HomeMy WebLinkAbout971812.tiffSTATE OF COLORADO
Roy Romer, Governor
Patti Shwayder, Executive Director
Dedicated to protecting and improving the health and enviromrent'or th{people Coloradd
HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION
http://www.cdphe.state.co.us/hm/
4300 Cherry Creek Dr. 5. 222 S. 6th Street, Room 232 —
Denver, Colorado 80222-1530 Grand Junction, Colorado 815014766' -
Phone (303) 692-3300 Phone (303) 248-7164
Fax (303) 759-53558 Fax (303) 248-7198
July 18, 1997
9 ,7
Colorado Deparunent
of Public Health
and Environment
Mike Cervi
Northern Colorado Brine
P.O. Box 167
Sterling, CO 80751 Re: Financial Assurance Certified Mail # j'..//jj C5 3SU --Idy
SW WLD NOR
Dear Mr. Cervi:
This NOTICE OF VIOLATION is documentation that the Northern
Colorado Brine Disposal Facility did not provide financial
assurance or respond to correspondence dated May 23, 1997
concerning financial assurance. Northern Colorado Brine is
located in Township 5 North, Range 67 West, Part of the NE 1/4
Section 26 and Part of the NW 1/4 Section 25, 10600 Weld County
Road 54 in Weld County, Colorado.
Financial assurance is required on all solid waste facilities per
Colorado Revised Statutes 30-20-104.5 and sections 1.3.2 and 1.8
of the Regulations Pertaining to Solid Waste Disposal Sites and
Facilities, 6 CCR 1007-2. The effective date for financial
assurance for facilities the size of Northern Colorado Brine was
April 9, 1997.
Statement of Fact. On April 15, 1997 a request for an extension
to the required financial assurance was sent to this office by
Gene Fritzler on behalf of Northern Colorado Brine. This
information was received by this office on April 17,'1997. The
submitted information was reviewed along with the Department's
facility file. On May 23, 1997 a letter was sent to Mr. Fritzler
and copied to you that denied the request for an extension (see
attached). However, the use of an alternative financial assurance
was allowed, namely the use of the corporate test currently found
in the Hazardous Waste Regulations. A copy of these requirements
was supplied to you with the aforementioned letter. A submittal
date of July 1, 1997 was placed on the financial assurance
instrument.
Reasons for the denial of an extension to the financial assurance
requirements are summarized as follows.
1. Repeated failure to submit analysis of pond waters per
Sections 9.8 and 9.8.3 of the regulations.
on197
Of- ; fftU,eva); CA, Pt
lc sCSSIO
A dOs9
971812
2. Repeated failure to provide information concerning the
presence of water in the underdrain per Sections 2.1.4,
9.1.5, 9.3.2 and 9.8.7 of the regulations.
Your facility is now considered
assurance requirements found in
Regulations Pertaining to Solid
Facilities.
in violation of the financial
Sections 1.3.2 and 1.8 of the
Waste Disposal Sites and
This NOTICE OF VIOLATION fulfills the Division's requirement to
notify the facilty operator and the governing body having
jurisdiction of the determination of violations per section 1.9.3
of the regulations. Per section 1.9.5 of the regulations,
Northern Colorado Brine has thirty(30) days to respond in writing
to this NOTICE OF VIOLATION. Failure to do so may subject
Northern Colorado Brine to remedies as provided in the Act and
the Regulations.
Should you h e questions concerning this matter I may be reached
at 303/692-3445.
Sin
. a ory
id Waste Unit
ompliance Pr
enclosure
cc T. Jiricek, WCHD
Weld County Board of Commissioners
M. Sheets, AGO
G. Fitzler
L. Morrison, Weld County Attorney
Hello