EXISTING PONDS 1984-1987 ACTIVE PONDS
1987 EXISTING PONDS COLORADO AERIAL WELD COUNTY
PHOTO SERVICE
AERIAL PHOTOSURVEYS WASTE DISPOSAL, INC. SITE
source, 1976-1995
WELD COUNTY, COLORADO
Location WELD COUNTY, COLORADO "
scale: I' = 300 FEET ® L,*n>mO�n,rr,*Y,E,A T ,INC.
HSR96120 Date, MAY 1996 �1 J Compliance*Risk AnnallyysiisL•Reemleddiiation
Sago
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LEGEND FIGURE 3
— 1988 EXISTING PONDS ci.entr HS RESOURCES/AMOCO
— 1989 EXISTING PONDS — 1988-1995 ACTIVE PONDS
- 1990 EXISTING PONDS COLORADO AERIAL WELD COUNTY
1991 EXISTING PONDS PHOTO SERVICE
- 1992 EXISTING PONDS AERIAL PHOTOSURVEYS WASTE DISPOSAL, INC. SITE
— 1993 EXISTING PONDS sou,c,: 1976-1995
— 1994 EXISTING PONDS •
WELD COUNTY, COLORADO
- 1995 EXISTING PONDS tocaiion.WELD COUNTY. COLORADO NGED 1992 PONDS
C AND THROUGH 019951CALLY(FROM 1991 A LEVELS) Scale, 1" = 300 FEET = �—�
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H51196120 O.10: MAY 1996 Compliance•Risk Analysis•Remediation
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