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Home My WebLink About991163.tiff STATE OF COLOF DO Bill Owens,Governor pF-eOto' Jane F.Norton,Acting Executive Director r44,- Dedicated to protecting and improving the health and environment of the people of Colorado HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION ` « +, http://www.cdphe.state.co.us/hmi '41 1876'"' -1300 Cherry Creek Dr.S. 222 S.6th Street, Room 232 Colorado Department Denver, Colorado 80246-1530 Grand Junction,Colorado 81501-2768 Phone(303)692-3300 Phone(970)248-7164 of Public Health lax(303)759-5355 fax(970)248-7198 and Environment January 14, 1999 Ms. Connie O'Neill Weld County Health Department 1517 16th Avenue Court Greeley, Colorado £50631 Re: Replacement Sewage Disposal System at 6310 West 10th Street in Greeley Dear Connie: Thanks for talking with me yesterday about the package of materials you faxed to me last week regarding a replacement sewage disposal system at 6310 West 10th Street in Greeley, owned by Mr. Cliff Dyer. As we discussed, I am concerned about this system because a pipe in this vicinity drains fluids onto right-of-way property owned by the Colorado Department of Transportation (CDOT). Previously this pipe has discharged sewage and other chemicals. CDOT staff tell me Mr. Dyer has requested that CDOT unplug this pipe so that storm water can drain from it. I would like to provide you with my comments on the application materials you sent, and to let you know my recommendations to CDOT about unplugging the pipe. I have no commenta on whether the septic system will work for sewage, and assume that Weld County has good requirements and format which will be followed. I have strong concerns about this proposal for a septic system/leachfield system that would be used to treat industrial wastes from the auto body shop. I have talked with Mr. Tom Bennett, the Individual Sewage Disposal Systems (ISDS) Program Coordinator with the Water Quality Control Division. Tom reviewed the list of MSDS sheets you provided and stated that these materials absolutely should not be allowed to discharge to a septic system/leachfield, and that this plan is "contrary to the intent of the Board of Health's ISDS Guidelines." I also have reviewed our files for this facility and have found three things: a list of hazardous wastes generated at the site, a complaint of unpermitted discharges into the drain, and a report by Aguirre Engineers for CDOT which documented contaminated soils and water at the pipe outfall. Based on these sources, I recommend that Weld County not permit the discharge of industrial fluids into a septic tank/leachfield, for the following reasons: 991163 Ms. Connie O'Neill January 14, 1999 Page 2 1) The solvents and other organics are likely to kill the biological activity needed for the septic systems to work as intended. 2) The solvents may dissolve metals, oil, grease, and other materials that might otherwise be retained in the sand trap. These dissolved compounds may potentially contaminate soils and ground water, clog the system, and/or damage the biological process needed for the system. 3) The details of the sand trap are not provided which demonstrate that proper design and maintenance will be performed. Also, the compounds listed in the MSDS sheets are not all treated or retained by a sand trap. 4) In the complaint file for Hazardous Waste facilities, there is a complaint that this auto body shop used to dump old paints, thinners, and carborator cleaner down the drain. Approximately 10-15 gallons of paint allegedly were dumped per month for more than 10 years. There is no record in our file that this concern was ever adequately addressed. Also, soil sampling for CDOT at the pipe outfall revealed concentrations of potentially hazardous wastes such as methylene chloride, acetone, and toluene. Non-hazardous wastes were also found in the soil including ethyl benzene, xylenes, and semi-volatile organic compounds. During sampling, staff also observed intermittent discharge from the pipe that had an organic sheen on the water, indicative of contamination. Based on these data, it remains a concern that improper discharges to the floor drain may yet occur. f. 5) This facility is a registered Conditionally Exempt Small Quantity Generator of Hazardous Wastes for characteristic waste codes D006 (leachable cadmium), D007 (leachable chromium), D008 (leachable lead), and listed waste codes F005 and F003 (both long lists of spent solvents). We have no record of how these hazardous wastes are disposed. Given concern #4 above, there remains the potential that these wastes may be discharged to the drain. RECOMMENDATIONS Based on these concerns, I would recommend to you the following: 1) The floor drain needs to be separated from sewage from non-industrial sinks and toilets. 2) The previously used leachfield should be closed according to all applicable regulations and requirements. Sampling for constituents previously discharged to the drain should be done, and appropriate remediation completed. 3) Proper disposal of the industrial effluent from the floor drain could involve one of the two following commonly used options: Ms. Connie O'Neill January 14, 1999 Page 3 • Discharges from the floor drain could be collected in a holding tank. Liquids in this tank would need to be hauled off-site by a reputable transporter licensed for those chemicals, and disposed at a waste-water treatment facility also licensed to treat those chemicals. • The floor drain and shop sinks could be hooked up to the local POTW and discharge could be exempt from Hazardous Waste regulations if approved by the POTW (see attachment). Pre-treatment and/or monitoring might be required by the PO1 W. As far as the drain pipe on CDOT's highway right-of-way, Tom Bennett stated that no discharge from this pipe would be permitted, except for storm water. The permit application states that a pipe line leading from the shop to the storm water pipe has been plugged, and a storm drain line over the leach field was removed. There was no site plan attached to show these lines, however, so it is not clear where they are or that all unpermitted discharges to the storm drain have been removed. I continue to recommend to CDOT that 1:he pipe not be unplugged until it has been clearly demonstrated that water in this pipe is nothing more than clean storm water. If this cannot he demonstrated, the pipe may need to be replaced with a new engineered storm water system, for which sources can be controlled. I also recommend that CDOT take a look at the pipe outfall area, to see whether the contaminated soils should be removed and disposed. This removal would be intended to prevent contamination of surface water here and to protect worker health and safety during any future highway work at this location. Thank you for considering my comments on this application, and for continuing to keep me and CDOT staff informed about this site. Please call me at(303) 692-3446 or Tom Bennett at(303) 692-3574 if you have any questions. Good luck at the Board of Health meeting next week. Sincerely,tiCI4 Patricia. Martinek Liaison cc w/o attachment: Jeffrey Stoll, Weld County Health Deparment John Crier, CDOT Region 4 Gary DeWitt, CDOT Region 4 George Gerstle/Jim Paulmeno/Andy Flurkey, CDOT OES Tom Bennett, WQCD, CDPHE File: SW/DOT/S34 . ` COLORADO DEPARTMENT OF HEALTH Hazardous Materials and Waste Management Division F POLICY ON WASTEWATER TREATMENT UNIT EXEMPTION Under Section 100.10(a)(6) of the Colorado Hazardous Waste Regulations, owners • and operators of "wastewater treatment units" (WWTU) , as defined in 6 CCR 1007-3, Part 260.10, are exempt from State RCRA permitting requirements. The Division's policy regarding applicability of the WWTU exclusion in Part 100.10 is discussed below, including factors which may prevent a wastewater treatment facility from being eligible for the exclusion. "Wastewater treatment unit" means a device which: (1) Is part of a wastewater treatment facility which is subject to regulation under either Section 402 or Section 307(b) of the Clean Water Act; and (2) Receives and treats or stores an influent wastewater which is a hazardous waste as defined in Section 261_3 of these regulations or generates and accumulates a wastewater treatment sludge.which is •a hazardous waste as defined in Section 261.3 of these regulations or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in Section 261.3 of these regulations and , (3) Meets the definition of tank or tank system in. Section 260.10 of , these regulations. All three of these requirements must be met for a facility to qualify for the WWTU exclusion. • The first requirement limits the exemption to units which are part of a wastewater treatment facility subject to regulation under•a National Pollution Discharge Elimination System ("NPDES") permit, a Colorado Discharge Permit System ("CDPS") permit issued by the State Water Quality Control Division, or which are part of a wastewater treatment facility subject to regulation under the Clean Water Act ("CWA") pretreatment requirements. The•CWA pretreatment • equirements apply to dischargers to publicly owned treatment works (POTW's), and the POTW':s themselves. • Whether or not a unit is "part of a wastewater treatment facility" will be determined on a case-by-case basis. Generally, the unit must be in the immediate vicinity of the main structures and/or point(s) of discharge of the wastewater. treatment facility, and the unit must be directly involved in the '. actual treatment or storage of the wastewater. The WWTU may receive wastes, including hazardous,wastes if it is a designated facility, from offsite or other onsite facilities. This last point was clarified in the September 2, • 1988 ederal Rezister, page 34080. The second requirement allows facilities eligible for the exclusion to receive, and treat or store a "wastewater", or generate, accummulate, treat and store a "wastewater treatment sludge", which is a hazardous waste.• However, the WWTU may not receive a WWTU sludge which is a hazardous waste, unless the facility has interim status or received a RCRA permit for treatment or storage of that waste type in specific units. 1. A formal definition of "wastewater" has been promulgated by EPA under RCRA for - • the. purpose of determining treatability group under the Land Disposal Restrictions regulations, Section 268.2(f). That definition is as follows: "Wastewaters" are wastes that contain less than it total organic carbon (TOC) and less than 1% by weight total suspended solids (TSS) , with certain exceptions for K011, K013, K014, K103, and K104 wastes. Wastes which do not meet-the criteria for wastewaters are defined as "nonwastewaters": The Division believes that this definition is appropriate for TOG, but unnecessarily restricts TSS for application to the WWTU exclusion. Most WWTU's are designed to remove solids as an integral part of the treatment process, producing a wastewater treatment sludge. EPA guidance regarding the WWTU exemption refers to "wastewater" as being substantially water containing a few percent contaminants at most. (See July 31, 1981 letter to Richard Boynton, EPA from John Lehman, EPA HQ.) While this definition does not provide a specific quantifiable limit on wastewater, it is interpreted by the -Division to refer to wastes which are , predominantly water as opposed to concentrated chemical solutions or non-aqueous wastes. The Division's.interpretation agrees with guidance obtained-from EPA. It ii apparent that- EPA hazardous waste codes alone..are not adequate to determine if a hazardous waste-being treated in a wastewater treatment facility is a "wastewater". However, waste codes--will. provide information - on the constituents or characteristics of the waste. . The Division has determined that the following criteria must be met: fora ' hazardous waste to qualify as a "wastewater"., and for the-WWTU exclusion :to apply to•a wastewater treatment facility receiving hazardous wastes .from. • off-site sources: 1.) The WWIU must be part of. a "designated facility", as defined in 6 CCR 1007-3, Part 260. 2.) .Water content of the waste must be at least -901 by weight; 3.) Total Organic Carbon (TOC). of the waste must be less than 1% (from 6 CCR 1007-3, Part 268 definition); 4.) Flash point of any phase of the waste must be above 140 degree F; 5.) The waste must not have any phase which-would cause the waste to exhibit the characteristic of reactivity, as defined in 6 CCR 1007=3, Section 261.23. 6.) Any facility utilizing the WWTU exemption must be able to demonstrate compliance with the above criteria through records of hazardous waste • determination, waste characterization or analysis. • 7.) Thermal treatment is not an exempt treatment process unless - specifically approved by the Division in writing. 2. Other prohibitions on waste composition or operation of a WWTU claiming the. exclusion may be implemented by the Division on a case-by-case basis in order to protect humdn health and the environment:. Exceptions to the above prohibitions will be determined by the Division on a case-by-case basis. For example, a higher TOC level may be allowed for treatment of oily wastestream in a biological treatment plant. Generators wishing to utilize the WWTU exemption and treat their own wastes in an on-site WWTU must be able to demonstrate that conditions (2)-(7) above are met. A Publically Owned Treatment Works (POTW) is deemed to have a RCRA Permit by Rule, and may accept hazardous wastes for treatment if, the POTW complies with 6 CCR 1007-3, Section 100.21(c) . Many wastewater treatment facilities generate a sludge. In the case where the sludge is a hazardous waste, storage or treatment .of the sludge in the WWTU is exempt from permitting requirements provided that the facility has appropriate management techniques for the resulting waste type. For example, should the WWTU sludge exhibit the characteristic of reactivity (D003) , the facility must manage the waste accordingly. Failure to do so jeopardizes the exclusion: . • The third requirement is that the unit must meet the definition of a "tank" or "tank system" in Section 260.10. It is important to note that EPA clarified the definition of.WWTU in the September 2, 1988 Federal Register (53 FR 34086) including "tank system" in the definition in requirement 3'. Tanks which manage wastewater or.wastewater. treatment sludge must be a-- dedicated part cf the WWTU. The exemption does not apply to tanks which are .used to store or treat a wastewater or wastewater treatment sludge prior to shipment (either on a part-time or full-time basis) .to off-site facilities for further management, rather than manage it in an or.-site wastewater treatment facility. This point. was also addressed in the September 2, 1988 notice. The Division and EPA consider hazardous wastes managed in a WWTU to be hazardous wastes throughout the process, unless it meets an exclusion other than the WWTU exclusion. A WWTU sludge resulting from treatment of listed waste remains a listed waste after treatment. A sludge produced from treatment of. characteristic waste which no longer exhibits characteristics .of a hazardous waste after treatment would no longer be a hazardous waste. If a WWTU is known to be leaking to the environment, then appropriate enforcement action can be taken for illegal disposal of hazardous wastes. The owner/operator may then be required to repair or close the tank system and initiate corrective actions addressing the contamination. It should be noted that WWTU's which qualify for the exemption may be subject to certain generator requirements of Part: 262. These requirements include the hazardous waste determination for hazardous wastes generated by the WWTU. Wastewater treatment sludges produced by the WWTU which are hazardous wastes and are removed from the WWTU for further management, and WWTU effluent which may be unacceptable for discharge under the CWA provisions must be managed in- accordance with the Colorado Hazardous Waste Regulations. - - ADOPTED (JO ttct � . - d 5 1owinski, Section Chief Hazardous Waste Control itt 444Nap DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 WI I D NISTRATION (970) 353-0586 Ci ECTION (970) 353-0635 COMMUNIHEALTHTY HTEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 January 11, 1999 Steve Wernsman Wernsman Engineering, Inc. 710 11th Avenue, Suite 201 Greeley, Colorado 80631 Dear Mr Wernsman: Our Division has reviewed your preliminary proposal of the replacement sewage disposal system for the Cliff Dyer property located at 6310 West 10th Street, Greeley, Colorado. As per our phone conversation today, there are still two areas that will require additional information. First, the proposed system for floor drain waste does not adequately address treatment. Many of the compounds listed on the Material Safety Data Sheets are classified as hazardous wastes. Based on a review of this information by Pat Martinek and Tom Bennet of the Colorado Department of Public Health, the division recommends that the floor drain waste be collected in a holding tank. Liquids collected in the tank would then need to be hauled off-site by a reputable transporter licensed for those chemicals, and disposed of at a facility also licensed to receive those wastes. In addition, the division would request a copy of the protocol implementing this procedure including the removal and transport of the waste, analysis of the waste to determine the type of disposal required and the method for disposal based on the analysis. The second area of concern is the trailer which is connected to the proposed replacement system. If the trailer is going to be permitted through the Weld County Planning Department for year round occupancy, the flow calculations will need to be adjusted to reflect this use. As we also discussed, a meeting to review these modifications and any additional concerns has been scheduled for Wednesday, January 20, 1999 at 9:00 a.m. at the Health Department. Wernsman, Steve Page 2 If you have any additional question, please contact me at (970) 353-0635 extension 2240. Sincerely, 91/ Connie O'Neill Laboratory Program Supervisor cc: Cliff Dyer John Pickle, Health Officer Jeff Stoll, Director, Environmental Protection Division Lee Morrison, Assistant Weld County Attorney Pat Martinek, Colorado Department of Public Health and Environment Bob Grubey, Colorado Department of Transportation a:co.251 DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO Case No. 98-CV-1182 Division 1 MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT Clifford Dyer, Petitioner, vs. WELD COUNTY DEPARTMENT of HEALTH and DIRECTOR JOHN PICKLE, (in his official capacity) Respondents. COMES NOW the WELD COUNTY DEPARTMENT of HEALTH and DIRECTOR JOHN PICKLE,(in his official capacity) by and through the assistant of Bruce T. Barker, Weld County Attorney, and hereby moves to dismiss the Petitioner's PETITION FOR JUDICIAL REVIEW in the above captioned case, pursuant to Rule 12(b)(1)& (5), C.R.C.P., for the reasons that the Court lacks subject matter herein and said Petition fails to state a claim upon which relief may be granted. In the alternative, the Defendant moves for summary judgement, pursuant to Rule 56, C.R.C.P., for the reason that based upon the evidence submitted in the attached Partial Transcript, said Petition does not present genuine issues of material fact for the Court to decide. As grounds therefore, the Defendant states as follows: GENERAL STATEMENT OF FACTS The Petitioner, Clifford Dyer, in the Court proceeding (NB: Dyer was denoted the Respondent in the administrative process before the Health Director), hereinafter referred to as "Dyer"is the owner and occupant of a parcel of land immediately west of the City of Greeley in unincorporated Weld County. The property is not served by public sewer and is instead served by individual sewage disposal system(s) ISDS which are subject to the jurisdiction of the Weld County Health Department under state statutes and guidelines and Weld County Ordinance #9. The administrative record reflects that although an ISDS permit had been applied for on the property, the permit never issued and was subsequently voided ( 'J 4 of Order of John Pickle attached to the Petition) . Apparently, Dyer constructed, used, and modified the system for a number of years until the problems were called to the attention of the Health Department. Investigation indicated a discharge to the surface and the lack of a valid and approved ISDS Page 1 of 4 permit. Dyer made some modifications to the system after being served with a notice of violation, initially without consultation with an engineer , which appeared to abate some of the most obvious flaws in the system. However, he had not yet obtained a complete and accurate engineer evaluation nor obtained a valid ISDS permit at the time of the hearing on November 23, 1998 . The Health Officer found, among other things, violations of the Weld County ISDS Ordinance existed with respect to illegal discharges, and maintaining commercial facilities without adequate sewage facilities. The cease and desist order was stayed 70 days to allow Dyer to submit the necessary engineering and application for a permit to the Weld County Health Department by January 19, 1999 for consideration at the Board of Health meeting the folowing week. This matter comes before the Court purporting to be an appeal of the administrative decision of the Weld County Health Officer pursuant to C.R.S. C.R.S. 25-10-106(1)(k). The hearing to consider the cease and desist Order was held on two dates and the cease and desist order appealed from entered on November 23, 1998 in the presence of Dyer and his engineer. The written Order was signed by the Health Officer on November 25, 1998 was served upon Dyer on that date. The petitioner Clifford Dyer was present at both hearings and heard the Health Officer set forth his ruling. The discussion on the record of the effective date of the order indicated that the effective date of the order was November 23, 1998 even though a written order would follow.' THE COURT IS WITHOUT JURISDICTION TO CONSIDER PETITIONERS' PETITION BECAUSE THE PETITION WAS FILED MORE THAN TEN DAYS AFTER THE HEARING AND DECISION REGARDING THE CEASE AND DESIST ORDER Petitioner requests this Court to review the issuance of a Cease and Desist Order pursuant to C.R.S. 25-10-106(1)(k)2 presumably in the form of an action in the nature of certiorari under C.R.C.P. 106(a)(4). The statute requires that review of the Order be completed within 10 days of the This Counsel, in the presence of Mr. Dyer on November 23, 1998 explained to the Health Officer: "The effective date of your order is today, even though the written order will follow, so the effective date starts today." See attachment"A", Partial Transcript, page 3. 2 "(k) Issuance of an order to cease and desist from the use of any system that is found by the health officer not to be in compliance with this article or the rules adopted under this article or otherwise to constitute a nuisance or a hazard to public health or water quality or water quality and that has not received timely repairs in accordance with the provisions of paragraph(j)of this subsection(1). Such an order may be issued only after a hearing that shall be conducted by the health officer not less than forty-eight hours after written notice thereof is given to the owner or occupant of the property on which the system is located and at which the owner and occupant may be present, with counsel, and be heard. The order shall require that the owner or occupant bring the system into compliance or eliminate the nuisance or hazard within a reasonable period of time, not to exceed thirty days. or thereafter cease and desist from the use of the system. A cease and desist order issued by the health officer shall be reviewable in the district court for the county wherein the system is located,and upon a petition filed not later than ten days after the order is issued." Page 2 of 4 Order. Rule 106(b)3 requires any appeal pursuant to Rule 106(a)(4) to be filed in the district court "not later than thirty (30) days after the final decision of the body or officer" being challenged However, the thirty day period only applies if a statute does not provide an alternative time frame for filing an appeal. Nonetheless, the time for filing the appeal is jurisdictional and a C.R.C.P. 106(a)(4) petition not filed within the applicable time limitations must be dismissed for lack of subject matter jurisdiction. Baker v. City of Dacono, 928 P.2d 826, at 827 (Colo. App. 1996). The time frame for the ten days commenced to run on the date of the oral issuance of the Order, November 23, 1998 and required filing to perfect the appeal on or before December 3, 1998. The Petitioner , Mr Dyer, was present and was advised that the Order was effective upon date of pronouncement,November 23, 1998. The Order was prepared and then signed and personally served upon the Petitioner by service on a member of his family on November 25, 1998. A copy was also served by certified mail received December 2, 1998. The Petition for Judicial Review was filed with the court on December 7, 1998 and served upon the Clerk to the Board on December 9, 1998. According to the Baker case, the time period for a Rule 106(a)(4) appeal begins to run "`at the point of administrative finality,' which occurs on the date when 'the action complained of is complete,' leaving `nothing further for the agency to decide,' regardless of whether the parties are absent at the time the final decision is rendered. Cadnetix Corp. v. City of Boulder, 807 P.2d 1253, at 1254 (Colo. App. 1991)." Baker, supra, at 827. The courts in both the Baker and Cadnetix cases held that the pertinent date is the date the decision complained of is rendered. The time period does not begin at either the date of mailing, or upon the day the final decision is received. Baker, supra, at 827; see also, Crawford v. State, 895 P.2d 1156 (Colo. App. 1995). 3 Bar J Homeowners Association, Inc.v McMurrv, 1998 WL 639375(Colo. App No. 97CA1453, announced, September 17, 1998) The Order of the Health Officer did not indicate that any issues remained to be decided. Therefore, the Order was final. As with any Order, the issue of compliance with the terms of the Order remain , but the Order itself is final. WHEREFORE, the Defendant respectfully requests that the Petitioners' Petition be dismissed, that preparation of the record be stayed pending a decision by the Court on this issue and for such further relief as the Court may deem just and proper be granted. ' Where a statute provides for review of the acts of any inferior tribunal (whether court, board. commission, or officer)by certiorari or other writ, or for a proceeding in quo warranto, relief therein provided may be had under this Rule. If no time within which review may be sought is provided by any statute,a.petition for certiorari or other writ seeking to review the acts of any inferior tribunal shall be filed in the district court not later than 30 days from the final action taken by said tribunal. A timely petition or writ may be amended at any time with leave of the court, for good cause shown, to add,dismiss or substitute parties, and such amendment shall relate back to the date of filing of the original petition or writ. Page 3 of 4 BRUCE T. BARKER, WELD COUNTY ATTORNEY; ATTORNEY FOR WELD COUNTY DEPARTMENT of HEALTH and DIRECTOR JOHN PICKLE,(in his official capacity) —7ti / LEE D. MORRISON #8067 Assistant Weld County Attorney 915 Tenth Street P.O. Box 1948 Greeley, CO 80632 (970) 346-4000, Extension 4391 Address of Respondents: 1517 16th Ave. Ct Greeley, CO 80631 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGEMENT was placed in the United States mail, postage prepaid, addressed to: Robert E. Ray John Pickle (via interoffice mail) 1122 9th Street 1517 16th Ave. Ct Greeley, CO 80631 Greeley, CO 80631 6Th DATED this B day of � � , 1998. --7274-6,yY- v` M\WPFJLES\PLEADING\DYER\DISMISS.WPD Page 4 of 4 BEFORE THE HEALTH OFFICER WELD COUNTY, COLORADO PARTIAL TRANSCRIPT OF HEARING ON NOVEMBER 23, 1998 RE: CEASE AND DESIST ORDER AGAINST CLIFFORD DYER APPEARANCES WELD COUNTY HEALTH OFFICER: JOHN PICKLE, HEALTH DEPARTMENT DIRECTOR OTHER COUNTY STAFF: LEE MORRISON, ASSISTANT COUNTY ATTORNEY JOHN PICKLE, R.S., M.S.E.H., DIRECTOR, WELD COUNTY HEALTH DEPARTMENT JEFF STOLL, M.P.H. DIRECTOR, ENVIRONMENTAL PROTECTION SERVICES CONNIE O'NEILL, LABORATORY SUPERVISOR LAURIE EXBY, ENVIRONMENTAL PROTECTION SPECIALIST ALSO PRESENT: CLIFFORD DYER STEVE WERNSMAN, P.E., WERNSMAN ENGINEERING 1 PROCEEDING MR. MORRISON: The following documents were submitted in the record: Application and permit but no final and received date but not a final for the septic system. The original received date is March 1, 1983. There is a letter summarizing the last hearing dated September 21, 1998, from Jeff Stoll and letter of October 26, 1998, to Mr. Dyer from Mr. Stoll and another letter same parties November 4, 1998. A memo to the file on November 9, 1998, from Laurie Exby regarding Mr. Dyer. Mr. Wernsman's Evaluation Existing Disposal System. Cliff Dyer Commercial Building updated October 2, 1998, and the Summary Memo the chronology dated November 23, 1998. As far as the memo generally the regulations played a cease and desist order having three days to come into compliance except for extreme emergency cases. In order you enter today Mr. Dyer has thirty days to comply with, I think you could set a different time line but you could enter a cease and desist order. That order is appealable within ten days, if you enter an order Mr. Dyer has ten days to go to Weld District Court and appeal that, the entry of that order. There are other remedies but that's the basic remedy, that's before you today is to enter a cease and desist. The question is what are you ordering cease and desist, basically it would be continued ordering the discontinuance of the use of the unpermitted system and that also would mean discontinuing use of those structures that are hooked to the system until and that's where the remedy is what would resolve the problems sufficiently to lift the cease and desist. MR. PICKLE: It just needs to be permitted. MR. MORRISON: The other alternative Mr. Pickle is to enforce your order in District Court which also provides a contempt process and fines if the order is not complied. MR. PICKLE: I don't usually set seventy days cease and desist it's usually like thirty days, but I'm trying to be fair here, because if it comes seventy days and we're not I'm going to unlease this to the courts and I'm going to unlease this to the state and the fines start kicking in because we have spent a considerable amount of money. You have, we have, you have, and we need to get some resolution. MR. MORRISION: The other thing is the effective date of your order is today, even though the written order will follow, so the effective date starts today. MR. DYER: Well one question we're talking is seventy days. What happens in seventy days? MR. PICKLE: In seventy days you will meet with the Board of Health, you will ask them for a variance to approve a septic permit for this unpermitted system, if they grant that one piece of the cease and desist order is resolved. 3 CERTIFICATE 1 I, CYNTHIA A. SALAZAR, Clerk to the Board of Health and a Notary Public of the 2 State of Colorado, appointed and commissioned by the Secretary of State, do hereby certify that the 3 foregoing Hearing was transcribed from the taped recording which was recorded at the Weld County 4 Health Department, 1517 16th Avenue Court, Greeley, Colorado, by JEFF STOLL, DIRECTOR, 5 ENVIRONMENTAL PROTECTION SERVICES, and that the foregoing is an accurate transcript of 6 the proceedings at that time. 7 I further certify that I am no related to any party herein or their counsel, arid that I am 8 employed in the office of the Health Department. 9 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal 10 this 23rd day of December, 1998. 11 I / 12 4 13 • V71/ /1,1,([ f G,' Cw G1/ 14 CYNTHIA A. SAt7CAR 15 Clerk to the Boardrof Health and Notary Public,/ 16 17 My Commission Expires February 7, 2000 4 Post--it Fax Note 7671 Date _R /� pa9 �i aa� / tliii:MIHC To D From .. Co/Deft. Co 1 ,.kd( Phone.# Phone 8 ._ 1.1j - J f Fax R 3�. (1 J Y-) Fax# Will _ HEALT 1 PROTECTION (970) 353-0635 COLORADO Post-it Fax Note 7671 Date 41 of n1 'pages- ) To f A- . 0 From .z - , Co./Dept Co �I 11 =v{r/ ' December 28, 1998 �f, ,cft . ti Phone# Phone#�3.Fax#. - Fax# 5 � { 1/4( (3 S.5 3.5- q.) 2 _ Clifford Dyer —` 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: In response to your request for a letter confirming that the effluent discharges have been disconnected from the storm drain system, our department has received and reviewed a letter from your engineer, Steve Wernsman. Mr Wernsman's review indicates that some modifications have been made to the drainage going into the storm system. These include plugging and removing storm drain lines as well as diverting the floor drains. Therefore, the effluent discharges to the storm drains appear to have been eliminated. However, the matters regarding the repair of the existing system are still pending. You came in last week and applied for the repair permit for your existing system. Mr. Wernsman submitted an engineer design for the repair today. The plan proposes that a new replacement field be constructed to treat the sewage from the building while only the floor drain waste will be routed to the existing system. The design will be evaluated by staff this week and scheduled for the Advisory Board of Health meeting on January 26, 1999 for their approval. A variance will still be needed from the regulation requiring public sewer service for structures within 400 feet of a public sewer line. Please be reminded that since you intend to continue to use the existing field to treat floor drain effluent, you will be required to obtain a repair permit for that modification, also. The floor drain system cannot be constructed until a repair permit application is reviewed and approved. This permit will also be subject to the same permit and variance approval from the Advisory Board of Health and can be heard on January 26, 1999, also. If you have any questions regarding this matter, please call me at (970) 353-0635, Ext. 2229. Sin rely, Jeffrey L. Stoll, MPH Director cc: Lee Morrison, Assistant Weld County Attorney John Pickle, Health Officer Connie O'Neill, Laboratory Services Supervisor Steve Wernsman, Wernsman Engineering, Inc. Bob Grubey, Colorado Department of Transportation a:co.248 . S{EphEN C.WEINSNA3N 710 ELVENfh AVENUE SAE to] PrEsidENf GrFFIFV. CO e,06 ; WERNSMAN ENGINEERING. INC. <970> 359-1163 Fax(970> 353-9157 DESIGN OF REPLACEMENT SEWAGE DISPOSAL SYSTEM for CLIFF DYER COMMERCIAL BUILDING 6310 West 10th Street Greeley, Colorado December 24 , 1998 Revised January 18 , 1999 Project No . 98-184-02 artiouct.‘,4,‘,1 -: i �• 17487 '-:7V 5 J /� Yye., f IL y4avF% ..• • (uosaad auo) Aep / suoTTv6 SL st Jett-8.1q aql woa3 MoT ; a6eMas a6eaane paldeTDT-Iue eq.', • (ureTd acts aas ) autT eotnaas 6utpTTnq awl o•} aaTteal el-11 woa3 paTTe'lsuT uaaq seq doap James y • sat4TTToEJ 6utdaaTs Pa'ltwtT seq aaTTea•} aqy • 6utpTcnq aq'l jo q•}aou pageooT sT aaTtea1 y ' oz sT 6utpTcnq aq'3 ut saaxaoA jo aagwnu pa•}edtot }ue wnwtxew aqy • 6uTpTtnq atil ut saaxaoA pT cTavewtxoadde Jae aaeq•; AT }uaaan3 'Aep / uosaad / suoTTe6 Si 3o alea a 4e seDt j3O -4e saaxaoM Ae(1 uo peseq st MoTj e6eias a6eaeie paledTOTlue eq.', ' eS1-1 aa•}eM Teta•}snput ou 1.1-}TM sassautsnq dogs / asnoga.TeM / 27T33O ao; pasn st 6utpTTnq -oaCgns aqy \\\ • ( eTd al Ts s aas ) ATuo le! uteap .rooT,j eql ;o T•esodst ao3 PTac3 goeaT 6uTlstxe am pue 'AT o suteap aooT3 aga ao; den es a se xuel DT -4 s 6ut•}stxe eq'l aztT , n oq asodoad am • paq uot-daosq-e adA•; aagwega sseTTanea6 Mau pue xue•} ofqdas Mau e Jo 1stsuoo TTTm walsAs luewaorTdea pasodoad aqi • 6utpTcnq 1oeCgns awl Jo,; wagsAs DT-Ides •}uawaoeTdaa a u6tsap a•} st Apngs stgl 3o esodand ally panowaa uaaq gouts seq cull lno-paggn4s aqy • PTatd goeaT eql anoge seM gotgM ' eutT Tno-paggn•}s aql jo .4g6taq awl pagoeeJ TeAaT aqi uegi „ltd„ eq.} aalua of aalei acMas eq•; ao3 a5essed e paptnoad •;see-q•}nos eql woa3 „ )td„ aq4 6uT.Ta-}ua auTT uteap wao•}s •}no-paggn'}s aqi, -walsAs uteap waols awl out pue „ltd„ awl g6noagi a6aegostp snotnaad jo aoanos •}uaaedde 'awl sT TeAeT g6cq scq.L • SutPTtnq eq•} woa3 peoT eq•} aTpueg of g6noua •}se,; 6ut'}eToDJed aa6uoT ou sT pTaT ; goeaT awl anarTeq I • suot•}eAJesgo asegl uo paseg • paAJesgo uaaq sell aa•}ei aoe3.Jns ON -xoq uotingta;stp eql enoge TeAeT all•} glTm ' pa•}epunut sT PTaTJ goeaT awl leg.} paiogs suot -4enaasgo asegI • 3TesAw Aq panaasgo pue panowaa uaaq seq aanoo xoq uoT•}tgna4stp 6uT•4stxa aqi ' osTy • 3TasAw Aq panaasgo pue pa.zanooun uaaq seq piat; goeaT 6uT1sixe eq•} ;o aauaoo 4saYq'}aou ally • panaasgo uaaq seq al Ts s awl wog 3 a6aet4 s t p ieq•}anJ ON ' <ueTd a•} ts aas ) panowei sei pTat3 goeaT at Jeno au'T uteap waogs a pue a6aegostp eq7 dots of pe 6nTd pue •}no s•ei auTT uteap e 'ueq-4 aouts ' a6.iegosTp a6eias eq of peutwaalap pue Teuuosaad • ldau q'TTeaH Aq pa7sal seA goTgm walsAs ebeuTeap am ut panaasgo set aa- eM ;o a6aegosTp a 966T 3o aawwns eq'l TIT •uot•;aadsuT TeuTj a jo paooaa ou sT aaaq-} inq 'wegsAs stq•} aoj panssT seM •; twaad a •}eq puelssepun I - epees uaaq aneg suoTlenaasgo aag•}an3 pue paaatle6 uaaq seq uoT•}ewaoJut eaow •uaq- a:iuts • suoTlenaasgo eoeJans TensTA uo pue ' emit-4 aq•} ye a geTtvne SVA -4eq•} not-4ewaojut uo peseq seM -4aodaa yegy -walsAs 6ut•}stxe •}DeCgns aq-} io aDT33o sTql Aq paaedaad seM ' 9661 ' z Jago4oO pe ep -4aodaa snotnaad y • (q-4nos ) 6utpTcnq .sebaeT aq•} sT Apngs stm go •}DeCgns eta • (ueTd alts aas ) welsAs PTacd goeaT 'g xue'} iT •ldes 6ut•}stxe uio s4T g-tm goea ' sbutpTtnq Tetoaawwoo oM} seq Alaadoad aqy • s-4cwt'I AltD AeTaaao eq-4 ut ATluaaano •;ou st A•Taadoad aqi - opeaoTo3 'Aluno3 pTem 'AaTaaaO • laaJ ;s q-401 lsam Jo apes g•anos eql uo squoJJ A•;sadoaa aqI NO I IDOOOd1N I page 2 According to Health Dept . records , a percolation test was conducted by Health Dept . personnel on March 15 , 1983 . The test showed an average percolation rate of 20 . 4 min . per inch. The soil profile indicated on this test showed the soil consisting primarily of silty/ sandy material . No ground water or other limiting zones were indicated. On August 29 , 1998 , five monitoring wells were installed around the septic system area. The holes were drilled approximately 18 feet deep and perforated pipes was installed to a depth of approximately 15 feet ( see site plan) . No ground water or other limiting zones were encountered in these borings . The soil profile encountered in these borings was consistent with the original percolation test profile . No free water has been observed to date in any of the wells . On December 3 , 1998 , a new percolation test was attempted at the proposed site of the replacement percolation field . The test failed because the percolation rate was too fast . Recent excavations and loose backfill in this area are believed to be the cause of the rapid percolation . Therefore , original percolation rate is used in this design , and a new percolation test will be performed after preparation of the filter material and prior to installation of the chamber system. Modifications may be required to the bed size , based on the results of the new percolation test . The source of water for the facility is City of Greeley. LEGAL DESCRIPTION A tract of land in the Northeast quarter of the Northeast quarter of Section 9 , Township 5 North , Range 66 West of the 6th P.M. , Weld County, Colorado . PERCOLATION RATE The average percolation rate used in the design is 20 . 4 min . per inch , as recorded in the original Weld County Health Dept . personnel test . page 3 FLOW (not including floor drains ) Building average flow = 20 people x 15 gal . /person/day = 300 gal . /day Trailer average flow = 75 gal . /day Total average flow = 300 + 75 = 375 gal . /day Peak flow = 375 x 150% 563 • al . /day SEPTIC TANK Retention time = 30 hours Tank vol . required = 563 x 30/24 = 704 gal . minimum. REPLACEMENT ABSORPTION BED Ntr:itilijkhel(j1 Peak Flow = 563 gal . /day Bed Area Required = 563 x 20 . 4 X 1 . 3 X 0 .5 / 3 .5 € 472 sq . ft . 1 Number of chambers required = 472 / 15 .6 30 c ambers �z- .FLOOR DRAIN FLOW Floor drain 14Ae is for routine clean-up activities . The northernmost floor drain is used for periodic car washing associated with car body repair work . No industrial use or full car washing activity is done in the building . The estimated average flow is SO gallons per day for the drain in the northern building unit and 20 gallons per day for the other two drains . Total average flow = 50 + 20 + 20 = 90 gal . /day We propose to use the existing 1000 gal . septic tank as a vault for holding floor drain flows . The outfall line to the existing leach field will be plugged and the existing leach filed will be abandoned . The intent is to enter into an agreement with an approved waste handling company which will remove the waste at required intervals . OO16141OL a fr o ...JJJ Based on the anticipated avers a flows , t e number of days required to fill the tank is : 1000 gal . / 90 gal . /day = 11 days . C ,- tL The tank level will need to be monitored to assure that it is emptied before it completely fills up. page 4 CONCLUSIONS I believe that this proposed replacement will provide adequate sewage facilities for the building . Since the existing system is being abandoned as a sewage facility, further investigation and testing should not be necessary. MSDS sheets for the products used in the building which may enter the floor drains are included in the Appendix. Also included in the Appendix are cost estimates for /q, • installation of this replacement system and for connecting to the City of Greeley sewer system. g cc SPECIFICATIONS 1 . Existing septic tank shall be pumped empty in both compartments and the out.fall line to the existing leach filed shall be plugged . 2 . New septic tank - use 1000 gal . precast concrete tank . 3 . Excavate the area below the proposed replacement absorption bed . Prepare filter material to a depth of 4 ft . min. below the chambers . Filter material and its placement shall be approved by the Engineer . A new percolation test shall be performed by the Engineer after filter material is in place . The percolation bed size shall be adjusted accordingly if necessary as instructed by the Engineer . 4 . Absorption bed size - 440 sq . ft . (or as adjusted by the Engineer ) " Infiltrator" . Install in conformance with manufacturer ' s recommendations and Weld County Health Department regulations . 5 . All construction shall be in compliance with the Weld County Health Department and State regulations . 6 . Any deviations from the specifications shall be approved prior to construction by Wernsman Engineering , Inc . 7 . The system shall be inspected by Wernsman Engineering , Inc . during critical parts of construction . If it is discovered that the existing sewer lines are too deep for gravity flow to the new system, then a lift station will be installed per the Engineer ' s recommendations . 8 . Provide positive surface drainage over the system by sloping the finish grade. 9 . Trees or shrubs should not be planted in the general area of the system. 10 . The system installer shall provide as-built plans for the system to the Owner , Enginer and Weld County Health Department . *************************************************************************** WELD COUNTY HEALTH DEPARTMENT (970) 304-6415 STMT OF EXISTING RECEIPT ***************************************************************** k********* Reprinted: Receipt Number: 99001156 Amount : 10 . 00 06/14/1999 13 : 34 Payment Method: CHECK Notation: 535 Init : CSALAZAR Owner Name : WINTER DUSTIN & SANDRA Applicant Name : WINTER DUSTIN Permit No : SE-9900081 Parcel No : 0707 03 Site Address : Location: 41555 WCR 33 AULT/03/07/66 Total Fees : 10 . 00 This Payment 10 . 00 Total ALL Pmts : 10 . 00 Balance : . 00 *************************************************************************** Account Code Description Amount 256041400-4221-400 Statement Of Existing 10 . 00 z , NS itp y .. MCI f i 1 w •C i .I v Pc,. .I S t 1-- 1 IC a Y xnvi .,'Jdas : . x V / J —I iit XI+l- w I / le3—M I 1 t �� y v `I Lz � 'e 1r7p S v h �• - It ' NS b 2Es. -1� o < _ J al I ff__. _ Vi N ` - „ I :LS O/ 'AA. I . N. O e tEN ea "4 e_ . :,:4 I V MCI `y0 i..1,) ( I . ...E._,\..ric-,4 _ ) --I cs ►s_- \ . •. (_.--- -- — _N-__ L-F;_- k..1_ '' X. ' 1 0 I IL_ j 1---) -11.01J Qom/ Al 3N` r ! flLJ " x � -ot- \ NN1/1 - i1d3S / - --tom 1 1-.‘"--r-z V. c _/ _ II I ,u II,.„f 1 ,.s,c, I �Y, v I�� I ! ar �rct 1 :q,,::ji�- Ix +o--- .. x n � rc - 1/4aZ ` I 3N�-d I v 1 � te p cs�I o Cs ~ �s v ri . r�• , 1 1--z A las v, .c. _h is O/ "M APPENDIX ''7*-`'-/ Gb COST ESTIMATE FOR SEPTIC SYSTEM REPLACEMENT (Material , equipment . labor & profit ) Earthwork $ 400 . 00 ( 1 ) new 1000 gal . septic tank $ 600 . 00 ( 30) Infiltrators $ 1000 . 00 Distribution Box & Pipe $ 200 . 00 Miscellaneous $ 300 . 00 Total $ 2500 . 00 COST ESTIMATE FOR CONNECTING TO CITY OF GREELEY SEWER (Material , equipment , labor & profit ) Sewer Development Fee (for recently installed new sewer line in West 10th St . ) $ 6600 . 00 Sewer Investment Fee $ 1288. 00 Sewer Tap Fee $ 165 . 00 New Sewer Line $ 2000 . 00 Total $10 . 05:3 . 00 Note : This amount represents the costs for sewer connection only for one building . If one building is connected for sewer , the City may require both buildings to connect for sewer and some eA.Afil441 additional water service improvements . The total costs for sewer N I1�, and water for both buildings would total approximately $23 , 000 . 00 � for the known costs , and could be more . This amount also does tOi'` + icp not include usage fees . etl)Prt91— Z21) t1-611k eil-k44-1k- Luktin* k suaek tAL. T to 40 6r ,a c.lit&- de6' .. O/ . 161A-9 -) d k. l}a , 1 00-49 e 3M General Offices 1270 DV 3M Center G St. Paul, Minnesota 55144-1000 612/733-1110 Duns No, : 00-617-3082 MATERIAL SAFETY DATA SHEET DIVISION= AUTOMOTIVE TRADES DIVISION TRADE NAME. 3M brand Super Duty Rubbing Compound P/N 5954. 5955, 5956 3Tt I.D. NUMBER: CN-1006-9453-4 XC-0616-7891-5 60-9800-1132-3 60-9300-1527-9 60-9898-3201-3 ISSUED: AUGUST 12. 1992 SUPERSEDES: MARCH 6, 1992 DOCUMENT: 10-2844-8 1 . T?TWREDIEHT, O.A.S. NO. PERCENT TRIPOLI (CRYSTALLINE SILICA) 1317-95-9 45. 0 - 55.0 WATER 7732-18-5 15. 0 - 25.0 KEROSENE 8008-20-6 15.0 - 20 .0 STODDARD SOLVENT 8052-41-3 5.0 - 10 .0 SOLVENT-REFINED HEAVY PARAFFINIC PETROLEUM DISTILLATES 44741-88-4 1 .0 - 5.0 OLEIC ACID 112-80-1 1.0 - 5. 0 2, PRTITUAL DATA BOILING POINT, 21Z F VAPOR PRESSURE- N/D VAPOR DENSITY: > 1.00 Air = 1 EVAPORATION RATE: > 1 .00 Ether a 1 SOLUBILITY IN WATER; DILUTABLE SP. GRAVITY= 1.280 Water • 1 PERCENT VOLATILE= 50 VOLATILE ORGANICS. 322.56 s+oa/liter SAOMD Rule 443.1, calculated VOC LESS 1(20 S EXEMPT SOLVENT 430.77 gees/liter SAQMD Rule 443.1. calculated PH, 9.4-9.6 VISCOSITY: 7-12K CPS MELTING POINT N/D APPEARANCE AND ODOR: Li4uith viscous, tan colored, slight pine odor 3. FIRE ANtEXPL,QSION—MAtARD DATA FLASH POINT- 133 F PENSKY-MARTIN CLOSED CUP FLAMMABLE LIMITS - LEL: 1.60 Z FLAMMABLE LIMITS - UEL. 6.00 AUTOIGNITION TEMPERATURE. H/0 ExrINGuISNSNG MEDIA' SPECIAL FIREFIGHTING Phemical, FOMM ROCEDURES: Wear full protective clothing, including helmet, *elf-contained, positive pressure or pressure demand breathing apparatus, bunker coat and pants, bands around arms, waist and less, face mask, and Proteetiv• UNUSUAL FIRE ANDerEXPLOSION exposed areas of the head_ RAISERS: None known. NFPA-HAZARD-CODES: HEALTH 2 FIRE 2 REACTIVITY 0 UNUSUAL REACTION HAZARD: none Abbreviations= N/D - Not Determined N/A - Not Applicable (110 b MATERIAL �tfl COATINGS ANDERESINSAGROUPT 1116 SECTION X - PRODUCT INFORMATION MANUFACTURER'S NAME: PPG INDUSTRIES INC. CODE/IDENTITY ; DSl (102186D) PRODUCT SAFETY LOC.: 260 KAPPA DRIVE TRADE NAME; SCOT FILLER PITTSBURGH, PA 1S238 CHEMICAL FAMILY: POLYOL MODS CONTACT: MANAGER, INDUSTRIAL HYGIENE US-DCT:PAINT RELATED MATERIAL; COMBUSTIBLE LIQUID AND PRODUCT SAFETY DATE OF PREPARATION: 11/10/87 (412) 963.5822 CUSTOMER PART N: 1≤MERGENCY TELEPHONE; (304) 843-1300 SECTION II - INGREDIENTS APPROX. EXPOSURE L I M I TS XWY. LAS MO. ACORN TLV OSHA DEL PPG IPEL MAGNESIUM SILICATE 40 14807-96.6 10.0d1S/M3 NOT EST. 10.00MS/M3 STYRENE 15 100.42-5 50.00PPM 100.OOPPM 50.OOPPM FILM FORMERS, RESINS, AND ADOITIYES 45 PRDPRIETARY NOT E . NOT EST. NOT EST. SECTION III - PHYSICAL/CHEMICAL CHARACTERISTICS BOILING RANGE 1146 DEG.C SOLUBILITY IN WATER; 0.0 X VAPOR PRESSURE: 0.5 mmHg WT/GAL (LSS); 12.98 (U.S.) VAPOR DENSITY : HEAVIER THAN AIR pH: U/1 X VOL/VOLUME 25.60 % SOLID SY WEIGHT: 85.00 EVAP RATE(Bu0Ac■108 : 49 SPECIFIC GRAVITY: 1.56 SECTION IV - FIRE AND EXPLOSION HAZARD DATA US-DOT CATEGORY: FLAM(ABLE PLASNPOINT: 98 DEG. f PMCC FLAMMABLE LIMITS: LEL 1.1 UEL U/I EXTINGUISHING MEDIA( USE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) CLASS I EXTINGUISHERS (CARSON DIOXIDE, DRY CHEMICAL, OR UNIVERSAL AQUEOUS FILM FORMING FOAM) DESIGNED TO EXTINGUISH NFPA CLASS IC FLAMMABLE LIQUID FIRES. UNUSUAL FIRE AND EXPLOSION HAZARDS( KEEP CONTAINERS TIGHTLY CLOSED. ISOLATE FROM HEAT, ELECTRICAL EQUIPMENT, SPARKS, AND OPEN FLAMES. CLOSED CONTAINERS MAY EXPLCOE WHEN EXPOSED TO EXTREME HEAT. DO NOT APPLY OR HOT SURFACES. TOXIC GASES MAY FORM WHEN PRODUCT IS CONTACTED SY FLAME OR NOT SURFACES. SPECIAL EIRE FIGHTING PROCEDURES:. WATER SPRAY MAY SE INEFFECTIVE. WATER SPRAY MAY SE USED TO COOL CLOSED CONTAINERS TO PREVENT PRESSURE BUILD-UP At POSSIBLE AUTOIONITION OR EXPLOSION WHEN EXPOSED TO EXTREME HEAT. IF WATER IS USED, FOG NOZZLES ARE PREFERABLE. FIRE-FIGHTERS SHOULD WEAR SELF CONTAINED BREATHING APPARATUS. SECTION V - REACTIVITY DATA STABILITY: UNSTABLE HAZARDOUS POLYMERIZATION; MAY OCCUR LJCONPAT(RILITY (MATERIALS AND CONDITIONS TO AVOID): AVOID CONTACT WITH STRONG ALKALIES, STRONG MINERAL ACIDS, OR STRONG OXIDIZING AGENTS. THIS PRODUCT CONTAINS MATERIALS WHICH ARE UNSTABLE UNDER NORMAL CONDITIONS. EXPOSURE TO HIGH TEMPERATURE ('90 DEGREES F), STRONG UV LIGHT SOURCES, FREE RADICAL INITIATORS, PEROXIDES, STRONG ALKALIES OR REACTIVE METALS COULD CAUSE THESE MATERIALS; TO POLYMERIZE EXOTHERMICALLY. BAZARDCANS DECOMPOSITION PRODUCTS: NAY PRODUCE HAZARDOUS DECOMPOSITION PRODUCTS WHEN HEATED. WELDING, BRAZING, OR FLAME-CUTTING CN SURFACES COATED WITH THIS PRODUCT MAY PRODUCE FUMES INCLUDING: Carbon Monoxide SEc 'ION VI - SPILL OR LEAR PROCEDURES STEPS JO SE TAKEN INCASE MATERIAL LS_RELEAEED OR SPILLEDI PROVIDE MAXIMUM VENTILATION. ONLY PERSONNEL EQUIPPED WITH PROBER RESPIRATORY AND SKIN AND EYE PROTECTION SHOULD BE PERMITTED IN THE AREA, REMOVE ALL SOURCES OF IGNITION. TAKE UP SPILLED MATERIAL WITH SAWDUST, VERMICULITE, OR OTHER ABSORBENT MATERIAL AND PLACE INTO CONTAINERS FOR DISPOSAL. WASH DISPOSAL METHOD: WASTE MATERIAL MUST BE DISPOSED OF IM ACCORDANCE WITH FEDERAL, STATE, AND LOCAL ENVIRONMENTAL CONTROL REGULATIONS. EMPTY CONTAINERS SHOULD NE RECYCLED O DISPOSED OF THROUGH AN APPROVED WASTE LT SECTION VII - HEALTE HAZARD DATA EFFECTS OF OVEREXPOSURE FROM: INGESTION: HARMFUL IF SWALLOWED. EYE CONTACT: CAUSES EYE IRRITATION. SKIM CONTACT: - RAY CAUSE MODERATE SKIN IRRITATION. INHALATION; CONTINUED ON PAGE 2 Tc:: NM nat.: r scir+ISZY. - Oat=AY Sn_I<c D.. •4>.'. .4 NCV 1 ',1:04:a6 Pk; NPPA , HEALTH l t �1��,r �,( �,S�� F1 ASILrr„ . 0 ( REACTIVITY : 0 The Trawl Ewa In latest Care ere»1001 MATERIAL SAFETY DATA SHEET PRODUCT NAME : t.t))-Ili—Tech Wrbh Settles I-GENERAL MANUFACTURED BY t Meguiar's Inc. ; 17991 Mitchell South ; hwinc.CA 92614 : t&:)01854-8073 EMERGENCY PHONE . In case of cmcrgeacy Qv spill.contact C:HflC REC at(8/x))C4—9300 SALES AND CUSTOMER SERVICE ; t714) 752-en'{, DATE PREPARED : 02/00/1,0$ DATE PRINTED 11%mav91 I!Medea II-HAZARDOUS INGREDIENTS CA$NO- OSHA PEL _ILE-- ..flee-_.. ?Mud Surfactants 8031-3ti-7 140 limit No limit 1-5 26545.$3-9 No limit No limit 1-5 !aryl Ether Sulfate 68585-34-2 No Hmir No limit 5-10 Cocamido Propyl Setame 61789-1'?-+? No limit No limit 5-10 Coaxrst Diethanolamldc 61790-63-S No limit No limit 1-5 DiathaoolrutS 11112-2 3 ppni 13 ppm D3 Ma Conditioners TS No limit No limit 0.5-2 See Sedicn VIII for°that infortmtien. TS a Trade Scerot in4red&nt as pa 29 CFR Sacrian 1910,1200. I Suwon III-PHYSICAL DATA BOILING I MELTING PT : 212 P SPECIFIC GRAVITY : 1.(4 VAPOR PRESSURE 470°F : N/A %VOC's 470°F N/A VAPOR DENSITY (Air=1) : N/A EVAPORATION RATE : Water PH 8.so SOLUBILITY IN WATER : Sotubk in all proportions APPEARANCE&ODOR : Slight ydlaw lipid with detexgmr odor- Seethe IV-FIRE AND EXPLOSION DATA FLASH PT(PMCC-ASTM DSlB0) : None LEL ; N/A LEL : N/A EXTINGUISHING MEDIA 1 Will not suPPtatc combuck'n. SPECIAL FIRE FIGHTING PROCEDURE/OR HAZARDS : Self cxmia on Meath/rig apparatus. Adis k I -oOA OCT "Dr 93(FRI1 1410 CUI BTN ST TEL S01 '32 7851 P. 02 al eggisswit 1.4.074 4 so pv,« a MIDI No. 00147.trad Win Da UM enactal oil NOV York, zoo. Coastal States Crude OatluringCo. Coastal New knglaai, Inc. Coastal States Trading, Inc. Coastal Fuels Marketing, Inc. Coastal unilubs, Inc. Coastal Mobile Pafining Company Cesool harms Corporation Coastal Darby Refining Company Cosool Petroleum Corporation Coastal gaols Point Oil Company Pacific nelising Cespany Coastal Wart, Ina. Waste= rust Oil Coamsppany Coastal Manning a Narksting, Ina. Coastal Pool Torsinals, Inc. Address: 1 ireenway Plana Noaton, TX 77041 Info Pboaa: (712) 177-1400 saargutdy Phone: (712) 177-1400 WIDISLintegnanfill Trade Wass: Onipro Power Clean Data Revised: 04-13-93 Synonyms: Mate uriame u9Ptitt "P/it. Aar; wr'P+r.(0r Product Description' A htsrgsnt renal, containing sodium setasiliaate builders, glycol, and water.. Formula: M.A. Shipping Intonation: W.A. COCBULEUSMI Ooeupational iineeura 7.searrw OSSA Ao42* ILMBAU. CAL Mosher ni nil fly Other routs tlnipro Power Mirtur. 100 W.A. W.A. W.A. Clean Ingredients: - Watar 7732-11-5 74-a3 N.A. N.A. N.A. Alcohol attb alat a)a 34301+01-1 4-6 N.A. W.A. N.A. (non-ionic detergent) Bedlam meta.ilicate 6134-92-0 6-1 M.A. M.A. N.A. pentS a s ata (water oftener) 60-00-4 1-2 N.A. N.A. N.A. cobra (anionic detergent) 27176-17.0 .9-2 N.A. W.A. N.A. • • $-Hr. TWA ualas otberviea upsaitied +4 - Mona WA (wpm) N.A.. Net Available/Non-Applicable i9itit'd1/41\ al irk (1-- #40 MATERIAL SAFETY DATA SHEET IV COATINGS AND RESINS GROUP411. SECTION I - PRODUCT INFORMATION -`� MANUFACTURER'S NAME: PPG 1FIDUSTRIES INC. CORE/IDENTITY ; DRX2 S (120586D) PRODUCT SAFETY LOC.: 260 KAPPA DRIVE TRADE NAME: POLISHING COMPOUND PITTSBURON, PA 15236 CHENICAL FAMILY: HYDROCARBON RESIN NSOS CONTACT; MANAGER, INDUSTRIAL HYGIENE US-DOT:PAINT RELATED MATERIAL; COMBUSTIBLE LIOUID AND PRODUCT SAFETY DATE OF PREPARATION: 11/09/87 (412) 943.5822 CUSTOMER PART N: EMERGENCY TELEPHONE: C304) 843.1300 SECTION IX - INGREDIENTS APPROI. EXPOSURE LIMITS %IT. CAS N0. ROOM TLV OSHA PEL PPG IPEL SILICA, AMORPNOUS•DIATCYACEOUS EARTH 55 68855-54-9 .05MB/M3 .07M9/M3 .05MR/M3 HYDRODESULFURI2EO KEROSINE 35 MOT EST. NOT EST. NOT EST. NOT EST. FILM FORMERS, RESINS, AND ADDITIVES 10 PROPRIETARY NOT EST. MOT EST. NOT EST. THE FOLLOWING MAZARDGUS MATERIALS ARE COMPONENTS OF ONE OR MORE OF THE ABOVE INGREDIENTS. QUARTZ 15 14808.60.7 .10NB/M3 .10MS/M3 .10Nq/M3 SILICA,CRYETALLINE-CRISTOIALITE 35 14464-46-1 0.05M9/M3 .OSMR/M3 0.05MB/M3 SECTION III - PHYSICAL/CHEMICAL CHARACTERISTICS BOILING RANGE : 171 ' 286 DEG.C SOLUBILITY IN WATER: 0.0 % VAPOR PRESSURE: 0.4 RNNtg VT/GAL (LDS): 10.81 (U.S.) VAPOR DENSITY : HEAVIER TSAR AIR pH: U/I % VOL/VOLUME : 54.00 % SOLID BY WEIGHT: 66.67 EVAP RATE(BuOAe=1O0): 2 SPECIFIC GRAVITY: 1.30 SECTION IV — WIRE AND EXPLOSION HAZARD DATA US-DOT CATEGORY: CCNBUSTIBLE FLASHPoINT: 195 DEG. F PMCC FLAMMABLE LIMITS! LEI 0.6 UEL U/I EXIJNoutsHING MEDIA: USE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) CLASS 8 EXTINGUSIHERS (CARBON DIOXIDE, DRY CHEMICAL, OR UNIVERSAL AQUEOUS FILM FORMING FOAM) DESIGNED TO EXTINGUISH NFPA CLASS ILIA COMBUSTIBLE LIQUID FIRES. UNUSUAL FIRE Ada EXPLOSION HAZARDS: KEEP CONTAINERS TIGHTLY CLOSED. ISOLATE FROM HEAT, ELECTRICAL EQUIPMENT, '.SPARKS, AND OPEN FLAMES. CLOSED CONTAINERS MAY EXPLCOE WHEN EXPOSED TO EXTREME HEAT. DO NOT APPLY ON HOT SURFACES. TOXIC GASES MAY FORM AMER PRODUCT IS CONTACTED BY FLAME OR NOT SURFACES. SPECIAL FIRE FIGHTING PROCEORES: WATER SPRAY MAY SE INEFFECTIVE. WATER SPRAY NAY BE USED TO COOL CLOSED CONTAINERS TO PREVENT PRESSURE BUILD-UP AND POSSIBLE AUTOIGNITION OR EXPLOSION WHEN EXPOSED TO EXTREME HEAT. IF WATER IS USED, FOB NOZZLES ARE PREFERABLE. FIRE-FIGHTERS SHOULD WEAR SELF CONTAINED BREATHING APPARATUS. SECTION V - REACTIVITY DATA STABILITY: STABLE )if,'ZARDOUS POLYMERIZATION: NOT EXPECTED TO OCCUR JNCGMPAEJOILITY (MATERIALS AND CONDITIONS TO AVOID): AVOID CONTACT WITH STRONG ALKALIES, STRONG MINERAL ACIDS, ON STRONG OXIDIZING AGENTS, HAZARDOUS DECOMPOSITION PRCOUCTS: MAY PRODUCE HAZARDOUS DECOMPOSITION PRODUCTS WHEN HEATED. WELDING, BRAZING, OR FLAME-CUTTING ON SURFACES COATED WITH THIS PRODUCT MAY PROOICE FUMES INCLUDING: Carron Monoxide SECTION VI - SPILL OR LEA' PROCEDURES STEPS TO BE TAKES IN CAS MATERIAL IS RELEA(ED O1 SPILLED: PROVIDE MAXIMUM VENTILATION. ONLY PERSONNEL EQUIPPED WITH PROPER RESPIRATORY AND SKIN AND EYE PROTECTION SHOULD BE PERMITTED IN THE AREA. REMOVE ALL SOURCES Of IGNITION, TAKE UP SPILLED MATERIAL WITH SANDLOT, VERMICULITE, OR OTHER ABSORBENT MATERIAL AND PLACE INTO CONTAINERS FOR DISPOSAL. WASTE DISPOSAL METHOD: WASTE MATERIAL MUST BE DISPOSED OF IN ACCORDANCE WITH FEDERAL, STATE, AND LOCAL ENVIRONMENTAL CONTROL REGULATIONS. EMPTY CONTAINERS SHOULD SE RECYCLED OR DISPOSED OF THROUGH AN APPROVED WASTE MANAGEMENT FACILTY. SECTION VII - HEALTH HAZARD DATA EFFECTS OF OVEREXPOSURE FROM: INGESTION: HARMFUL OR FATAL IF SWALLOWED. EYE CONTACT: CAUSES SEVERE EYE IRRITATION. SKIN CONTACT: CAUSES PRIMARY SKIM IRRITATION. MAY RE ABSORBED THROUGH INC SKIN. INHALATION: VAPOR AND SPRAY MIST MAY SE HARMFUL IF INHALED. CONTINUED ON PAGE 2 To'. 9703533231 From PPG FaxBack 1-15-99 2:48pm p. 2 of 3 MATERIAL SAFETY DATA SHEET COATINGS AND RESINS GROUP PPG Industries, Inc. 07 R- 2 eglr;l mT EST10 R. 1 44/14 CT 05'83 i51.6L%T' i+'«°1= ^ Trd rn,].amgji.� OS R- 0 1 mgnq NOT ESTeA R• O 1 x41 I2 Mr Ei'.w M OCT SSTS NOT£5110 C (SIM M. ;,1.1 PRODUCTCODEADVITT•: 'its-ESE 10 NOT 8549 NOT E5546 NOT UST* NOT r'.'�+x REUNION OAT!: W/19104 room W l l 11 10 59/a2 1111 F51Ae I. a etyma Wit :t:aP 12 NOT(5615 CI(STAB NOT ESTM Mr,''It CUSTOMER PANT•MAMP PRODUCT TAADE MAMF: Itahm moan IC-Caller;Lmit;S Potential Skin AMOK:bo:R Respirable Dust)(NOT E5TAB . NOT ESTABLISHED •NOT APPLICABLE] CHEMICAL FAMILY: Aetna elSIROENCY MEDICALUBPR1 INFO: 1104,ea2.1300(US' 9ba00002Ts 1MESCOI PRODUCT STATUS RELATIVE TO THE U.S.EPA TOXIC SUBSTANCES TECHNICAL INFORMATION: I44016T2.2040 PRODUCT WETY/MIOS wr011MATlONI .Bas mamma ONYE,Pa.KM• I.nNTRIII Ac-r AU21 la-ISSe PA IIIOI 14121 02.5555 All chemical substation in this product ars Iltted an the U.S TSCA - DATE OP MODS PR(PARATION: OLMme Inventory ar are Otherwls•eastnpt from TSCA IOVentary repa'Iing kiltENIIMPARIMi Nmr..eme xmN tree nom tees woos.news.nd aawww.er Nnnl^^thin.ewe*.",10,. TOOUiromanta. y[6 a Arts.M p1.Dote Yuan an n Wed Rene.IM_M.Y ML+W NMr gyms*of semen some ANN. w es..4411.....u.k,,....pr.. n.,n.m1n..•woes.May cause newels e...neon..Char purer*OF OVEREXPOSURE PROM tan eve Oilmen Mee e4 SHAM throw in.an.leper MWb tans mils may be NanAW N Solon aIAgESTIDN:WrmIW if*wallowed.Wanithate.eve..nem amine's THIS MATERIAL SAFETY DATA SHEET 4AS SEEN PREPARED IN ACCOMDANC! •EYE CONTACT:Cauca saver*eve nntetiON. WITH THE OSHA HAZARD COMMUNICATION STANDARD 129 CFA 1910.12001,THE 'ERIN CONTACT:May:..e mope.T,skin lnletion.Met ee aw.reee ire puu,int.:.., SUPPLIER NOTIy1CATpry REQUIREMENTS OF SARA TITLE III,SECTION 713.AND .INHALATION.vapor melee spray Mtn may 8e rtwmryl rl renal,.Yam itrn.ve.roil . OTHER APPLICABLE RIGHT-TO-KNOW REGULATIONS, now,end doom ft AemJ exposure to high auk./.i.+nn .wl vapor l:wn.nl..oan net au.Me raapuatay tyalwll and IMrmanMl Main and neNaue*vital,San:Im'. • __..» .CNRQNIC OVEREXPOSURE:Arw0lpNp Item MO repNlp contact.Th..yr.N1n1,er.l oils eET H+ZAmW51Nr.REOI[N: P[4tLx1 OAS MaN[R CARCINOGEN* wyMMline.silica which has omen newXw as a human carcinogen et r ARC Iunien, a Ol [her BENZENE 1 • '•5 100141 awrea po may also lied 10 a d1ss01g 4 10 Iw1 11;10441 50pw8 a aecawl.TN 1 •depeni'' 02 N(T/YL ;N MMOOACTON[ I • RS 110.44-0 on the duration and level of emanate to duel flan sanding aortal,.or mist i mnn!%pray O2 ivONPHyf.•SILT:A '5 112926.00-8 applications.Use of•pproprlaw personal protective equipment ena/o1'Hankering call',..15 ea N-RITYL ACCTAT; i '•10 12306.+ should be employed whenever the type*of oparetiana ere Ming performaf This 05 AYLENE5 ID-•20 1030-ZO.T oreduet conning Mina.,dioxide.Animals'NINON;mesene Went nn of Meri.urh a..rxd+ 06 TITANIUM 0108:DE ID- •20 134WAb 7 Mal M e lag4wm study osvelped lung remote.SWalp with',omens ewwVeO In 07 TALC 10, •2C 14007.96.6 menufawwe et mN pigment indicate no ccrsued era of anon nom A•noc/i POMrn..I eg pyMil 0.1 •i 14530-50-7 1 x 0 fur innaln M iar of miun dieude duels from coati is yew 4rmw limuled.Since avwu--1 09 AIM0O,11 -/5 21645.51.2 10 mow-tr.N91AI11T08 A !..m !1/42.94. a•nactwi.rnem innn eigliArant nand for Mgt Thin Runlet Runt Rana taw.In II PRIM SULFATE 10-.20 7727-42-7 lifetime i1alatN.*Ode IMPU IRO OaoMM tan elevated reepgbI4 eoncemr alma 15 12 3.2.4.T41T(TNYt MINDER( 1 -•5 9563.0 .Oman the Pe mesible EApuoe Limn)of cornett weds talc developed lyre c,.cer, rn 'Grcinogme'.D-OSHA,A.ACGIH;Na NTP: =U.RC dam.noU.S.rpulalay'04Ptynee dimmed INC ea l CwalnOgen 04450 m mn data Eprylben,ene ha ban rpwted by NW to cause caner in'secretory armlets IM'owing. SARA TITLE NI L CEPCLA CLASSIFICATIONS Chronic a year,inrierapon ampaekee.0044 Iwo%ou Is.250 end 750 pan yew.4150. ^AM 111017 with mermen',rot carars,pantdty Ian'in the kidney.of rats and to umo pod five.vi REV 5814 II!40 :LMS: 9448 700 Tog (1591 CAM 317 M CH It PR RE mice x1750 Pon.The We Ubterved Wed Lwel(NUELI woo I5 pan 1 h.alavance It mega Findings t0 Amnon IS unOlRMn.aA M0f0aMt4 2Peovard*nOVI.1 be impaired t 01 1000 TOT FS-A5 reduce a eliminate 11 4.1 On exposure is nhylbwwan. 02 NOT 5 CO-14T$5 NOTND 574 a SIGNS A SYMPTOMS OF OVEREXPOSURE:Eye w.lan dng,hn. a h n..s.taint! Oa NOT C:-40 NOT N 04 5000 NOD f5-60 dizziness.and loo et eoadlnition me irdiOMiMe OH tawant Ie.als era inn high p'. 10G NOT 55"42 v' intenllona milt=ON dageralaY aom4nlmhna oM'nhling the ovnienle,:al'an harmr4. " CO NOT[5145 NOT ES',. fatal.Redness,itching,owning sensation and visual dietu,OIKe..Rey inmate•.145500 0 'Cr EST,. ear CS-4.1 pe 00515401.DNnul.hefting.Mottos.0✓nino.1401114.and swpen;of coalitions OS NOT(WS NOT 19'13 W400111140 wil u0HNye*Nn cMM. 10 NOT E$TM NOT(S-4e 10 NOT E51 45 NOT I5-40 MEDICAL CONDITIONS AGGRAVATED ET EXPOSURE:Not .aimormb . 11 or(5TM Cr ES"A2 12 or 1^.Teri Nit I;M WARNING: this product contains a chemical known to the State of SARA 311,312 CATEGORIES POP TH15 PRODUCT:ACUTE ,CH OMC.V. California to cause cancer. FLAMMABIUTY a V.PRESSURE.-N,REACTIVITY.N ' YIOME4:, -IMasr('AED.iEEAWRESI .INOESTON:II Iwwlowp,de net induce vwnilma Gewly wipe oh,loon,mouth hi OCCUPATIONAL EXPOSURE LIMITS HAVE BEEN ESTABLISHED FOR THE rMovs any regldiW meteriol. •rye CONTACT.In rase of nye contact.remove contact!Greta Dna 11115'rim,,,,,I,,,,,I41.1?nnerv ^'t FOLLOWING MATERIALS: lOGIN U.5 054M with a gentle attests el tub warm WSW fop It Nast 15 minute' REF TL'/.t.1 TLV t-I, OR•to e(7..5T(L •SKIN CONTACT,IN eats 0 SNn C0011011.Push ImmedletPIV with pro,'at co,lo. h .... ...... ... .... Heat 15 minwas followed by wearing with sap and tree. 01 10D ern 025 0011 100 8001 125 000 •INHALATIQN:i14ee0led by Iiyrwatnn of YAW or So4y mitt, snout'er Pear,rk Aup, 02 50 0l, NOT(STAR 100 0p^ NOT(5185. MOficWA reseiration and awe wan measures se.FWreo 03 II k;/poi 'CT!STAN a NOW NOT(STAB. 01HP eR,if b r nvnraa' 07 14EL 0.A >.4,n, :rv,L ,ILL N31 7.11430, gnarl,.any per n pewee w avmmane al pve.nenw.n n«,y.o..,n 04 IRO en 100 nnm 1+4 pa :00 op, Of lellewinn the um al this 0100401,Chan a Oaten Contra Center.Iris,gent nmm err 05 100 40e ISO tom 100 pm 150 one Physician immeO.INy:rove Mavoal Sallow Der*Sheet'niennet m.v...100. 06 10 edit Kr 151941 In. w3 POI E51443 g2 Menu*actor's'end Supli.a by: REFINISH PRODUCTS 19599 PROGRESS DRIVESTgONGSVILLE,OH 44136 To: 9703533231 From: PPG FatBack 1-15-99 2:48pm p. 3 of 3 Plvduct Code: K36 RevisnrE 02/19/98, PreNerol:Ob/14198, Peg* 2 tIarnart7MintM1!Meting K04 yet •FLASNPONNT:71 Degrees PI 2A Depees CI IPEN5cv.MARTENS CLOSED CUP1 . AMMAPLE UNITS:Lower explosion limit b ELT 1.3 lltft T11 Z• rotor 2 iL •Ugor Ragmen limit tLieU:Nat APRONfLMM01lItt 3 FIARMSRITY 3 •E%TINGUISnNG MEDIA:Use NatronaAre Pram (N eon Anoctenon EPA)One 0 REACTIVITY 0 INSTABILITY p srugui.ners(carbon Bongs,dry°basin.a utevrief phase tlM taming fare Rating Systm:0-MRvmel 1'MOM,2=Madefne.3•Smote.4•Severe,••Chronic deared to nanguiui NFPA Clan IC nemmsbe hard fen [Roan, •UNUSUAL ARE ANSI p(PLQSIQN HAZARDS:Zap IMe aabrt vary rani Net.WPM, 104 hAnBRISI 01 INC Meads mamma an M al Ma Internal An the MSOS 0 wasSMc Mme,and other sources or ignition lint,pilot Inds,electric mown,slack elarei 1. at specific work environments and content of use. llwls the rider,Can Mora lb;.Name nl ignition zed nab bra.Do real woke WNW TI IIS IS THE END OF THE MSDS FOR:K38 100115468.001 Kit using tad rocket.keep eenlrnere tigM1y cleared when not in on.CIoad conhelnen mey esplpe when ewyonied.Oo nat apply to hot eurreen.Tanis eases mn lam awn lit Product vanes In contact with esirerne Mat. •5PEDiAL FIRE FIGHTING PROCEDuRln%Wafer sorer May be inefleetiye.Water spay inn he Ian to coal anon amebae in przvrnt pressure stillup and P046,04 eNlrgron of lanolin when espoie to entreme leo.It MAIM la AN.fug nozzles are orelrsele.Fir:ngnten than weer self.pmMnec aeetNnn eirier,e end FA apleotsa doming. *STEPS TO BE TAKEN IN CASE MATIRIAI 19 RELEASED OR SPILLED:Provide maximum venMrtnn.Only paaoalr equipped with poor relairetay,win.and eye aot«tian Maid be penmen hi dre see.Raneve lel{Oren of,pinion.Tan up soiled manna with said.vermiculite.or other noncombustible ebaabml meterlel and°Imo In dean. amply c0nI.W NS tot diseoel.Only the pimp materiel on the•beaten mild be planed In IN.apNeiner. •WASTE DISPOSAL METHOD:Won material must be depend of in aecaonce with toderM.Mae.provincial,and local environmental control reoulmpne.Empty containers mould be recycled a disposed of through an approved onto manep0mam'May. • •HANDLING ANC,STORAGE PRECASRpNR Do not store above 120 degrees FA. Agrees C.1.Snore loge Manatee In geldings aevoned end Protected for stale*of NAPA Close IC NMnmebls Squids. •OTHER PRECAUTIONS:Vegas may Caine in ow erns.if as material a pan Or e multiple component cyster%reed Me Melon Safely vas',Matta,it,the poet CanOOnsnt a Cmpplente before blending as IM resetting'NAM*may have the hazards of ell el its parts.Cantons Mould be grounded when pouring.Avoid tree tell of Nauida rn WWI Of I few inert. • PERSONAL PROTECTIVE EQUIPMENT FOR: •EYE PROTECTION'Wes chr dcsl.rype MINN SMARM of Ial ton rad when pgstMty coins for en contact due to epuNdng or spraying liquid.aflame particles,or vapors. •Sim PROTECTION:Wee p0tepive caring to present all Murat.Apron and pores aodd be cowmen'of:neoprene rubber of nilrilt rubbo.Iva saris PanaVONdepadeaen 1NINg have bon done on protective Clofring fa this dodo. Recommendations for skin prar0On se based on inlredueM contact with tits apyp, For Nequwt anise,or bid nmmwaion,contact o monufaelure,of INot5M*naming for a titcllna du.rrte'Impel/100a ewlpmenl. •RESPIRATOATERDTECTION:Dvwenpaewe to vapors may b prevented by mowing Pena ventilation contras.vapor axonal,or seen M entry.A NOSH-approved sir retrying re•pfaa wish Me apiarists anion catnaps or a peltM'ae.NMs, Snappier respirator may as re ce Salad need Ile morel men Intww s Weucdne end Merino carefully to deWmue he Woe or elrbpme oon,MMnptl gMMt wNUL Om rapers*is elfecla,its IMltanbry,and now 1t NI a be pperly Mad Meg used. 'OTHER EQUIPMENT:Clean Cp1MVneted nothing and sope's. VENTILATION REQUIREMENTS:Provide geared dnutlon Of Meal!MUM ventilation in ward NO paten,o erp IM caneennNM,n of mpNenry lilted in Pecan 2 below the lariat suggested tango omits,MM LEL below lie slued Omit.end to rgmoye rlenr prami 11wowed,,Aril wehMW w flans cueing. IFOWNULA VALUES,NOT fa SPECWICATIONSI 901LING RANGE:172.4010egrees F SOLUBILITY IN WATER,.3 el VAPOR PRESSURE:7.4 mmHg WEIGHT/GALLON(LISP 12.031U.Ss VAPOR DENSITY:Heavier Inn sir pH:Not applicable %VDLATILE,VOLUME:SS 990 %SOLIDS ay vybltHT:15.15 SPECIPIC GRAVITY:1.504 EVAPORATION RATRRuQAO-1001,75 ' ODOR/APPEARANCE.Viscous mpg with en odor chsocters's of the saloons doted In Ssofnn 2. LREFiIULEIp:4TAEIUTYAIQ'1�83TREEY9 • •TN.ordure n norm;Ny ono end will at whores omerdas reactions. •secQMPATIEWTY IMATWIIALE AND CONDITIONS TG Amid), Avnul cnr,lw.I wen. Mane rata strong m inrel acids.or seeing°Salina Berns. •HAZAROOUI DECOMPDIIITIQN PRODUCTS:May Tara Me following hazardous Moanppation Orodur•won etpep to now*;see carbon met maids:carbon dioxide:silicon oxides:asides of Mamma".Gans or berium:oxides of sulfur:lows manes weight polymer I,eafian,!Were rot includes.trial is not Weed to,flame cutting,bracing.no welding. weydoue MMMMF MOWlesllon Syrm IHMISI end Milienel Fire ProteCtioh Association NNW Ranee: S , Manufactured and Supplied Or: REFINISH PRODUCTS 15699 PROGRESS DRIVE STPONGSVILLE, OH 44136 {4H FINISHING PROD 301871%34J )).U1 SliNOV-04-199e )=�c Jt Pa3e I (Or- )r- 5f° Y S CHEMICAL i PLASTICS Pot CI►rmial Rrn«Ρrgoo lI An 4k o Iattueits Caeysny CF(E&1T1lCC: 140042I-000 Malaillot 600 Novi Drive SE OH 44646 CANUTBC: 1413-9964666 PH 3304304000-MX 3304304005 (For Ganda ail collez0 leas IneemnIMPIlia .monies. SECTION I-IDENTiICATION OF PRODUCT 401.1.110k someloom. PRODUCT HAM: ICING PRODUCT C0M 26014.26004.MOE.26003 SY1r014t'M/C7[OSS ATITHItnsCS. ppw*bioD usha6k PQ&er Fisinutg P1 SCHEDULED NUMiER: 321410.0000-1 �_••••m�•••—r• SECTION U•HAZARDOUS INGREDIENTS -=aismaNi - INGREDIENTS WG2'K. CAS S TLV/PEL Sinn 20-30% 100-i2-S ACga TL1:SD pro STEL 100 PPM OSHA: PEt 100 ppm an 200 ppm Sr_Hoyt Hazard lnforuwdan Nola-fibrous Talc 3040% 1407,%4 ACO1H.TWA 1 mVr"3 OSIiA: TLY 30 rapper Glis Beads 1-10% 50%[537-7 .&CGIH:TWA 10 mg/m3 Titanium Piocdc 1-10% 1345367.7 *CGER:by 10 m /m3 OSHA. TWA t3 m%row pYa��11ORNiC SECTION III•PHYSICAL DATA -- APPEAR/4Na OftWhite Smooth Print SPECIFIC GRAVlYY: L15 VAPOR PRESSURE(mmfG): $'Ar DOMING PONT: Wine VAPOR DENTISTY: >1 await1MS RAYS(Eno tsar•1): S[o*ar that Ethyl Ether voLATILES BY VOLUME: 20.30% SOLUsfL[TY IN WATER: None VOC: Gnrm/Litge'• 2%1 Len trews Otan<at[.itre_2.2 Unconsumed VOC upoa eurin1 StEpheni C.WEmjs ai 110 EkvEnhh AVENUE SAFE 101 PrEsidENt ,3 GrEEIE'.CO $Q691 WERNSMAN ENGINEERING. INC. <910> 353'1163 F6X<910> 35 '9151 DESIGN OF REPLACEMENT SEWAGE DISPOSAL SYSTEM for i( CLIFF DYER COMMERCIAL BUIL NG 6310 West 10th Street Greeley, Colorado December 24 . 1998 Pro) t No . 98-1 4-02 INTRODUCTION The property fronts on the South side of West 10th Street . Greeley, Weld County. Colorado . The property is not currently in the Greeley City Limits . The property has two commercial buildings , each with its own existing septic tank & leach field system (xP site plan) . The subject of this study is the largest building ( south? . A previous report dated October 2 , 1998 , was prepared by this office for the subject existing system. That report was based on information that was available at the time , and on visual surface observations . Since then, more information has been gathered and further observations have been made . I understand that a permit was issued for this system, but there is no record of a final inspection. In the summer of 1998 a discharge of water was observed in the drainage system which was tested by Health Dept . personnel and determined to be sewage discharge . Since then , a drain line was cut and plugged to stop the discharge and a storm drain line over the leach field was removed ( see site plan) . No further discharge from the site has been observed . The northwest corner of the existing leach field has been uncovered and observed by myself . Also , the existing distrubition box cover has been removed and observed by myself . These observations showed that the leach field is inundated , with the level above the distribution box. No surface water has been observed . Based on these observations , I believe the leach field is no longer percolating fast enough to handle the load from the building . This high level is the apparent source of previous discharge through the "pit" and into the storm drain system. The stubbed-out storm drain line entering the "pit" from the south-east provided a passage for the sewer water to enter the "pit." when the level reached the height of the stubbed-out line , which was above the leach field . The stubbed-out line has since been removed . The purpose of this study is to design a replacement septic system for the subject building . The proposed replacement system will consist of a new septic tank and new gravelless chamber type absorption bed . We propose to utilize the existing septic tank as a sand trap for the floor drains only, and the existing leach field for disposal of the floor drain water only ( see site plan) . The subject building is used for Office / Warehouse / Shop businesses with no industrial water use . The anticipated average sewage flow is based on Day Workers at Offices at a rate of 15 gallons / person / 67 gip; day. Currently there are approximately 10 workers in the building . The maximum anticipated number of workers in the building is 20 . A -' trailer is located north of the building . The trailer has a sewer holding tank. A sewer drop has been installed from the trailer to the ' building service line ( see site plan) . The anticiapted average sewage '1 flow from the trailer is 50 gallons / day. page 2 According to Health Dept . records , a percolation test was conducted by Health Dept . personnel on March 15 , 1983 . The test showed an average percolation rate of 20 . 4 min. per inch . The soil profile indicated on this test showed the soil consisting primarily of silty/ sandy material . No ground water or other limiting zones were indicated . On August 29 , 1998 , five monitoring wells were installed around the septic system area. The holes were drilled approximately 18 feet deep and perforated pipes was installed to a depth of approximately 15 feet ( see site plan) . No ground water or other limiting zones were encountered in these borings . The soil profile encountered in these borings was consistent with the original percolation test profile . No free water has been observed to date in any of the wells . On December 3 , 1998 , a new percolation test was attempted at the proposed site of the replacement percolation field . The test failed because the percolation rate was too fast . Recent excavations and loose backfill in this area are believed to be the cause of the rapid percolation. Therefore , original percolation rate is used in this design, and a new percolation test will be performed after preparation of the filter material and prior to installation of the chamber system. Modifications may be required to the bed size , based on the results of the new percolation test . The source of water for the facility is City of Greeley. LEGAL DESCRIPTION A tract of land in the Northeast quarter of the Northeast quarter of Section 9 , Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado . PERCOLATION RATE The average percolation rate used in the design is 20 .4 min. per inch , as recorded in the original Weld County Health Dept ;iersonnel test . rage 3 FLOW (not including floor drains ) Building average flow = 20 people x 15 gal . /person/day = 300 gal . /day Trailer average flow = 50 gal . /day Total average flow = 300 + , 50 = 350 gal . /day Peak flow = 350 x 150% =(52�.gal . /day 4. SEPTIC TANK Retention time = 30 hours Tank vol . required = 525 x 30 / 24 = 656 gal . minimum. REPLACEMENT ABSORPTION BED Peak Flow = 525 gal . /day '? Li ) . . .'4' , Bed Area Required = 525 x4-271. .7 X 1 . 3 X 0 .5/ / 3 . 5 = 446 sq, ft . Number of chambers required = 440 / 15 . 6 = chambers L-- FLOOR DRAIN FLOW Floor drain use is for routine clean-up activities . The northernmost floor drain is used for periodic car washing associated with car body repair work. No industrial use or full car washing activity is done in the building . The estimated average flow is 50 gallons per day for the drain in the northern building unit and 20 gallons per day for the other two drains . Total average flow =(.40)+ 20 + 20 = 90 gal . /day Peak flow = 90 x 150% = 135 gal . /day It is estimated that the existing leach field percolation rate has decreased to 50 min. per inch . Based on this rate, the required leach field area is : Bed Area Required = 135 x V50 x 1 . 3 / 3 . 5 = 355 sq . ft . Existing bed area is approximately 1200 sq . ft . page 4 CONCLUSIONS I believe that this proposed replacement will provide adequate sewage facilities for the building . Since the existing system is being abandoned as a sewage facility, further investigation and testing should not be necessary. The existing leach field , although no longer adequate as a sewage facility, should be much more than adequate for the floor drains only. MSDS sheets for the products used in the building are included in the Appendix. Also included in the Appendix 42.4 are cost estimates for installation of this replacement system and fo connecting to the City of Greeley sewer system. . SPECIFICATIONS \f 1 . Existing septic tank shall be pumped empty in both compartments . 2 . New septic tank - use 1000 gal . precast concrete tank . 3 . Excavate the area below the proposed replacement absorption bed . Prepare filter material to a depth of 4 ft . min. below the chambers . Filter material and its placement shall be approved by the Engineer . A new percolation test shall be performed by the Engineer after filter material is in place . The percolation bed size shall be adjusted accordingly if necessary as instructed by the Engineer . 4 . Absorption. bed size - 440 sq . ft . (or as adjusted by the Engineer ) " Infiltrator" . Install in conformance with manufacturer ' s recommendations and Weld County Health Department regulations . 5 . All construction shall be in compliance with the Weld County Health Department and State regulations . 6 . Any deviations from the specifications shall be approved prior to construction by Wernsman Engineering , Inc . 7 . The system shall be inspected by Wernsman Engineering , Inc . during critical parts of construction. If it is discovered that the existing sewer lines are too deep for gravity flow to the new system, then a lift station will be installed per the Engineer ' s recommendations . 4. Provide positive surface drainage over the system by sloping the finish grade . S . Trees or shrubs should not be planted in the general area of the system. 10 . The system installer shall provide as-built plans for the system to the Owner , Enginer and Weld County Health Department . APPENDIX COST ESTIMATE FOR SEPTIC SYSTEM r""" (Material , equipment , " 1 Earthwork '00 . 00 ( 1 ) new 1000 cal . septic tan 10 . 00 ( 30) Inflitrators 0 . 00 Distribution Box & Pipe LOO Miscellaneous , 00 Total . . 30 COST ESTIMATE FOR CONNECTING TO CITY OF GREELEY SEWER (Material , equipment , labor & profit) Sewer Development Fee (for recently installed new sewer line in West 10th St . ) $ 6600 . 00 Sewer Investment Fee $ 1288. 00 Sewer Tap Fee $ 165 . 00 New Sewer Line $ 2000 . 00 Total $10 . 053 . 00 Note: This amount represents the costs for sewer connection only for one building . If one building is connected for sewer , the GaleCity may require both buildings to connect for sewer and some additional water service improvements . The total costs for sewer 13.4, and water for both buildings would total approximately $23 , 000 . 00 A4e for the known c—mss , and could be more . This amount also does not include usage fees . 6 ��°�(",�(iniAby� � /pe7 1ZkZ-L 1 O� VV2 , Gwwn a Walla CC565 Cc4 clo e ash erv, - tAti Gild Sea dt , Z I .13v C ill y r t, Z I , �Z . I • N 8 \ t4 m, V, , J , I 7 ' t • I. 1 I d. . ►°- *11 w lx x x t •-!r) 000/ M3N\, r 7 x u_ o oh r x x ay x x r. \ N � �NI`1r1.,ild3v�/ �fil —��I� 1� -71— / �—�l ,,,,it o F iii lit' > 8 0 _. w ,4 ��' 2 iIi gym ; / . 3- Qlz_ � Mz '7,1 aI II_ d iL43 2137WILL I 111 1 Y. ) v 2 L—" ,. r� 1,N04 I vz ,I ''�11 z� I e r---— — —i* L°z � hQ E $ I 'i n Z I L jIIn I I Ig \A- 7 --��t J a Ty - m m nC Z I _ I (I,- 8 x C . I • i w I _ _ h >,� C-10- 2 N liv- • 2 ;ff iI Z 4 • 4 " k ,Ik K lL X 10 x 3 x xI i zit ii �. %► r a K �h ii K x X w � I .... o O . O il„, / pt NNV1.)i1d3S ' / / ,...-\2 �� it 0 / 74- ,,\I_rill--1 1,T r_ o lif r,-.:\ o ill' :: I '-I 1 4' dt14-j: ....; t , I:: r I 2 i � I l w t 1-- I x < ,. K Ni 1 M3#. I L x 7 I • e. A J m ,I.,:;• _____): v 009. 00-49 k)f! �V 3M General Offices 1270 n 3M Center G St. Paul, Minnesota 551441000 812/733.1110 Duns No. : 00-617-3082 MATERIAL SAFETY DATA SHEET 311 DIVISION: AUTOMOTIVE TRADES DIVISION TRADE NAME. 3M brand Super Duty Rubbing Compound P/N 5954. 5955, 5956 ST1 I.D. NUMBER: CN-1006-9455-4 XC-0616-7891-5 60-9800-1132-8 60-9800-1527-9 60-9898-3201-3 ISSUED; AUGUST 12. 1992 SUPERSEDES: MARCH 6, 1992 DOCUMENT: 10-2844-8 1 . INSREDIE,NT C.A,S. N0. PERCENT TRIPOLI (CRYSTALLINE SILICA) 1317-95-9 45.0 - 55-0 WATER 7732-18-5 15.0 - 25.0 KEROSENE 8008-20-6 15.0 - 20.0 STODDARD SOLVENT 8052-41-3 5.0 - 10 -0 SOLVENT-REFINED HEAVY PARAFFINIC PETROLEUM DISTILLATES 64741-8a-4 1.0 - 5.0 OLEIC ACID 112-80-1 1.0 - 5 .0 a. PHYSICAL DATA BOILING POINT; 212 F VAPOR PRESSURE- H/D VAPOR DENSITY: > 1.00 Air = 1 EVAPORATION RATE, > 1 .00 Ether • 1 SOLUBILITY IN WATER: DILUTABLE SP. GRAVITY: 1.280 Water • 1 • PERCENT VOLATILE, 50 VOLATILE ORGANICS, 322.56 a•s/liter SAQMD Rule 443.1. calculated VOC LESS NZO & EXEMPT SOLVENT 430.77 gins/liter SAQMD Rule 443.1. calculated pM; 9.4-9.6 VISCOSITY: 7-12K CPS MELTING POINT NJD APPEARANCE AND ODOR; Liquid, viscous, tan colored, slight pine odor FIRE Agfa EXpj.OSIDInA AAD DATA FLASH POINT- 133 F PENSKY-MARTIN CLOSED CUP FLAMMABLE LIMITS - LEL: 1.60 z FLAMMABLE LIMITS - UEL. 6.00 z AUTOIONITION TEMPERATURE' N/0 EXTINGUISHING MEDIA; SPECIAL FIREFIGHTING PROCEDURESFwm Wear full protective clothing, including helmet, self-contained, positive pressure or pressure demand breathing apparatus, bunker coat and pants, bands around arms, waist and legs, face mask. and c covering of the head. UNUSUAL FIRE AND EXPLOSION NAZARDS None known. NFPA-HAZARD-CODES: HEALTH 2 FIRE 2 REACTIVITY 0 UNUSUAL REACTION HAZARD: none Abbreviations' N/D - Not Determined N/A - Not Applicable � ,�° T�a ., D CAThNtk IS►N�DERESIx8A6A00PT SECTION I - PRODUCT MAIHIFACTURER'S NAME; PPO INDUSTR ES ZINC. Ct/IITY DX1 TIOBE (1021860) PRODUCT SAFETY LOC.: 260 KAPPA DRIVE TRADE MANE; BOOM FILLER PITTSBURGN, PA 1S238 CHEMICAL FAMILY: POLYOL REDS CONTACT: MANAGER, INDUSTRIAL HYGIENE US-DOT:PAINT RELATED MATERIAL; ODNMNSTISLE LIQUID AND PRODUCT SAFETY DATE OF PREPARATION: 11/10/87 (412) 963.5822 QATOMIR PART 0! EMERGENCY TELEPHONE: (304) 643-1300 SECTION II - INGREDIENTS APPROX. EXPOSURE LIMITS %VT. CAS MO. ACOIN TLV OSHA PEI PPG IPEL MAGNESIUM SILICATE 40 14807-96-6 10.00MG/M3 NOT EST. 10.00MS/MG STYRENE 15 10042-5 50.00PPM 100.00PPN 50.00►PM FILM FORMERS, RESINS, ANo ADDITIVES 45 PROPRIETARY NOT EST. NOT EST. NOT EST. SECTION III - PHYSICAL/CHEMICAL CHARACTERISTICS BOILING RANGE ! 146 DEG.C SOLUBILITY IN WATER; 0.0 X VAPOR PRESSURE: 0.5 WRNS VT/GAL (LBS)I 12.98 (U.S.) VAPOR DENSITY : HEAVIER THAN AIR pH: U/1 X VOL/VOLUME 25.60 Y SOLID NT WEIGHT: 85.00 EVAP tcwac t0 .SECTION IV - PIRE SPECIFIC EXPLOSII ON RA2ARD DATA US-DOT CATEGORY: FLAMABLE FLASHPOINT: 96 DEG. F MCC FLAMMABLE LIMITS! LEL 1.1 URA U/I EXTINGUISHING MEDIA: USE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) CLASS B EXTINGUISHERS (CARBON DIOXIDE, DRY CHEMICAL, OR UNIVERSAL AMH:OUS FUN FORMING FOAM) DESIGNED TO EXTINGUISH NFPA CLASS IC FLAMMABLE LIQUID FIRES. UNUSUAL FIRE AND EXPLOSION HAZARDS( KEEP CONTAINERS TIGHTLY CLOSED. ISOLATE FRCM HEAT, ELECTRICAL EQUIPMENT, SPARKS, AND OPEN FLAMES. CLOSED CONTAINERS MAY EXPLODE WHEN EXPOSED TO EXTREME HEAT. DO NOT APPLY ON MOT SURFACES. TOXIC GASES MAY FORM WHEN PRODUCT 1S CONTACTED SY FLAME OR HOT SURFACES. SPECIAL FIRE FISHING PROCEDURESt WATER SPRAY MAY SE INEFFECTIVE. WATER SPRAY MAY SE USED TO COOL CLOSED CONTAINERS TO PREVENT PRESSURE BUILD-UP AND POSSIBLE AUTOIONITION OR EXPLOSION WHEN EXPOSED TO EXTREME HEAT. IF WATER IS USED, FOG NOZZLES ARE PREFERABLE. FIRE-FIGHTERS SNOULD REAR SELF CONTAINED BREATHING APPARATUS. SECTION V - REACTIVITY DATA ITASILITY: UNSTABLE NAZARDOUB POLYMERIZATION! MAY OCCUR DNCOMPATIE(LITY (MATERIALS AND COMDIT►ONtTO AVOID): AVOID CONTACT WITS STRONG ALKALIES, STRONG MINERAL. ACIDS, OR STRONG OXIDIZING AGENTS. THIS PRODUCT CONTAINS MATERIALS WHICH ARE UNSTABLE UNDER NORMAL CONDITIONS. EXPOSURE TO HIGH TEMPERATURE (>90 DEGREES F), STRONG UV LIGHT SOURCES, FREE RADICAL INITIATORS, PEROXIDES, STRONG ALKALIES OR REACTIVE METALS COULD CAUSE THESE MATERIALS TO POLYMERIZE EXOTHERMICALLY. IIALA1E9U8 DECOMPOSITION PRODUCTS: NAY PRODUCE KAZMOQIS DECOMPOSITION PRODUCTS WHEN HEATED. WELDING, BRAZING, OR FLAME-CUTTING oh SURFACES COATED WITH THIS PRODUCT MAY PRODUCE FUMES INCLUDING! carbon Monoxide SEC'T'ION VI - SPILL OR LEAX PROCEDURES STEPS TO SE TAKEN tM_CASE 5ATERIAj IS RELEASED OR SPILLED! PROVIDE MAXIMUM VENTILATION. ONLY PERSONNEL EQUIPPED WITH PROPER RESPIRATORY AND SKIN AND EYE PROTECTION SHOULD BE PERMITTED IN THE AREA. REMOVE ALL SCRCES OF IGNITION. TAKE UP SPILLED MATERIAL WITH SAIAUST, VERMICULITE, OR OTHER ABSORBENT MATERIAL AND PLACE INTO CONTAINERS FOR DISPOSAL. WASTE DISPOSAL_METHOD: WASTE MATERIAL MUST CE DISPOSED OF IN ACQXmANCE WITH FEDERAL, STATE, AND LOCAL ENVIRONMENTAL CONTROL REGULATIONS. EMPTY CONTAINERS SHOULD BE RECYCLED OR DISPOSED OF THROUGH AN SECTION VIIM- REALEMENT THL�H.AZARD DATA EFFECTS OF OVEREXPOSURE FROM: INGESTION: HARMFUL IF SWALLOWED. EYE CONTACT: CAUSES EYE IRRITATION. SKIN CONTACT: MAY CAUSE MODERATE SKIN IRRITATION. INHALATION: CONTINUED ON PAGE 2 TG: NIES Sroin: MOM= - C4atct4r £.xt'Lec npr.. W‘z1 4 Wcv 1a@s 11:tA:4e: Pl7.: 1 NFPA . • f e \)c HEALTH I t4 8 was a 0140°17� FLAMMABILITY : 0 ' REACTIVITY a T .Trols.I tprlt !.lttfaaa Can Sines ION MATERIAL SAFETY DATA SHEET PRODUCT NAME : Ma]-Ni-Toth Wish tisane 1-GENERAL J MANUFACTURED BY : Meguiar'a Inc. ; 17991 Mitchell South ; heinc CA 92614 : (*30)134-4073 EMERGENCY PHONE . In case of emagnuoy at tpilL contact CHEMTREC at(800)424-9300 SALES AND CUSTOMER SERVICE : 714)752-80C4) DATE PREPARED : 02/06/199$ DATE PRINTED : 11k 4/1991 Sadie IL-HAZARDOUS INGREDIENTS ..-Ii- Mixed Swfnctatct 1051-34.7 No limit No limit 1-5 " " 26545-33-9 No limit No limit 1-5 !amyl Ester Sulfite 61585-34--2 No hmit No limit 5-10 Cccamido Propyl Betame M789-1/1.0 No limit No limit 5-10 Corcoran Dlcthanoltmlde 61790-63-4 No limit No limit I-S Dietltanolautiue 111-42-2 3 ppm 13 ppm 1).3 Max Conditioocts TS No limit No limit 11.5-2 See Section VIII for otba infortoaticm. TS s Trade Secret ingredient as per 29 CFR Section 1910,1200. !Sieben Ill-FIIYSEC AL DATA I BOILING!MELTING PT : 212`F SPECIFIC GRAVITY : IN VAPOR PRESSURE•70°F : N/A %VOC's a 70°F : N/A VAPOR DENSITY(Air a 1) : N/A EVAPORATION RATE : Water pH : 8.511 SOLUBILITY IN WATER : Solubk in all proportions. APPEARANCE&ODOR : Slight yellow liquid with&tcr'g'm odur- I Sinks IV-IBM AND EXPLOSION DATA FLASH PT(PMCC-ASTM DIG-S)) : None LEL : N/A UEL : N/A EXTINGUISHING MEDIA : Will not support comboaidn. SPECIAL FIRE FIGHTING PROCEDURES OR HAZARDS : Self contained breathing apparama. Rq{IIIMs e:16-04A 66X 1 d MATERIAL SAFETY DATA SHEET ir fl COATINGS AND RESINS GROUP �� SECTION I - PRODUCT INFORMATION MARUFACIURER'S NAME: PPG IIBIUSTRIES INC. CODE/IDENTITY ; DRX2 S (1205860) PRODUCT SAFETY LOC.: 260 KAPPA DRIVE TRADE NAME: POLLSHINO COMPOUND PITTSRURGH, PA 15238 CHEMICAL FAMILY: HYDROCARBON RESIN MSDS CONTACT: MANAGER, INDUSTRIAL HYGIENE US-DOT:PAINT RELATED MATERIAL; COMBUSTIBLE LIQUID AND PRODUCT SAFETY DATE OP PREPARATION: 11/09/87 (412) 963-5622 CUSTOMER PART At EMERGENCY TELEPHONE: (304) 843.1300 SECTION II - INGREDIENTS APPROA. EXPOSURE LIMITS WT. CAS NO. ACOIH TLV OSHA PEL PPG IPEL SILICA, AMORONDUS-DIATO(ACEOUS EARTH 55 68855-54-9 .05MB/ALT .07MS/M3 .OSMG/M3 HYDRCOESULFURI2ED KEROSINE 35 NOT EST. NOT EST. NOT EST. NOT EST. FILM FORMERS, RESINS, AND ADDITIVES 10 PROPRIETARY NOT EST. NOT EST. NOT EST. THE FOLLOWING MAZARDWB MATERIALS ARE COMPONENTS OF ONE OR MORE OF THE ABOVE INGREDIENTS- QUARTZ 15 14808.60-7 .10MB/M3 .10MR/M3 .10Mq/M3 SILICA,CRYSTALLINE-CRISTOSALITE 35 14464-46-1 0.05MD/M3 .05MQ/M3 0.05MB/M3 SECTION III - PHYSICAL/CHEMICAL CHARACTERISTICS ROILING RANGE : 171 • 288 DEG.C SOLUBILITY IN WATER: 0.0 % VAPOR PRESSURE: 0.4 =MG WT/GAL (LBS); 10.81 (U.S.) VAPOR DENSITY : HEAVIER THAN AIR pH: U/I % VOL/VOLUME : 54.00 % SOLID RY WEIGHT: 66.67 EVAP RATE(BWAc-100): 2 SPECIFIC GRAVITY; 1.30 SECTION IV - PINE AND EXPLOSION HAZARD DATA US-DOT CATEGORY; COMBUSTIBLE FLASNPOINT: 195 DEG. F PMCC FLAMMABLE LIMITS: LEL 0.6 UEL U/I PYT„IjoQJIENING MEDIA! USE NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) CLASS B EXTINUSINERS (CARBON DIOXIDE, DRY CHEMICAL, OR UNIVERSAL AQUEOUS FILM FORMING FOAM) DESIGNED TO EXTINGUISH NIPA CLASS lIIA COMBUSTIBLE LIQUID FIRES. UNUSUAL FIRE AND EXPLOSION HAZARDS: .,� KEEP CONTAINERS TIGHTLY CLOSED. ISOLATE FROM NEAT, ELECTRICAL EQUIPMENT, SPARKS, AND OPEN FLAMES. CLOSED CONTAINERS MAY EXPLODE WHEN EXPOSED TO EXTREME HEAT. DO NOT APPLY ON HOT SURFACES. TONIC GASES NAY FORM WREN PRODUCT IS CONTACTED BY FLAME OR HOT SURFACES. SPECIAL FIRE FIGHTING PROCEDURES: WATER SPRAY MAY SE INEFFECTIVE. WATER SPRAY MAY Be USED TO COOL CLOSED CONTAINERS TO PREVENT PRESSURE WILD-UP AND POSSIBLE AUTOIGNITION OR EXPLOSION WHEN EXPOSED TO EXTREME NEAT. IF WATER IS USED, FOS NOZZLES ARE PREFERABLE. FIRE-FIGHTERS SHOULD WEAR SELF CONTAINED BREATHING APPARATUS. SECTION V - REACTIVITY DATA STABILITY: STABLE IAAZARDOUS POLYMERIZATION: NOT EXPECTED TO OCCUR JNCOIPATIBILITY (MATERIALS AND CONDITIONS TO AVOID): AVOID CONTACT WITH STRONG ALKALIES, STRONG MINERAL ACIDS, ON STRONG OXIDIZING AGENTS. ,HAZARDOUS DECOMPOSITION PRODUCTS: MAY PRODUCE HAZARDOUS DECORPOSITIO! PRCDUCTS WHEN HEATED. WELDING, BRAZING, OR FLAME-CUTTING ON SURFACES COATED WITH THIS PRODUCT NAY PRODUCE FIRES INCLUDING: CBTLan Monoxide SECTION VI - SPILL OR LEAK PROCEDURES STEPS TO RETAKEN JN CASE MATERIAL IS RELEAJD OR SPILLED: PROVIDE MAXIMUM VENTILATION. ONLY PERSONNEL EQUIPPED 11TH PROPER RESPIRATORY AND SKIN AND EYE PROTECTION SHOULD BE PERMITTED IN THE AREA. REMOVE ALL SOURCES OF IGNITION. TAKE UP SPILLED MATERIAL WITH SAWDUST, VERMICULITE, OR OTHER ABSORBENT MATERIAL AND PLACE INTO CONTAINERS FOR DISPOSAL. WASTE DISPOSAL METHOD: WASTE MATERIAL MUST BE DISPOSED OF IN ACCORDANCE WITH FEDERAL, STATE, AND LOCAL ENVIRONMENTAL CONTROL REGULATIONS. EMPTY CONTAINERS SHOULD BE RECYCLED OR DISPOSED OF THROUGH AN APPROVED WASTE MANAGEMENT FACILTY. SECTION VII - HEALTH HAZARD DATA fFFECTS OF OVEREXPOSURE FROM: INGESTION: HARMFUL OR FATAL IF SWALLOWED. EYE CONTACT: CAUSES SEVERE EYE IRRITATION. SKIN CONTACT: CAUSES PRIMARY SKIN IRRITATION. MAY BE ABSORBED ?RACOON THE SKIN. INHALATION( VAPOR AND SPRAY MIST WAY BE HARMFUL IF INHALED. CONTINUED ON PAGE 2 IA 1 MATERIAL SAFETY DATA SHEET filr ��(,M COATINGS AND RESINS GROUP PPG Industries, Inc. OONTMOL ACT IRDDUDTOOESlMM1f fls AM Al ct.Mk&Substances n en pretax an grad an NM U.S.TSCA taMN►a MIA: 07.12 S MS oe Trent y u.n etMnl.ls.Smartt Fool MCA In Wnton r..Mrn9 QMTOMS%MS 4'MM1. I4 *slow ' rygldlaPNIRS. MtUJLT Illy Isse ACc^44 IMT.Mr6 MACE deaea CHEMICAL FAST. Acne ., •'l CMSOEMET YEDICALr2Ml WO: ISM M)r'YIO Sty r.OTE OP OvERERPOSIORE PROM II•MPM9a.YMGG -'ST II AVMS i sedle d. _ ran.weei aTIEN: IgNHIIu.N FAIT CpRACTy Caries Suet.era SC ... NIOMICT$METVMAea I MSATION. sat Swarm MS..me,Na f •ld1COMACY;A.ar awe lr dtaM OMr.itetlw•.M.nailed hove es set. t.," t 4It •a ls.mt &u' et Tea.stale man en m*,M lewalet a*Met Veen.Ambles elm. 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VAPOR DENTISTY: >1 EVAPORATION RATE(Ethyl Ether a 1): Slow then FiOr1 Ether voLA?1LCS NY VOLUME: 2040% SOLUi1UTY(N WATER: None VOC: Gramn/L,tre• 231 Less exempts Orama/Upe_2.2 Unconsumed VOC upoa sasin3 FROPI : dd -I ,HOES 1I 14T5 LTD PHONE NO. ! iJ+_;5 ; I��; Ue� cLI, »T 1 :4uPN - is Steppe,.,C Werruti eN pg EtawNth AVENUE SuAE 101 Pros dwl Grimy. CO 8001 WERNSMAN ENGINEERING. INC. (970155)-,,63 Fax(m) 555-0,57 December 23 . 1998 Jeffery Stoll . MPH. Director Environmental Protection Services Division Weld County Health Department 1517 16th Avenue Court Greeley. Colorado 80631 Re : Cliff Dyer Commercial Building at 6310 W. 10th St . , Greeley, Colorado Mr . Stoll : I have been working on the design of a replacement sewage system for the referenced project . During the course of my design I have investigated the existing storm drains and have made observations of them. Some modifications have been made since the discharge was discovered , including plugging one storm drain line and removing another . No discharge has been observed since these measures were taken . It is my opinion that the possibility of future recurrence of sewage discharge into the storm drain system has been eliminated . Also , the floor drains have been diverted into a sand trap and french drain system. This system is a temporary remedy and will be removed when the permanent remedial work is done. With these remedies accomplished , I believe that the only water currently entering the storm drains is runoff . My sewage design engineering report for the building sewer should be completed in the near future. It will address the building floor drains as well an sewage from the building and the trailer . Construction of the new system will at no time allow for sewer or floor drain discharge into the storm drain system. If you have any questions please call me . Respectfully, WERNSMA •NFRING, INC. c • s`Sri 17481 Y a,e W1863/4/(51 s4tient 41\t NUF�� Stephen C . Wernsman, P.E. Si +1 Jd C. Yv Er shAaty p EiEVENih AVENUE SUITE 101 Preikle [ ' GrEaky. CO 80b31 WERNSMAN ENGINEERING. INC. <910>353' 1b3 Fax<970> 353'9151 Dec ember 23 . ,14411 Jeffery Stoll . MPH. Director Environmental Protection Services Division Weld County Health Department 1517 16th Avenue Court Greeley. Colorado 80631 Re : Cliff Dyer Commercial Building at 6310 W. 10th St . , Greeley, Colorado Mr . Stoll : I have been working on the design of a replacement sewage system for the referenced project . During the course of my design I have investigated the existing storm drains and have made observations of them. Some modifications have been made since the discharge was discovered , including plugging one storm drain line and removin+3 another . No discharge has been observed since these measures were taken. It is my opinion that the possibility of future recurrence of sewage discharge into the storm drain system has been el l.mir,at.ed . Also . the floor drains have been diverted into a sand trap and french drain system. This system is a temporary remedy and will be removed when the permanent remedial work is done . With these remedies accomplished , I believe that the only water currently entering the storm drains is runoff . My sewage design engineering report for the building sewer should be completed in the near future . It will address the building floor drains as well as sewage from the building and the trailer . Construction of the new system will at no time allow for sewer or floor drain discharge into the storm drain system. If you have any questions please call me . Respectfully , WERNSMA WgERING, INC . on f. 17467 w: :•a .+:x•12 23- NF`oF e•-.9A Stephen C . Wernsman , P.E. *************************************************************************** WELD COUNTY HEALTH DEPARTMENT (970) 353-0635 RECEIPT *************************************************************************** Receipt Number : 98002679 Amount : 315 . 00 12/22 /1998 15 : 54 Payment Method : CHECK Notation : 1389 Init. : RBTJSTILL Owner Name : DYER CLIFFORD R Applicant Name : DYER CLIFFORD Permit No : SP-9800602 Parcel No : 0959 09 100004 1983386 Site Address : 6314 W 10 ST GRE Location: 6310 W 10TH STREET Total Fees : 315 . 00 This Payment 315 . 00 Total ALL Pmts : 315 . 00 Balanc : . 00 **************************************************** ******************** Account Code Description Amount 256041400-4221-400 New Septic Permit 4, . 00 256041400-4221-400 Repair Septic Pe 315 . 00 256041400-4221-400 Vault Permit " � . 00 256041400-4221-400 Site Evalua i miA . 00 256041400-4730-400 Potable WaSamNe` . 00 Description : COMMERCI G C�FFhGsi AND SHOP \. AH Commercial (Y/N) : Y \:.:Resi'denti.al (Y/N) : N Acres : 2 . 00 \ k ` A Number of Persons - . . 40,,A , ZaSe ent Plumbing (Y/N) : Number of Bedroom `�4� Bathrooms-> Full : 3/4 : 1/2 : 6 fl Water Public ( ':4;U, ,k, Utility Name : CITY OF GREELEY Water Private (Y 4 Cistern (Y/N) : Well (Y/N) : Water Permit `•A : NOTICE Applicant acknowledge= receipt of the individual sewage disposal system guide and that the completeness cL this ,eppi i cation i_ conditional upon further mandatory and additional tests and reports as gmy be required by the Weld Co.,nLy ❑sa1L1. Department tr: be made and furnished by the applicant or by the Weld county Health Department for purposes of the oval-un`icn cE the ,I'i tear ios; rind the issuance of the percvt is subiiect to such terms and conditions as donned necessary to insure comp'. _e with rui, s and regulations adopted under article 10, title 25, CRS as amended. The applicant certifies that the proposed system wi not he located within 400 !oe( of a comsunity sewgge system The undersigned hereby certifies I hat all statemetc , node- in..:nrmation and reports submitted herewith end required to be s,,batit Led by the appl cant are, or will be -rprescntee to be , rur and correct .o the best of my knowledge, and belief, and are designed to be relied on by the Weld County Health Debarment it evaluating ring same for purposes of - .,suing the permdt applied for herein- I timber understand that any Ilsif)ction g nn.,r, lr ,n:_at lo,. union result in the denial of the application , revoe.ali-en of any permit g]anted based upon SOid ppiit-ation g . in . gal getimn Irr perms no provided by law. This application expire : one year: from the signature date. O r X Z -2 2-4 E Post-ir Fax Note 7671 Date —_ pages OW PL C LL�r To n V, From Co/Dept. 1 Co. ), (_I r 1_J tL'N NiLC !t Y Phone# 2 Phone �{# !- Fax# �f,s� .2-- (e 1 uZ Fax# .s.5-6, t Post-it'Fax Note 7671 Date ) ,� Ipages J To - (5 From C.t1 -fi �'D,in�.� �' /�l�'iIt Co/Dept Cu (._:• Id C' IL/ rRr. Phone# Phone#35 Ct.35 F x# DEPARTMENT OF HEALTH , Fax# 36_ ��._�_j v3SL' `-i 9'(, 4 1517 16TH AVENUE COURT GREELEY, CO 80631 ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 • COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 December 21, 1998 RE: Discharges into storm drain system Clifford Dyer 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: Cheryl Darnell from our Division, relayed your message to me regarding your request for a letter confirming that you have discontinued discharging effluent from your floor drains to the storm water drainage system. Connie O'Neill, Laboratory Services Supervisor, indicated that during the October 29, 1998 inspection she did observe the line that appeared to connect the floor drains in the building to the storm drainage system being rerouted to a sand trap. However, the staff has not yet received an evaluation of the existing system including these changes. Please be reminded that the Division will need to received a complete evaluation from your engineer detailing the original construction and any modifications to your existing individual sewage disposal system. In addition, the evaluation should address the adequacy of the system to accommodate all effluent sources and take into account any additional pipes or drainage structures within the same property. These requirements were outlined in the Cease and Desist Order which you received on December 2, 1998. Since then you have indicated that you will be replacing the existing system. Either option is acceptable, but requires staff review and approval from the Advisory Board of Health before the matter can be closed. This report is due by January 19, 1999 in order to be heard by the Board of Health at the January 26, 1999 meeting. If you have any questions regarding this matter, please call me. Sincerely, - Jeffrey L. Stoll, MPH Director Cc: Lee Morrison, Assistant Weld County Attorney John Pickle, Health Officer Connie O'Neill, Laboratory Services Supervisor - It t V,, „A (:.'I A.. . �V.., �1�.,-A \U. t( 0 A _V. c. n C ,..-V `)i k h.. r LC ��. L: 1/21j= ( - C�M =‘, . . i �; (\ . C,. G,C 1 _Ul VAL CA. �.( �-CC C'4-- + ''<o __. L .yi_ _ . ,� , _ ,. �w- ,.. /I (-ac{�, C"CC��c-� 1._ CCl -rc.* -LL •-• vvl •--v.-4J, ll C As--Cs- CC= <_\ u, 1. «.L� C' L� C r ] - Y r1`C._ �.-c:d �_ t 111 Lk c. CI x A Following the health officer hearing on Nov. 23, Mr Wernsman contacted our office regarding abandoning the existing system and installing a new one. Both Jeff and I talked with Mr. Wernsman and told him that the department would not be apposed to abandoning the old system however they would still need to follow the process of obtaining a variance from the board of health as was stated in the hearing from the 400 feet to city sewer. Week of 11-30-98 Mr. Wernsman left a message for Laurie about using the existing system for the floor drain waste and specifics for SB2 systems. Laurie ask me to get back with him. I talked with Jeff and Pam and got back with Mr. Wernsman. I told him that the division would not be apposed to using the existing system but that a complete evaluation would need to be done. I explained that to this point we have not been able to actually observe the system(have not seen any part of the leach field other that the pools of water on 11-16-98) but what we have observed (pipes running everywhere) would indicate that the waste may go to other pipes and not be making it to a leach field. Mr. Wernsman stated that he understood and also stated that Mr Dyer wanted to go ahead and install the new leach field. I advised against that and explained that he would be installing a system without a permit and this would violate the orders. Mr Wemsman indicated that he would forward that to Mr. Dyer. I also had Mr. Wernsman talk with Pam about the SB2 systems. co.243 • ll DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 ADMINISTRATION (970) 353-0586 WI I P HEALTH PROTECTION (970) 353-0635 COMMUNITY HEALTH (970) 353-0639 • FAX (970) 356-4966 COLORADO WELD COUNTY HEALTI I DEPARTMENT IN RE: ) Clifford Dyer ) (d/b/a Dyerco) ) CEASE AND DESIST ORDER 6086 West 10th St. ) Greeley, CO ) 80634 ) HAND DELIVERED Respondent THIS MATTER came before the Weld County Health Officer, John Pickle pursuant to C. R. S. § 25-10-106 AND Weld County Ordinance No. 56,AND 9E on August 3, 1998 and continued to November 23,1998. Testimony was presented by Jeff Stoll, Laurie Exby and Connie O'Neill, Environmental Protection Services. The Respondent was present and testified and his engineer, Steve Wemsman, P.E. was given notice and testified. A.number of documents were submitted and their acceptance recited into the record by Lee. D. Morrison, Assistant Weld County .Attorney who advised the Health Officer. The Health Officer, upon considering the statements of witnesses, having considered the reports herein, and being otherwise advised in the premises, DOTH FIND AND ORDER: 1. That the Respondent was properly served with a Certified Letter, giving 48 hours notice of this hearing and has been adequately advised of the condition which is the subject of this hearing. 2. That the Respondent has violated the Weld County Individual Sewage Disposal System Ordinance 9E § 3.17 A., no discharge allowed to State waters by allowing a discharge to ground water, § 3.17 B., maintaining commercial facilities without adequate sewage facilities, constructing a cess pool in the form of the pit § 3.17 D., all without an engineer design or approval by the Board of Health. 3. That the Respondent has created and continues to allow to exist a regularly recurring condition which is a nuisance. In particular, the Respondent has failed to comply with § 3.1 and of the Individual Sewage Disposal System Regulations which requires that the structure maintained as a residence or place of work by the Respondent must contain an adequate, convenient, sanitary toilet connected to a sewage disposal system in good working order. 4. The Respondent has previously exhibited a pattern and practice of not obtaining a complete permit nor obtaining an engineer's design. The Respondent has not shown that there is a valid permit for construction or repair of the system. A permit in 1983 permit was issued but never final eel and was invalidated for inaction in December of 1987. Additionally, Respondent has continued to modify the maze of tubes and pipes under the property for which neither he nor his engineer can identify or plat. In the absence of a report or permit showing the nature and extent of the system, the Health officer must find that there is a violation. 5. It appears that any approval of a permit will require consideration of the availability of sewer service from the City of Greeley community sewer is available w/in 400 feet of the serviced structures. The applicant must submit evidence to show that the sewer is unavailable because the cost of sewer relative to the septic system are financially prohibitive. THEREFORE, 11' IS ORDERED that the Respondent cease and desist from the use of the structures at 6310 West 10th St. Greeley, Colorado, in the N''VNE ''A of§ 9,T5N R66W of the 6th PM, Weld County, Colorado for any form of human habitation unless and until the structures are connected to and being serviced by an individual sewage disposal system designed, approved and installed in accordance with the Weld County Individual Sewage Disposal System Regulations or connected to community sewer system. BE IT FURTHER ORDERED, that this Order will be stayed for seventy days provided the Respondent dots the following: A septic permit for a commercial use must be obtained by submitting an application accompanied by an engineered drawing of the existing system along with a report from a registered professional addressing the adequacy of the existing system and the addition of the floor drains and trailer connections and providing an opinion that the: system functions in accordance with the regulations taking into account any other pipes or drainage structures within the same property. Any designs for any necessary corrections shall be included in the engineer's report. The complete permit application, along with cost breakdowns to address the issues in paragraph 5 herein, shall be submitted to the Weld County Health Department by January 19, 1999 in order to be heard by the Board of Health at the January 26, 1999 meeting. -79 e, Director of Weld County Department of Health, I lealth Officer NOTE: THIS ORDER MAY BE APPEALED TO THE WELD DISTRICT COURT, 9th Avenue and 9th Street, GREELEY, COLORADO IF A PETITION IS FILED WITH THE DISTRICT COURT WITHIN TEN DAYS OF THIS ORDER NOTE: VIOLATION OF THIS ORDER CONSTITUTES A CLASS I PETTY OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN $500.00 OR SIX MONTHS IN JAIL. STATE OF COLORADO ) )ss. COUNTY OF WELD ) i SUBSCRIBED AN! e.• • o tr ore me this °C day of /'t1-rya. ='X1998 John Pickle, Weld Coun r"••.'tfi'Z5ffiLe4•C�,•2j• CAROL A. . ; WITNESS my hand and official seal. • HARDING • ........••Pp�� OF c0L0 _ t ° My Commission Epirus June 8,2002 Notary Public cc: Lee Morrison, Assistant Weld County Attorney Steve Wernsman, Wernsman Engineering, Inc. Greg Thompson, City of Greeley, Community Development Bob Grubey, Colorado Department of Transportation tib is DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 WI I D C. ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 CERTIFICATE OF DELIVERY Undersigned, a person over the age of 18, hereby certifies that the following was hand delivered to: Mrs. G.,Lc by.e( 0t4-- Lob'(p to• 1 64_,.6 S-kee 6irettati , e0. MO O Documents Delivered: +-( Cza_Sc_ amt beS15-{- QlAel D O`ic aeon 171,'1U(l.ri.C(' oC Sept; c. Sy own . Na yg,r .be, 25, )g 9 7 et,--d-- DATE DELIVERED DELIVERED BY (Signature) Vill Subscribed and Sworn to before me on 3i l_day of no,eh-4h _. 1998 th NOTARY PUBLIC (Sign ure) My Commission expires '/741-noo BEFORE THE HEALTH OFFICER WELD COUNTY, COLORADO PARTIAL TRANSCRIPT OF HEARING ON NOVEMBER 23, 1998 RE: CEASE AND DESIST ORDER AGAINST CLIFFORD DYER APPEARANCES WELD COUNTY HEALTH OFFICER: JOHN PICKLE, HEALTH DEPARTMENT DIRECTOR OTHER COUNTY STAFF: LEE MORRISON, ASSISTANT COUNTY ATTORNEY JOHN PICKLE, R.S., M.S.E.H., DIRECTOR, WELD COUNTY HEALTH DEPARTMENT JEFF STOLL, M.P.H. DIRECTOR, ENVIRONMENTAL PROTECTION SERVICES CONNIE O'NEILL, LABORATORY SUPERVISOR LAURIE EXBY, ENVIRONMENTAL PROTECTION SPECIALIST ALSO PRESENT: CLIFFORD DYER STEVE WERNSMAN, P.E., WERNSMAN ENGINEERING 1 PROCEEDING MR. MORRISON: The following documents were submitted in the record: Application and permit but no final and received date but not a final for the septic system. The original received date is March 1, 1983. There is a letter summarizing the last hearing dated September 21, 1998, from Jeff Stoll and letter of October 26, 1998, to Mr. Dyer from Mr. Stoll and another letter same parties November 4, 1998. A memo to the file on November 9, 1998, from Laurie Exby regarding Mr. Dyer. Mr. Wernsman's Evaluation Existing Disposal System. Cliff Dyer Commercial Building updated October 2, 1998, and the Summary Memo the chronology dated November 23, 1998. As far as the memo generally the regulations played a cease and desist order having three days to come into compliance except for extreme emergency cases. In order you enter today Mr. Dyer has thirty days to comply with, I think you could set a different time line but you could enter a cease and desist order. That order is appealable within ten days, if you enter an order Mr. Dyer has ten days to go to Weld District Court and appeal that, the entry of that order. There are other remedies but that's the basic remedy, that's before you today is to enter a cease and desist. The question is what are you ordering cease and desist, basically it would be continued ordering the discontinuance of the use of the unpermitted system and that also would mean discontinuing use of those structures that are hooked to the system until and that's where the remedy is what would resolve the problems sufficiently to lift the cease and desist. MR. PICKLE: It just needs to be permitted. MR. MORRISON: The other alternative Mr. Pickle is to enforce your order in District Court which also provides a contempt process and fines if the order is not complied. MR. PICKLE: I don't usually set seventy days cease and desist it's usually 2 like thirty days, but I'm trying to be fair here, because if it comes seventy days and we're not I'm going to unlease this to the courts and I'm going to unlease this to the state and the fines start kicking in because we have spent a considerable amount of money. You have, we have, you have, and we need to get some resolution. MR. MORRISION: The other thing is the effective date of your order is today, even though the written order will follow, so the effective date starts today. MR. DYER: Well one question we're talking is seventy days. What happens in seventy days? MR. PICKLE: In seventy days you will meet with the Board of Health, you will ask them for a variance to approve a septic permit for this unpermitted system, if they grant that one piece of the cease and desist order is resolved. 3 CERTIFICATE 1 I, CYNTHIA A. SALAZAR, Clerk to the Board of Health and a Notary Public of the State of Colorado, appointed and commissioned by the Secretary of State, do hereby certify that the 3 foregoing Hearing was transcribed from the taped recording which was recorded at the Weld County 4 Health Department, 1517 16th Avenue Court, Greeley, Colorado, by JEFF STOLL, DIRECTOR, 5 ENVIRONMENTAL PROTECTION SERVICES, and that the foregoing is an accurate transcript of 6 the proceedings at that time. 7 I further certify that I am no related to any party herein or their counsel, and that I am 8 employed in the office of the Health Department. 9 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal 10 this 23rd day of December, 1998. 11 17 13 _,� _ t\ 14 CYNTHIA A. SALAZAR" 15 Clerk to the Board/of Health and Notary Public,/ 16 17 My Commission Expires February 7, 2000 4 riet MEMORANDUM Wlip TO: John Pickle, R.S., M.S.E.H. DATE: November 23, 1998 Ci Director COLORADO FROM: Connie O'Neill and Laurie Exby SUBJECT: Health Officer Hearing with Clifford Dyer On August 3, 1998, a Health Officer hearing was held concerning the ongoing issue of an inadequate septic system. Present were the following John Pickle, Lee Morrison, Jeff Stoll, Connie O'Neill, Laurie Exby, and Clifford Dyer. The following is a chronology of events beginning with the Health Officer Hearing: August 3, 1998 It was decided that the hearing would be postponed due to the introduction of new evidence. However, following the hearing Mr Dyer agreed to hire an engineer to evaluate the situation, as a result, Mr. Dyer was verbally told that the hearing would be postponed indefinitely so that the engineers findings could be reviewed. October 5, 1998 The Department received the engineer report from Steve Wernsman. The report was dated October 2, 1998. October 16, 1998 The Department(Connie O'Neill and Laurie Exby) completed its review of the report and observed the site with Victor Sainz of the Colorado Department of Public Health. Several issues were discussed at the time of the site visit that were not addressed in the engineer report. October 26, 1998 The Department sent Mr. Dyer a letter on October 26, 1998, concerning Mr. Wernsman's report and the site visit. The letter outlined, in detail, the issues not addressed in Mr. Wernsman's report and what measures were necessary to correct the situation. October 29, 1998 Connie O'Neill spoke with Mr. Dyer. He indicated that they had started to work on rerouting the floor drains and wanted some information on sand trap specifications. He indicated that he would like to install low flow toilets. Connie informed Mr. Dyer that we would not be opposed to installing the toilets. Connie also observed the site on this date. She observed that the sewer line coming out of the building was uncovered and they were beginning to install a new line for the floor drains. November 4, 1998 Jeff Stoll mailed Mr. Dyer a letter(dated November 4. 1998)that extended his 5 day deadline from the October 26, 1998, letter and scheduled the November 23, 1998, Health Officer hearing. The letter also re-outlined the issues from the October 26, 1998, letter that had not been addressed. November 9, 1998 As scheduled in the November 4, 1998, letter, Laurie Exby observed the low flow toilets installed by Mr. Dyer. She also discussed with Mr. Dyer the remaining outstanding issues. She outlined her discussion in a memo dated November 9, 1998. November 16, 1998 Laurie Exby and Connie O'Neill observed the site. On this date, Mr. Dyer was in the process of installing the sand trap. They also discussed with him the remaining outstanding issues. November 18, 1998 Following the November 16, 1998, meeting with Mr. Dyer, Laurie Exby contacted Mr. Dyer's engineer, Steve Wernsman. According to Mr. Wernsman he did not design the sand trap. Mr. Dyer had faxed his design and told Mr. Wernsman he was installing it. Mr. Wernsman advised him not to. He also asked Mr. Wernsman to "hold off" because he was to meet with the city about hooking onto the sewer system. Mr. Wernsman stated that he was not really sure about the condition of the septic system, he has learned more about the instillation of the system and he felt it may not be functioning as well as he originally thought. November 20, 1998 At the request of Mr. Dyer, Connie O'Neill and Laurie Exby observed the site. Mr. Dyer has uncovered some portions of the system. In their opinion, an adequate portion of the system was not uncovered to fully evaluate the system however, the uncovered portions did indicate some concerns with how the system is functioning. co.231 _ fin, . - 1 (1C (1. ��r.. ' 11-16-98 As stated in Jeff s Nov. 4th letter, Laurie and I went out to the site. Mr. Dyer was in the process of installing a sand trap. The trap appeared to be metal and being installed on the north side of the larger building. Laurie and I again went over the issues of the previous letters and explained that he did not have the authorization to install a sand trap on the unpermitted system (this included the fact that he was modifying an unpermitted system and that we did not have the authority to issue a permit on the system because he was within 400 feet of city sewer). Mr Dyer was very argumentative. Laurie and I left the site. (Pictures) Laurie later contacted Mr Wernsman to get additional information about the sand traps (11-18- 98). Mr. Wernsman told Laurie that he had not designed the sand trap that Mr Dyer had faxed he a design of what he was installing and Mr Wernsman advised him not to. Mr Wernsman also told Laurie that Mr Dyer had asked him to hold off because he was meeting with the city about hooking to sewer. Mr Wernsman also said he was not rue about the condition of the septic system and he had learned more about the installation of the system and field it may not be functioning as well as he had thought. 11-20-98 Mr. Dyer contacted me on the afternoon of the 20th and ask me if I would like to observe the site that he had everything uncovered. I met Laurie at the site. Some portions of the system were open. (See pictures) We observed the newly installed sand trap that had water in it. Mr Dyer indicated that the sand trap was discharging into a"french drain" not into the septic. I did state that the discharge would not be acceptable and would need to be fixed. We also observed the openings of the tank (appeared to be 2 compartment). Mr Dyer had also uncovered what he said was the d-box. We were not able to observe the d-box due to the level of water in the riser. (See picture) There was also and area dug out at what should be the north end of the leach field. Mr. Dyer told us that he had seen gravel when he was digging but we were only able to observe some pooling water (see picture- exposed leach field). From this area that was exposed it did appear that the "pit" area was sitting in the corner of the leach field. I told Mr. Dyer that and that we had some concerns with that damaging the system. Mr Dyer said that the pit was not in the leach field but from our observations it was between the two pooling areas on the opposite side of the fence. Mr Dyer had also uncovered a small part of the line that connected the trailer (picture). We also discussed bringing that trailer into compliance with Planning/Zoning. He said that they had also pulled out the inner pipe from the line that was leading to the "pit" from the south. We did observe some water in the "pit" as well as another pipe that was leading from the pit to the northwest. We indicated our concern over yet another pipe and Mr. Dyer said that it was not connected to anything. �, "i 2 r p. . . . 44 , --,,,*-- -P k. ` . a ® . . a � 414% . . i 404 xt , - .� : • ,• 4 \ \ ^ - # f°' . , ■ 2_ _ \ & . . — / \ , / � . � # . : y » . . ^ % { « , . : C } 2�: . % w D `t^" w m« LA-C c \: , ; G ): St«v± : oa\ Il l . «( s - {& a \a \y L\, per y . . r ^. :a lillar 4r 4 �� r s . , .` ' s ^ K . » 6,,,,,„ , , m 14. /, a d\ : . i : » « f \ - « A \ Ic? . .« � . _£ Q- 2 w ! E pos a \e«dye G §-a v of S e m cc,<a : f LezrIA_ &64 lc)crF e1 r C • ~ 40 r R ' b \\)ao/a `6 c pc cot ec, e Ilizo /48 60 raAes- SGpc{ +i-op Lv.“etc-1) S • I1i20/46 11 /2oj4 Wa-c 5+a-+v--SGc`ai3 p� 'N 1J R.W 1 1 l 0.J s�0..i\e U - BOYS - w s 1e r i s Qb o e s a N G -fox- uoockble to v A5L ac-Iv.&l -bow 11f oic g Sept-, 1 At•-} 'L 2 - Lovvvpam-v.ceu-t , zt MEMORANDUM TO: File DATE: November 9, 1998 a' FROM: Laurie Exby, Environmental Specialist l-t COLORADO SUBJECT: Cliff Dyer At 9:00am on November 9, 1998, Cheryl Darnel and I met with Cliff Dyer to confirm the instillation of the new low-flow toilets. I observed the new toilets in the automotive shop as well as the front office of Dyerco (Cliff Dyer's shop). Cliff did not particularly want to show us the new toilets but finally agreed to show them to us. He felt that our presece was disrupting his • tenants. I explained that in accordance with the letter dated Nov.4, 1998 from Jeff Stoll the inspection needed l:o be done. In addition, I discussed the three (3) conditions of the letter from Jeff, dated Nov. 4, 1998, with Cliff. Condition 1: Cliff again stated that the individual living in the trailer should be leaving shortly and once he is gone he will disconnect the trailer. I explained that if he was going to leave it there for this individual he would have to go through the Department of Planning. He said he is not going to do this because they have $1100.00 of his for a permit for a different property and that he would not work with them. I explained that has nothing to do with this trailer and he needs to get to work on resolving this problem. Condition 2: He stated that he has a moratorium on the use of the floor drain in the auto body shop. I observed the floor drain and it was not covered, there was no liquid flowing in the building. I asked Cliff how he was preventing water from flowing into the drain and he stated that there was a moratorium. I am not exactly sure how this works but he was adamant about the moratorium. I asked how he had stopped this flow and he showed us a small clean-out on the west side(see attached drawing). I was unable to determine where the line ended. Cliff said it was capped until he figures out what kind of filter or a french drain can be installed. I reminded Cliff that he needs to sample this water to determine what is in the water that is being discharged. (Victor Sainz explained this to Cliff at a meeting on October 16, 1998.) He said he had all the MSDS sheets from what is used in the shop and that it is all biodegradable and all he wants to know is what kind of filter. I explained that I am not a consultant and that his engineer should be able to help him. Victor had told him that a sand trap was likely what he needed but that the analysis needed to be done to determine what he needed. Condition 3: We discussed the existing sewage system and what needed to be done. Cliff was upset about the location the division (northwest corner) asked him to uncover. He claims the fence and trailer are in the way and it would be difficult to get to. I told him that this is the end of the field and we are trying to determine if the leach field is working. I tried to express the urgency of doing anything to show he is working on this project. He stated that he is being picked on and that a cease and desist order would be difficult to obtain. I again told him it is important that he begin working on this project and he walked off. There was also some discussion on the permits and how we have it all wrong and that all we need to do is look at them and we would see that everything is ok. Ataiiitwo DEPARTMENT OF HEALTH I1517 16TH AVENUE COURT GREELEY, CO 80631 CO. M ( 353-0586 HEA TDHPROTECTION 970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 November 4, 1998 Certified Letter No: Z 130 100 250 Clifford Dyer 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: The purpose of this letter is to review our discussion during your phone call to me on Tuesday,November 3, 1998. You requested an extension of the five-day deadline from my letter dated October 26, 1998 to install low-flow toilets. You desired an opportunity to test whether this action is sufficient to correct the illegal discharges from your existing sewage disposal system. The Division does not believe that this change will effectively correct the problems that have been cited in past correspondence however, we are willing to provide you with one more opportunity before meeting with the Health Office, John Pickle,to seek final resolution of the matter. Therefore,you shall complete the replacement of the toilet fixtures before Monday,November 9, 1998. Staff will verify the installation of these toilets on Monday,November 9, 1998 at 9:00 a.m. at the site. Thereafter, the Division will allow a week as you requested to test the effectiveness of your changes. The Division will inspect the site on Monday,November 16, 1998 at 9:00 a.m. to evaluate the status of the system. Meanwhile, a hearing with the Health Office has been scheduled for Monday,November 23, 1998 at 9:00 a.m. at the Weld County Health Department located at 1517 16"Avenue, Court, Greeley. At that time we will discuss the status of your system and determine whether progress has been made or if a Cease and Desist Order is necessary. I encourage you to bring your engineer to add to the discussion. Please., be reminded that three issues remain from my letter of October 26, 1998. These issues remain regardless of whether or not you use low-flow toilets. They are as follows: 1. The matter of the illegally connected trailer must be corrected. The trailer must either be disconnected from the sewage disposal system or properly permitted by the Weld County Department of Planning. 2. The floor drainage must continue to be evaluated and corrected. 3. The existing sewage disposal system needs final approval. The system must be evaluated by an engineer and an "as built"diagram submitted for the permit record. A final inspection will also be required by our department. This will require uncovering the system as outlined in the October 26, 1998 letter. Clifford Dyer Certified Letter No.: Z 130 100 250 Page 2 You are strongly encouraged to commence work on these issues concurrently with your installation of low-flow toilets. While the outcome of your improvements may contribute to the resolution cif these issues, it will not effect the need to resolve all three issues completely. Thank you for your prompt attention to this matter. If you have any questions regarding this matter please call me or Connie at 353-0635, Ext. 2240. Sincerely, / 'Jeffrey L. Stoll., MPH, Director Environmental Protection Services Division JS/vh4817 cc: John S. Pickle, R.S., M.S.E.H. Director, Weld County Health Department Steve Wernsman, Engineer Victor Sainz, Colorado Department of Health and Environment Lee Morrison, Weld County Attorney Carla J. Lenkey, Colorado Department of Health and Environment Pat Martinek, Colorado Department of Health and Environment Gary Dewitt, Colorado Department of Transportation Greg Thompson, City of Greeley, Community Development Bob Grabey, Colorado Department of Transportation 10-29-98 I spoke with Mr. Dyer. He told me that they had started to work on rerouting the floor drains and wanted some info on sand trap specifications. I told him that I would talk to Pam but that the system would need to be designed by his engineer. He also ask about installing low flow toilets. I told him that seemed like a good idea to reduce their flow. He also said that they had part of the lines uncovered for the floor drains and that I could take a look at those. I went out to the site that afternoon. I discussed sand traps with him and again told him that those needed t:o be engineer designed we did not have requirements. He indicated that he was in a hurry to get the floor drain issue dealt with because the Hwy. Dept. was not allowing him to discharge storm water until this was resolved. He also ask about discharging the water directly after the sand trap. I told him I would discuss this with Victor and let him know. I also explained to Mr Dyer that no additions o repairs could be made to this system without a repair permit and that we did not have the information necessary to issue them a repair permit. He told me that he did have a letter for the city stating that sewer was not available because they could not annex at this time. I ask him to get me a copy of that letter. I also told him that we would try to evaluate things as timely as possible 1:o help them get this resolved. Mr Dyer continued to argue that the system should be fine if they reroute the floor drains and install the low flow toilets, that the water going into the pit is fine and getting treated, that every time we come out we try to find something new that's a problem, that he never gets to talk to the same person (with regard to the entire county) and no one will get back with him in a reasonable amount of time (again for the whole county system). I did tell Mr. Dyer that I felt I had responded to his calls quickly and that Laurie and I were consistently the people to deal with him. I also told him that we had found additional problems with the system as we continued to investigate but that was because he had not been honest with us. I gave him the example of when Laurie and I repeatedly ask where the water was coming from in the white PVC pipe (that we know now is was connected to the floor drains) in the storm drain inlet and he told us the roof when there had been no rain in weeks. I told Mr. Dyer that I would get any additional info about sand traps and give him a call that afternoon or Friday and that I would contact him on Monday for a schedule. 10-30-98 Spoke with Victor. He told me in order for the floor drains to be discharged directly that would require a discharge permit. He also told me the state did not have design specifications for the sand traps. I left a message for Mr. Dyer I spoke with Mr Wernsman on 10-30-98 and gave him the information I had received from Victor. I also went over the items I had discussed with Mr. Dyer. I explained that the "pit" needed to be filled within 5 days. I explained that before any additions or repairs (this included installing a sand trap) could be made that a decision on whether a repair permit could be issued needed to be addressed. This would include information from the city as to whether sewer is available and evaluating the existing system. Mr Wernsman did not have a copy of the letter from the city either. I also explained that we would like to see these items happen at the same time as filling in the pit to keep water from backing up into the facility and causing any additional problems. 11-02-98 I left another message for Mr. Dyer. On 11-3-98 I talked with Mr. Dyer after he had also talked with Jeff. Mr. Dyer ask me to contact CDOT to let them know what I had observed on 10-29 regarding the floor drain reroutes. I did contact Bob Grubey at CDOT(CDOT 1420 2nd St., Greeley, CO 80631 - 350-2152) to let him know what I had observed. We discussed the ongoing issues at the site. Mr. Grubey ask me to get him a letter this week with what I had observed and the ongoing work. (He was copied on the 11-5 letter to Mr Dyer from Jeff) Jeff had also talked with Mr Dyer. He had requested additional time from the 5 days given in the 10-26 letter to install low flow toilets to see if it helped the problem. Jeff agreed to allow extra time. A letter outlining tsis was sent and hand delivered on 11-5. I also talked with Doris from the City of Greeley regarding the letter that Mr. Dyer was not eligible for sewer. She indicated that he may be eligible with some outside arrangement and that the city had not sent him a letter telling him otherwise. co.226 16D\ VV] DEPARTMENT OF HEALTH liD 1517 16TH AVENUE COURT GREELEY, CO 80631 D (970) 353-0586 HEALTH M PROTECTION 970353-0635 COLORADO COMMUNITY HEALTH (970))353-0639 FAX (970) 356-4966 October 26, 1998 Certified Letter No.: Z 130 100 239 Clifford Dyer 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: On October 16, 1998, Connie O'Neill, and Laurie Exby, of the Weld County Health Department Environmental Protection Services and Victor Sainz, District Engineer, of the Colorado Department of Public Health and Environment along with Mr. Stephen Wernsman, Wernsman Engineering and yourself met at the property located at 6310 West 10th Streeet, Greeley, Colorado. The purpose of this meeting was to discuss the finding of Steve Wernsman's site plan report dated October 2, 1998, on the industrial facility and the septic system. During this visit the following conditions were observed: The pipe running from the pit to the stormwater inlet has been cut and no water appeared to be discharging to the stormwater inlet. There was a small amount of discharge from the storm drain pipe at the West 10th St. right-of-way. Mr. Wernsman indicated that the floor drains serving the facility are connected directly to the stormwater system. Water was turned on in the restrooms of the autobody shop and in the Dyer metal shop. After approximately fifteen (15) minutes, clear water was observed to be flowing into the "pit" drain. Please be advised that these discharges are in violation of the Weld County Individual Sewage Disposal System Regulations, as follows in part: Sec.3.1 "General Sanitation Requirements: The owner of any structure where people live, work or congregate shall insure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good working order. Under no Mr. Clifford Dyer Certified Letter No. Z 100 130 239 Page 2 condition shall sewage or effluent be permitted to be discharged upon the surface of the ground or into waters of the State, unless the sewage or effluent meets the minimum requirements of this regulation or the water quality standards in compliance of the Clean Water Act, whichever is applicable. The wastewater being discharged into the "pit" indicates the system is not operating properly. In order to determine the condition of the system, and eliminate any discharge, the following steps must be taken: 1) The pit drain shall be filled in with cement in accordance with the engineer's recommendation within five (5) days of receipt of this letter. At the time of this procedure the inlet pipe to the "pit" should also be exposed back to the source of the discharge. This will prevent further infiltration into the "pit" and allow for staff evaluation. 2) Uncover at a minimum the following portions of the larger system in order to determine the condition of the existing system. - The inlet lines from the building to the septic tank - The lids to the tank - The D-box - The connection of the trailer sewer line to the inlet line as well as a central portion of that line - The northwest corner of the leach field Additional portions of the system may need to also be exposed upon evaluation. Weld County Environmental staff must inspect these exposed portions of the system. 3) An engineer evaluation will also be required to address any additional connection and discharges to the storm drains at the inlets. If it is determined the system is functioning properly the following steps shall be taken to bring the system into compliance: 1) Recalculate the flows including all floor drains and the trailer located on the property. 2) In order to properly treat the floor drain waste, an evaluation of potential pollutants should be done by your engineer. The waste stream shall be analyzed for pollutants and the results submitted to our office. Weld County Environmental staff shall be contacted in order to be present during the sampling event and collect split samples. 3) Once these have been completed a Weld County Individual Sewage Disposal System (ISDS) evaluation must be conducted to determine whether or not the system is adequately sized for the facility. 4) During these activities Weld County personnel will make occasional site visits in order to determine continued progress is being made to alleviate the discharge. Mr. Clifford Dyer Certified Letter No. Z 100 130 239 Page 3 In the event the system is found not to be functioning, the following conditions must be taken: 1) The division would require a cost breakdown and comparison to evaluate the feasibility of repairing the existing system or connecting to the City of Greeley sanitary sewer. 2) As per the July 20, letter a variance from the public sewer requirements for structures within 400 feet of a municipal treatment system will be needed from the Weld County Advisory Board of Health upon request of a repair permit. Additional inspections or evaluations may be required by the Weld County Building Department to ensure all appropriate requirements are met. Please be advised that failure to complete these items will result in further action which may include a Cease and Desist Order in accordance with 25-1-613, C.R.S., as amended. If you have any questions or if I can be of further assistance, please contact me at (970)-353-0635, ext. 2229. Sincerely, efftey" L. Stoll, MPH, Director Environmental Protection Services JLS./vh cc: John S.Pickle, R.S., M.S.E.H. Director, Weld County Health Department Steve Wernsman, Engineer Victor Sainz, Colorado Department of Health and Environment Lee Morrison, Weld County Attorney Calla J. Lenkey, Colorado Department of Health and Environment Pat Martinek, Colorado Department of Health and Environment Gary Dewitt, Colorado Department of Transportation F-EsphEN WEuNu.aa.i lip F1evE,•,!h Ava u& PrEsidENt ' S�ife 1pi GrEEIa'} CO 80k 1 3 W'ERNSMAN ENGINEERING. INC. <91d 3s -ii' Fax(910) 353'9151 EVALUATION OF EXISTING SEWAGE DISPOSAL SYSTEM for CLIFF DYER COMMERCIAL BUILDING 6310 West 10th Street Greeley, Colorado October 2 . 1998 Proiect No . 98-184-02 ph psi, larctei '4 si °W' ri r a 17487 ice; '. ^ /07 44-7.1c1)(1 � 1� �OIAt ' INTRODUCTION The property fronts on the South side of West 10th Street . Greeley , Weld County. Colorado . The property is not currently in the Greeley City Limits . The property r,as two commercial buildings , each with its own septic tank & leach field system ( see site plan) . The subject of this study is the septic system for the largest building ( south) . I understand that a permit was issued for this system , but there is no record of a final inspection. In the summer of 1998 a discharge of water was observed in the drainage system which was tested by I;ealth Dept . personnel and determined to be sewage discharge . Since then , a drain line was cut and plugged to stop the discharge ( see site plan) . The purpose of this study is to evaluate the capacity of the existing system for its actual use , to determine the source of the discharge , and to make recommendations for remedial action . The building is used for Office / Warehouse / Shop businesses with no industrial water use . The anticipated average sewage flow is based on Day Workers at Offices at a rate of 15 gallons / person / day. Currently there are approximately 10 workers in the building . The maximum anticipated number of workers in the building is 20 . A trailer is located north of the building . The trailer has a sewer holding tank. A sewer drop has been installed from the trailer to the building service line ( see site plan) . The anticiapted average sewage flow from the trailer is 50 gallons / day. According to Health Dept . records , a percolation test was conducted by Health Dept . personnel on March 15 , 1983 . The test showed an average percolation rate of 20 . 4 min. per inch. The soil profile indicated on this test showed the soil consisting primarily of silty/ sandy material . No ground water or other limiting zones were indicated . On August 29, 1998 , five monitoring wells were installed around the septic system area . The holes were drilled approximately 18 feet deep and perforated pipes was installed to a depth of approximately 15 feet ( see site plan ) . No ground water or other limiting zones were encountered in these borings . The soil profile encountered in these borings was consistent with the original percolation test profile . No free water has been observed to date in any of the wells . The source of water for the facility is City of Greeley. LEGAL DESCRIPTION A tract of land in the Northeast quarter of the Northeast quarter of Section 9 , Township 5 North , Range 66 West of the 6th P.M. , Weld County, Colorado . page 2 PERCOLATION RATE The average percolation rate used in the design is 20 . 4 min . per inch , as recorded in the original Weld County Health Dept . personnel test . FLOW Building average flow = 20 people x 15 gal . /person/day = 300 gal . /day Trailer average flow = SO gal . /day Total average flow = 300 + 50 = 350 gal . /day Peak flow = 350 x 150% = 525 gal . /day SEPTIC TANK Retention. time = 30 hours Tank vol . required = 525 x 30/24 = 656 gal . minimum. ABSORPTION BED Peak Flow = 525 gal . /day Bed Area Required = 525 x giliTZ X 1 . 3 / 3 . 5 = 881 sq . ft . EXISTING SYSTEM The existing septic tank size is 1000 gal . The existing absorption bed is approximately 1200 sq . ft . Based on the above calculations , the system therefore appears to have adequate capacity for its actual use . Some fill material was apparently placed over the original system after it was installed . This results in the absorption bed having approximately 4 feet of earth backfill over the gravel bed . I do not believe this condition has damaged the system, as it appears to be functioning adequately. page 3 ACCIDENTAL DISCHARGE INTO STORM DRAINAGE SYSTEM My understanding of events is as follows : In the summer of 1998 a surface discharge of water was observed exiting the storm drain line at the north-west corner of the property. The discharge was tested by Health Dept . personnel and was determined to be sewage discharge . Remedial action taken by the Owner on July 23 , 1998 was to cut and plug a drain line ( see site plan.) . The first attempt to plug the line , however , was not completely successful due to difficulty in welding the pipe in the wet excavation .. A second attempt was apparently successful . On August 12 , 1998 , I visited the site at the request of the Owner . At that time I observed a trickle flow of water in the storm drain inlet at the west side of the property. The flow appeared to be originating from the south rather than from the line going east toward the leach field . I also observed a trickle flow through. the "pit " near the leach field . This flow was apparently discharging underground in the area of the cut and plugged line . The flow in the pit had a faint "sewer odor" . Periodic observations since then indicate the flow in the "pit" to be intermittent , with no flow most of the time . On August 29 , 1998 , several monitoring wells were installed around the septic systen. area. The holes were drilled approximately 18 feet deep and perforated pipes were installed to a depth of approximately 15 feet ( see site plan) . The purpose of the wells was to determine if ground water was contributing to the observed flows . The holes were dry when drilled and have been dry to date . Based on my observations , I believe the source of the sewage flow to have been the stubbed-out drain line which is in the area of the leach field . I believe the line leading west from there has been successfully plugged . The "pit" is now useless as a storm sewer manhole and I recommend that the lines in and out of it be plugged with concrete and the pit filled in and abandoned . This will provide extra precaution against further flows out of the leach field . SfEphEN C.WEMSMBN 110 BEVENth AVENUE PrEside4 Suite 101 GrFdrV CO 80b31 WERNSMAN ENGINEERING. INC. (970) 353-4463 Fax(910) 35 '9151 September 25 . 1998 Connie ONeill 31` Weld County Dept . of Health 1517 16th Ave . Ct . Greeley, CO 40631 Re : Cliff Dyer Property at 6310 W. 10th St . . Greeley , Colorado In accordance with our phone conversations regarding the referenced property, several 15 ft . deep monitoring wells have been installed around the area of the existing leach field . These wells have been monitored for several weeks and have shown no ground water in the area at that depth . Based on these observations , I believe that ground water is not a contributing factor in the previously observed flows into the drainage system. It therefore appears that the source of water for the observed flows was the leach field itself . The drain line that connected the stubbed out line to the drainage line has been cut and plugged . No further discharge has been observed during the past few weeks . I plan to prepare a site plan which shows the known underground improvements , including the septic system and drainage lines . Also , I plan to prepare a study of the existing septic system to determine its capacity, and compare it with the actual load on the system. Both the site plan and the study, along with my recommendations will be included in a report which I anticipate will be completed on or about October 5 , 1998 . I hope this course of action is acceptable to you . Please call me with questions or comments . Respectfully, WERNSMAN ENGINEERING , INC . el Stephen C . Wernsman, P.E. pres . r•�•• y• vye• v a o ", va Iaav vaanuaaay selatac system GO Determine lts capacity, and compare it with the actual load on the system. Both the sits plan and the study, along with my recommendations will be included in a report which I anticipate will be completed on or about October 5 , 1998 . I hope this course of action is acceptable to you. Please call me with questions or comments . Respectfully, WERNSMAN ENGINEERING, INC. 4,Step en C. Wernsman, P.F. pres . N 1 I \ 1 3 CS CS -1 o L t - _. -_ X ?o,• ` er 4 {' -1,- 2` CSC, '1 ti > I 4 l _1 / Q i kr a / z�� 2 ? va / ti / C� / 'r/ ScjcfS i 1, . kr s / � i cy / ' / Z r is -� ._\ / ��; 99/ q 'c% 3 J ` ( L. / ;,a ,zn ,4/1/ 44 r ,..sz) x t I ' ' 't Q .\ I �t0 K in --.1 • - - �. . . • , C cur `s P` l ,i f H �,., i 1) 12� /J l i � r Ic- '< / C CCC a. . r f ;lac �e FROM : LRNTEC INVESTMENTS LTD PHONE NO. : 970+353 9257 Rug. 13 1997 09:40RM P01 RUG-11-1996 1'.136 P.m rwror •, a nu,a OW , tf - I1 spawn- , Fran �f YO WL, O..J-,,},...+>PtN:av1...._ -S._.f?YL�4< aril Co./0ep1. Co. Phone - ~_. ' p"Kn,3$3-01 3S DEPARTMENT OF HEALTH Fes: ti3--- . ;?i7 Dax. a - 4 94e Ce(i _ 1517 16TH AVENUE COURT GREIELEY, CO 80831 ADMINISTRATION (970)353-0586 COHEALTH PROTECTIOIN(970)353-0635 CO ]E�ADO COMMUNITY HEALTH (970) 353-0639 FAX(970) 356.4966 I REQUEST TO REVIEW FILES NAME: S Tg"PNW+t/ C, Wc&V AfAN __-- CbMPANY: 1/MN. MAn/ taI /Kicy j , ,1C . A)]DRESS: 7/0 // AV *If°if 4/mCLe7 Cc*.. e04=37 Iv-AILING ADDRESS:_ rA^.� P`IOONENUMBER: 0712) 1-53 - 1.46'3 -- FILES REQUESTED:_/NCIp6Nt !`/fr fob 63/0 Cv. /0 5-7-, yft ,tr, ca. - REASON FOR REQUEST: EtiG,NfC '#(, 5nip y I ACbr the first fifteen minutes of file requests/audits there is a$15.00 charge per how, all copies are A0 each. Payment in full will be remitted at the end of the requests/audits. P EASE - DO11i MOVE ANY COnRESP9N ENCEQ&CRAN(iK THE REI OF THC E NDENCE I TICFILE, If you would like copies. elides will be provided for you to flag the correspondence. The copies will be made by following F . ,and mailed to you. S iwurc: -1ll.'<`'`_s-. Date: • /3" "rice Approved by: ; Date:__ Ir Director or Supervisor of E.P. . Division 41 Time: Copies: Copies:-._._._._.. ES Time: (.10 per page) Tithe,,,__ (115.00 per hour) Total:__ TOTAL P.U1 have any questions concerning this matter,feel free to contact this office at 353-0635. Sincerely, Jeffrey L.. Stoll, MPH, Director Environmental Protection Services cc: John Pickle, MSEH, Director, Health Officer Lee Morrison,Assistant County Attorney George Baxter, Commissioner Connie O'Neill, Laboratory Services Supervisor Laurie Exby, Environmental Protection Specialist 80 J".[S�TFd`. 2T UNITED STATES ENVIRONMENTAL PROTECTION AGENCY o nfifi tucp WASHINGTON, D.C. 20460 r02 tit,[RROtEO U.S Environmental Protection Agency Y Region VIII RR01t" DOUGLAS K. MINTER, M.P.H. Environmental Health Scientist August 18, 1998 999 18th Street Suite 500(8P2-W-GW) (303)312-6079 Denver,CO 80202-2466 FAX,(303)312-7084 minter.douglas@epamail.epa.gov Dear Partner in Environmental Protection, On July 17, 1998 the United States Environmental Protection Agency (EPA) Administrator signed the proposed Revisions to the Underground Injection Control Regulations for Class V Injection Wells. The proposed rule focuses on high risk Class V injection wells in source water protection areas that pose the greatest threat to underground sources of drinking water. The wells covered include: • motor vehicle waste disposal wells, • industrial waste disposal wells, and • large-capaci'.y cesspools EPA is soliciting comments on a number of variations to the proposed approach for these well types. These include, applicability to Primacy States, linkage with source water protection areas, the well types chosen for regulation, and other points that may affect you. Enclosed is a copy of the rule with pream'Dle and the Fact Sheet. Please read the enclosed materials and consider submitting commerts. EPA will accept public comment until September 28, 1998. Please feel free to copy the documents and distribute them to others who might be affected by this rulemaking. If you have questions, you may contact me at (202) 260-1993 or delehanty.robyn@ePamail.epa.gov. The EPA has recently completed a 15 minute video titled "The Problem with Shallow Disposal Systems". If you would like a copy, please contact Harriet Hubbard at (202) 260-9554. Sincerely, 303)692-3446 kic c Fax(303)759-5355 ./.// 1,-f - „-7 E-Mail:Pat.Martinek@stale.co.us Robyn Delehanty of fPubDepealth Patricia C.Martinek oFPublic Health Regulatory Implementation Branch and Environment Liaison Hazardous Materials and IiMWMD-B2 Waste Management Division 43(X)Cherry Creek Drive South Attachments: Denver,Colorado 80246-1530 Recycled/Recyclable•Printed with Vegetable Oil Based Inks on 100%Recycled Paper(20%Postconsumer) United States Office of Water EPA 816-F-98-009 Environmental Protection (4602) August 1998 Agency „EpA FACT SHEET CLASS V INJECTION WELLS EPA Announces Proposed Regulatory Requirements As Part of a Comprehensive Management Strategy for Class V Injection Wells 0 LUBE iiiiiial® PRINTING izarjorLI � 8Ff _leir qWIIr i Sr dir rill Septic Tank �y��Gi/ % Septic Tank / Dry Well Drainfield �� Storm Sewer to Cesspool Storm Drain Surface Water As the first step in the strategy for Class V injection well management, EPA is proposing What are the to regulate three types of UIC Class V wells in Source Water Protection Areas(SWPAs) proposed regulatory for community and non-transient non-community water systems that use groundwater as requirements? follows: 1. Large-capacity Cesspools — New cesspools would be prohibited — Existing cesspools would be phased out over 5 years 2.Industrial Waste Disposal Wells — Would be prohibited from exceeding drinking water standards or other health- based limits at the point of injection — Must meet MCLs within 90 days of the completion of its local SWAP 3.Motor Vehicle Waste Disposal Wells — 2 options are being co-proposed:a) ban motor vehicle wells completely; or b) owners would be allowed to receive a waiver from the ban and apply for a permit that would require the waste to meet drinking water standards at the point of injection — Must close well or apply for a waiver within 90 days of the completion of its local SWAP(states may grant a one-year extension) If states do not complete their SWAP by the extended deadline of May 2003—these requirements would apply statewide. In August 1995,the Administrator signed a notice of proposed rulemaking. In this notice, Didn't EPA propose EPA proposed not to adopt additional federal regulations for any types of Class V regulations for injection wells. Instead,the Agency proposed to address the risks posed by certain wells Class V injection using existing authorities and a Class V management strategy designed to(1)speed up the closure of potentially endangering wells;and (2)promote the use of best wells in 1995? management practices to ensure that other Class V injection wells of concern do not endanger USDWs. EPA received many comments that supported the proposal to not impose more regulations for Class V wells from some states and industries that use Class V injection wells. In general,these commenters supported the rule because it provided maximum flexibility to states to use existing authorities to address high-risk site specific factors. However, EPA also received a number of comments that raised concerns about the proposal, primarily from states and an environmental group. In particular, several commenters questioned whether a UIC program without additional requirements for what they believed to be relatively high-risk well types,including Class V industrial waste disposal wells and cesspools, could prevent endangerment to drinking water sources as required by the SDWA. The 1995 approach proposed to address all Class V injection wells regardless of the level of risks they pose to USDWs,with one regulatory approach, and did not provide a clear set of regulatory requirements for different categories of wells based on their level of risk. As a result,the proposed rule did not adequately address high-risk wells that threaten public drinking water supplies. EPA now believes that specific regulatory requirements are necessary to control the risks posed by industrial and motor vehicle waste disposal wells, and large-capacity cesspools in delineated source water protection areas. 3 WS EO ST„_ ZI UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 +c onolE° -92 MEMORANDUM OFFICE OF WATER SUBJECT: Classification of Infiltration Galleries under the UIC and RCRA Programs- R 7� p M ( P FROM: James R. Elder, Direct / fyl � 19 Office of Ground Wat and Drinking Water �� l! MAR 3 �°� ???�� v Sylvia K. Lowrance, Direc5bAJ`, Office of Solid Waste Direct...* �� y EPAREGIONVI TO: Water Management Division Directors Regions I - X • Hazardous Waste Management Division Directors Regions I - X PURPOSE Underground Injection Control (UIC) and Hazardous Waste Management program offices in a number of Regions have requested clarification on whether or not infiltration galleries are, in fact, Class V injection wells and subject to UIC program authorities. These questions arise from alternative, but conflicting, readings of the Office of Solid Waste ' s (OSW) final rule of April 2 , 1991 (56 FR 13406) on the Toxicity Characteristic Leaching Procedure (TCLP) rule' s compliance dates for different types of disposal facilities. This rule makes a distinction between injection wells and infiltration galleries for RCRA treatment and compliance schedules, but does not provide a detailed definition of an infiltration gallery as opposed to an injection well. The rule granted an extension to the effective date of the TCLP for reinjection of ground water pursuant to hydrocarbon recovery operations undertaken at petroleum refineries and transportation facilities. The notice explicitly declined to extend the TCLP rule compliance date for infiltration galleries, implicitly concluding that no infiltration gallery can be called an injection well . The purpose of this guidance is to provide clarification as to which type of infiltration galleries may be classified as injection wells and qualify for the rule ' s compliance date extension, assuming other conditions , such as location at a refinery, are met. Printed on Pt: clyd Pepe' 3 For purposes of this guidance, each of these vertical pipes, 1 ' individually or in series , should be considered an injection well subject to UIC authorities. Conversely, other configurations (which may also be commonly referred to as infiltration galleries) such as pits or lagoons are not considered to be injection wells. Attachment A depicts an infiltration gallery which fits within the definition ofs"injection ncwell" outlined above. The ' use of such a gallery sYin also ell ao Class IIIsolution mining operations . These operations (which we recommend calling "injection galleries" to distinguish them from other types of infiltration galleries) are a UIC-regulated activity. Facilities discharging fluids which are RCRA hazardous waste, as part of an approved RCRA or CERCLA clean-up operation at a site not addressed by the TC exemption, may be authorized as Class IV wells in accordance with 40 C.FR § 144 . 13 (c) . Injection operations at sites specifically authorized by the TC exemption are boote Cc Class id' wells. e hazardous waste injection and would, therefore, Any other ground water discharge that follows the prescribed pattern would be a Class V well. The UIC program' s highest priority has been and remains addressing discharges from injection wells which may endanger underground sources of drinking water (USDWs) when they are used to dispose of wastes . Injection galleries operating pursuant to State or federally-approved remediation actions are not primarily discharging a waste product, but rather are recycling the resource to iirprove its quality. These activities are already a part of an enforcement action, rather than an abuse or endangerment of ground water, and would not require the additional environmental controls which can be imposed by the UIC program. Such operations should be examined solely to ensure that adequate safeguards are incorporated into the enforcement order to protect USDWs . Further, a number of additional authorities are available to address the operation of injection galleries. Generally, State ground water protection statutes authorize the regulation of all discharges to the "waters of the State" in parallel to Clean Water Act (NPDES) authorities. Injection galleries, much like surface impoundments (pits, ponds and lagoons) , may therefore be regulated under these authorities. In addition, Section 1431 of the Safe Drinking Water Act (SDWA) and Section 7003 of RCRA provide an avenue of regulatory control in those cases where an imminent threat of endangerment to USDWs and/or human health and the environment exists from the operation of an injection gallery. i �J L.. �-r- --- �' �11� r 1.1- l \ i � ! ; N w 1 :I N G J iy L • 14 \ 1 CC 1 _ U -?' -. N P W O N J ~ N 1 J { N LW ::•!,� N uJ _ _..�' i N ' : 1 j I N N • N t w -------'- i Wednesday July 29, 1998 r ia r. Part II k t Environmental Protection Agency Lal 40 CFR Parts 144, 145, and 146 Class V Injection Wells Underground Injection Control Regulations, Revisions; Proposed Rule 7 is : 4 e �: 40586 Federal Register/Vol. 63. No. 145/Wednesday. fal-: 29. 1998/Proposed Eul- ENVIRONMENTAL PROTECTION available information. These are motor (including, any ,references). Commenters AGENCY vehicle waste disposal wells, industrial who would like EPA :a acknowledge waste disposal wells, and cesspools in receipt of their comments should 40 CFR Parts 144, 145 and 146 ground water-based source water include a seitaddressed. stamped [FRL-6129—t1 protection areas. Targeting the envelope. requirements to those-.veils will achieve The rule and supportingo PIN 20a0-AB83 _ substantial orotecticc ader7 ound proposed • sources of drinking wave, document;, including public comments Revisions to the Underground are available for review in the Water Injection Control Regulations lations for Class EPA also is proposing to consolidate Docket at the above address. Far the Class V UIC regulations in a 'plain- V Injection Wells English" fornat to make it easier for information on how to access Docket Class V well owners and operators to matenais. please call (202) 260-3027 AGENCY: Environmental Protectionbetween 9 a.m. and 3.30 n ^ Eastern Agency (EPA). understand when and how the Time. Vicaday through Friday. ACTION: Proposed rale. regulations apply to them. To that end. EPA recommends that you review the FOR FURTHER.INFORMATION CONTACT: For SUMMARY: The Environmental Protection proposed regulatory language first. and general information. contact the Safe Agency (EPA) today is proposing then refer to the preamble for - Drinking Water Hotline, phone 800— - changes to the Class V Underground background and additional rationale not 4?6-4791. The Safe Drinking Water Injection Control ([.TIC) regulations that included in the rule. Hotline is open Monday through Fnday would add new rec uirements for three DATES: EPA must receive public excluding federal holidays. from 9:00 categories of Class V wells that pose a comment, in writing, on the proposed ' a.m. to 5:20 p.m. Eastern Time. For high risk when located in ground water- regulations by September 28, 1998. technical inquiries. contact Robyn based source water protection areas Comments will only be accepted on ' Delehanto. Underground Injection being delineated by states under the certain new sections of the proposed Control Program. Office of Ground. 1996 Amendments to the Safe Drinking rule(see Table I of the Preamble). Water and Drinking Water(mailcode Water Act(SDWA). Class V motor ADDRESSES: Send written comments to 4606),EDA, 401 M Street, SW, vehicle waste disposal wells in such the UIC Class V, W-98-05 Comment Washington, DC 20460.Phone: 202— areas would either be banned or would Clerk, Water Docket (MC-4101):U.S. 260-1993 E-mail: have to get a permit that requires fluids Environmental Protection Agency: 401 delehanty.robyn"sepamail.epa.gov. released in those wells to meet the M Street, SW, Washington. DC 20460. drinking water maximum contaminant SUPPLEMENTARY INFORMATION: Comments may be hand-delivered to the levels (MCLs) at the paint of injection. Water Docket, U.S.Environmental Regulated Entities:Although certain Class V industrial waste disposal wells Protection Agency; 401 M Street, SW., - proposed ::larifications to the UIC in ground water-based source water East Tower Basement,Washington. DC regulations would apply to owner or protection areas also would be required 20460.Comments may be submitted operators of any type of Class V well, to meet the MCLs at the point of electronically to - - - - the only entities to be regulated by this injection,and large-capacity cesspools owdocketgepamail.epa.gov.. - . -proposal when final are owners or in such areas would be banned: EPA is - Please submit all references cited in operators of Class V motor vehicle waste proposing these new requirements to your comments. Facsimiles(faxes) • disposal wells, industrial wells,and C- - address three categories of wells that it cannot be accepted. EPA would large-capacity cesspools. Potentially has identified as posing a high risk of appreciate one original and three copies regulated ategories and entities ground water contamination based on of your comments and enclosures .- include: Category Examples of regulated entities(if they have a sass V well) Industry and Commerce Gasoline service stations, new and used car dealers, any.faality that does any vehicle repair work (e.g.- • body shops,transmission repair shops, and muffler repay shops),chemical manufacturers, dry cleaners electric component manufacturers, small machine manufacturers, die and tool manufacturers. commer- aal printers, asphalt manufacturers, and carwashes where engine or undercarriage washing is per formed and any other commercial or industrial facility with a Class V disposal or erainage well loth'', than stormwater drainage wells). • State and Local Government Road facilities, fire stations, and solid waste management facilities. Federal Government Any Federal agency that owns or operates one of the above entities. • This table is not intended to be applicability of this action to a 2.1994 Consent Decree With the Sierra exhaustive,but rather provides a guide particular entity, consult the person Club for readers regarding entities likely to be listed in the preceding FOR FURTHER 3. 1995 Proposed Rule regulated by this action. This table lists INFORMATION CONTACT section. 4. 1996 Amendments to the Safe Drinking the types of entities;that EPA is now Water rut aware could potentially be regulated by Preamble Outline 5. 1997 Consent Decree With the Sierra this action. Other types of entities not I. Format and Scope of Proposed Rule Club listed in the table could also be 11.Background 6. 1998 Stakeholder Meetings and Small A.Statutory and Regulatory Framework Entity Outreach regulated.To determine whether your injection well is regulated by this B. Requirements Applicable to Class V III.EPA Strategy for Class V Well action, you should carefully examine Wells - - Management the applicability criteria in§§144.81 C. History of this Rulemaking A.Initial Rule for High-Risk Well Types in and 144.85 of the proposed rule. If you 1. 1987 Report to Congress on Class V Source Water Protection Areas have questions regarding the Wells Federal Register/Vol. 63, No. 145/Wednesday. July 29, 1998/Proposed Rules 40587 B.Further Study of Additional Class V A.Executive Order 12866 reiterated in. or, in some cases. moved ' Well Types B. Children's Health Protection and to Subpart G for the sake of clarity are IV. Integration of the Cass V Rile With the Executive Order 13043 not open for public comment. Instead. Source Water Assessment Program C. Paperwork Reduction Act A.Overview of the Source Rater D. Regulatory Flexibility Act EPA is accepting public comment only Assessment Program E. Enhancing the Intergovernmental on the proposed new requirements, B.Class V Rule Focus on Source Water Partnership which include (I) some of the minor Protection Areas F. Unfunded Mandates revisions onginally proposed in the I. Proposal G. National Technology Transfer and August 28. 1995 notice. which are 2. Alternatives Advancement Act C. Other Connections Between the Class V H. Environmental Justice repeated today to provide a complete Rule and Source Water Assessment I. Effect on States With Primacy and coherent picture of all Class V Program changes being contemplated,and (2) V. Proposed Class V Well Requirements I. Format and Scope of Proposed Rule additional requirements being proposed A.Categories of Class V Wells Today's notice proposes to for the first time today. Table 1 below B. Requirements for Motor Vehicle Waste consolidate Class V UIC regulations in identifies those sections of the proposed Disposal Wells a new Subpart G to 40 CFR Part 144. regulation on which EPA is, and is not. I. Proposal to Ban New and Existing Wells This subpart is written in a simple-to- accepting comment. 2. Proposal to Ban New Well;and Require understand, plain-English format. Existing i�;ng Wells to Either Close or Get a Btefore reading the rest of this preamble, Today's proposal. does not solicit Class V well owners and operators comments on other minor amendments 3. Alternative should review the proposed new proposed on August 28. 1995 that have C. Requirements for Class V Industrial P P nothing to do with Class V wells.These wells regulation that presents the enforceable are amendments to§144.23 to clearly 1.Proposal legal requirements they need to know rule authorize Class IV wells used to 2. Alternatives about.This preamble does not repeat inject treated water into the same D. Ban of Large-Capacity Cesspools any of the requirements contained in the E.Exclusion Criteria for Septic Systems proposed rule,but rather provides formation from which it came if such and Cesspools background and additional rationale not injection is approved by EPA or a state F.Other Amendments included in the regulation and solicits as part of a remediation program,and to 1.Sections 144.3 and 146.3--Definitions comments on alternative re uirements. §146.10 to include plugging and 2. 1 Sections 144.6 and 146.5--Classification Because the new Subpart G abandonment requirements for Class IV of 3.Existing Regulations Being Reiterated or consolidates the Class V UIC regulations wells.At the same time EPA takes final Replaced in 40 CFR Part 144.Subpart G in one place, it includes portions of the action on today's proposal. EPA will 4.Part 145—State UIC Program existing regulations together with issue a final ruling on these other Requirements proposed new requirements.The amendments based on public comments VI. Regulatory Impact existing regulations that are being received on the 1995 proposal. • TABLE 1.,SECTIONS OF PROPOSED REGULATION OPEN FOR PUBLIC COMMENT Open for public comment Not open lot public comment New requirements in today's proposal Minor amendments proposed on August 28, Existing requirements inducted in plain Em lish 1995 format §144.1(1) reference to Subpart 13, Part 144 §144.1(g) specific inclusions and exclusions §144.80 descnption of 'the five classes of in- jection wells(reiterates existing§144.6). §§144.3 and 146.3 definition for sanitary §§144.3 and 146.3 definitions for cesspool. §144.32 (a) through (e) prohibition of fluid waste. • drywell, Improved sinkhole, septic system, movement(reiterates existing§144.12). si_zsurface If..iddistribution syste,n, well, ' and well injection. §§144.6(e) and 146.5(e) description of Class §144.6(a)(3) and 146.5(a)(3) classification of §144.83 inventory requirements for Class V V injection wells. radioactive waste disposal wells. wells (moved from §144.26(b)(1)(iii) and (e)), except the proposed new inventory re- - quirement for well conversions :a §144.83(a)(2)(iii), whidl is open for public comment. §§144.31 definition of 12 types of Class V in- jection wells. §§144.83(a)(2)(iii) requirement to submit new inventory information if a well in a DI Pro • - gram is convened to an industrial well. §§144.84(b)(2) and (b)(3) description of dr- §144.84 desorption of when Class V injection cumstances in which permits or other action is authorized by rule (moved from existing is required. §144.24), except the circumstances in §144.84(b)(2) and (b)(3) in which permits or other action is required for Class V cess- pools, motor vehicle waste disposal wells, and industrial wells. which is open for public comment. §144.85 description of when additional re- quirements apply to Class V cesspools. motor vehicle waste disposal wells, and in- dustrial waste disposal wells. 'i 4O588 Federal Register/Vol. 63. No. 145/Wednesday, July 29. 1998/Proposed Rules TABLE 1.—SECTIONS OF PROPOSED REGULA-:CN OPEN FOR PUBLIC COMMENT--Continued Open Ior stoic comment • Not open Ior public comment New requoements in today's proposal i Minor amendments proposed on August 28, Existing requirements included in plan Er glistl 1995 l format •§144 36 additional reet.Ilaments or certain - Class V cesspools, motor vehicle waste pis- posal wells. area industrial waste disposal • wells. §144.87(a)(2) discussion of available alter- I §144.97(a)(1) closure requirements for Cass natives for disposing at waste fluids. I V cess000ls. motor vehicle waste disposal wells, and industrial waste disposal wells subject to §144.86. II. Background program is implemented directly by water regulation under 41; CFR part 142 R. Statutory and Regulatory Fremework EPA) or the Director of the Primacy or may otherwise adversely affect State program (where the state is human health. Section 144.12 (c) and Class Vwells are regulated under the responsible for implementing the (d) prescribe mandatory and authority of Part C of tae Safe Drinking program). Also, currently all Class V discretionary actions to he taken by the Water Act (SDWA or Lie Act) (42 U.S.C. UIC Programs in Indian Country are Director if a well is not in compliance 300h et seq.). The SDWA is designed to directly implemented by EPA. with §144.12(a). Specifically, the, - protect the quality of drinking water in Therefore, for the remainder of this Director must choose between requiring the United States,and Part C preamble, references to DI Programs the injector to apply for an individual specifically mandates he regulation of include Class V programs in Indian permit, ordering such action as closure underground injection of fluids through Country. of the well to prevent endangerment, or wells. The Agency has promulgated a series of underground injection control B. Requirements Applicable to Class V taking ane menu action. Wells Owners or operators of Class V (UIC) regulations under this authority. injection wel Is must also submit basic Section 1421 of the Act requires EPA The UIC regulations establish five inventory and assessment information to propose and promulgate regulations classes of injection wells.Class I wells under§144.25. In addition,Class V specifying minimum requirements for are used to inject hazardous and non- wells are subject to the general program state programs to prevent underground hazardous waste beneath the lowermost regui7ements of§144.25 under which _ injection that endangers drinking water formation containing an underground the Direwor may require a permit, if. sources. EPA promulgated source of drinking water(USDW) within necessary, to protect USDWs. Moreover, administrative and permitting one-quarter mile of the well bore.Class under§144.^7, EPA may require regulations, now codif.ed in 40 CFR II wells are used to inject fluids owners or operators of any Class V well, Parts 144 and 146,on May 19. 1980 (45 associated with oil and natural gas in EPA-administered programs,to • - FR 33290),and technical requirements recovery and storage of liquid submit additional information deemed in 40 CFR Part 146 on rune 24, 1980 (45 hydrocarbons. Class III wells are used in necessary to protect USDWs.Owners or FR 42472). The regulations were connection with the solution mining of operators who fail to submit the subsequently amended on August 27. minerals. Class IV wells are used to information required under§l 144.26 1981 (46 FR 43156),February 3,1982 inject hazardous or radioactive wastes and 144.27 are arohibited from using ' (47 FR 4992),January 21, 1983 (48 FR into or above a formation that is within their injection wells. 2938), April 1, 1983 (43 FR 14146),July one-quarter mile of a USDW. (Class IV 26, 1988 (53 FR 28118),December 3. wells are generally prohibited by 40 C. History of This Rulemaking 1993 (58 FR 63890),June 10, 1994 (59 CFR§144.13.)Class V wells are defined While implementing the above • FR 29953). December 14, 1994 (59 FR in the regulations as any well not requirements. EPA has inventoried and 64339),and June 29, 1995 (60 FR included in Classes I through IV. assessed Class V wells and has pursued 33926). Class V wells are currently authorized new rulemaking activities and non- Section 1422 of the Act provides that by rule (§144.24(a)). Well authorization regulatory approaches to Class V well states may apply to EPA for primary expires upon the effective date of a management. Major milestones during responsibility to administer the UIC permit issued pursuant to §§144.25, this process leading to today's proposal program(those states receiving such 144.31, 144.33,or 144.34, or upon are summarized below. authority are referred to as"Primacy proper closure of the well. The current States"). Where states do not seek this regulations subject Class V wells to the 1. 1987 Report to Congress on Class V responsibility or fail to demonstrate that general statutory and regulatory Wells they meet EPA's minimum prohibitions against endangerment of In accordance with the 1986 requirements.EPA is required to USDWs,as well as some specific Amendments to the SDWA,EPA . prescribe,by regulation,a UIC program requirements. Under§144.12(a), owners summarized information on 32 ror such states. These c.irect or operators of all injection wells, categories of Class V wells in a Report implementation (DI) programs were incl.:dins Class V injection wells, are to Congress entitled Class V Injection • promulgated in two phases. on May 11, prohibited from engaging in any Wells—Current Inventory; Effects on - 1984 (49 FR 20138) and November 15, injection activity that allows the Ground Water:and Technical 1984 149 FR 45308). For the remainder movec.ert of fluid containing any Recommendations, September 1987 of this preamble, references to the UIC contaminant into USDWs, if the (EPA Document Number 570/9-87— Program "Director" mean either the presence of that contaminant may cause 006).This report presents a national Director of the EPA program (where the a violation of any primary drinking overview of Class V injection practices Federal Register/Vol. 63. No. 145/Wednesday, July 29. 1998/Proposed Rules 40589 and state recommendations for Class V proposed rulemaking intended to fulfill the risks posed by industrial waste design, construction. installation.and EPA's obligation under the 1994 consent disposal wells. motor vehicle waste siting requirements. These state decree with the Sierra Club(60 FR disposal wells, and large-capacity recommendations,however,did not 44652, August 28. 1995). In this notice, cesspools in delineated source water give EPA a clear mandate on what, if EPA proposed not to adopt additional protection areas.as described below. any,additional measures were needed federal regulations for any types of Class This belief was echoed in some of the to control Class V wells on the national V injection wells. Instead. the Agency public comments received on the level. For any given type of well, the proposed to address the risks posed by proposed rule anc in recent stakeholder recommendations can vary broadly and certain wells using existing authorities meetings. Second. EPA believes that the are rarely made by more than two or and a Class V management strategy 1995 proposed rule did not provide for three states. For example. the designed to (1) speed up the closure of adequate public health protection recommendations for septic systems potentially endangering wells: and (2) nationwide. Spec::3cally, it did not range from further studies (3 states) to promote the use of best management establish a clear baseline program for statewide ground water monitoring(1 practices to ensure that other Class V states to follow and, therefore, even state). For industrial waste water wells, wells of concern do not endanger though the authority exists.states could some states recommend immediate USDWs. Several factors led EPA to allow inadequate.:ontrols in those action and closure while otaers propose this approach, including: (1) situations where there is inadequate recommend monitoring and ground the wide diversity in the types of fluids information and/or inadequate water evaluation studies. being injected, ranging from high risk to resources to address Class V wells. On 2. 1994 Consent Decree With the Sierra not likely to endanger; (2) the large the other hand, it has been suggested Club number of facilities to be regulated:and that the additional information expected (3) the nature of the regulated to be generated Ihrou.gh the source water On December 30, 1993, the Sierra community, which consists of a large assessment program, including an Club filed a complaint against EPA in proportion of small businesses. inventory of sources of contamination the United States District Court for the EPA received many comments that and an assessment of the vulnerability District of Columbia alleging that EPA supported the Agency's proposal to not of public water systems to such - failed to comply with secticn 1421 of impose more regulations for Class V contamination could strengthen the the SDWA regarding publication of wells. Cornmenters who supported the 1995 approach. If commenters wish to proposed and final regulations for Class rule included some states and industries submit comments on this issue they are V injection wells. In particular,the that use Class V injection wells. In welcome to do so. complaint alleged that EPA's current general,these commenters-supported regulations regarding Class V wells do the rule because it provided maximum 4. 1996 Amendments to the Safe not meet the SDWA's statutory flexibility to states to use existing Drinking Water Act. _ requirements to "prevent underground authorities to address high-risk site The 1996 Amendments to the SDWA injection which endangers drinking specific factors. However, EPA also establish a new and flexible approach to water sources." (Complaint,Paragraph received a number of comments that drinking water protection. In particular • 15) raised concerns about the proposal, the Amendments make source water On August 31, 1994,EPA entered into primarily from states and an protection a national priority.They a consent decree with the Sierra Club environmental group. In particular, - create requirements and incentives for which required that no later than several commenters questioned whether Primacy states to assess their own August 15, 1995,the Administrator sign a CC program without additional source waters, including the a notice to be published in the Federal requirements for what they believed to susceptibility of public water systems to Register proposing regulatory action be relatively high-risk well types. contamination,and to encourage states that fully discharges the Administrator's including Class V industrial waste to establish source water protection rulemaking obligation under section disposal wells and cesspools.could programs that fit their particular needs 1421 of the SDWA,42 U.S.C:. 300h,with prevent endangerment to drinking water and conditions. respect to Class V injection wells.In this sources as required by the SDWA. These As discussed in more detail in section notice,EPA had to (1)propose commenters claimed that at least some IV of today's preamble,EPA believes it additional regulations with respect to all types of wells pose a known threat to is necessary to re-propose Class V UIC Class V injection wells, (2) propose a USDWs and that lack of data or ability regulations that are integrated with decision that no further rulemaking for to address the entire threat posed by these new programs for source water these wells is necessary,or(3) propose Class V wells does not justify failing to protection. For example. today's additional regulations for some Class V act to address at least part of the threat. proposal focuses on source water injection wells and a decisicn that no EPA. now believes that the 1995 protection areas,consistent with the further rulemaking is necessary for the proposal was inadequate to protect national priority established by the 1996 remaining wells(Consent Decree, USDWs for two main reasons. First,the SDWA Amendments. Today's proposal Paragraph 2).The consent decree further 1995 approach proposed to address all also would provide incentives for states required that, no later than November Class V wells regardless of the level of to complete source water assessments in 15, 1996,the Administrator sign a final risks they pose to USDWs. with one a timely manner,reinforcing other rulemaking notice to be published in the regulatory approach. Specifically the actions the Agency is taking to achieve Federal Register Fully discharging the proposed approach did not provide a the goal of enhanced protection of Administrator's rulemaking obligations clear set of regulatory requirements for source waters. under section 1421 with respect to Class different categories of wells based on - V injection wells(Consent Decree, their level of risk. As a result. the 5.1997 Consent Decree With the Sierra Paragraph 3). proposed rule did not adequately Club 3. 1995 Proposed Rule - address high-risk wells that threaten The Sierra Club Legal Defense Fund public drinking water supplies. EPA submitted comments on the 1995 On August 15, 1995. the now believes that specific regulatory proposed Class V vile alleging that the Administrator signed a notice of requirements are necessary to control proposal failed to carry out statutory 40590 Federal Register/Vol. 63. No. 145/Wednesday. July 29. 1998 /Proposed Riles requirements. As noted above.based on identified high-risk Class V injection environmental protection goals while these and other comments. EPA decided wells. That proposal will supersede the minimizing impacts to small business. to reconsider its proposed approach. 1995 proposal with respect to all This process,along with the Panel's Because this reconsideration would remaining Class V wells. The findings and recommendations,are extend the time necessary to complete Administrator must sign a final presented in the April 1998 "Report of the rulemaking for Class V wells. EPA rulemaking for these remaining Class V the Small Business Advocacy Review and the Sierra Ctub entered info a wells by no later than May 31. 2002. Panel on the Revisions to the modified consent decree on January 28, 6. 1998 Stakeholder Meetings and Small Underground Injection Control 1997 that extends the dates for Entity Outreach Regulations for Class V Intention Wells,"" rulemaking that had been in the 1994 available for review in the public docket decree.The modified decree requires To help shape today's proposal.E°A supporting today'; proposal. three actions. First,by no later than July convened three stakeholder meetings to Today's notice incorporates all of the 15, 1998 (EPA used one of its 30 day inform potentially affected entities of recommendationson which the Panel extensions to the original June 18, 1998 the requirements under consideration reached consensus. In particular. the deadline), the EPA Administrator must and to solicit feedback. One meeting Panel recommended that the rop proposal ry sign a notice to be published in the was in Washington,DC.on Janua 20, offer alternatives to the proposed ban of Federal Register proposing regulatory 1998. one was in Chicago. IL on Januar Class V motor veh..cle waste disposal action that fully discharges the 27, 1998, and one was in San Francisco. wells. Therefore, in addition to the Administrator's rulemaking obligation CA on February 19. 1998. under section 1421 of the SDWA with As required by the Small Business proposed ban. today's notice presents a respect to those types of Class V Regulatory Enforcement Fairness Act of co-proposal in bola the preamble and injection wells presently determined to 1996 (SBREFA),ED also has proposed regulatory language.as well as be high risk by the Administrator(based conducted outreach directly to another alternative that is discussed in on the additional study described representatives of small entities that the preamble only (see section V.B of below, other types of Class V wells may would be affected by the proposed rule. the preamble and §144.84(b) and be found to pose a high risk and warrant In consultation with the Small Business §144.86 of the proposed regulation). additional regulation later). This notice Administration (SBA),EPA identified The Panel also recommended that UIC must either (1) propose regulations fully 17 representatives of small entities that Program Directors be allowed to extend implementing section 1421 of the were most likely to be affected by the the time to comply with the new SDWA with respect to the types of Class Proposal. In December, 1997,EPA requirements from 90 days to up to a V wells currently known to pose a high Prepared an outreach brochure titled year in certain situations. This "Possible Changes to Class V UIC recommendation has been adopted in risk,er(2 propose a decision sa yt nog today's notice(see sections V.B and V.C further ge the is necessary in t order anOperators Requirements: Information f Class V for Owners of the preamble and §144.85(a) and(1) to fully discharge Administrator's and Operators of Class V Injection rulemaking obligation with respect to Wells" (available for review in the and §144.86 of the proposed such high-risk wells,or(3) propose public docket supporting today's regulation).Other changes made in regulations fully implementing section notice). This brochure was distributed response to Panel recommendations 1421 with respect to some of these high- to the small entity representatives and include the following:the proposed risk Class V wells, and propose a EPA convened a two-hour conference definitions of industrial wells and decision that no further rulemaking is call with these representatives on drainage wells have been revised to necessary in order to fully discharge the January 15. 1998. Also in January, 1998, make sure wells intended for • Administrator's rulemaking obligations EPA presented the new Class V stormwater management are(subject to with respect to the remaining high-risk requirements being considered to the certain conditions)regulated as drainage Class V injection wells.According to the SBA Environmental Roundtable. wells not industrial wells(see section consent decree,the Administrator must Efforts to identify and incorporate V.A of the preamble and§144.81W) and sign a final rulemaking for high-risk small entity concerns into this (e) of the proposed regulation): • Class V wells by no later than August rulemaking culminated with the additional data and rationale have been 31, 1999. (Consent Decree,Paragraphs convening of a Small Business added to the preamble to support EPA's 2a and 2b). Today's proposal has been Advocacy Review Panel,as required by belief that motor vehicle waste disposal developed in response to this first SBREFA.This Panel was headed by wells in source water protection areas required action and supersedes the 1995 EPA's Small Business Advocacy pose a high risk(see section V.B.1);the proposal with respect to these high-risk Chairperson with the Office of Policy, preamble discussion of regulatory wells. Planning and Evaluation, and consisted impacts has been expanded to describe Second,by no later than September of the Director of the Office of Ground and solicit comments on the approach 30, 1999, EPA must complete a study of Water and Drinking Water within EPA's used to estimate the type and number of all Class V wells not included in the Office of Water,the Administrator of the small entities potentially subject to the rulemaking on high-risk Class V Office of Information and Regulatory rule (see section VL:D);the proposed injection wells(Consent Decree. Affairs within the Office of Management definitions of"industrial" and "other Paragraph 2c). Based on thts study,EPA and Budget, and the Chief Counsel for industrial"wells have been revised to may find that some of these other types Advocacy of the SBA. For a 60-day clarify that wells injecting wastewater of Class V wells also nose a high risk. period starting in February 1998.the from carwashes qualify as industrial Third.by no tater ban April 30, 2001, Panel reviewed technical background wells subject to be rule only if the EPA Administrator must sign a information related to this rulemaking, specifically set up for engine or notice to be published in the Federal reviewed comments provided by small undercarriage washing(see section V.A . Register proposing to discharge the entity representatives, and met on of the preamble and §144.81(b) and(1) Administrator's rulemaking obligations several occasions with EPA and the of the proposed regulation);the • under section 1421 of the SDWA with small entity representatives to identify preamble has been revised to introduce respect to all Class V injection wells not issues and explore alternative a report submitted by the National included in the rulemaking for currently approaches for accomplishing Funeral Directors Association on funeral Federal Register/Vol. 53. No. 145/Wednesday. July 29. 1998/Propose-:. Rules 40591 home septic systems and to request accordance with state and local are welcome to saomit their views on comments on the merits of moving such requirements to treat wastes before whether or not they agree with EPA's systems into the other industrial well releasing them into the soil. These Panel position. If commenters disagree with category (see section V.A.; the preamble members suggested that for such EPA's position they should discuss has been expanded to clarify that Class contaminants (e.g., metals, which specific contaminants and conditions V wells at motor vehicle service generally do not travel far from the for which an alternative regulatory facilities may not be subjectto the rule point of injection unless iniected approach wail.a ae appropriate and if motor vehicle waste fluids are directly into the water table) EPA provide data supporting their position. prevented from entering the well (see should try to identify conditions (e.g.. Heston V.B.W. the preamble has been soil type, water table depth. distance to III. EPA Strategy for Class V Well expanded to elaborate on the rationale nearest drinking water well) that would Management for and ask for comment on the allow injection of the contaminants Today EPA is proposing an expanded proposed statewide coverage of the new without endangering drinking water Class V well management strategy to requirements in states that fail to sources. In making this suggestion they resolve major issues raised in public complete their source water assessments noted that to be workable,such - comments on the 1995 proposal. to by May 2003 (see section [V.B.1 and 2): conditions would have to be easily embrace priorities and help achieve the preamble and the supporting verifiable.They also suggested that EPA goals defined under the 1996 economic analysis have been revised to consider expanding the flexibility Amendments to the SDWA. and to acknowledge and account for the available under the permitting option fulfill the first phase of the Agency's cleanup requirements that may be for motor vehicle wells to allow UIC requirements under the 1997 consent triggered by the proposal to close _artain Program Directors to permit discharges decree with the Sierra Club. Class V weir and to account for the that exceed an MCL at the point of As discussed in section II.B above, likely overlap between areas where injection if this would not endanger Class V wells are currently authorized Class V wells are locates. and source USDWs.based on site specific by rule as long as (1) they do not water protection areas (see section circumstances. endanger USDWs,and (2) the well V.B.1):the proposed regulatory language EPA believes that its proposed owners or operators submit basic has been expanded to identify ways approach to regulate cesspools. inventory and assessment information. well owners or operators can learn if automotive service station wells and If a Class V well may endanger USDWs, they are in a source water protection industrial wells is consistent with its UIC Program Directors can require the area (see §144.85(g)); and the preamble long-standing interpretation of the injector to apply for a permit, ermit order has been expanded to explain the statutory requirements to assure the - preventive actions(including closure of rationale for and ask for comment on protection of underground sources of the well) to prevent the violation. proposing monitoring requirements for drinking water. EPA also believes that require remediation to assure USDWs motor vehicle waste disposal wells but developing a set of conditions within are protected,or take enforcement not industrial wells(see section V.H,3). which a Class V well owner or operator action.These,and other existing, federal The Panel did not reach consensus on could inject waste that exceeds drinking requirements and authorities will two issues. One issue concerned the water standards without endangering continue as basic elements of EPA's basis for regulation.with some Panel drinking water sources would not be a Class V strategy, applicable to all Class members questioning whether EPA had viable option for mc.::. ;mall entities an adequate basis to conclude that the because of the difficulty and expense V wells in all areas. non-regulatory approach proposed in involved in collecting the site-specific Consistent with the 1997 decree, EPA 1995 was inadequate. In response to this hydrologic,geologic.and soil is taking a step-wise approach to issue, today's preamble includes information necessary to determine if supplement the existing program and additional discussion exalaining why waste,above the MCL.could be injected ensure Class V injection wells do not EPA now believes the 1995 proposal is without endangering the underlying endanger USD1Vs.This approach inadequate and why the proposed new USOW. Additionally,EPA questions consists of(1) an initial rule creating regulation, 'r, necessary (see sect'cn whether it would be possible to develop additional requirements for high-risk II.C.3). such conditions because of the difficulty Class V well types in ground water- The other issue concerned the of anticipating certain events(such as based source water protection areas:and proposed requirement for industrial high volume spills. illicit discharges, (2) further study of other types of Class well injectate to meet MCLs at the point the siting of new drinking water V wells not covered in the initial rule of injection, with some Panel members supplies wells.and improper system- to provide the factual basis for further suggesting the EPA consider the maintenance) that could endanger regulatory action, as necessary. possibility of allowing the injectate to underlying USDWs. A. Initial Rule for High-Risk Well Types meet some higher multiple of the MCL However, EPA is requesting comment in Source Water Protection Areas (e.g.. 10 or 100 times the MCL) for on its position. Some commenters have certain contaminants under certain suggested that there are situations where As the first step of its Class V strategy. conditions,in recognition of the fact a facility could inject waste that exceeds EPA is today proposing to add that some contaminants are significantly some MCLs in source water protection requirements for three categories of attenuated by percolation through soil areas without endangering drinking Class V injection wells determined to be prior to reaching the water table,and water supplies. EPA believes these the highest risk by the Administrator. most are diluted within the aquifer prior situations are extremely rare and that, if The three categories are: (1) motor to reaching a public water system. There allowed to inject above the MCL. the vehicle waste disposal wells, (2) are several research reports in the vast majority of facilities would pose an industrial wells.and (3) large-capacity docket which discuss the question of endangerment to current and future cesspools. when any of these wells are attenuation of volatile organic water supplies.EPA's proposed located in source water protection areas compounds and metals in the soil. regulatory approach to require facilities delineated for community water systems under various conditions. In addition. to meet MCLs is designed to be and non-transie.-u non-community water many exis:irn; '.veils ire designed in protective of public health. Commenters systems that use ground water as a 40592 Federal Register/Vol. 63. No. 145/Wednesday. July 29. 1998/Proposed Rules source., Source water pro:ection areas, on fluids released into the wells and all current and potential USDWs From to be defined by states in accordance site-specific conditions. However, pollution by injection wells. The source with the 1996 Amendments to the available data regarding the risks posed water assessment program is structured SDWA. will identify places critical for by other Class V wells are insufficient to identify ail potential sources of the protection of most public drinking for EPA to conclude that additional contamination within areas that now water supplies. federal regulation is necessar+ at this provide short-term recharge 'o public In such'delineated areas,today's time. Therefore.as the second steo of water supply wells and surface water proposal would ban ne'.v Class V motor the Class V strategy, EPA will continue intakes. veh'iu.e '.vaste d:sposai .v;.s. as well as to study all of the categories of Class `• A. Overview of the Source Voter new cesspools having the capacity to wells not addressed in today's proposal Assessment Proeram serve 20 persons or more per day. to determine the need for additional .. Existing Class V motor vehicle waste regulations. In the meantime. EPA will Section 1453 of the SDWA disposal wells in delineated areas continue to rule authorize the other Amendments of 1996 (Pub. L. 104-182) would either be banned or required to categories of Class V wells and actively establishes a new requirement for get a permit specifying that released control them by implementing and source water assessments. EPA fluids must meet primary drinking enforcing the existing regulations.This published guidance describing how the water maximum contaminant levels will include enforcing the §144.12 states should carry out a source water (MCLs) at the point of injection. Existing prohibition against the endangerment of assessment program within the state's large-capacity cesspools in delineated USDWs,calling individual problem boundaries.The final guidance, entitled areas would have to be phased out wells in for a permit under§144.25 State Source Water Assessment and within. five years. Owners or operators authority, and requiring the submittal of Protection Programs Guidance(EPA of Class V ins.stnai wells in delineated additional information deemed ,816—R-97-309),was released in August areas would either have to close their necessary to protect USDWs in 1997 and is available in the docket for wells or make sure the fluids they inject accordance with §144.27. today's proposal. meet the MCLs at the point of injection. At the same time,EPA expects and Source water assessment programs As discussed later in this preamble, strongly encourages states to use comprise essentially the first three steps the conclusion that these Class V wells existing UIC authorities to ensure all of a full prevention program. First,a pose a high risk when located in ground Class V wells are not endangering program must delineate the boundaries water-based source water protection USDWs.These efforts should not be of the assessment areas in the state from areas is based on substantial limited to wells in source water which one or more public drinking information and the combined protection areas,which have received water systems receive supplies of professional judgment of EPA and state national priority under this regulation. drinking water. In delineating these geologists and engineers that are There may be other sensitive areas, areas,states must use"all reasonably responsible for implementing the Class outside of delineated source water available hydrogeologic information on V UIC program.EPA requests comment protection areas,that warrant more the sources of the supply of drinking on this position. Specifically,do • stringent control on a state or local water in the state and the water flow, commenters believe that it is level. Nothing in this rule precludes a recharge,and discharge and any other appropriate to designate motor vehicle state or local government from reliable information as the state deems and industrial wells in delineated areas promulgating more stringent necessary to adequately determine such as high risk and regulate them under requirements above and beyond existing areas."Second, the state must identify this proposal or.alternatively,do UIC authorities. contaminants of concern,and for those commenters believe that there is a better contaminants,the state must inventory (i.e., more or less inclusive) B.Further Study of Additional Class V significant potential sources of categorization that EPA could use to Well Types contamination in delineated source identify high risk wells?Commenters The second step in the strategy will water protection areas.Third,the state are encouraged to provide data involve continuing study to assess the must"determine the susceptibility of supporting their position. j size and impact of the Class V well the public water systems in the Available information presented in universe not addressed by today's delineated area to such contaminants." the Report to Congress and summarized proposal.Other types of Class V wells States must submit their proposed in the 1995 proposal also suggests that are not covered by today's proposal source water assessment programs to there may be other categories of Class V because more information is needed to EPA no later than 18 months after wells that pose a high risk. Individual determine whether additional federal publication of the Source Water wells in any of the Class V categories regulation for these other well types is Assessment and.Protection Programs also may endanger USDWs. depending necessary,and if so. what that Guidance.which would be February additional regulation should entail. 1999. EPA then has nine months,until 'As defined in the drinking seater regulations at Therefore,EPA will undertake further November 1999.to approve or 40 CFR 141.2.a"community water system"is a study to assess risks. fill existing disapprove the submitted state program. public water system that serves at least 15 service information gaps.and provide a factual Once approved,a state should complete connections used by year-round residents or regularly serves at least 25 year-round residents.A basis for any further regulatory action. its source water assessments by no later than November 2001, or if EPA grants "non-transient m non.comunity water system"is a public water system that is not a community water IV. Integration of the Class V Rule With an extension.by May 2003.For system and that regularly serves at least 25 of the the Source Water Assessment Program purposes of this proposed rule, a state same people over six months a year.Non-transient Today's proposal has been developed program is considered complete when non-community water systems may include systems that Provide water to day care centers.government/ to productively use and promote the state program has been approved by' maiter.instailaticns,manufacurers.hospttaie or linkages between the Class V UIC EPA and all its local assessments for nu:sing homes.office buildings.schools.and other program and EPA's developing source community and non-transient non- facilities..1"transient non-community water water assessment program. Both community water systems have been system"provides a less regular source of water. such as to people visiting rest ereas and programs are authorized by the SDWA. completed. This means that all local campgrounds. The UIC Program is designed to protect assess-:eats sr:,hin a state have Federal Register/Vol. 63. No. 145/Wednesday, July 29. 1998/Proposed Rules 40593 performed the three required steps of Treatment Rule; and delineations or and Protection :'rcvrams Guidance. the delineation. source ident:fication, and assessments of surface or ground water new Class V requirements would appi•, susceptibility analysis. This proposed sources under programs or plans statewide because them would be no rule does not regulate wells within the pursuant to the Federal Water Pollution way of knowing which wells :n the stare _-otectior areas for C'ntrol Act. - -cihle transient non-community water V exception wouu oe ti a ;:ate completed systems. Therefore, for purposes of this B. Class Rule Focus on Source water local source water assessments in one proposed rule, assessments for these Protection Areas geographic area, the state would know systems do not have to be performed for 1. Proposal which wells within that specific toe state program to be considered Today's proposal focuses on source geographic area pose the highest risk. complete. water protection areas as a key element The requ:remer.ts would apply Other features of the program include for the protection of USDWs. Areas statewide permanently, even if a state the new section 1452 grant program, which established the Drinking Water delineated under a state source water completed its source water assessment assessment program represent, at a program at some later time after May State Revolving Fund. Grants under section 1452 maybe used to assist the minimum, areas designated to receive 2003. EPA realizes that some states in financ..ng the source water top priori ty for the protection of public commenters may;,'Zink that it is assessment program and most states drinking water supplies. Consistent unreasonable, unfair, or unnecessary to have elected to use the grants for this with this prioritization, this rule would permanently apciy the new purpose. In addition. connections target the high-risk Class V wells in requirements statewide if a state's between the source water assessment delineated source water protection areas source water assessment program is not program and relief from toe for public water systems that use ground complete by May 2003.but is completed contaminant monitoring requirements of water as a source. some time later. However, EPA believes the SDWA provide an incentive for Figure 1 shows how the proposed this is the best approach for two states to complete implementation of Class V rule would be linked with the reasons. First,this approach would the source water assessment program source water assessment program in provide a strong incentive for states to within a relatively short terms of major milestonesand (two-year)Yearl areas establish and complete a source water timetable.For a state to tailor alternative covered. According to the 1997 consent assessment program in a timely manner, monitoring requirements for public decree with the Sierra Club (as consistent with the goal under the 1996 water systems under a ne,v permanent modified), the new Class V SD%VA Amendments. Second, applying monitoring relief provision contained in requirements would be finalized by the requirements statewide starting in the 1996 Amendments,a state must August 1999.The requirements would May 2003 and then changing to apply have an EPA-approved source water then become effective in DI Programs the requirements only to delineated assessment program. Moreover,any within 60 days,or by October 1999. areas when programs are completed public water system seeking alternative Primacy States would have 270 days.or some time afterward would be very monitoring requirements under a state's until May 2000,to submit for EPA's confusing and difficult to implement, permanent monitoring relief authority approval any program revisions needed both for well owners or operators and must have a complete source water to implement the new requirements. for UIC regulatory agencies.EPA assessment. Assuming it takes three months for EPA believes this confusion and difficulty Section 1453 expresses Congress' to approve these revisions,the new would ultimately result in the new intent that states use data generated requirements would become effective in requirements not being implemented under other programs.To avoid Primacy States by August 2000. If the effectively to ensure the protection of duplication and encourage efficiency, source water assessment program in a USDWs.The next section of this the source water protection area state is complete by the effective date of preamble on alternatives provides delineation and source identifications the rule (either October 1999 for DI further discussion of a permanent are specifically encouraged to make use Programs or around August 2000 for statewide ban and possible alternative of any of the following:vulnerability Primacy States),the new requirements assessments, sanitary surveys,and would apply only to delineated source approaches. It should be noted, monitoring programs:delineations or water protection areas. If some but not however,that nd the exception of assessments of ground water sources all local assessments in a state have Wyoming and Indian Country as under a state wellhead protection been completed by that time,meaning discussed below. EPA fully expects program:delineations or assessments of that the state program is not complete, states to meet the deadline because the surface or ground water sources under then the new requirements would apply ground water component of source a state pesticide management plan: to delineated areas where local water assessment programs is likely to delineations or assessmer.ts of surface assessments are complete. If all local be based on the Wellhead Protection water sources under a stale watershed assessments are not done by May 2003, Programs already established in most initiative or to satisfy the watershed which is the time by which state states. Therefore, the point is expected criterion for determining if filtering is programs should be complete according to be moot in most places. required under the Surface Water to the State Source Water Assessment BILLING CODE 8680-sa-O 40594 Pederal Register'Vol. 63. No. 145/Wednesday. July 29. 1998/Proposed Rules I I I 1 I I "m 5 I I I 1 • a I 1 i• o \NN ' • II o as Ta. Z Tad = 21-3 enN _ as 5 m in I I 1 • I • > tY —' I I 5 (., > I I<a cal 1 3 J A I I 3 3 ✓ U —� I I 2 o m -0 1 I a I g o 1r4 I 2 IiFrszuh%' )4fl :co —N1 1 _ I I rI I lb E Ip., Ian, '"•" It,,, I A9N. to on- 5 Pa C r it, i. , A p " - s , , • cn• c, 2111 1.11-11 ik L 1-4-is f ill At > g Sa a � is co 1 I Gh -13.111&E is I 5r ra G .. u A S ,� 8 � a@ ' ill T �23. �. a $bs I �{�_m a § E U ,- J.: A b a$$�T€ $ li m 15 g I e pt I HI W m t�„ z 3 5 �. I 5 u a. u�a b a S q a f. E 8 8 8 E g1 20 < .re a 1 1 I E 1 ; D aS E S i = e0 z 9I N CY A y t 311 c A o b % < < and y C b' o vii v;i 2 g 3 ,a O zw, ial A e 7 = gE m"Aco— „'a gz h 5 3 1 (n G N W& Na, N`q 9ILUNO LODE 6560-69-C Federal Register/Vol. 63. No. 145/6Vednesday. July 29. 1998/Proposed R::.les 40593 The situation is more complicated in the risks involved and the purpose of within the score of the proposed Wyoming and Indian Country because this rule. According to the most recent requirements for cesspools. Based on the State of Wyoming and Tribes do not survey, community systems and non- s,. :h comment. EPA may adopt that have primacy for the public water transient non community systems approach in the anal rule. ';t.z..- 7777717. nd. as ,1a:h. are not s .nrl:. drinking wat^r to n3 penitent ac:'. EPA '.�.der=C ..:r ' :s _...i' r.:l,, requcrea to conduct source water 2 percent of the U.S. population, targets certain source water protection assessments. Therefore. the.proposed respectively (Community Water System areas for the purpose of prioritizing Class V UIC requirements would apply Survey. EPA 815-R-97-001a. January national policy. The rule does not throughout Wyoming and Indian 1997, page 5). In addition.the people establish differential levels 07 protection Country unless the EPA Regional relying on transient non-community for different areas, but rather proposes Offices worked with the State and water systems.such as at rest areas or specific measures EPA believes are Tribes to delineate source water campgrounds. do not drink water from necessary to ensure that high risk Class protection areas and implement other the same system on a regular basis. Any V wells do not endanger USDWs in the source water assessment activities. exposure to contamination in a given highest priority areas. The prohibition Alternatively, EPA's Source Water system. therefore, tends to be one time against endangernent of USDWs, found Guidance recommends that each Tribe or infrequent, as opposed to the chronic in § 144.1' of the existing IJIC implement a source water assessment exposure and potentially significant risk regulations. would continue to apply to program "to the extent appropriate associated with the consumption of all Class V wells and ail areas. whether resources are available to do so."Tribes contaminated water from community or not a state has a completed source may either establish and implement systems and non-transient non- - water assessment program. Section their own program and submit it to EPA community systems. Since most of the 144.12(a) in particular provides that no for approval, or they may participate in contaminants found in wells covered by injection-related activity may be a state program as an alternative to. or today's proposal pose chronic, not acute conducted "in a manner that allows the in conjunction with. their own program. risks, it would take repeated exposure to movement of fluid containing any It is uncertain, however, watch Tribes these contaminants for adverse health contaminant into underground sources are likely to participate in source water effects to be realized. Repeat exposure of drinking water. if the presence of that assessment activities and to what extent. does not occur in transient systems.The contaminant may cause a violation of States must delineate source water purpose of today's rule is to address any primary drinking water regulation protection areas for: (1) Public water designated high-risk wells for which under 40 CFR Part. 142 or may otherwise systems based solely on ground water; additional information, is unnecessary. adversely affect the health of persons." (2) public water systems based solely on• Given the limited exposure at transient Similarly. §144.12_(c) and (d) authorize surface water:and (3) publ:c water systems. EPA does not believe that wells a variety of actions if a Class V well may systems using both ground and surface cause a violation of primary drinking within delineated areas for such systems water. or systems using ground water are categorically "high risk"and thus water regulations or otherwise adversely that is influenced by surface water. In they are not part of today's rule. affect the health of persons. addition.states must delineate source In addition to §144.12. other existing water protection areas for: I1) The Agency recognizes,however. that UIC authorities would continue to be Community water systems;(2)non- there may be instances in which available to control Class V wells on a transient non-community water pathogens in untreated sanitary waste case-by-case be-is. as needed to protect systems;and (3) transient non- -elapsed into Class V cesspools could USDWs in any area. These can includs community water systems. The contaminate the water supply source for requiring a permit under§§144.25 and requirements in today's proposal would a transient system and pose an"acute" or requiring submission of additional apply to Class V cesspools, motor risk if consumed (meaning there could inventory information under§144.26. vehicle waste disposal wells,and be a serious health risk given the nature In states with EPA-administered industrial wells in source wate and high level of contamination, despite programs,the inventory requirements protection areas delineated for the fact that the water is not regularly under§144.26 can be supplemented by community water systems and non- consumed). This would be a concern additional information requirements, transient non-community water systems only if a Class V cesspool were in a including ground water monitoring, that use ground water as asource. For location and hydrogeoiogic setting that analysis of injected fluids.or the purpose of today's proposal, this would permit pathogens to migrate to a submission of geologic information would include such systems that have at ground water supply well that serves a under§144.27. least one ground-water source that transient system,and then,only if there EPA expects and strongly encourages contributes to their annual water were no (or inadequate) disinfection of states to use these existing authorities to supply. • the water prior to it being consumed. take whatever measures are needed to This focus on ground water, rather EPA believes these circumstances are in ensure Class V wells are not than surface water.is consistent with fact limited because of the small number endangering USDWs in any other the scope of the UIC program to protect of large capacity cesspools that still sensitive areas beyond delineated underground sources of drinking water. exist. Nevertheless. to further limit the source water protection areas. Examples Moreover, based on EPA's most recent acute risk associated with large-capacity of other sensitive areas include areas Community Water System Survey(EPA cesspools,EPA could expand today's overlying sole-source aquifers. highly 815—R-97—001a, January 1997, page 6), proposed cesspool requirements to productive aquifers supplying private almost BO percent c:community water source water protection areas delineated wells, continuous and highly productive systems use primarily ground water. for transient non-community systems aquifers at points distant from public Less than 10 percent of systems that use ground water as a source, in water supply .yells. areas where water surveyed primariiy use surface water addition to such areas for community supply aquifers or recharged. karst sources. water systems and non-transient non- aquifers that discharge to surface EPA believes the focus or.community community water systems. EPA requests reservoirs serving as public water water systems and non-transient non- comment on the merits and potential supplies. sus(eptiaie or sensitive community systems is justified based on impacts of including transient systems hydrogeologic settings (e.g.,glacial 4O596 Federal Register/Vol. 63. No. 143/Wednesday, July 29. 1998/Proposed Rules ounvash deposits,eolian rands.and believed this proposed approach would program.a capacity development fractured volcanic rock), and areas of unfairly impose a burden on some program, and an operator certification special concern selected based on a injection well owners or operators. who program. These Funds can be used for combination of factors, such as are not endangering drinking water state activities under the ISIC program to hydrogeologic sensitivity, prevailing supplies,because of a state's failure to manage Class V wells. which may be it; land-use practices, and dcc'L rented comply with applicable deadlines. In wellhead protection areas of public ground water contamination. If believed order for any alternative to be viable, it water supplies. In addition. up to 15 to be necessary, states should apply the would have to be effective in percent of the capitalization grant is same requirements proposed in this rule accomplishing the overall objective of available for local assistance and certain to these and other areas ar:d/or to other ,protecting USDWs. Certain advantages other eligible acivities described in the Class V wells. Nothing in his rule of the proposed approach include: the SDWA, including delineation and precludes a state or local government fact that it ensures protection in the assessment of source water protection from promulgating more stringent event new public water supply systems areas(provided that each activity requirements above and beyond the are created outside areas currently separately receives no more than 10 existing UIC authorities. delineated, and it provides a strong percent of the grant amount). The total 2. Alternatives incentive for timely completion of amount appropriated for the Drinking source water assessment programs. Water State Revolving Fund Program for The Agency requests public Nevertheless.EPA recognizes there may fiscal years 1997 and 1998 is$2.0 • comments on whether the new Class V be other approaches. One alternative billion. regulations should apply to areas could be to give UIC Program Directors beyond delineated source water the flexibility to extend the statewide V. Proposed Class V Well Requirements protection areas. or even apply ban date beyond May 2003 if states A. Categories of Class V We/Is statewide, in order to ensure protection submit,before that time,a plan of USDWs in other locations.Although demonstrating that their source water Class V injection wells are generally the Agency recognizes the merits of this assessment program is "substantially" shallow waste disposal wells, approach,it is not preferred because it (e.g..80 to 90 percent)complete and stormwater and agricultural drainage would ther devices used to requirements foly r moco�sve stringent waste w progress toward completion.ow they are making Tstehis systems,or fluids itherodirectly into USDWs orease disposal wells, large-capacity cesspools, approach.however,would not into the shallow subsurface that overlies and inda.arial wells in all areas even necessarily buy time for Wyoming or USDWs.In some instances, the fluids though such requirements may not be Tribes,which do not have primacy released by these wells contain elevated needed to protect USDWs in all cases. responsibility for conducting source concentrations of contaminants that EPA notes that states are already water assessment programs and may not may endanger drinking water supplies. required to take appropriate actions to delineate their source water protection EPA estimates that more than one prevent endangerment of USDWs from areas.EPA requests comments on the million Class V wells currently exist in Class V UIC wells in any part of the state merits of this alternative and any other the United States.These wells are where such endangerment may occur. In equally protective alternatives. located in virtually every state, fact,the Agency strongly encourages • especially in unsewered areas where the states to take appropriate action using C. Other Connections Between the Cass population is likely to depend on existing authorities to control Class V V Rule and Source Water Assessment ground water. Frequently, Class V wells wells in other areas.Finally,the Program are designed as no more than shallow proposed requirements would apply The proposed Class V rule and state holes or septic tank.and leachfield statewide if a state does not have a source water assessment programs will combinations intended for sanitary complete source water assessment have at least two other potentially waste disposal.While such designs may program by May 2003.This would beneficial mutual connections. First, as be adequate for the treatment of sanitary ensure adequate protection in all areas states carry out the source identification waste,they may not be appropriate for when a state has not studied and and susceptibility analysis required as the disposal of industrial waste or other defined areas that warrant the greatest the second and third steps of the source fluids,although they are sometimes protection. water assessment program,Class V well used for this purpose. Some types of EPA also requests comments on the inventories and hydrogeological Class V wells may include other types merits of broadening the scope of the information developed under of treatment systems.such as oil water additional requirements tc other kinds authorities such as §144.27 will provide separation tanks, which are designed to of delineated source water protection substantial inputs into the source water treat certain types of industrial waste. areas.This could include areas assessment programs of some states. The Today, EPA is proposing to retain the delineated around public water systems Class V program will provide an current definition of Class V wells. using surface water recharged by ground important means of both identifying and However, the current regulations also water, or transient non-community controlling risks in the delineated contain a non-inclusive list of 16 types water systems that depend on at least source water protection areas. of Class V wells (§ 146.5). This list was one ground-water source. As discussed Second, grants under section 1452, further divided into 32 categories in the above,EPA does not believe these which established the Drinking Water 1987 Report to Congress on Class V options are needed in this first phase of State Revolving Fund mentioned above, wells. The Report to Congress drew the Class V UIC rulemaking. may also be used to finance a range of distinctions between well types based EPA also requests that commenters state activities related to public supplies on the design of the well. in some provide suggestions and ic.eas for of drinking water. A state may use up instances, and on the types of fluids alternatives to permanently applying the to 10 percent of its allotment for grants injected, in others. In reviewing the new requirements statewide if a state's under§1452 (with a 1:1 dollar state Report to Congress, the Agency has source water assessment progrs_i is not match) to support its state drinking determined that some of these complete by May 2003. Several water program, and to develop and distinctions are of little consequence as comme r.tars duri the Sn=FA process implement a sours= '.v.ter protection far as the risk posed by tae wells and Federal Register/Vol. 63, No. 145/Wednesday, July 29. 1998/Proposed Rules 40597 the appropriate management scheme. proposed before and separated into their requirement than the broader category Therefore, for today's proposal. the own categories. This makes it easier to proposed before. Insufficient Agency has grouped Class V wells in 12 tailor Class V regulations to the different information is presently available to more appropriate categories that types of wells based on their relative conclude that the other industrial wells __.,e .:ether wells that are mostly risk potential. In parti.:ular friar s`.: _ 3e bar:) :_ i TPA in proposing .nr.ar auto in terms of the nature of vehicle waste disposal wells would be for motor vehicle waste disposal wells. fluids they inject and their potential to defined more precisely for the purpose or should be required to meet a standard endanger USDWs. of targeting additional requirements for on injectate quality, as EPA is proposing The 12 general categories of Class V this category of wells. In addition. ' for Class V industrial wells. Instead. wells are defined in § 144.31 of today's carving out the other industrial wells EPA proposes to enforce the general proposed regulation. Table 2 shows how creates a smaller and less diverse non-endangerment provisions in these categories relate to the listing of category of Class V industrial wells than §144.12 for other industrial wells and, wells in §146.5(e) of the cirrent defined in the August 28, 1995 if necessary to protect USOWs. require regulations and the Class V well types proposal.The wells remaining in the owners or operatrrs to submit specific addressed in EPA's 1987 Report to industrial category in today's proposal— information under§ 144.27 or obtain a Congress. including wells at carwashes where permit under§144.25. Under the There are two major differences engine or undercarriage washing is second step of EPA's Class V strategy between the categories proposed today performed, industrial process water and discussed above, EPA also will study and the ones proposed in 1.995:motor waste disposal wells,and industrial the other industrial wells further and vehicle waste disposal wells and"other drainage wells—are more likely to pose address them in another regulatory industrial" wells have been removed a high risk and are more amenable to action, if necessary based on the from the industrial well category control through one national minimum findings of that study. TABLE 2.—CATEGORIES OF CLASS V INJECTION WELLS Category in today's pro- Injection wells in category Corresponding injection wells in 1987 report to pose) 9 ry Current§146.5 Congress Beneficial Use Agr,ifer recharge (e)(6) 5R21 (Aquifer Recharge). (§144.81(0). Sall water intrusion barrier (e)(7) 5622 (Saline Water Intrusion Baffler). Subsidence control (e)(10) 5523(Subsidence Control). Agtifer storage and recovery Not listed Not addressed as separate category. Subsurface environmental remediation (e)(6) 5X26 (Aquifer Remediation Related). Fluid Return Wells used to inject spent brines after the ex- (e)(14) 5X16 (Spent-brine Return Flow). (§144.81(g)). traction of minerals from produced fluids. • Wells used to inject heat pump return fluids (e)(1) 5A7 (Heat Pump/Air Conditioning Return Flow), 5A6 (Direct Heat Return). Wells used to inject fluids that have undergone (e)(12) 545 (Electric Power Return), 5A8 (Grounr chemical alteration during the production of Water Aquaculture Return Flow). geothermal energy for heating, aquaculture, or production of electric power. Sewage Treatment Et- Wells used to inject treated effluent from Not listed 5W12 (Domestic Wastewater Treatment Plant fluent(§144.81(h)). POTWs, or privately owned treatment works Effluent Disposal). receiving solely sanitary waste.Cesspools (§144.81(c)) Cesspools having the capacity to serve 20 per- (e)(2) 5W9 (Untreated Sewage Waste Disposal) sons or more per day and used solely for the 5W10 (Cesspools). subsurface emplacement of sanitary waste. • • Septic Systems Septic tank and fluid distribution system having (e)(9) 5W11 (Septic Systems—Undifferentiated Dis- (§144.81(d)). the capacity to serve 20 persons or more per posal), 5W32 (Septic Systems—Grainfield day and used solely for the subsurface em- Disposal), 5W31 (Septic Systems—Well Dis- placement of sanitary waste. posal). Experimental Tech- Wells used as part of unproven subsurface in- (e)(15) 5X25 (Experimental Technology). nology (§144.51(I)). jection technologies other than waste disposal. • Drainage (§144.81(e)) .. Wells used to drain surface and subsurface (e)(4) 502 (Stormwater Drainage). 5F1 (Agricultural fluids, including agricultural drainage and Drainage), 5D3 (Improved Sinkholes), 5G30 stormwater runoff that may have the potential (Special Drainage), 5X29 (Abandoned Drink- to receive insignificant amounts of waste due ing Water Wells, if used for the subsurface to small volume leaks,drips,or spills. emplacement of stormwater). Mine Backfill and Drain- Wells used to inject materials into mined out (e)(5) 5X13 (Mining, Sand, or Other Backlill). age (§144.81W). I portions of subsurface mines, whether what is injected is a radioactive waste or not, includ- - ing (1) slurries of sand, gravel, cement, mill tailings/refuse, fly ash,or other solids, and (2) ' mine drainage. In Situ and Solution Wel s used to inject fluids for the purpose of (e)(13), (e)(16) 5X14 (Solution Mining). 5X15 (In situ Fossil Mining (§144.81(k)). producing minerals or energy, which are not Fuel Recovery). C ass II or Ill wells. 1 1 40598 Federa,. Register/Vol. 63, No. 145/Wednesday, July 29, 1998/Proposed Rules t. TABLE 2.-CATEGORIES OF CLASS V INJECTION WELLS—Continued • Category in today's pro- Injection wells in category Corresponding injection wells in 1987 report to _ posal I 9 ry - Current§146.5 Congress Motor Vehicle Waste Wells used to inject fluids from motor vehicle re- (e)(51 ............._ 5X28 (Automobile Service Station Disposal). Disposal (§144.31(a)). Fair or maintenance activities, such as an auto body repair shop, automotive repair shop, car dealership, specialty repair shop (e.g., transmission and muffler repair shop), cr any facility that does any vehicular repair work. Other Industrial Wells used to inject fluids from carwashes (e)(5) Not addressed as separate category. (§144.81(I)). where no engine or undercamage washing is performed. Wells used to inject noncontact cooling water (e)(3) 15A19 (Cooling water return flow). that contains no additives and has not been . chemically altered. Wells used to inject fluids from laundromats (e)(5) Not addressed as separate category. where no onsite dry cleaning is performed or where no organic solvents are used for Iaun- ' denng. Wells used to inject wastewater from food proc- (e)(5) Not addressed as separate category. essing operations. Industrial (§144.81(b)) .. We,Is used to inject non-hazardous wastewaters (e)(5) 5W20 (Industrial Process Water and Waste Dis- generated by industrial, commercial, and basal), 504 (Industnal Drainage), 5X17 (Air service establishments and that are not in- Scrubber Waste Disposal), 5X18 (Water Soft- cuded in one of the above categories; these ener Regeneration Brine Disposal), 5X29 include wells used to inject fluids from car- (Abandoned Dnnlong Water Wells, if used for washes where engine or undercarriage wash- . Me subsurface emplacement of industrial or ing is performed. commercial wastes not injected in one of the f above categories of wells),5X27 (Other). The fourth type of other industrial systems operated by funeral homes. systems. Specifically,EPA requests well listed in Table 2—wells used to This would move these wells out of the comment on the information contained inject wastewater from fool processing industrial well category,where they fit in the NFDA report as well as comment operations—will receive special in today's proposal,and thus remove and information on any important tt attention in the ongoing study of Class them from the proposed requirement to topics that are not addressed in the V wells.As a group,EPA believes most meet MCLs at the point of injection.In NFDA report but have a bearing on this of these wells pose a lower risk than the support of this recommendation,NFDA decision.Based on public comment and "" industrial wells that would,be regulated submitted to EPA a report titled Septic data,EPA may classify these wells as under today's proposal,because the System Treatment of Funeral Home other industrial wells which are outside injectate is primarily food rinsewater or Wastewater,March 18, 1998 (copy the scope of this rulemaking. equipment washdown water containing available for review in the docket). Additional discussion is needed to small quantities of food particles and According to NFDA,this report shows clarify bow stormwater drainage wells relatively low concentrations of that only three preservative compounds are categorized in today's proposal.As contaminants.The Agency recognizes, with potential human health concerns— shown in Table 2.wells used to drain however,that there may be other wells formaldehyde,methanol,and phenol— stormwater runoff would be classified as in this group that pose a higher risk, are likely to be found in funerai come drainage wells(not subject to new such as wells that inject brme from wastewater in concentrations that requirements under today's proposal), pickling operations.nutrie at-rich exceed health-based levels(MCLs are while industrial drainage wells would wastewater from potato processing not available for these chemicals).The be classified as industrial wells (subject plants,and so forth.EPA presently has report concludes that these compounds to the proposed new requirement to very little information on these wells. are generally adequately treated in meet MCLs at the point of injection). • Therefore,they will be examined more septic systems such that concentrations The industrial drainage well category, closely in the study to determine exceeding the health-based levels do not however,does not include Class V wells whether additional federal regulation is exit the system. NFDA stated that it is intended for stormwater management needed,and if so,what that additional unaware of any incidence of that may have the potential to receive regulation should entail. In the contamination of USDWs by funeral insignificant amounts of waste due to meantime,if UIC Program Directors home septic systems. unintentional small volume leaks,drips, have information that any individual Today's proposal does not include or spills and that cannot reasonably be wells that fall in this category do pose septic systems operated by funeral separated from potential sources of a threat, they can use the e:cisting UIC homes in the other industrial well contamination. Such wells,even if they authorities discussed above to ensure category,because EPA needs additional were located at a commercial or protection of USDWs. time to evaluate the data submitted by industrial site,would be classified as During the development of this NFDA and determine whether such a stormwater drainage wells and excluded proposal, the National Funeral Directors classification of funeral home wells is from the new regulation. In this context, Association (NFDA) recommended that warranted. EPA requests comment and "cannot reasonably be separated" means the other industrial well category be additional data on the proper a well that cannot be moved farther broadened to include Class V septic classification of funeral home septic away or uphill from a pctential source Federal Register/Vol. 63. No. 145/Wednesday. )ulv 29. 1998/Proposed Rules 40599 of contamination (e.g., due to property set up to perform engine or . would be allowed to extend this boundaries, site layout, or other undercarriage washing are considered to deadline for up to one year in situations physical constraints) and cannot be be Class V industrial wells under the where the most efficient compliance aoorated from a [,.ern by Hrrns, dikes. proposed rule. Wells at coin oper.r' d. . -s o.ue:• •r i sanitary r , sewer or drainage ditches and still perform toe manual canvashes where people use or installation of new treatment function of draining stormwate7 runoff hand-held hoses to wash only the technology. UIC Program Directors also from a site. For example, a well at a gas exteriors of vehicles would be classified would have additional flexibility to station would be considered a as other industrial wells, as would those extend the deadline for a reasonable stormwater drainage well. not an at any other vehicle washing facility not amount of time beyond a year through industrial well, if it is located set up to perform engine or compliance agreements with owners or reasonably far away from the gas pumps undercarriage washing. The cleaning operators of existing wells. in a downhill direction and only drains solutions used at these canvashes Additionally, UIC Program Directors stormwater runoff occasionally generally consist of soap solutions. could use compliance agreements to contaminated with insignificant rinsewater, and wax,and do not contain extend the 90-day deadline in cases amounts of gas due to unintentional degreasing agents or solvents such as where an owner/operator is waiting for small volume leaks,drips, or spills at methylene chloride or trichloroethylene. the permitting authority to act on an the pumps. However, a well at a gas As a result. the spent washwater application for a waste disposal permit. station or other commercial or industrial disposed in a canvash well that New motor vehicle waste disposal site that is in position to directly receive qualifies as another industrial well wells,and new conversions to such bulk spills of materials or wastes, or to primarily contains detergents, road wells, in those delineated areas would receive highly contaminated runoff due salts. sediments,and incidental be prohibited starting on the effective to large leaks or spills. woulc.be contaminants that may be washed from date of the rule.For the purpose of the classified as an industrial drainage well. a vehicle's exterior, comparable to Class V regulations, an "existing"well even if the well is intended for typical stormwater runoff. .would be one that is operational or stormwater management. B. Requirementsfor under construction when the rule EPA requests comment on this 9 Motor Vehicle proposed treatment of stormwater Waste Disposal Wells becomes effective. A new well or new drainage wells.The Agency is As discussed below,EPA is co- conversion would be anything effective starting attempting to reasonably distinguish proposing two approaches for regulating construction after the rule's between a well at a commercial or Class V motor vehicle waste disposal date. If a state does not have a complete industrial site that routinely receives wells in ground water-based source source water assessment program by highly contaminated drainage or is water protection areas: (1)A ban of new May 2003,the ban would apply susceptible to significant spills of and existing wells in such areas;and (2) throughout the state. chemicals or wastes,and a well at a a ban of new wells and a provision As discussed above, EPA proposes to commercial or industrial site that is giving owners or operators of existing focus this initial rule on certain source intended for stormwater management wells an opportunity to apply for a water protection areas for the purpose of but also may receive the unir.tentional waiver from the ban by seeking a permit' defining a category of high risk wells insignificant leaks,drips, or spills that that requires fluids to meet MCLs at the and prioritizing national policy. The are commonly contained in street point of injection. EPA also i-soliciting rule would establish specific measures runoff. If these two kinds of wells can comment on a specific alternative to to ensure that this category of Class V be distinguished, the wells that are more these proposed approaches.As wells do not endanger USDWs in the like industrial wells could be regulated recommended by same members of the highest-priority areas. All existing Class like industrial wells and the wells that Small Business Advocacy Review V authorities, including the prohibition are more like stormwater management (SBAR)Panel, the preamble also seeks against endangering USDWs in§144.12 wells could be regulated like drainage comment on the issue of allowing waste .rod the authority to call problem wells wells. EPA realizes, however that it to be injected,in certain situations,that in far a permit under§ 144.25,would may not be practical to make this exceeds some MCLs at the point of continue to apply in all areas. EPA distinction,potentially allowing some injection. EPA does not support this expects and strongly encourages states endangering drainage wells at • concept because it believes that to use these existing authorities to take commercial or industrial sites to escape injecting waste above the MCLs within whatever measures are needed to ensure the additional regulations proposed source water protection areas would all Class V wells are not endangering today. EPA also realizes that he pose a threat to the public that is - USDWs in any other sensitive areas proposed categorization may be at odds drinking this water. beyond delineated source water with the programs currently being protection areas. Examples of other I.Proposal to Ban New and Existing sensitive areas that may warrant priority implemented by existing UIC Wells attention are provided in section N.B.1 authorities.Therefore, the Agency requests that commenters specifically As one option,EPA proposes to ban above. Nothing in this proposed rule address the merits and potential impact motor vehicle waste disposal wells in precludes a state or local government of the proposed categorization. Based on source water protection areas delineated from promulgating more stringent these comments, EPA may classify all • for ground water supplying community requirements above and beyond those drainage wells at commercial or water systems and non-transient non- contained in the rule. industrial sites as industrial wells in the community water systems. Starting on The proposal to ban motor vehicle final rule. the effective date of the rule,owners or waste disposal wells located in source Finally, wells used to injec:fluids operators of such existing weils would water protection areas is based on the from canvashes are in one of two be required to cease injection operations high potential for these wells to categories depending on whether the and close their well within 90 days of endanger USDWs. Available canvashes perform engine or the completion of the local source water information and damage cases. undercarriage washing.Only those assessment program responsible for combined with years of experience wells at car washes that are specifically their area.The UIC Program Director implementing the Class V UIC program. 40600 Federal Register/Vol. 63. No. 145/Wednesday. July 29. 1998/Proposed Rules show that these wells stand out as in concentrations above the drinking body shop. and a U.S. Army Reserves particularly troublesome. water MCL, although not all maintenance shoo discovered that There are approximately 183,000 contaminants exceeded the MCL in operating floor drains had contaminated automotive-related disposal wells. every sample at every facility (see Data the ground water, the soil. and an on- These wells are located in every state in ,from the National Administrative Order site water supply 'with Pa.' In Exton, the country—mainly in populated on Motor Vehicle Waste Disposal Wells, Pennsylvania, tr/thlorcethviene (TOE), areas—at a variety of fac'..lities,such as March 15, 1998, available in the docket,. PCE.and 1.1.1-trichloroeth:me from a automobile service stations, car For example.benzene concentrations stone bed drain field connected to floor dealerships, automotive repair shops. exceeded the drinking water MCL at 19 drains of an auto repair/body shop and specialty repair shoos (e.g.. of the 20 facilities tested and in 32 of operating until 1984. contaminated transmission shops,muffler shops, body 35 samples analyzed. The highest ground water mat supplies drinking shops). They tend to be shallow, with measured benzene concentration was 40 water to about 76.700 people.°In injection occurring into or above times the MCL. Similarly, arsenic Liberal. Kansas, solvents disposed in a USDWs. They also tend to be uncased, exceeded the MCL at 11 of 17 facilities septic system by an engine repair shoo which could allow contaminated fluids and in 18 of 30 samples, with the resulted in volatile organic compound to move more easily into USDWs. Given highest arsenic concentration being 31 (VOC) contamination of several water all of these factors, the quality of fluids times the MCL. supply wells in 1982; concentrations of they inject becomes very important in The injection of used petroleum VOCs in the septic system were as high determining whether these wells are a products may leave behind an oily as 32,000 ug/L"All of these incidents threat to USOWs. residue within the wells. A 1995 report occurred before 1989. Some small entity Although the development and use of on natural bioattenuatinn of hazardous commenters have suggested that motor best management practices (BMPs) by organic compounds in the subsurface vehicle facilities routinely use the automotive industry have improved states: "Most organic contaminants, management practices,such as recyclin recycling and waste disposal practices g over the past decade, EPA is concerned liqliquid. enter the lfore an oily o used antifreeze and c ail.r that o that there are motor vehicle-related such as a fuel spill or release of would significantly reduce the risk of facilities which inject fluids with little chlorinated solvent. Groundwater such contamination. EPA, however, or no treatment,These fluids,which moving through the material dissolves a conducts periodic inspections that small portion of the contaminant, which indicate that many facilities do not • may be injected intentionally for waste disposal or accidentally as a result of becomes a plume of groundwater routinely implement best management contamination.Because the practices. EPA requests information on spills or leaks, include spilled gasoline contaminant mass in the oily material is more recent instances of contamination and oil,waste ail,grease, engine cleaning solvents,brake and much greater than that dissolved in the of USDWs by Class V motor vehicle transmission fluids,and antifreeze. groundwater,the spill can continue to wells,as well as any data commenters maintain the plume more or less may have on the use of BMPs. EPA also Such fluids contain potentially harmful contaminants, often in high indefinitely. As the plume moves away requests information on situations concentrations. For example, fluids from itssource natural biological where USDWs or drinking water wells containing waste oils or gasoline processes may attenuate the were discovered to contain constituents include benzene,toluene, contamination in the groundwater."2 2 found in motor vehicle waste. generally a nes, and other benzvolatene. Examples of instances where motor Many of these documented problems xye contaminants. Waste oils and antifreeze vehicle-related waste disposal wells have been associated with the improper have endangered USDWs are numerous. disposal of fluids that qualify as a also contain some priority pollutant heavy metals,such as barium.cadmium. They include a case in Missoula, hazardous waste under the Resource chromium,and lead. Other Montana,a sole-source aquifer area. Conservation and Recovery Act (RCRA). contaminants that may be injected where investigations starting in June of In other words, some motor vehicle include methylene chloride,a 1988 discovered that waste disposal wells are in fact Class IV compound found in many degreasers. tetrachloroethylene (Pa) from wells,which are already generally and ethylene glycol,a component of operating drainage wells at auto service banned by 40 CFR, 144.13. Data obtained antifreeze. All of these contaminants stations had contaminated community from the 1991 National Administrative can be toxic above certain levels. Some, wells serving approximately 45,000 Order suggest that 13 percent of the such as benzene and toluene, have the people.3.4 Three community wells were motor vehicle waste disposal wells potential to cause cancer closed and another 15 have elevated inject fluids that exhibit the toxicity Data collected for the 1987 Report to levels of PCE. In Gilford,New characteristic for RCRA hazardous Congress and from later EPA Regional Hampshire,a March 1988 assessment of waste.Considering the potential for investigations indicate that fluids being a site with a garage, a tire center, auto these wells to also receive listed injected may exceed health-based limits hazardous wastes,°such as certain spent for contaminant levels in water by 10 to 'Anderson.William.Innovative Site Technology, 100 times (see p. 5-19 of the August Bioremediation.Chapter 3.4,page 1.1995 a Superfund Site Fact Sheet.A.I.W.Frank/Midi ' 1989 Class V Task Force Report 'Background Paper prepared'by Man English. County Mustang Site.Pennsylvania,EPA ID* P Missoula City-County Health Department for U.S. PAD004351003.Last Update:March 199x.hnp:// available in the docket). These data EPA Underground Injection Control Program• www.epa.goofregahwrid/superlaiw&anicipacLhtra. were confirmed for a number of motor February 1992. i 'Site Description Printout for the Panhandle vehicle service stations during the •"An Investigation of the Volatile Organic Eastern Pipeline Site.From Teresa Harlan.Kansas Content of Sludges.Soils and Liquids Entering the Department of Heath and Environment,July 15. implementation of a 199'.. National Missoula Aquifer from Selected Sources,"prepared 1998. Administrative Order addressing by the Missoula City-County Health Department, 'A waste can qualify as a RCRA hazardous waste failures to submit inventory information Environmental Health Division.Contributors:Torn either a+exhibiting one of the four characteristics required under 40 CFR 144.26 and Barger and Alan English.July 27,1990. of hazardous waste I gnitability.corrosivity. 146.52_(a). Analyses of fluids disposed at 'Background information stied"5x28 Service reactivity.or toxicitvl or by being named on one of Station.Gilford.NH"available in the docket.This four lists developed by EPA.The cited 13 Percent a group of facilities subject to this order background information was obtained from U. .S of facilities injecting n waste that exhibits the toxicity found a total of 13 contaminants present E2\Region :staff in May 1990. cdednacteristtc does nit account for the additional factilttea that may be injecting a listed hazardous waste. Federal Register/Vol. 63. No. 145/Wednesday. July 29, 1998/Proposed Rules 40601 solvents that may be spilled while best management practices should be seal their floor drains or disconnect motor vehicle parts are being cleaned, certified. Massachusetts does not allow them from existing wells. In these latter the fraction of wells inadvertently anyone to put fluids in a service station situations, owner; or operators would infecting hazardous waste may actually floor drain without a ground water have to use tl. :iiii,tive methods for Ld 'rooter. One study by the New Jersey a:s .barge permit. Net.. in mipsthre managing rn-.:.:: hicie-ri iate i •aids, Department of Environmental , disallows discharges into floor drains at such as: (1) Recycling and reusing Protection, for example. determined that automotive facilities.The City of wastewater as much as possible: (2) six out of ten automotive waste disposal Missoula. Montana reouires a permit for collecting and recycling petroleum- wells examined (60 percent I were the use of drainage wells at motor based fluids and coolants drained from actually Class IV injection wells (see p. vehicle fueling facilities and requires a vehicles: (3) washing parts in a self- 7 of Distribution of Organic separate stormwater collection system contained, recirculating solvent sink, Contaminants in Automotive Waste with control devices to prevent with spent solvent being recovered and Disposal Drylvell Systems available in infiltration of fuel-contaminated water replaced by the supplier: (41 using the public docket). Some small entity into such wells. Other states also have absorbents to clean up minor leaks and representatives and advoca:es involved permitting requirements for motor spills,and placing the used materials in in the development of this toroposal vehicle and industrial Class V wells in approved waste containers and have commented that cases of various circumstances. Finally,the disposing of them properly: and (5) contamination caused by the shallow American Petroleum Institute has using a wet vacuum or mop to pick up injection of hazardous waste at motor developed industry guidance accumulated rain or snow melt,and vehicle facilities simply underscore the recommending that oil companies and disposing of it through a publicly reason for banning Class IV wells and service stations eliminate the use of owned treatment works. EPA recognizes point to the need for greater Class V wells to dispose of motor that facilities may need to comply with enforcement of this existing ban.not the vehicle-related waste (Handling Water other regulatory requirements (e.g., need for greater regulation of properly Discharges from Automotive Service obtain permits) in order to make use of operating Class V motor vehicle waste Facilities Located at Petroleum - one of these options. EPA believes, disposal wells. EPA. however,believes Marketing Operations, API based on firsthand experience with such cases are a symptom of a Class V Recommended Practice 1633.January owners and operators, that most regulatory problem that needs to be 1992). Because one of EPA's proposed facilities can easily implement these fixed. In particular, the lack of specific options would allow continued alternatives within a short period of regulatory requirements that mandate permitting of Class V motor vehicle time. control measures to prevent wells in SWPAs, EPA is very interested If all motor vehicle waste fluids endangerment may provide an incentive in state experience with such permitting generated at a service facility are to some well owners or operators to programs. Do states issue general segregated so that none are injected,the inject hazardous fluids in Class V wells, permits,applying to classes of facilities, facility's Class V well may not be either unknowingly or on purpose,to and under what conditions?What are avoid more stringent regulations the requirements for state issued prohibited and could be used to dispose governing other waste disposal permits regarding BMPs, monitoring, of other waste streams,such as practices.This is a real concern for and allowable contaminant stotmwater, ice melt.and carwash waste motor vehicle waste disposal wells, concentration levels?How much water. EPA advises that Directors use' such as floor drains in service bays. discretion do state permit writers have careful judgment in making such an which are susceptible to spills of fluids in implementing these requirements.' allowance, however, limiting it to cases that commonly qualify as hazardous Have there been specific problems with in which unintentional or illicit waste, In these situations, CIC state permitting programs?How discharge of motor vehicle waste fluids inspectors usually cannot tell if a motor effective have they been at preventing into the well is unlikely based on the vehicle waste disposal well is a Class V Class V wells from endangering facilities compliance history and or a Class IV well. USDWs?Would there be special availability of adequate records showing Some states, localities,and industry difficulties for states with existing proper waste management and disposal. sources have already identified these permitting programs if EPA were to In these instances,the well is converted wells as potentially posing a threat to require them to close previously from a motor vehicle waste disposal USDWs and have taken steps to address permitted wells in SWPAs? well to.another type of Class V well this threat. For example.Connecticut Based on the above information and defined by the nature of fluids it published a guidebook for local officials experience,EPA believes that banning receives. For example,a service station with regulatory responsibility for Class motor vehicle waste disposal wells in could perform all vehicle maintenance V wells (Best Management Practices for source water protection areas would in areas that do not drain to the Class the Protection of Ground Water, achieve substantial protection. V well.If the service bay connected to November 4, 1992) recommending that EPA has designed the ban on motor the Class V well is then used only for all discharges from existing wells at vehicle waste disposal wells to be self- draining ice melt or stormwater from automotive repair and service facilities implementing by owners or operators, tires or vehicle exteriors, the well would to other than a sanitary sewer be with minimal new reporting qualify as a Class V stormwater drainage requirements and no new inspection or well. If the service bay connected to the prohibited. and that discharges at new or expanded facilities in wellhead other administrative requirements. Class V well is used for the exterior protection areas also be prohibited.The Owners or operators would have washing of vehicles(and no engine or state also recommends that any substantial flexibility to choose how undercarriage washing is performed). authorized wells should be permitted they want to close their wells. Some the well would qualify as an other and their compliance with published may choose to connect their floor drains _ industrial well. As another example, to a municipal sewer system or holding owners or operators could install a w:ne Missn•.aa cif-rcoun:y Health Department. tank. whose contents can be semi-permanent plug (also known as a Env,ror.mec7a!Headh Div d;icn. Cory:butars:Tam periodically cleaned out and disposed plumber's plug) in the sump outlet 3arger and.Agar e:g'.ah.in:y 27. 1990. of properly. Others may permanently leading to the injection well. Federal Register/Vol. 63. No. 145/Wedne.o.iv. July 29. 1998/Proposed Rules 40603 When all of these requirements are products, which have significantly is above the MCL and the liquid from put together. EPA believes the permit reduced both the volume and toxicity of the sludge is above the MCL. owners or would specify a monitoring and action their injectate. These stakeholders operators would have to either close plan similar to the following but asserted that the use of such practices is their wells or make process or - . ;nizes 'h-!t states will d,••. - no,.Y ePiespread in ''near r-_- T. t ,.,..a_ _.-„ monitorin..: -equirements appropriate to service industry. mar,ing it unnecessary comp..ance wit^ ice MCL.; the situation. As a first step. owners or to categorically ban every well. Under This approach for regulating existing operators might be required to this option. therefore, certain motor motor vehicle waste disposal wells characterize the quality of their injectate vehicle waste disposal weds in would be almost identical to the and any sludge. If liquid from the sludge delineated source water protection areas proposed approach for regulating Class has chem.cat concentrations below the could remain open, if approved by the V industrial wells. discussed below. The MCLs, owners or operators might be UIC Program Director based on a review only difference would be more required to analyze the injectate of site-specific-::rcumstances and if extensive monitoring at motor vehicle quarterly for the first three years and controlled through a permit that waste disposal.wells. EPA believes this then annually if it is consistently below requires MCLs to be met at the point of difference is justified given the nature of the MCLs. They also might be required injection and any other conditions the fluids routinely handled at motor to analyze their sludge annually. If the believed necessary to protect USDWs. vehicle-related facilities (e.g., waste oils injectate is below the MCLs but liquid 3. Alternative and solvents that hove high from the sludge is above the vICLs,then concentrations of toxic constituents) owners or operators mi ht have to EPA is requesting comment on an g alternative to the two proposals outlined and the relatively high. potential for or follow the same monitoring spills of these fluids to occur and enter requirements as above plus pump and above. Under this alternative, EPA floor drains. Under these conditions, the dispose of their sludge. could require owners or operators who properlyPg quality of the injectate can be highly Finally, if the injectate is above the MCL want to continue using motor vehicle variable and unpredictable. and regular and the liquid from the sludge is above waste disposal wells in delineated monitoring is needed to confirm that a the MCL, then the permit might require: source water protection areas to make problem does not exist or to detect a (1) Implementation of specific t sure fluids meet MCLs at the point of Pproblem early so that it can be quickly treatment measures: (2) pumping and injection.This would differ from the mitigated. EPA believes the situation is proper disposal of their slud€e: (3) first proposal by not having an outright different for most Class V industrial quarterly sampling of injectate for the ban and it would differ from the second wells, where the injectate is a process first three years and then annually if proposal discussed above by eliminating wastestream that is more constant in consistently below the MCLs (4)annual the site-specific permit requirement for owners or operators whose injectate and terms of quality and quantity than the sampling of the sludge; and (.3)other spills that are the pn.mary•concern at requirements established by the Director sludge meet the MCLs. Instead,the motor vehicle-related facilities. to protect USDWs. EPA requests requirement to meet MCLs at the point • of injection would be specified in the Therefore, although some industrial comments on this possible sat of permit regulation as a condition for continued wells are also susceptible to spills or requirements,and any others that could rule-authorization.The regulation also process upsets as discussed in the next be used to protect LISDWs from motor would specify monitoring requirements section below, frequent and regular vehicle waste disposal wells. EPA is and actions to take based on the monitoring at industrial facilities is lea. particularly interested in receiving monitoring results.Owners or operators important in controlling injectate comment on the appropriate Frequency quality and protecting USDWs. EPA of existing wells who do not want to or of the injectate monitoring outlined cannot meet these conditions would requests comment on this position as above given the high variability and well as suggestions for the specific unpredictable nature of the fluids that have to close their wells according to monitoringrequirements that would be the same schedule discussed above. may be spilled or released into motor New wells in source water protection appropriate for motor vehicle waste vehicle waste disposal wells. areas would be prohibited starting on disposal wells. This option recognizes that there may the effective date of the rule. C.Requirements for Class V Industrial _ be instances in which owners or The specific monitoring requirements Wells operators of existing motor vehicle that EPA proposes,and requests waste disposal wells in source water comment on,are the same as the 1. Proposal protection areas want to keep using potential permit requirements described Owners or operators of existing Class their wells and can do so safely given for the second proposal above.That is, V industrial wells in source water their site-specific-circumstances.These owners or operators would be required protection areas—delineated for circumstances include the use of BbIPs to initially characterize their injectate community water systems and non- and/or treatment technologies that - and sludge quality.If liquid from the transient non-community water systems effectively keep potentially endangering sludge has chemical concentrations that use ground water as a source— fluids from entering the well,combined below the MCLs,owners or operators would as a condition of rule with regular injectate monitoring, to would be required to (1) analyze the authorization be required to either(1) make sure fluids meet MCLs at the point injectate quarterly for the first three make sure fluids disposed in their wells of injection. Some small entity years and then annually if it is meet MCLs at the point of injection, or representatives and advocates: involved consistently below the MCLs. and (2) (2) close their wells. New wells in such with the development of this proposal analyze the sludge annually. If the areas. including new conversions to indicated that many service s-.ations and injectate is below the MCLs but liquid Class V industrial wells, would be repair shops have already adopted from the sludge is above the MCLs, then prohibited unless they were able to meet EMPs, such as the recycling of used owners or operators would have to the same standard on injectate quality. motor oil and antifreeze, spill follow the same monitoring For the purpose of tins regulation, an prevention and control, and the use of requirements and pump and properly "existing" well would be one that is environmentally friendly cleaning dispose of their sludge. If the injectate operational or under construction when 40604 Federal Register/Vol. 63. No. 145/Wednesday. July 29. 1998/Proposed Rules the rule becomes effective. A well or occurred in the early 1980's (Report to Class V industrial wells in source water well conversion would qualify as "new" Congress, p. 4-2783 protection areas as part of this if construction started after the rules Industrial drainage (5O4) wells, also rulemaking. For example,the ban could effective date. Because primary MCLs within the Class V industrial well be extended to wells that dispose of may not exist for some pollutants category, also pose a significant threat of washwater from car washes where released in industrial wells, UIC contamination to USDtVs especially if motor or undercarriage washing is Program Directors would have they inject poor quality fluids, are performed. As mentioned previously, discretion to require the injectate to susceptible to accidental industrial EPA does not believe sufficient meet other appropriate health-based spills, and are available for abuse information exists to support a broader limits, as needed to protect USDWs for through illicit discharges. For example, ban at this time. Additional bans, these other contaminants. Industrial studies from Nationwide Urban Runoff however, could be justified and well closures would be subject to the Program projects in Fresno,C4 and imposed as parr of subsequent same basic closure requirements as Spokane, WA in 1984 and 1986, rulemakings. if additional information proposed for motor vehicle waste respectively, have shown that industrial supporting a broader ban becomes disposal wells, including the areas had the lowest quality stormwater available. requirement that owners,or operators in runoff of all land-use types evaluated EPA also requests comment on DI Programs submit pre-closure `Report to Congress, p. 4-37). A whether the pre-closure notification notification at least 30 days prior to particular example illustrating this high requirement for industrial wells should abandonment. hazard potential occurred in be added in Primacy State programs. As The timing for these new Hutchinson,Kansas (in 1986) where a discussed above for motor vehicle waste diesel/tar mixture from a newly tarred disposal wells. EPA currently believes it requirements would be the same as that proposed for motor vehicle waste roof washed into what would now be would be best to restrict that disposal wells. Starting on the effective classified as an industrial drainage well requirement to DI Programs,as it has date of the rule, existing wells would during a rainstorm,and a nearby city restricted the pre-closure notification have to meet the MCLs or close within water well was shut down as a result of requirement in 5 tt44.23(b)(3) for Class 90 days of the completion of the source the injected hydrocarbon mixture IV wells. Finally,elsewhere in this water assessment program for their local (Report to Congress,p. 4-38). preamble, comments are requested on area. The UIC Program Director would Requiring Class V industrial wells in whether the requirement that injectate be allowed to extend this deadline for source water protection areas to meet from industrial wells in source water up to one year in situations where the primary MCLs, or other appropriate protection areas always meet all MCLs most efficient compliance option is health-based limits selected by the UIC at the point of injection could be relaxed Program Director,at the point of under any circumstances without connection to a sanitary sewer or injection will greatly reduce the threat endangering USDWs.EPA's does not installation of new treatment of these wells.EPA is proposing this support this position because it believes technology. UIC Program Directors also approach rather than an.outright ban of that allowing injection of waste that would have additional flexibility to industrial wells because of a lack of exceeds the MCL into source water ' extend the deadline for a reasonable information indicating that a ban is protection areas poses an endangerment amount of time beyond a year through always warranted.Also,this approaoA is to the USDW and to people that drink compliance agreements with owners or consistent with the controls already this water. operators of existing wells.The imposed in some locations. For requirements for new and converted example,Class V industrial wells in D.Ban of Large-Capacity Cesspools industrial wells in delineated areas Florida are required to meet MCLs at the Cesspools are Class V wells that would start applying immediately on point of injection,as are most kinds of receive untreated sanitary waste and the effective date of the rule. Class V industrial wells in allow the waste to percolate directly ' Available information suggests that Massachusetts. Requiring MCLs to be into the subsurface. Only those additional federal regulation is needed met at the point of injection would cesspools with the capacity to serve 20 to address the risk posed.by Class V establish a clear threshold to ensure the or more persons per day are subject to industrial wells located in delineated wells are not endangering USDWs,but UIC regulation. areas. Industrial process water and would give owners or operators As discussed in the August 28, 1995 waste disposal (5W20) wells,one major flexibility in deciding how to meet that proposal,EPA believes such large- well type that fits in the industrial well threshold. In some cases, it will require capacity cesspools have a high potential category defined above,pose a no action or simple containment and/or to contaminate USDWs because: (1) significant threat to USDWs especially if treatment measures. Owners or Sanitary wastes released in cesspools they inject highly contaminated and/or operators wishing to keep their wells frequently exceed drinking water MCLs large volumes of waste. According to the open may also have to monitor their for nitrates, total suspended solids,and 1987 Report to Congress, such wells injectate quality to adequately assure coliform bacteria:Report to Congress, p. could potentially receive any fluid that it does not exceed MCLs though 4-151): (2) the wastes released in disposed by the various industries that EPA is not proposing arty specific cesspools also contain other use Class V wells(e.g.,commercial monitoring requirements for owners and constituents of concern, including printing, die and tool manufacturing, operators of Class V industrial wells. phosphates,chlorides,grease, viruses, machinery and equipment Owners or operators who are not able to and chemicals used to clean cesspools manufacturing, chemical. production, ensure that their discharge meets MCLs such as trichloraethane and methylene and drycleaning). For example. the at the point of injection (or who choose chloride; and (:3) cesspools provide no Report estimated that in Nassau and not to because of the high cost of doing treatment except tor some settling of the Suffolk Counties in New York.an so) would have to close their wells. solids. In addition, the 1987 Report to average of 20 million gallons per day— Congress notes that some states have or, 36 thousand pounds per day of total Alternatives reported degradation of USDWs from dissolved solids—was injected into the As an alternative to the proposed such cesspools ;Report to Congress. p. subsurface by such facilities. This approach, EPA could ban all or certain 4-151). Based on these concerns, new Federal Register/Vol. 63. No. 145/Wednesday, July 29. 1998 i Proposed Rules 40605 cesspools are already banned in most amount of time to implement wells. EPA is proposing the pre-closure states. Where such bans presently exist, appropriate alternatives for managing notification requirement for large- 1 states are phasing out existing cesspools their sanitary waste. In particular. they capacity cesspools in Dl Programs over a time period negotiated by state cannot stop the generation of sanitary because of the Agency's knowledge of c.al governments or acceptable to waste, so the only options they would how these programs run rod what they EPA. have ruid be to connect to 3.1::.. ,: I The August 28. 1995 notice proposed sewer system or install a septic system. Because EJA does no: know if this same not to impose a federal ban on large- Both of these options may take more requirement is needed for all Primacy capacity cesspools because of the than a year to implement and may not States. and is unsure i.f such a actions being taken to control cesspools even be feasible (e.g.,the septic system requirement may in fact create a burden at the state level. The Agency proposed option would not be feasible if onsite that outweighs.its be::,efits in the context instead to use its existing enforcement soils do not satisfactorily pass a of individual state programs, the Agency authorities to supplement state bans percolation test). In comparison, there is not proposing to impose the pre- i where necessary to ensure compliance are generally accepted methods closure notification requirement on with the non-endangerment available to owners or operators of Primacy States. Instead, the proposal requirements of§144.12. motor vehicle-related facilities to stop would give states flexibility to use their Some commenters on the August 28, the disposal of motor vehicle waste own authority to adopt this or a similar 1995 proposal raised a number of issues fluids in Class V wells that can be requirement tailored to their particular associated with this approach. For implemented within 90 days with a needs. However.EPA requests comment example, the Sierra Club Legal Defense possible one year extension.These on this issue, including comments on Fund asserted that the proposal fails to alternatives include recycling, sending the merits and potential impacts of carry out SDWA requirements to spent solvents back to suppliers, extending the pre-closure notification prevent endangerment of USEWs,that installing a semi-permanent plug in the requirement to Primacy States. reliance on existing enforcement well and a sump to capture any spills E.Exclusion Criteria fear Septic Systems authorities is inadequate,and that the of motor vehicle fluids,running a dry and Cesspools existence of some state or local shop, and the other BMPs discussed regulations does not justify an.EPA above. Although EPA recognizes that As discussed in the August 28. 1995 decision not to regulate. In addition,one other types of permitting may be notice,the current U]:C regulations state commented that it has not banned -required for these options,EPA believes distinguish between septic systems used new cesspools by existing regulations. A that 90 days is sufficient to complete by single-family homes and non- ban in the federal UIC regulations this process. residential septic systems that receive would ensure that these high-risk wells EPA proposes to focus the large- solely sanitary waste and have the are not constructed in this state or any capacity cesspool ban on ground water- capacity to serve fewer than 20 people. other state that does not have its own based source water protection areas Section 144.1(g)excludes from UIC regulations banning them. around community water systems and regulation"individual or single family Based on these comments,',7A is ' non-transient non-community water residential waste disposal systems such today proposing to ban,starting on the systems for the purpose of prioritizing as domestic cesspools or septic rule's effective date,new large-capacity national policy and because these are systems"and "non-residential • cesspools in source water protection the highest risk wells_EPA expects and -cesspools,septic systems or similar areas delineated for community water strongly encourages states to use waste disposal systems if such systems systems and non-transient non- existing authorities to take whatever (A) are used solely for the disposal of community water systems that use measures are needed to ensure Class V sanitary waste, and(B)have the ground water as a source.Existing large- cesspools are not endangering USDWs capacity to serve fewer than 20 persons capacity cesspools in such areas would in any other sensitive areas outside a day." be required to close within five years of delineated source water protection areas EPA now believes there is no the effective date of the rule.Owners or (see§IV.B.1 for examples of other such difference between a single-family operators of such cesspools in DI areas). If a state does not have a residence septic system and a non- Programs would have to notify the UIC complete source water assessment residential system serving only a small Program Director of the intent to program by May 2003,the federal ban number of people,as long as the non- abandon their cesspool at least 30 days on cesspools would apply throughout residential system receives only sanitary prior to abandonment(owners or -the state.EPA also requests comment on waste.Thereforejhe August 28, 1995 operators of large-capacity cesspools in the merits and potential impacts of - notice proposed to revise§144.1 to Primacy States would have to meet any broadening the proposed cesspool ban exclude from UIC regulation all state-established reporting to source water protection areas • cesspools and septic systems serving requirements).For the purpose of this delineated for transient non-community fewer than 20 people,regardless of regulation,a"new"cesspool would be water systems that use ground water as where such systems are located.This one starting construction after the rule's a source.Transient systems are those revision would eliminate the distinction effective date. An "existing"cesspool that serve at least 25 people but not on between septic systems used by single- would be one that is operational or a regular basis(e.g., campground or family homes and small non-residential under construction when the rule highway rest stop).Including these septic systems that receive solely becomes effective.These new federal additional areas within the scope of the sanitary waste. At the same time,EPA requirements would strengthen existing proposed requirements for cesspools proposed to define cesspools and septic programs to protect USDWs. could address the unique acute risk systems as wells receiving solely Existing large-capacity cesspools associated with the shallow disposal of sanitary waste to distinguish them from would have five years to close instead uncoated sanitary waste in areas where similar devices receiving industrial of 90 days with a possible one year ground water is used as a drinking water waste waters, which would be aefined extension proposed for motor vehicle source. as industrial waste disposal wells. waste disposal wells because cesspool As discussed above for motor vehicle Finally,EPA proposed to define sanitary owners or operators may need this waste disposal wells and industrial waste as domestic sewage and 40606 Federal Register/Vol. 63, No. 145/Wednesday, July 29, 1998 I Proposed Rules Glass household waste. EPA requested public undue disruption to existing state and 146.3, In addition.certain existing comment on this propcsal and any local programs. State programs currently V requirements are being reiterated in or alternatives,such as exclusion criteria interpret the criterion in different ways, moved to the plain-English version of based on septic tank size (e.g., tanks with most programs using a septic the consolidated Class V regulations in under 2.000 gallons would not be system flow rate and other programs 40 CFR 144 S ihoart G. EPA is not subject to UIC regulation), flow rate using a septic tank size or other accepting cor^ent on these (e.g.. systems receiving less than 5,000 measure. These various state requirements. identified with notes in gallons per day would not be subject to interpretations appear to work well and the proposed rule language. because UIC regulation!, or dwelling size. achieve adequate protection of USDWs. they already e xis: in the UIC regulations Of the 57 comment letters submitted EPA's adoption of an interpretation and are only being reworded to improve on the proposal. 28 addressed this issue. currently used by one or more states their clarity. Only two commenters supported the may not improve protection but might ' proposal to maintain the threshold of 20 invalidate other state interpretations. 1. Sections 144.3 and 146.3—Definitions persons per day for systems subject to Therefore, EPA is again requesting In addition to the proposed new regulation. Eighteen commenters comment on the § 144.1(g)criteria definition of sanitary waste discussed preferred an alternative criterion,with proposed on August 28. 1995. which above, the proposed regulation would most preferring a threshold based on would exclude all septic systems and add new definitions for the terms flow rate. The suggestec flow rates cesspools '.vith a capacity to serve fewer "cesspool.""drywell,""improved ranged from 2,000 to 20.000 gallons per than 20 persons a day, without day. A few of the commenters preferred distinguishing between residential and "subsurface u "septic system,"and a criterion based on septic tank size non-residential systems.-This time. fluid distribution system." (ranging from 2,000 to 7,500 gallons), however. the Agency asks that The rule also would revise the existing and one commenter suggested that a soil commenters specifically address the definitions ones for "well"and "well application rate be used(1.5 gallons per question of whether the federal criteria injection." day per square foot). Apart from these need to be changed to correct a The definition of"cesspool" and ld conform with 18 commenters who preferred an significant operational problem,such as the new eptic sClass V cystem" ategories explained in - alternative criterion, four commenters inadequate protection of USDWs or section V.A of this preamble. asserted that all septic systems receiving extreme burden or confusion in An "improved sinkhole"would be solely sanitary waste—regardless of implementing the UIC program. If defined as a type of injection well capacity—should be excluded from UIC alternative criteria are believed to be regulated under the UIC program. regulation and addressed by states • needed,the Agency also requests that Today's proposed definition would through other,existing legal authorities. commenters propose a specific codify EPA's interpretation that the Two other commenters stated that all alternative and address how it would intentional disposal of waste waters in cesspools—regardless of capacity— work if adopted on the federal level. natural depressions, open fractures,and _ should be banned altogether. The vast majority of commenters on the crevices(such as those commonly In addition to comments on the prior proposal simply suggested that associated with the cooling of lava flows threshold for regulation,seven EPA adopt one state's interpretation. commenters took issue with the without regard to how it might affect the toy of it of une) fits d groan proposed definition of sanitary waste. other states. g statutory definition underground These commenters thought the In response to comments on the injection. proposed definition would not clearly proposed definition of sanitary waste, A "subsurface whih fluid mdistributions t establish that small septic systems and EPA agrees that the definition hould be proposed ros new eh is a term used in the other similar systems receiving only broadened to clarify that small-capacity system." definition definede "septic a c domestic sewage and household-type septic systems or cesspools at P y tandar would engineering esc with tion. wastes at commercial and industrial commercial and industrial facilities are standard The definition of"welt"would be facilities are excluded from UIC excluded from UIC regulation if they revised to clarify that a "well"includes regulation.The commenters suggested receive solely sanitary waste.Therefore, improved sinkholes and subsurface that the sanitary waste definition be the Agency is re-proposing today a new fluid distribution systems. broadened to include examples of sanitary waste definition in §§144.3 and The definition of"well injection" commercial or industrial settings where 146.3 that references commercial and would be revised to eliminate a the exclusion would apply. industrial facilities.This proposal is redundancy and simply state that well Alternatively,EPA could use a more based in part on the household waste injection means the subsurface general definition of sanitary waste that exclusion established in the RCRA emplacement of fluids through a well. includes wastewater generated from regulations (40 CFR 261,4(b)(1)). human wastes;personal or employee 2. Sections 144.6 and 146.5— F. OtherAmendments Classification of Wells food preparation;gray water(e.g.,hand washing waste from lavoratory and As outlined in Table I at the - The proposed regulation would revise kitchen sinks);and other domestic-type beginning of this preamble,EPA is §144.6(a) and § 146.5(a)by adding a wastes, regardless of where the waste reproposing other minor revisions paragraph (3) to move Class V • was generated, originally proposed in the August 28, radioactive waste disposal wells Based on these comments, as well as 1995 notice,in order to provide a injecting below all USDWs into the experience implementing the UIC complete and coherent picture of all Class I category. Such Class V wells, in program.EPA recognizes that the Class V UIC changes being fact, are similar to Class I wells in terms current 20 persons-a-day exclusion contemplated.These revisions, on of their design, the nature of fluids that criterion in the federal UIC revfations ":- 7? t. will continue to accept they inject, and their potential to has weaknesses. However, .t :s not now pu;tic cos:ment. address (1) a few endanger USDW's. In particular, like clear to EPA that a change to this definitions in §§144.3 and 146.3,and Class I wells. such radioactive waste criterion is necessary to protect USDWs (2) the classification of radioactive injection wells inject below all USDWs or could be made without causing waste disposal wells in §§144.6 and and warrant the sarne level of control. i Federal Register/Vol. 63. No. 145/Wednesday. July 29, 1998/Proposed Rules 40607 • The Agency believes that all of these into a Class V industrial well as defined 4. Part 145—State UIC Program wells are located in Texas, which in today's proposal. An analogous Requirements already regulates them as Class I wells. inventory requirement for conversions The Agency propo;es to amend Existing Class V radioactive waste to Class V motor vehicle waste disposal §145.11 to be consistent with the • snosal wells. there`nre. would not be wells and cesspools is not needed prnnosed changes in 40 CFR °ar•. 144. : suot c.,:o any adc,tsnai regulatory oecause the rule wou;s pr .,,,i,:: such ;'„ae proposed a. z ..,:.:.eats ..ouid requirements. However.the Agency well conversions. consistent with the insert a set of new recuirements in believes that Class I requirements ban on new motor vehicle waste § 144.86 that state programs must have related to permitting, construction, disposal wells and cesspools. However. the legal authority to implement. operating, monitoring,reporting, wells in source water protection areas These proposed amendments to Part mechanical integrity testing,area of could be converted to industrial wells 145 are technical corrections to review. and plugging and abandonment after the original submittal of inventory incorporate the proposed changes to 40 are needed to prevent any new information,and there would be no way Lb it Part 144. The corrections include a radioactive waste disposal wells from for the UIC Program Director to learn reference to the proposed new section endangering USDWs.The Agency, thus, about this potentially endangering and a redesignation of paragraphs to i proposes to reclassify Class V wells that situation if there is not a requirement to accommodate the new references. inject radioactive waste below the submit new inventory information. The lowermost USDW as Class I wells and VI. Regulatory Impact other change calls for the submittal of subject them to the full set of existing inventory information for new wells A.Executive Order 12866 Class I requirements. This approach is prior to construction rather thanprior to administratively simpler and more Under Executive Cyder 12866 (58 FR straightforward than keeping the wells starting injection. as currently in 51735,October 4. 1993).the Agency in the Class V universe and developing §144._6(e)(31.This change does not add must determine whether the regulatory identical requirements under the Class any new burden or cost for well owners action is "significant"and, therefore, V program. • or operators.To the contrary, it is subject to OMB review and the EPA wishes to clarify that this intended to help owners or operators requirements of the Executive Order. reclassification of Class V radioactive avoid a situation in which they have The Order defines"significant waste disposal wells does not affect the incurred all the cost of well regulatory action"as one that is likely disposal of naturally occurring construction and then later,clue to some to result in a rule that may: radioactive material (NORM) in Class II unforeseen problem,are prohibited from (1)Have an annual effect on the wells as part of oil and gas field •using the well after they submit economy-of$100 million or more or operations.The injection of fluids inventory information. Submitting the adversely affect in a material way the associated with oil and natural gas information prior to construction would economy,a sector of the economy, production, including such fluids give UIC Programs the opportunity to -productivity,competition, jobs, the containing NORM,would continue to be intervene or advise before any environment,public health or safety,or regulated under existing Class II UIC construction costs are wasted. state. Local,or Tribal governments or requirements or under applicable Just like the pre-closure notification communities: regulations prescribed by the Primacy requirement proposed for motor vehicle (2)Create a serious inconsistency or State agency. waste disposal wells, industrial wells, otherwise interfere with an action takes: or 3.Existing Regulations Being Reiterated and large-capacity cesspools,EPA is (3)Materially alter the budgetary or Replaced in 40 CFR Part 144,Subpart proposing the new inventory impact of entitlements, grants,user fees, G - requirement for well conversions in DI or loan program or the right and Programs because the Agency knows The existing description of the five how these programs run and what the obligation of recipients thereof;or - classes of injection wells in§144.6 EPA Regions want and need to track the (4)Raise novel legal or policy issues would be reiterated,in a plain-English status of high-risk wells. Because EPA arising out of legal mandates,the format, in §144.82 in the new Subpart • g President's priorities,or the principles I G. Similarly,the existing prohibition of does not know if this same requirement set forth in the Executive Order. fluid movement in §144.12 would be is needed for all Primacy States Pursuant to the terns,of Executive reiterated in§144.80. (comparable or better mechanisms may Order 12866,it has been determined The existing inventory requirements already exist or could be developed), that this rule is a"significant regulatory for Class V wells in §144.26(b)(1)(iii) and is unsure if such a requirement may action".As such.this action was and (e) and the description of when in fact create a burden that outweighs its submitted to the Office of Management Class V injection is authorized by rule benefits given each state's available and Budget(OMB) for review.Changes in§144.24 would be deleted and moved resources:the Agency is not proposing made in response to OMB suggestions or to§§144.83 and 144.84,respectively, in to impose the new inventory recommendations will be documented the new Subpart G. requirement on Primacy States. in the public record. - With only two exceptions, the However,as with the pre-closure Section 6(a)(3)(B) of EO 12866 substance of these existing requirements notification requirement,EPA requests requires that for all significant would not be changed.Only the comment on this issue, including regulatory actions, the Agency prepare,. language and-format of the requirements comments on the merits and potential and provide to OMB and the public, an would be revised to make them easier to impacts of extending the inventory assessment of the potential costs and understand.One of the changes is a requirement to Primacy States.EPA also benefits of the regulatory action, proposed new requirement in requests comment on the merits of including an explanation of the manner §144.83(a)(2)(iii) for owners or broadening the inventory requirement to in which the regulatory action is operators of wells in delineated source well conversions outside of delineated consistent with a statutory mandate and. water protection areas,in DI Programs source water protection areas. Based on to the extent permitted by law, promotes- only, to submit new inventory public comment, EPA may broaden the the President's priorities and avoids information if they convert their well inventory requirement in the final rule. undue interference with State. local, -wows Federal Register Vol. 63. No, 145 i eunesdac. 29. 1998! Prbvcsed Ruses and tribal iovernments in the exercise In order to assess the number of wells The kg.nr 'assumed that all of their governmental :unctions. Section in SWPAs. EPA used the analytical wall cor e e the:: source water states 8M)(3)(El requires that the Agency assumption that states will delineate assess- er, a ogra:na or. ti.:;e- This identify for the pubic the substantive S\VP Vi by using areas of one-half mile ass urn changes made between the draft raf.: a n '2 into consideration that ius around water su^olv wei]s ,or 44 states and 2 a-.:-p,ies already have submitted to OMB for review and the community water system-:. and of one- existing s-... published proposal, and those - -� protection;tat programs P changes quarter mile radius around water supply in place at ,.at these totes will be mace at the suggestion or wells for non-transient non-community able to build on these programs to meet recommendation of CNIB. water s;stem,. EPA based this Accordingly. the Agency p - �qe spume water s. The protection AAgency y s has prepared assumption on the fact that many states requirements. Ageaa•also assumed an Economic Analysis (EA) of the used this approach to delineate `1HP.-s. the maximum possible time allowed for Proposed Rule that assesses its costs. It was also necessary to estimate the completing these assessments, including The Agency estimated the total costs of likely overlap between SWPAs and use of the :-Mil 180 day extension. the rule under two proposals. Under areas with Class V wells. Both Class V Further. this proposal affects SWPAs for Proposal 1. motor vehicle waste waste disposal wells and drinking water the 63.524 community and non- disposal wells are banned. Under wells are likely to be located near transient Proposal 2 motor vehicle waste disposal populated areas, suggesting that more systems which non-community only 45% of all wells are allowed to continue operating Class V wells will be located within of the systems for which the state must under permits. The Agency estimates SWPAs than if they were randomly complete a source water assessment and the cost for Proposal 1 at approximately distributed across a State. However, it is envisioned that states will compiete 554.5 million, with a possible range of because drinking water wells are often these assessments first. Finally, states $27 million to 385 million. Under located on the outskirts of a community can use 10 percent of their FY 1997 Proposal 2, the total costs of the rule are and the SWPA is relatively small (one- allotment from Drinking Water State estimated at approximately$44.5 quarter mile radius around non- Revolving Funds, which totaled $1.2 million, with a possible range of 321 transient systems arid one-half mile billion to help this endeavor. EPA is million to 570 million.The cost radius around community water proposing that the rule apply statewide e inmates under both proposals cover a systems) SWPAs are likely to have fewer if SWAPs are not completed on time, wide range because the location of most Class V wells than areas near the center however,EPA realizes that the total cost affected Class V wells is unknown, and of the community. EPA assumed that a of the rule could increase several fold if the boundaries of SWPAs have not yet SWPA is twice as likely to contain a one or two highly populated states do been delineated. Using the multi-step Class V waste disposal well as an equal not meet the deadline. The Agency process described below, the Agency area of land outside a SWPA (excluding requests comment on its assumption estimated the number of wells that will urban land). Because this assumption is that all states will meet the deadline. potentially be affected by the proposed difficult to verify. EPA also developed a The process described above relating rule. range of cost estimates using the First. EPA compiled a list of SIC assumptions that SWPAs were either to compiling a list of SIC categories utsidt and categories that captures the universe of three times as likely or no more likel • then eliminating ofhel wfaash so outside the facilities that could use motor vehicle to contain Class V waste disposal wells scope to the rule was of in used to waste disposal wells. Injection well as non-SWPAs(in the non-urban facestimate the number industrial affected inventory data from eight States were portion of each statel. The upper and Class well..The estimate have en a sfec provided reviewed to determine the SIC lower bounds of the estimated cost toClass VRegThe cg mwas e categories associated with industrial range shown above reflect these who o con ideied the l erogram managers wells. An SIC category was included in alternative assumptions. over stimates ofd ctul g the list of affected industries if it Class V industrial thewells,actual number-of To put this estimate context,EPA extensive lde e based. tis f likely appeared once in at least three of the estimates that about 9,420 waste eight State inventories. Starting with all disposal wells will be affected by the that uing SIC codes experience. estimate thefacilities listed under each of the rule. Since there are 63,524 community number of industrial facilities with selected SIC categories,EPA eliminated and non-transient non-community Class V wells is not reliable because it those facilities that would be outside the ground water systems in the country, is difficult to specifically identify which scope of the proposed rule. These this means on average about one in industries within each classification are included facilities connected to sewers seven SWPAs will have an affected likely to use Class V wells and which or discharging to.surface water, facilities Class V well. Using the upper bound wells are covered by this proposal, with wells closed under a past estimate of 14,130 affected wells implies rather than being included in the other Administrative Consent Order and that about one in four SWPAs would industrial well category that is still facilities located outside source water have an affected well, while using the being studied. Also,EPA believes that protection areas (SWPAs) delineated lower bound estimate of 4,710 affected industrial facilities generally are more around community water systems and wells implies that one in thirteen likely to be located in severed areas and non-transient non-community water SWPAs would have an affected well. to employ waste recycling measures systems that use ground water as a The Agency estimated that nationwide, than motor vehicle facilities. EPA source. EPA also eliminated 50 percent about 2 percent of all motor vehicle Region 3 maintained extensive of facilities within currently delineated waste disposal wells are located in inspection records in their Well wellhead protection areas (WHPAs), and SWPAs. with a range of 1 to 3 percent. Activities Tracking,Evaluation and 50 to 75 percent of the remaining (Note: For the baseline case of 2 percent. Reporting System Q,covering a period facilities in 10 states that explicitly ban the percentage varies among states with from 1993 through 1996.An analysis of or otherwise stringently control such a range between 0.14 percent and 29.22 this data, which contains over 11,000 wells. This step was taken because these percent.) EPA requests comment on its inspection records, revealed that wells are either already prohibited or procedure for estimating the number of approximately 75 percent of Class V are otherwise stringently controlled. affected wells in SWPAs. waste disoosa. ;veil ,nsoected were ee o...r neorsrer, \M,. o.,. .Np. ..o; ),sect moat. July 29. lb_n3 rre'oseu R...es 4O609 used by automotive service-related action as defined by E.O. 1_,366 and Industrial Classifictticn (S:C) sv4em. businesses. To be conservative. the because the proposed rule has included These criteria are usually espresed in Agency assumed that the remaining community. non community and non- terms of number of employees ar dollar wells would be industrial. resulting in transient water systems (which include volume of sales_ a ratio of 3 motor vehicle waste disposal schools and hospitals), EPA.does not The proposed rule would afiert the - for ever; one industrial well. have reason to believe the rule concerns ce.vne s and ooeratcr. of �_ones 'hr•ect ..;dough this yields a much lower environmental health risks or sale:,- of Class .. wells in source .cater estimate for the number of affected asks that may have a disproportionate protection areas delineated for industrial wells (2,355) than the affect on children. community water systems and non- estimate of potentially affected facilities C. Popenvork Reduction Act transient non-community water systems derived from the SIC code list. EPA that use ground water as a sourm:motor believes that using this data provides a The information collection vehicle waste disposal wells. industrial more realistic picture of the number of requirements in this rule are currently waste disposal wells, and large-capacity industrials wells affected by the rule. under development.The Information cesspools. Because it is infeasible to EPA requests comment on this Collection Request(ICR) will be assess the prevalence of Class V waste procedure. submitted for approval to the Office of disposal well use in every inclusion-.EPA Protecting the quality of Underground Management and Budget (OMB) under developed a list of SIC categories which Sources of Drinking Water(USDWs) has the Paperwork Reduction Act, 44 U.S.C. it believes captures the universe of many benefits. Foremost are the benefits 3501 et seq. upon completion.Two ICR facilities that possibly could use motor to the health and welfare of consumers documents are being prepared by EPA— vehicle and industrial waste disposal • of the water.including children and one for each of the proposed alternative wells. Injection well, inventory data • other sensitive groups such as the regulatory approaches for the motor from eight states (Illinois. Kansas. elderly and the health-impaired for the vehicle waste disposal wells (ICR Nos. Montana,Nebraska. New Hampshire, present and for future generations. 1873.01 and 1874.01). Copies will be pennsylvania.Virginia and West Related to potential health concerns are available from Sandy Farmer by mail at Virginia) were reviewed to determine lost work and school time due to visits OP Regulatory Information Division; the SIC categories associated with to physicians and the associated costs of U.S. Environmental Protection Agency industrial and motor vehicle wane providing medical monitoring and care. (2137); 401 M St., S.W.;Washington.DC .disposal wells. An SIC category was A protected high-quality source of 20460,by email at .included in the list of affected drinking water also is important to a farmer.sandy' epamail.epa.gov, or by industries if it appeared once in at least community's development and ability to calling(202) 260-2740.The information three of the eight state inventories- attract employers. Another major benefit requirements will be published of protecting USDWs is avoiding the separately in the Federal Register when EPA then pared this list down to cost of responding to contamination. EPA submits them to OMB for review reflect the number offacilities that ma- These avoided costs could include and approval.The ICRs are not effective be actually affected by the proposed purchasing replacement water, until OMB approves them and EPA rule. EPA eliminated from the list those installing point-of-use treatment, publishes an OMB control number.The facilities that would be outside the switching to alternative water supply OMB control numbers for EPA's scope of the rule,including: facilities systems,drilling replacement wells, regulations are listed in 40 CFR Part 9 connected to sewers(which presumably building water conveyance structures and 48 CFR Chapter 15. would not dispose of wastewater in from new sources,and/or installing injection wells); facilities located in permanent treatment systems. Some of D.Regulatory Flexibility Act states that have already banned types of • -these benefits are easier to quantify than The Regulatory Flexibility Act(RFA) Class V wells that would be targeted by others, but all are significant. as amended by the Small Business the proposal; facilit:es injecting B. Children's Health Protection and Regulatory Enforcement Fairness Act wastewater likely to qualify as • Executive Order 13045 (SBREFA),requires EPA-to explicitly hazardous waste (in which case.the • • consider the effect of proposed well is a Class IV well and already Executive Order 13045,entitled regulations on small entities. In banned under the existing UIC "Protection of Children from accordance with Section 603 of the regulations):and facilities located Environmental Health Risks and Safety RFA. EPA has prepared aninitial outside source water protection areas Risks" (62 FR 19885.April 23, 1997), regulatory flexibility analysis(IRFA) delineated around community water applies to any rule that EPA determines that examines the impact of the systems and non-transient non- (1) is economically significant as proposed rule on small entities along community water systems that use defined under Executive Order 12866, with regulatory alternatives that could ground water(only weds inside such and (2) concerns an environmental reduce that impact.The IRFA is areas would be subject to the rule,as health or safety risk that EPA has reason available for review in the docket and is proposed). to believe may have disproportionate summarized below. Although states have the flexibility to effect on children.If the regulator./ The RFA's definition of small entity delineate their Source water protection action meets both criteria,the Agency includes srriall businesses,small areas in a variety of ways,EPA believes must evaluate the environmental health governmental jurisdictions and small that such areas delineated for ground or safety effects of the planned rule on not-for-profit organizations.This water supply sources will be similar to children and explain why the planned proposed rule would primarily affect wellhead protection areas already regulation is preferable to other small business entities.To define small delineated in most states. A total of 44 potentially effective and reasonably business entities, EPA used the Small states and 2 Territories have EPA- feasible alternatives considered by the Business Administration's(SBA) approved Wellhead Protection Agency. industry-specific criteria published in Programs. Most of tnese programs have This proposed rule is not subject to 13 CFR 121. SBA size standards have defined wellhead protection areas using E.O. 13054 because this is not an - been established for each type of a fixed radius around water supply economically significant regulatory economic activity under the Standard wells. 40610 Federal Register/Vol. 63. No. 145/Wednesday, (uly 29. 1998/Proposed Rules Given this situation. EPA estimated source. The basis for this decision is as did not reach consensus. including the number of facilities likely to fall follows. adequacy of the non-regulatory within source water protection areas by First, if the proposed rule bans Class approach contained in the 1995 estimating the number of facilities likely V motor vehicle waste disposal wells proposal, the possibility of allowing to fall within a fixed radius of existing while allowing industrial waste disposal injectate to exceed an MCL at the point supply wells. Based on data from the wells to continue operating under of injection provided it does not State Wellhead Protection Plans. it was specific conditions, about 4.536 to 4594 endanger USDWs. See section II.C.6 assumed that the typical protection area 149 to 52 percent) of the affected small above for a more complete list and will be a half-mile radius around entities would incur annualized description of changes made to today's community ground water supply wells compliance costs that represent more - proposal in response to and a quarter-mile radius around non- than 1 percent of their sales (or income recommendations from the Small transient non-community ground water for small governments). Furthermore. Business Advocacy Review Panel. supply wells. Using these areas and about 2.036 to 2.160 (22 to 24 percent) current data on the number of supply of the affected small entities would E. Enhancing rhea Intergovernmental wells in each state. EPA estimated the incur costs that represent more than 3 Partnership land area in each state likely to fall percent of their sales (or income for To reduce the burden of Federal within a source water protection area small governments). regulations on state and small targeted by the proposal. That area was Second, if the proposed rule allows governments, the President issued then divided by the total land area in existing motor vehicle waste disposal Executive Order 12875, entitled the state to estimate the fraction of land wells to continue to operate under Enhancing the Intergovernmental in each state likely to be in a source permits and industrial waste disposal Partnership, on October 28. 1993 (48 FR water protection area. As described wells to continue operating under 55093). Under Executive Order 12875, earlier in this section. the number of specific conditions, about 4.118 to 4.448 EPA may not issue a regulation that is potentially affected facilities was (45 to 48 percent) of the affected small not required by statute and that creates estimated by multiplying that fraction entities would incur casts that represent a mandate upon a state, local or Tribal by the total number of facilities in each more than 1 percent of their sales (or government unless the Federal state estimated to have a Class V motor income for small governments); government provides the necessary vehicle waste disposal well or industrial whereas, about 1.644 to 1,836 (18 to 20 funds to pay the direct costs incurred by well that would be subject to the percent) of the affected small entities the state, local or Tribal government or proposal. Then, this number was would incur costs that represent mare EPA provides to the Office of doubled to account for the assumption than 3 percent of their sales (or income Management and Budget a description that SWPA are twice as likely to contain for small governments). of the extent of the Agency's prior a Class V well as an equal area outside To reduce the impact on small consultation and written of a SWPA. EPA specifically requests businesses,EPA has attempted to keep communications with elected officials comments on this approach, which is permitting, reporting,and other and other representatives of affected described in more detail in the administrative requirements to a state, local and Tribal governments,the economic analysis available in the minimum to provide regulatory relief to nature of their concerns,and an Agency docket,as well as suggestions and data small entities while protecting drinking statement supporting the need to issue that could be used for other approaches. water supplies. - the regulation. In addition,Executive • Once a final list of affected facilities As discussed above in section II.C.6 of Order 12875 requires EPA to develop an was determined in this manner.EPA this preamble, EPA conducted outreach effective process permitting elected • estimated which'of the affected and convened a Small Business officials and other representatives of s businesses are primarily small Advocacy Review Panel to obtain advice state, local and Tribal governrents"to businesses using SBA's size thresholds. and recommendations of representatives provide meaningnui and timely input in Of the 57 SIC categories included in the of the affected small entities under the development of regulatory proposals analysis. 50 of them are made up section 609(b) of the RFA as amended containing significant unfunded primarily of small businesses (i.e.,at by the SBREFA of 1996.Today's notice mandates".Moreover,because there is least 95 percent of the facilities fall incorporates all of the recommendations an insignificant number of Class V wells below the SBA size threshold) and 9,176 made by this Panel in an effort to owned by state, local and Tribal of the 9,422 affected entities are minimize impacts to small businesses. governments in SWPAs, this proposed considered small businesses. For example, today's notice offers a co- rule does not have significant or unique The proposed rule would require proposal and an alternative to the affects on state, local and Tribal affected Class V motor vehicle waste proposed ban of motor vehicle waste governments. disposal wells to either close or get a disposal wells that would give owners .. permit that requires waste fluids to meet or operators of such wells greater F. Unfunded Mandates MCLs at the point of injection, would flexibility. It also gives UM Program Title II of the Unfunded Mandates require affected industrial waste Directors discretion to extend the Reform Act of 1995 (UMRA), P.L. 104— disposal wells to close or meet MCLs at deadline for complyingwith the new 4, establishes requirements for federal the point of injection,and would ban requirements when more time is needed agencies to assess the effects of their affected large-capacity cesspools. EPA by owners or operators,and proposes regulatory actions on state, local,and has determined that these requirements flexibility to regulate certain drainage tribal governments and the private might have a significant economic wells at commercial and industrial sites sector. Under section 202 of the UMRA, impact on a substantial number of small like stormwater drainage wells rather EPA generally must prepare a written entities that use either motor vehicle than industrial wells. which would be statement, including a cost-benefit waste disposal wells or industrial waste subject to more stringent standards.In analysis, for proposed and final rules disposal wells located in areas addition, today's proposal requests with "federal mandates" that may result delineated for community water systems comment on several issues raised by in expenditures to state, local, and tribal or non-transient non-community water small entity commenters on which the governments, in the aggregate, or to the systems that use groundwater as a Small Business Advocacy Review Panel private sector, of 5100 million or more Federal Register/Vol. 63. No. 145/Wednesday, July 29. 1998/Proposed Rules 40611 in any one year. Before promulgating an standard bodies. Where available and a permit is finalized, there would be an EPA rule for which a written statement potentially applicable voluntary increased burden to states that choose to is needed. section 205 of the UMRA consensus standards are not used by adopt this option to review the permit generally requires EPA to identify and EPA, the Act requires the Agency to application and site-specific details for .'Her a reasonable number of provide Congress. through MOB. an each r_ci' ''' ., - -. :ego lts motor regulatory alternatives and adopt the expianation of:he reasons for not using vehicle waste disposal well open. Based least costly,most cost-effective or least such standards. on this review, states would have to burdensome alternative that achieves The Agency does not believe that this either deny the application or develop the objectives of the rule.The proposed rule addresses any technical and enforce permit requirements to provisions of section 205 do not apply standards subject to the N-ITAA. A make sure the web.does not endanger when they are inconsistent with commenter who disagrees with this USDWs. applicable law. Moreover, section 205 conclusion should indicate how the allows EPA to adopt an alternative other Notice is subject to the Act and identify List of Subjects than the least costly, most cost-effective any potentially applicable voluntary 40 CFR Parts 144 and 146 or least burdensome alternative if the consensus standards. Environmental protection, Ground Administrator publishes with the final H.Environmental Justice water pollution control, Hazardous rule an explanation why that alternative waste, disposal wells, Water was not adopted.Before EPA establishes Pursuant to Executive Order 12898 p any regulatory requirements that may (59 FR 7629, February 16, 1994), the supply. significantly or uniquely affect small Agency has considered environmental 40 CFR Part 145 governments,including tribal justice related issues with regard to the governments,it must have developed potential impacts of this action on the Environmental protection,Water under.section 203 of the UMRA a small environmental and health conditions in supply. government agency plan.The plan must low-income and minority communities. Dated:July 17.1998. provide for notifying potentially The Agency believes that today's Carol M.Browner, affected small governments, enabling proposal provides equal public health Administrator. officials of affected small governments protection to communities irrespective For the reasons set out in the to have meaningful and timely input in of their socio-economic condition and preamble,title 40 set chapter I of the Code the development of EPA regulatory -demographic make-up. aosaLs v:'•.h significant federal of Regulations is proposed to be L Effect on States With Primacy amended as follows: in.egovernmentai mandates,and According to lotions at 10 CFR informing,educating,and advising 6uPART 14.4—UNDERGROUND small 145.32.Primacy States would have 270 governments on compliance with - INJECTION CONTROL PROGRAM the regulatory requirements. • days from the effective date of the final EPA has determined that this rule rule to submit.to EPA documents_ 1.The authority citation for part 14c does not contain a Federal mandate that ' demonstrating that proper legal continues to read as follows: may result in expenditures of$100 authority and regulations exist to - Authority:Safe Drinking Water Act.42 million or more forstate, local.and administer and enforce the new U.S.C.300f et seq.:Resource Conservation tribal governments, in the aggregate,or requirements for Class V cesspools. and Recovery Act,42 U.S.C 6901 et seq. the private sector in any one year. motor vehicle waste disposal wells,and Specifically,the costs to the regulated industrial wells.Depending on the 2. Section 144.1 is amended by community is estimated at existing state program and authorities, adding a new paragraph (f)(1)(vii), approximately S55 million for the these documentscould include a revising paragraphs(g)(1)introductory option in which motor vehicle wells are modified program description that text, (g)(1)(iii), (g)(t)(iv)and(g)(2)(ii), required to close and S45 million for the outlines the structure,coverage,and removing paragraph(g)(2)(iii), option in which motor vehicle well processes of the state's Class V UIC redesignating paragraphs(g)(2)(iv)and owners can apply for a permit.The cost program.Revisions to State UIC (v) as (g)(2)(iii) and (iv),and revising estimates to state governments are still Programs needed to incorporate the new newly designated paragraph(g)(2)(iv)to bein7 refined but are not expected to requirements would be subject to public read as follows: exc _d several million dollars.Thus, notice and comment requirements. 5144.1 Purpose and scope of part 144. today's rule is not subject to the Reasonable efforts by states to • • requirements of section 202 of the implement and enforce the new (f)(1) • • • • UMRA. requirements as part of their ongoing (vii)Subpart G sets forth requirements programs should not be burdensome, P q C. National Technology Transfer and because the new requirements are for owners and operators of Class V Advancement Act primarily directed toward well owners injection wells. Under section 12(d)of the National and operators,not UIC program • Technology Transfer and Advancement authorities. For example, if finalized, (g) • • • Act,the Agency is required to use the ban on motor vehicle waste disposal (1) Specific inclusions.The following voluntary consensus standards in its wells should be self-implementing by wells are included among those types of regulatory and procurement activities owners or operators,with no new injection activities which are covered by unless to do so would be inconsistent reporting, inspection, or other the UIC regulations. (This list is not with applicable law or otherwise administrative requirements for Primacy intended to be exclusive but is for impractical. Voluntary consensus States (the new requirements for owners clarification only.) standards are technical standards (e.g., or operators to submit pre-closure • materials specifications,test methods, notification is reserved for wells in DI (iii) Any well used by generators of sampling procedures, business Programs). However,if the proposal to hazardous waste,or by owners or practices, etc.) that are developed or allow owners or operators of motor operators of hazardous waste adopted by voluntary consensus vehicle waste disposal wells to apply for management facilities,to dispose of 40612 Federal Register/Vol. 63. No. 145/Wednesday. July 29, 1998/Proposed. Rules fluids containing hazardous waste. This facilities.and industrial facilities 144.84 Do I need:o get t permit? includes the disposal of hazardous provided the waste is not mixed with waste into what would otherwise be industrial waste. Additional Requirements for Class v septic systems and cesspools, regardless - Cesspools.Motor Vehicle Waste Disposal of their capacity. - Wells.and Industrial welts • (iv) Any septic system.cesspool, or Septic system means a "well" that is 144.35 Do these additional requirements othother well used solely for the used solely to emplace sanitary waste apply to me' _. er wace useds of sanitary below the surface and is comprised of 144.86 What are the additional subsurface ace haying emplacementa capacity to serve 20 a septic tank and subsurface fluid requirement;? persons or more per day. distribution system. t4a.87 Now do f close my Class V injector.(2) . well' (ii) Any septic sustain. cesspool, or Subsurface fluid distribution system Subpart G—Requirements for Owners other well used solely for the subsurface means an assemblage of perforated and Operators of Class V Injection emplacement of sanitary waste, having Pipes, drain tiles, or other mechanisms Wells the capacity to serve fewer than 20 intended to distribute fluids below the the ca s aday, surface of the ground. §144.79 General • • This subpart tells you what (iv) Any dug hole. drilled hole, or Well means: requirements apply to you if you own or _ bored shaft which is not used for the (1)A bored, drilled, or driven shaft: operate a Class V injection well. You subsurface emplacement of fluids. (2) A dug hole whose depth is greater may also have to follow additional • - - • than the largest surface dimension: requirements listed in the rest of part , 3. Section 144.3 is amended by (3)An improved sinkhole; or 144. Where they may apply, these other adding new definitions in alphabetical .(4)A subsurface fluid distribution requirements are referenced rather than order for"cesspool," " in alphabetical system. ' , repeated below. The requirements oimproved sinkhole,""sanitary waste," Well injection means the subsurface described in this subpart and elsewhere "septic system,"and "subsurface fluid emplacement of fluids through a well. in part 144 are to protect underground Section 144.6 is amended by sources of drinking water and are part distribution system,"and by revising the definitions of"well"and "well adding a new paragraph (a)(3) and of the Underground Injection Control injection"to read as follows: revising paragraph (e) to read as follows: (UIC) Program established under the §144.6 Classification at weer. Safe Drinking Water Act.This subpart is §144.3 Definitions. written in a special format to make it - *(a) • easier to understand the regulatory ' (3) Radioactive waste disposal wells requirements. Like other EPA Cesspool means a"drywall"that which inject fluids below the lowermost regulations, it establishes enforceable receives solely untreated sanitary waste, and which sometimes has an open formation containing an underground legal requirements. source of drinking water within one bottom and/or perforated sides. • • • quarter mile of the well bore. Definition of Class V Injection Wells Drywall means a well,other than an • §144.60 What Is a Class V Injection well? improved sinkhole or subsurface fluid (e) Class V. Injection wells not As described in more detail in§144.6 included in Class I,II,III,.or W. Specific in subpart A.injection wells are defined distribution system,completed above the water table so that its bottom and types of Class V injection wells are as follows: sides are typically dry except when described in §144.81 in subpart G of YP Y p (a) Class I wells inject hazardous, receiving fluids. this part. • industrial,or municipal wastes beneath ' • 5. Section 144.24 is revised to read as the lowermost formation containing an Improved sinkhole means a naturally follows: underground source of drinking water occurring karst depression or other §144.24 Class V wells well; within one-quarter mile of the natural crevice found in volcanic terrain A Class V injection well is authorized well: and other geologic settings which have by rule,subject to the conditions in connected Class II wells or t natural g been modified by man for the purpose §144.84 in subpart G of this part. recovery production o oil o odal gas of directing and emplacing fluids into recovery or or for the storage the subsurface. §144.26 Amended of liquid hydrocarbons; • 6. Section 144.26 is amended by (c)Class III wells inject fluids for the • Sanitary waste means liquid or solid removing paragraphs (b)(1)(iii)and (e). mining wells l Mject hazardous wastes originating solely from humans 7. Subpart G is added to read as (d)Class v waste tojor or and human activities,such as wastes follows: radioactive into or above formations containing a USDW within collected from toilets, showers, wash basins, sinks used for cleaning domestic operators ubpart RClass V Injection equirements for Owners lls and one-quarter mile s the well. areas. sinks used for food preparation, 1 et nss V wells not all one other clothes washing operations,and sinks or Sec. injection l classes listed wells that do c ll of the washing, machines where food and 14479 General classes above. Typically, Class V beverage serving dishes,glasses,and Definition of Class V Injection Wells wells are shallow wells used to place a utensils are cleaned. Sources of these 144.80 What is a Class V injection well? variety of fluids directly below the land wastes may include single or multiple 144.81 Does this subpart apply to me? surface. However,if the fluids you place ous residences. hotels and motels. in the nder the q Resource e s a Consehazarrvation Requirements for All Class V Injection Wells waste under Conservation restaurants, bunkhouses,schools,ranger 144.82 What must I do to protect and Recovery Act (RCRA),your well is stations.crew quarters,guard stations, either a Class I or Class IV well, not a campgrounds, picnicgrounds, day-useunderground sources of drinking water? Y- w Do I need to notify anyone about my Class V well.described in types of Class V recreation areas. other commercial well? wells are described in g 144.81. Federal Register/Vol. 63. No. 145/Wednesday, July 29. 1998/Proposed Rules 40613 §144.81 Does this subpart apply to me?This subpart applies to you if you (c) Cesspools are drywells, which injecting solutions t: neutralize sometimes have an open bottom and/or contamination or to return previously own or operate one of the following well perforated sides. used to dispose of contaminated ground water that has in—its. all of which qualify as Class V untreated sanitary waste. They are been treated: and wells that inject water .;. typird,ly located in areas not served by :o nor :+ of idir water in (al Motor vehicle waste disposal wells sanitary sewers.This subpart applies to coastal areas into freshwater aquifers. receive or have received fluids-from you only if your cesspool has the (g)Fluid return wells are used to vehicular repair or maintenance capacity to dispose of sanitary waste inject fluids associated with the activities,such as an auto body repair from 20 persons or more per day (you production of geothermal energy for shop,automotive repair shop, new and are exempt from this subpart and from space heating or electric power. the used car dealership, specialty repair the federal Underground Injection operation of a heat pump. aquaculture, shop (e.g.,transmission and muffler Control program if it is smaller than or the extraction of minerals from repair shop), or any facility that does that). However, if you use your cesspool produced fluids. For example, wells that any vehicular repair work. Fluids to dispose of motor vehicle waste or inject spent geothermal fluids, following disposed in these wells may contain industrial waste,either by themselves or extraction of the heat energy, are used organic and inorganic chemicals in together with sanitary waste.your well to recharge geothermal reservoirs and concentrations that exceed the qualifies as a motor vehicle waste avoid surface discharges.Other maximum contaminant levels (MCIs) disposal well or an industrial well examples of fluid return wells include established by the primary drinking rather than a cesspool. electric power wells that inject fluids water regulations (see 40 CFR part 142). (d) Septic systems are septic tanks and from electric power generation facilities, These fluids also may include waste fluid distribution systems, such as and wells used to inject spent brines petroleum products and may contain leachfields or wells,used to dispose of after the extraction of halogens (e.g., contaminants, such as heavy metals and sanitary waste only. Like cesspools,this bromine) or their salts. volatile organic compounds,which pose subpart applies to you only if your (h) Sewage treatment effluent wells risks to human health. septic system has the capacity to are used to inject treated effluent from (b)Industrial wells are used to inject dispose of sanitary waste from 20 publicly owned treatment works or non-hazardous industrial or commercial persons or more per day. However,if treated effluent from privately owned waste and fluids other than those you use your septic system to dispose of treatment facilities receiving solely described for the other types of Class V motor vehicle waste or industrial waste, sanitary waste. If you inject effluent wells. These include but are not limited either by themselves or together with from a privately owned treatment to: sanitary waste, your well qualifies as a facility that receives industrial waste, (1) Wastewater from petroleum motor vehicle waste disposal well or an your well qualifies as an industrial well refineries,chemical manufacturers,dry industrial well rather than a septic rather than a sewage treatment effluent cleaners,electric component system. well.Also,if you own or operate a well manufacturers,small machine (e) Drainage wells consist of a variety that injects sewage treatment effluent manufacturers,die and tool of wells used to drain surface and beneath the lowermost formation manufacturers,commercial printers, subsurface fluids.These wells include containing a USDW, it qualifies as a I asphalt manufacturers,and other agricultural drainage wells that receive Class I well rather than a Class V well. industrial operations; or irrigation or stormwater runoff.Drainage (i)Experimental technology wells (2)Spills from industrial or wells also include stormwater runoff include any well that.is an integral part i commercial process areas,storage areas, wells in municipalities.A well at a of an unproven subsurface injection or loading docks, or drainage highly commercial or industrial site also technology other than waste disposal. i contaminated by large spills from such qualifies as a drainage well, not an such as in situ coal liquification, in situ areas.This is different than routine industrial well,if it is intended for oil shale retorting,tracer studies,and stormwater runoff. A well intended for stormwater management,even if it may secondary water recovery(e.g.,using air stormwater management that may have have the potential to receive to force underground water bound in the potential to receive insignificant insignificant amounts of waste due to -the unsaturated zone into the saturated amounts of waste due to unintentional unintentional small volume leaks,drips, zone where it can be recovered). small volume leaks,drips,or spills,and or spills,as long as it cannot reasonably (j)Mine backfill and drainage wells that cannot reasonably be separated be separated from potential sources of are used to place mine drainage or from potential sources of contamination contamination.This category does not slurries of sand,gravel,cement,mill qualify as drainage wells,as described include mine drainage wells.Mine tailings/refuse,fly ash, or other solids below, backfill and drainage wells are defined into underground mines,whether what (3) Wastewater from carwashes • in paragraph (j) of this section. -is injected is a radioactive waste or not. specifically set up to perform engine or (f)Beneficial use wells are used to Mine backfill and drainage wells may undercarriage washing.This does not improve either the quality or flow of serve a variety of purposes, including include wastewater from manual aquifers or to provide some other - subsidence prevention, filling carwashes where people use hand-held ground water management benefit.They .dangerous mine openings, disposing of hoses to wash the exterior of their cars, include aquifer recharge wells used to wastes from mine operations,and fire trucks, or other vehicles. Wells at such re-supply dwindling ground water control. manual canvashes.as well as other car resources;aquifer storage and recovery (k) In-situ recover"and solution washes not specifically set up to wells used to place excess water in the mining wells are used to inject fluids for perform engine or undercarriage subsurface during periods of high flow the purpose of producing energy or washing,qualify as other industrial and then withdraw the water later when minerals.Wells used for in-situ recovery wells. This category includes all other it is needed; subsidence control wells of lignite,coal, tar sands, oil shale, and industrial or commercial wells that do used to inject fluids to prevent the land geothermal energy are designed to not meet the criteria for other classes of surface from sinking or settling: deliver particular solutions (such as wells or for other Class V industrial injection wells used to heir, clean up water, air,oxygen.solvents. wells. contaminated ground water, either by combustibles.or explosives) into 40614 Federal Register/Vol. 63. No. 145 /Wednesday. July 29. 1998/Proposer: Rules subsurface target formations to liberate Requirements for all Class V Injectionrequirements the desired products that. can be brought Wells ) ro) Other yondiin pats t to the surface via recovery wells. through ct to147 Beyond this subpart. you Solution mining wells use injection and §144.62 What must I do to protect are subject ether UIC Program recovery techniques to bring minerals underground sources of drinking water? requirements to 40 CFR pans 144 from urde:gra urtd deposits-to the If you own or operate any type of through 147. R bile roost of the relevant surface. Solution mining of Class V well listed above, the requirements are repeated or referenced in this conventional mines such as scopes regulations below require that you subpart ;or convenience.you leaching is included in Crass V. cannot allow movement of injection need to read these other pars to However. in-situ production of uranium fluid into USDWs that might cause understand the entire CIC Program. j or other metals from ore bodies that endangerment, you must properly close (d) Other Store or EPA requirements. j your well when you are through using 40 CFR parts 144 through 147 define have not been conventionally mined is included in Class III (see §144.6(c)). it, you must comply with other federal minimum federal UIC requirements. Similarly, mining of(see § by the CIC requirements in 40 CFR pans 144 EPA Regional Offices administering the Frasch process is included in Class III. through 147, and you must comply withUIC Program have the flexibility to • not Class V. any other measures required by your establish additional or more stringent Q) Other industrial wells inject state or EPA Regional Office. You also requirements based on the authorities in industrial and commercial wastes, must submit basic information about pans 144 through 14;, if believed to be which either lower your well, as described in §144.83. necessary to protect USDWs at a local which concentrations either s containo contaminants or are (a) Prohibition of fluid movement. (1) level. States can have their own As described in §144.12(a), your authorities to establish additional or more like sanitary waste than wastes injection activity cannot allow the more stringent requirements if needed injected into Class V industrial wells movement of fluid containing any to protect USDW5. You must comply described in paragraph (b) of this contaminant into USDWs, if the with these additonal requirements, if • section.The category of other industrial presence of that contaminant may cause any exist in your area. Contact the UIC wells was created to exclude these wells a violation of the primary MCLs in40 Program Director in your state or EPA from the additional requirements in CFR part 142 or may otherwise Region to learn more. §144.85 that apply to industrial wells. adversely affect the health of persons. There are four types of other industrial This prohibition applies to your well §144.83 Do I need'to notify anyone about wells: constriction, operation,maintenance, my well? (1) Wells used to inject fluids from conversion, plugging,abandonment,or Yes,you need to provide basic canvashes that are not specifically set any other injection activity. "inventory information"about your up to perform engine or undercarriage (2)If the Director of the UM Program well, if you haven't already. You also washing (including,manual carwashes in your state or EPA Region learns that need to provide any other information • where people use hand-held hoses to your injection activity may endanger that your UIC Program Director requests wash the exterior of their vehicles); USDWs„he or she may require you to in accordance with the provisions of the (2) Wells used to inject noncontact close your well,require you to get a UIC regulations. cooling water that contains no additives permit,or require other actions listed in §144.12(c), (d),or(e). (a) Inventory requirements. Unless and has not been chemically altered, meaning that it not been mixed with (b) Cklsure requirements.Prior to has you know you have already satisfied the or come into contact with a abandoning your well,you must close inventory requirements in§144.26 that contaminated waste stream; the well in a manner that complies with were in effect prior to the issuance of • the above prohibition of fluid this subpart G.and you have not since (3) Wells used to inject fluids from movement. Also,you must dispose or converted your well into an industrial laundromats where no onsite dry otherwise manage any soil,gravel, well,you must give your UIC Program cleaning is performed or where no sludge, liquids,or other materials Director certain information about organic solvents are used for laundering; removed from or adjacent to your well yourself and your injection operation. and in accordance with all applicable PP y r requirements atusldocal depending (4) Wells used to inject wastewater Federate state,and local regulations and on your well status and location,as from food processing operations. requirements. described in the following table: And you're in one of these locations("Primacy" States, which run the Class V UIC Program) • • • Alabama, Arkansas, Commonwealth of Northern Manana Islands, Or you're in one of these locations ("Direct Imolemen- • Connecticut, Delaware, Florida, Georgia, Guam, Idaho, cation"or DI Programs, where EPA runs the Class V If your well is ' ' Illinois, Kansas, Louisiana, Maine, Maryland, Massa- ' UIC Program) ' ' ' Alaska,American Samoa.Arizona, chusetts, Mississippi, Nebraska, Nevada, New Hamer California, Colorado, Hawaii. Indiana, Iowa, Kentucky, shire. New Jersey, New Mexico, North Carolina, North Michigan. Minnesota, Montana, New York, Pennsyl- vania, South Dakota, Tennessee, Virginia, Virgin Is- Dakota, Ohio, Oklahoma, Oregon, Puerto Pico, Rhode Island, South Carolina, Texas. Utah, Vermont, West lands, Washington, DC, or any Indian Country Virginia, Wisconsin, Washington, or Wyoming New (construction not yet ' • ' then you must contact your State UIC Program to • ' ' then you must submit the inventory information started). determine what you must submit and by when. descnzed in (a)(2) of this section (below) prior to constructing your well. Existing (construction under- ' ' • then you must contact your State UIC Program to - ' ' then you must cease injection and submit the in- way or completed). determine what you must suomit and by when. ventory information. You may resume injection 90 days after you submit the information unless the UIC Program notifies you that injection may not resume or may resume sooner. Federal Register/Vol. 63, No. 145/Wednesday, July 29. 1998/Proposed Rules 40615 (2) If your well is in a DI Program (1)The Director may require you to: dose your well as specified in the State, here is the information you must (i) Perform ground water monitoring additional requirements below): • submit to EPA: and periodically submit your (2) Proposal 2: You own or operate a (i1 No matter what type of Class V monitoring results: Class V cesspool in a source water -- i " :-u own. 4.r operate. you m';:' (ii' A :at:-e quids . --• ,_a :rote..'ion area 1H1 vhath co • :au must suomtt at least the following periodically suomtt the results of your dose your well as specified in me information for each Class V well: - analyses; additional requirements below) or a • facility name and location:name and (iii) Describe the geologic layers Class V motor vehicle waste disposal address of legal contact:ownership of through which and into which you are well in a source water protection area facility; nature and type of injection injecting; and (in which case, you must either close well(s): and operating status of injection (iv) Conduct other analyses and your well or get a permit as specified in well(s)_ submit other information, if needed to the additional requirements below); (ii) You must submit the above protect underground sources of drinking (3) You own or operate a Class V information plus the additional water. industrial well in a source water information described here if you own (2)If the Director requires this other protection area, and the fluid you put j or operate an industrial well,a mine information. he or she will request it down your well has chemical I backfill and drainage well,a fluid return from you in writing,along with a brief concentrations above the drinking water well, or an experimental technology statement on why the information is MCLs(in which case.you must either i well.The UIC Program Direc:or may required.This written notification also close your well or make sure your waste I also require the owners and operators of will tell you when to submit the fluids meetthe MCLs at the point of i other types of Class V wells to submit information. injection as specified in the additional k this additional information. In these (3) You-are prohibited from using requirements below); cases,you must provide a listing of all your well if you fail to comply with the 14) You are specifically required by ' Class V wells that you own or operate written request within the tune frame the UIC Program Director in your state along with the following information for specified. You can start injecting again or EPA Region to get a permit.In which I each well(a single description of wells only if you get a permit. . case rule authorizat:on expires upon t at a single facility with substantially the the effective date of the permit issued. ,t same characteristics is acceptable as §144.84 Do I need to get a permit? •or you are prohibited from injecting into long as the number of wells and their No, as long as certain conditions do your well upon:_ location is described): not apply to you. (il Failure to submit a permit _ i (A1.Lncation of each well or project (a) General authorization by rule. application in a timely manner as i given by Township,Range..Section.and With certain exceptions listed in specified in a notice from the Director, .` Quarter-Section, or by latitude and paragraph(b) of this section,your Class or longitude to the nearest second. V injection activity is"authorized by (ii).Upon the effective date of permit • according to conventional practice in rule."meaning you have to comply with denial; your state; all the requirements of this subpart and -(5) You have failed to submit (B)Date of completion of each well; the rest of the UIC Program but you - inventory information to your UIC (C)Identification and depth of the don't have to get an.individual permit. Program Director.as described in • underground formation(s) into Weil authorization expires once you 5 144.83(a) (in which.case,you are each well is injecting; -have properly closed your well,as . prohibited from injecting into your we- (D) Total depth of each well; described in §144.82(b). - -until you comply with the inventory ' (E)Construction narrative and schematic(both plan view and cross- (b) Circumstances in Which Permits - requirements);or sectional drawings); or other Action is Required. If you fit (6) You received a request from your (F)Nature of the injected fluids; into one of the categories listed below, INC Program Director for additional (G) Average and maximum injection your Class V well is no longer information under§144.83(b),and have pressure at the wellhead; authorized by rule.This may mean that failed to comply with the request in a (H) Average and maximum injection you have to get a permit,if you want to timely manner(in which case,you are rate: and keep using your well. You can find out prohibited from injecting into your well (I) Date of the last inspection, by contacting the UIC Program Director until you.get a permit). ,. (iii)If you convert your well into an in your state or EPA Region if this is the ,Additional Requirements for Class V industrial well any time after you case. Subpart D of this part tells you Cesspools,Motor Vehicle Waste submit the inventory information listed how to apply for a permit and describes Disposal Wells. and Industrial Wells in paragraph (a)(2)(i) and(ii), you must other aspects of the permitting process. resubmit the information noting the Subpart E of this part outlines some of - §144.85 Do these additional requirements changes in your well type, status,and the requirements that might apply to apply to me? - operations. you if you get a permit. (a) Whether and when these (3) Regardless of whether your well is (1) You fail to comply with the additional requirements apply to you in a Primacy State or DI Program,you prohibition of fluid movement standard depends on the location of your Class V are responsible for knowing about, in §144.12(a) and described in cesspool,motor vehicle waste disposal understanding, and complying with §144.82(a) above (in which case,you well,or industrial well relative to these inventory requirements. have to get a permit,close your well. delineated source water protection (b) Information in response to . and/or comply with other conditions areas, and on the status of your state's requests. If you are in one of the DI determined by the UIC Program. Director scurce water assessment program. Programs listed in the table above,the in your state or EPA Region): i) If the source water assessment I WC Program Director may require you (2) Proposal 1:You own or operate a program in your state is complete before to submit other information believed Class V cesspool or motor vehicle waste May 2003 (i.e.. the state program as . necessary to protect underground disposal well in a source water been approved by EPA and all its local sources of drinking water. protection area (in which case,you must assessments for community and 40616 Federal Register/Vol. 63, No. 143/Wednesday, July 29, 1998 I Proposed Rules nontransient noncommmnity water (c; Source water protection area.A advertise the availability of information systems have been completed. This source water protection area is a in a local newspaper. and develop a means that all local assessments within geographic area defined by a state as database of information that people can a state have performed the three supplying ground water and/or surface access through a computer homepage. required steps of delineation.source water for a public drinking water Even though you may get information identification. and susceptibility system. Such an area receives priority from these and other sources. the state analysis), the additional requirements for the protection of public drinking office responsible for implementing the apply to you only if your well is in a water supplies.The additional source water assessment program in source water protection area delineated requirements in § 144.36 apply to you your area is the source that makes the • for community water systems and non- only if your Class V well is in an area final and official determination of transient non-community water systems delineated for ground water(rather than boundaries fir=source water protection that use ground water as a source.The surface water) and for either community areas. additional requirements start applying water systems or non-transient non- (h) When a state does not have a to you 90 days after the local program community water systems. In many complete program by May 2003. The that covers you is completed. The UIC states, these areas will be the same as Source Water Assessment and Program Director may extend this Wellhead Protection Areas that have Protection Program requires states to deadline for up to one year if you have been delineated previously. delineate priority areas for the to hook up to a sanitary sewer or install (d) Community water system. A protection of their public drinking water .. new treatment systems in order to community water system is a public systems. If states do not do this, there comply with the additional water system that serves at least 15 is no way to tell if your large-capacity reouirements. service connections used by year-round cesspool. motor vehicle waste disposal (2) If the source water assessment residents or regularly serves at least 25 well,or industrial well is in an area that program in your state is not complete. year-round residents. overlies ground water serving as a and it is before May 2003, the additional (e) Non-transient non-community drinking water supply source. In order requirements apply to you only if your water system. A public water system to assure protection of public drinking well is in a source water protection area that is not a community water system water supplies, therefore, these delineated by a complete local program and that regularly serves at least 25 of requirements will apply statewide if a for community water systems and non- the same people over six months a year. state has failed to complete its source transient non-community water systems These may include systems that provide water delineations and assessments by that use ground water as a source. The water to schools, day care centers, May 2003. The additional requirements additional requirements start applying government/military installations. apply statewide permanently,even if to you 90 days after your local program manufacturers,hospitals or nursing the state eventually completes its source is completed. Again, the UIC Program homes,office buildings,and other water delineations and assessments Director may extend this deadline for up 'facilities. sometime after May 2003. to one year if you have to hook up to (f) Delineation. States may define the (i) Changes in your status. Over time, a sanitary sewer or install new treatment boundaries of a source water protection three changes in your state's source systems in order to corn ply with the area in a variety of ways. Regardless of water assessment program might occur additional requirements. the methods used, the delineation will and affect whether the additional (3) If the source water assessment be presented in a format that is regulations apply to you: program in your state is not complete, understandable to the public so you will (1) Before May 2003, if the local and it is after May 2003 (i.e.,the state know if your Class V injection well is source water assessment program program has not been approved by EPA in a delineated source water protection responsible for your area becomes or the state has not completed its local area or not.In most instances, maps will completed, the additional regulations assessments for community and be used to show the boundaries of the apply to you if your well is in a source nontransient noncommunity water source water protection area. water protection area delineated for systems),the additional requirements (g) How to find out if your well is in community water systems and non- apply to you regardless of the location o source water protection area. States transient non-community water systems of your well relative to delineated are supposed to make their delineations that use ground water as a source.The source water protection areas and widely available to the public through a additional regulations start applying to regardless of the status of any local variety of methods right after the results you 90 days after your local program is program that covers your area. In other are done. You can find out if your Class completed. The UIC Program Director words, the additional requirements V well is in a source water protection responsible for your area may extend apply statewide, area by contacting the state or local this deadline for up to one year if you (b) Source water assessment program. agency responsible for source water have to hook u❑to a sanitary sewer or This is a new approach :0 protecting protection in your area. You may call install new treatment systems in order drinking water sources. specified in the the Safe Drinking Water Hotline at 1— to comply with the additional _ 1996 Amendments to the Safe Drinking 800-426-4791 to find out who to call in requirements. -Water Act. States must prepare and your state for information. Alternatively. (2) After May 2003. if your state fails submit for EPA approval a program to: you may be able to get this information to complete its source water program by (1) Delineate the boundaries of areas by calling a special telephone number in that time (meaning all of the local providing source waters for public water your state(if your state has set one up), programs in your state are not systems (called "source water protection calling your local water supplier, calling complete), the additional regulations areas"): the EPA Program Office. following your apply to you even if your well is not in (_1 Inventory significant potential local news (paper, radio and TV), a delineated source water protection sources of contaminants of concern in looking on the intemet, or getting a copy area. such areas. to the extent practical; and of you-state's Clean Water Act Section (3) After Mae 2303. if your state's (3) Determine the susceptibility of 305(b) report. Your state may also send source water program was completed public water systems in the delineated you information in your water bill, send before that time., your state may areas to contaminants of concern. each household a newsletter or flyer. delineate a source water protection area Federal Register/Vol. 63, No. 145/Wednesday, July 29. 1998/Proposed Rules 40617 for ground water supplying a new (j)Application of the additional outwash deposits.eolian sands,and community water system or a new non- requirements outside of source water fractured volcanic rock:and areas of transient non-community water system protection areas. EPA expects and special concern selected based on a :ha: includes your Class V injection strongly encourages states to use - combi:',taco of factors, si±^. `c well. Also,your state may extend the existing authorities in the UIC program hydrogeologic sensitivity, prevailing boundaries of a source water protection to take whatever measures are needed to land-use practices.and documented area delineated previously.This would ensure Class V wells are not ground water contamination). Such make the additional regulations apply to endangering USDWs in any other areas measures could include,if believed to outside of delineated source water be necessary by a UIC Program Director, you if your well is in such an ate.The- ts additional regulations start applying to sole-source quifersction areas s; highly prod.,areas uctive blw applying otherdaretas and/or other ional types you 90 days after the local program aquifers supplying private wells; of Class V wells.Therefore,the Director responsible for the new or extended area continuous and highly productive may apply the additional requirements is completed.The UIC Program Director aquifers at points distant from public to you. even if you do not meet the responsible for your area may extend water supply wells;areas where water criteria in paragraph(a}of this section. this deadline for up to one year if you supply aquifers are recharged;karst have to hook up to a sanitary sewer or aquifers that discharge to surface §144.86 What are the additional install new treatment systems La order reservoirs serving as public water requirements? to comply with the additional supplies:susceptible or sensitive The additional requirements are requirements. hydrogeologic settings,such as glacial specified in the following table: ADDITIONAL REQUIREMENTS FOR LARGE-CAPACITY CESSPOOLS IN SOURCE WATER PROTECTION AREAS - [See§144.85 to determine if these additional requirements apply to you] If your cesspool is • • • Then you • • •(requirement) By• ' ' (deadline) (well Status) Existing (operational or Must close the well . (insert date five years from effective date]. 1. under construction by[in- - r sert effective date]: t. 'Must notify the UIC Program Director in your EPA Re- At least 30 days prior to abandonment. I gion (if you are in one of the DI Programs listed in the table above)of your intent to dose the well. G - Musl meet any state-established reporting requirements The date in state-established reporting requirements. (if you are in one of the Primacy States listed in the table above). ', New or converted(construe- Are prohibited [insert effective date]. , tan not started before[in- sert effective date]. • I ADDITIONAL itEQUIREMENT5 FOR MOTOR VEHICLE WASTE DISPOSAL WELLS IN SOURCE WATER PROTECTION AREAS [See§144.85 to determine if these additional requirements apply to you] - h If your motor vehicle waste - disposal well is • • • (well Then you ' • •(requirement). By' • • (deadline) . status) Eds:mg (operational or Proposal 1:Must dose the well Within 90 days of the completion of your local source , under construction by (in- _. water assessment program. starting [insert effective sert effective date]). date]; your UIC Program Director may extend the . closure deadline for up to•one year it the rpost effi- dent compliance option is connection to a sanitary sewer or installation of new treatment technology. Proposal 2: Must dose the well or'apply for a waiver Within 90 days of the completion of your local source . from the ban by seeking a permit. water assessment program, starting (insert effective date]; your UIC Program Director may extend the closure deadline, but not the permit application dead- • line, for up to one year if the most efficient compli- ance option is connection to a sanitary sewer or in- - of new treatment technology. Proposal 2: Must meet MCLs at the point of injection The date you submit your permit application. while your permit application is under review, if you choose to keep operating your well. Proposal • P2: Must comply with all permit conditions, if The date(s) specified in your permit. . you choose to keep operating your well, including re- ._ quirements to meet MCLs at the point of injection, follow best management practices, and monitor your I f injectate and sludge quality. Both proposals: Must notify the UIC Program Director At least 30 days prior to abandonment. in your EPA Region (if you are in one of the DI Pro- grams listed in the table above) of your intent to abandon the well. • 40618 Federal Register/Vol. 63, No. 145/Wednesday, July 29. 1998/Proposed Rules ADDITIONAL REQUIREMENTS FOR MOTOR VEHICLE WASTE DISPOSAL WELLS IN SOURCE WATER PROTECTION AREAS— Continued (See§144.85 to determine if these additional requirements apply to you) If your motor vehicle waste • disposal well is ' ' ' (well - Then you ' " ' (requirement) By ' - ' (deadline) status) Both proposals: Must meet any state-established re- The date in state-established reporting requirements. porting requirements (if you are in one of the Pri- macy States listed in the table above). New or converted (construc- Are prohibited (insert effective date]. tion not started before(in- sert effective date)). ADDITIONAL REQUIREMENTS FOR CLASS V INDUSTRIAL WELLS IN SOURCE WATER PROTECTION AREAS [See§144.85 to determine if these additional requirements apply to you] II your industrial well is' - ' (well status) Then you •' •' • (requirement) By ' ' ' (deadline) Existing(operational or Must close the well or make sure fluids in the well meet Within 90 days of the completion of your local source under construction by fin- the primary MCLs listed in 40 CFR Part 142 or other water assessment program, starting [insert effective sert effective date]). health-based limits selected by the Director for con- date]; your UIC Program Director may extend this taminants without primary MCLs. deadline for up to one year if the most efficient corn- - nuance option is connection to a sanitary sewer or in- • stallation of new treatment technology. Must notify the UIC Program Director in your EPA Re- At least 30 days prior to abandonment. gion (d you are in one of the DI Programs listed in , the table above)of your intent to abandon the well. Must meet any state-established reporting requirements The date in state-established reporting requirements. • (if you are in one of the Primacy States listed in the table above). • New or converted(construc- Are prohibited unless you make sure fluids in the well [insert effective date]. tion not started before[in- are always below the primary MCLs listed in 40 CFR sert effective date)). Part 142 or other health-based limits selected by the Director for contaminants without primary MCLs. - • §144.87 How do I close my Clan V much as possible;collecting and g 145.11 [Amended]' Infection well? recycling petroleum-based fluids, 9. Section.145.11 is amended by The following describes the coolants,and battery acids drained from adding paragraph (a)(32)and revising requirements for closing your Class V vehicles;washing parts in a self- the first sentence in paragraph (bill): injection well. contained,recirculating solvent sink, (a) Closure. (1)Prior to closing a Class with spent solvents being recovered and §145.11 Requirements for permitting. • V cesspool,motor vehicle waste replaced by the supplier;using (a) • • • disposal well,or industrial well,you absorbents to clean up minor leaks and (32)Section 144.86—(What are the - must plug or otherwise close the well in spills,and placing the used materials in additional requirements?); a manner that complies with the approved waste containers and (b)(1) States need not implement prohibition of fluid movement standard disposing of them properly;using a wet provisions identical to the provisions in §144.12 and summarized in . vacuum or mop to pick up accumulated listed in paragraphs (a)(1) through §144.82(a)above.If the UIC Program rain or snow melt,and if allowed, (a)(32) of this section. Director in your state or EPA Region has disposing of it through a publicly • • • • any additional or more specific closure owned treatment works;or,connecting • standards,you have to meet those floor drains to a municipal sewer system • standards too. You also mast dispose or or holding tank,and if allowed, - PART 146—UNDERGROUND otherwise manage any soil,.gravel, disposing of the holding tank contents INJECTION CONTROL PROGRAM: sludge, liquids,or other materials through a publicly owned treatment CRITERIA AND STANDARDS removed from or adjacent to your well works.You should check with the 10.The authority citation for part 146 in accordance with all applicable publicly owned treatment works you Federal,state,and local regulations and might use to see if they would accept continues to read as follows: requirements. - your wastes. Authority:Safe Drinking Water Act,42 (2)This does not mean that you need (b) [Reserved] ..U.S.C 3o0f et.seq.:Resource Conservation to cease operations at your facility, only and Recovery Act.42 O.S.C.6901 et seq. that yd. need to close your well.A PART 145—STATE UIC PROGRAM 11. Section 146.3 is amended by number of alternatives are available for REQUIREMENTS adding the following new definitions in disposing of waste fluids.Examples of alphabetical order:"cesspool." alternatives that may be available to 8.The authority citation for part 145 "drywell,""improved sinkhole," motor vehicle stations include: continues to read as follows: "sanitary waste," "septic system,"and recycling and reusing wastewater as Authority:42 U.S.C.300f et seq. "subsurface fluid distribution system." IFederal Register/Vol. 63, No. 145/Wednesday, July 29, 1998/Proposed Rules 40619 and by revising the definitions of"well" areas,.sinks used for food preparation, (1)A bored,drilled, or driven shaft: and "well injection" to read as follows: clothes washing operations,and sinks or (2)A dug hole whose depth is greater washing machines where food and than the largest surface dimension; x'46.3 Definitions. beverage serving dishes. glasses, and (3)An improved sinkhole:or • utensils are cleaned.Sources of these (4)A subsurface th.id distribution Cesspool means a"drywell"that wastes may include single or multiple system. receives solely untreated sanitary waste, residences, hotels and motels, Well injection means the subsurface and which sometimes has an open restaurants,bunkhouses,schools,ranger emplacement of fluids through a well. bottom and/or perforated sides. stations, crew quarters,guard stations, • • • • • - - campgrounds, picnic grounds. day-use 12. Section 146.5 is amended by Drywell means a well,other than an recreation areas, other commercial adding a new paragraph (a)(3)and improved sinkhole or subsurface fluid facilities,and industrial facilities revising paragraph(el to read as follows: distribution system,completed above provided the waste is not mixed with the water table so that its bottom and industrial waste. - 5146.5 Classification of Injection wells sides are typically dry except when (a) • • • receiving fluids. Septic system means a"well"that is (3) Radioactive waste disposal wells • • used solely to emplace sanitary waste which inject fluids below the lowermost Improved sinkhole means a naturally below the surface and is comprised of - formation containing an underground occurring karst depression which has a septic tank and subsurface fluid . source of drinking water within one distribution system. quarter mile of the well bore. been modified by man for the?urpose of directing and emplacing fluids into • • • • the subsurface. Subsurface fluid distribution system (e) Class V.Injection wells not • • • • • means an assemblage of perforated - - included in Class I,II,DI,or IV. Specific pes, drain tiles,or other mechanisms types of Class V injection wells are Sanitary waste means liquid or solid pi wastes originating solely from humans intended to distribute fluids below the described in §144.81 in subpart G of 40 and human activities,such as wastes surface of the ground. CFR part 144. collected from toilets,showers,wash • • • IFR Doc.98-19936 Filed 7.-28-98;8:45 aml basins, sinks used for cleaning domestic Well means: BILLING CODE eseaeas • • . I iI - I - , -6 - 1<,_ac ci CL., _ ,,...c -]. C (11-rv', (1.4 1,�._c .C� F) ti'A � 0 ca. c, '}cC Th t, ( )C'* ( z..� J � ‘)L-Q_ t. C_.:..v L 4 k� .�� • j.� c..-c, la e >2 Cc-i c 1 Y- Ct. _ rc. u_Jctvc /CC (_'Calf - :_ '1C .cl -.Cc.., k / (clCL A,C� /C , Tlilu. t.). Sr, - ..,(.�.,r );.C C:) Ltc.(i_.l� �;'-r; l h (xi /1/ ), ,l(7.44,V 3 -It - 2 pc_ l.4).r Lc' c 1, b. jI Lr vi.5 1(c c - 1.t.a w`L:l L C>Y .c-v�10 ,) L v C �LL'.: Ci , : Lk- c rY IC ,.F * .CC L_e.<.:r • - _�� _ (u IL-CC C C C t L {rI Kiric1 Le ' � - tt a b�k.�)c ec, f1 if '1��ti. +- ✓1 '� J1V,(- c (cd r lace) 'f :'r `� j }v c. 6. '1 (';b") K ed (1( LL)( CEA_ jc`c cll. 4.LCrrl 14, . rip i` DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 Wlipcz ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 July 29, 1998 Certified Letter No: Z 130 100 198 Legal Action No.: 98-129 Clifford Dyer 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: Our records indicate that Certified Letter No.: Z 130 100 195, from this office, was sent to you on July 20, 1998 and required that within five (5) days of the informal meeting with the Health Officer, you close the pipes that drain into the "pit drain" and the 10th Street ditch. On July 28, 1998, Connie O'Neill inspected your property located at 6310 W. 10th Street, Greeley. She observed sewage discharging from the pipe at the 10th Street ditch from your property. In addition, a sewer connection was discovered under a horse camper/trailer located next to the "pit drain". The connection appears to drain into the "pit drain" using if as a make-shift septic tank. When asked who lived in the trailer. Anita, your tenant at the fireworks store said that one of your employees lives in the trailer. This is a violation of Section 3.1 of the Weld County Individual Sewage Disposal System Regulations which says: General Sanitation Requirements: The owner of any structure where people live, work, or congregate shall insure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground, or into Waters of the State, unless the sewage or effluent meets the minimum requirements of this regulation or the water quality standards of the Colorado Water Quality Control Commission, whichever are applicable. Be advised that you have five days to permanently disconnect the horse trailer from the "pit drain" and permanently abandon and close the "pit drain". Clifford Dyer Certified Letter No.: Z 130 100 198 July 29, 1998 Page 2 Therefore, please be advised that your failure to stop the discharge of sewage into the 10`h Street ditch shall be heard formally before John S. Pickle, Health Officer, Weld County Health Department, 1517 16th Avenue Court, Greeley, on August 3, 1998, at 9:30 a.m. The Health Officer shall consider a Cease and Desist Order pursuant to § 3.20 of the Weld County Individual Septic System Ordinance # 9 F and C.R.S. § 25-10-105((1)(k) to prohibit the use of the sewage disposal systems which are found not to be functioning in compliance with Article 10 of Title 25, C.R.S., or with the Weld County Individual Septic System Ordinance # 9F or is found to constitute a nuisance or a hazard to public health or water quality and that has not received timely repairs. This order is enforceable by means of both criminal and civil proceedings. Such an Order is appealable by petition to the Weld district Court filed within 10 days of the Order. Be further advised that you have the right to appear and present evidence at this hearing and be represented by counsel. Should you have any questions concerning this matter, feel free to contact this office at 353-0635. Sincerely, - r `!/' Z I� . Pickle, MSEH, Director Id County Health Department cc: Jeff Stoll, Director, Environmental Protection Services Lee Morrison, Assistant County Attorney George Baxter, Commissioner ‘>0 allig' 1 DEPARTMENT OF HEALTH J 1517 16TH AVENUE COURT IlDGREELEY, CO 80631 C: ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 July 29, 1998 HAND DELIVERED Legal Action No.: 98-129 Clifford Dyer 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: Our records indicate that Certified Letter No.: Z 130 100 195, from this office, was sent to you on July 20, 1998 and required that within five (5) days of the informal meeting with the Health Officer, you close the pipes that drain into the "pit drain" and the 10th Street ditch. On July 28, 1998, Connie O'Neill inspected your property located at 6310 W. 10th Street, Greeley. She observed sewage discharging from the pipe at the 10th Street ditch from your property. In addition, a sewer connection was discovered under a horse camper/trailer located next 1:o the "pit drain". The connection appears to drain into the "pit drain" using i't as a make-shift septic tank. When asked who lived in the trailer. Anita, your tenant at the fireworks store said that one of your employees lives in the trailer. This is a violation of Section 3.1 of the Weld County Individual Sewage Disposal System Regulations which says: General Sanitation Requirements: The owner of any structure where people live, work, or congregate shall insure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground, or into Waters of the State, unless the sewage or effluent meets the minimum requirements of this regulation or the water quality standards of the Colorado Water Quality Control Commission, whichever are applicable. Be advised that you have five days to permanently disconnect the horse trailer from the "pit drain" and permanently abandon and close the "pit drain". concerning this matter, feel free to contact this office at 353-0635. Sincere) ?L/ { . Pickle, MSEH, Director d County Health Department cc: Jeff Stoll, Director, Environmental Protection Services Lee Morrison, Assistant County Attorney George Baxter, Commissioner • tS MEMORANDUM r , C,. TO: John S. Pickle, R.S., M.S.E.H. DATE: July 28, 1998 Director COLORADO FROM: Connie O Neill SUBJECT: Health Officer Hearing with Clifford Dyer The following is a chronology of events following the.informal hearing held on July 17, 1998. On Tuesday, July 21, 1998, I was at the site at 6310 W. 10th Street. I spoke with Anita in the Southwest Specialties shop. At that time water was steadily flowing from the pipe at the ditch along 10th street. I left Mr. Dyer a phone message that afternoon asking him to get back with me. Mr Dyer returned the call on Thursday morning and at that time we discussed what had been done so far and that we had reached the 5 days notice given in the hearing to stop the discharge. At that time Laurie and I made arrangement with Mr. Dyer to meet at the site that afternoon. Laurie Exby and I went to the site Wednesday afternoon July 22, 1998. When we arrived Mr. Dyer and an employee were digging a hole to the south of the Southwest Specialties building alone the driveway. Mr. Dyer indicated that they were trying to locate the pipe that was leading from the pit drain to the surface grate drains along the west side of the property. At that time Laurie and I observed water discharging from the pipe at the 10th street ditch. We also observed water discharging into the surface grate drain from two of the three pipes that lead to that drain, the small metal pipe and the larger plastic pipe. We ask Mr. Dyer what those two pipe were draining from. He thought the small metal pipe was coming from the"pit drain" area and may be the source of the contamination and the pipe they were trying to locate. He also indicated that the plastic pipe was a drain from the roof of the south building that surfaced at the northwest corner of the building. However, there was no water running into that pipe from the roof that we could observe. In digging for this pipe they did hit the end of the septic system for the Southwest Specialties building. Mr. Dyer indicated that they would continue to try to find the pipe that evening and get the discharge stopped. We also discussed the ruling made by John in the Health Officer Hearing that'the discharge was to be stopped within five days. Mr Dyer told us he had not received a letter stating that however, we discussed that he had been given verbal notice at the hearing. Before leaving the site, I made arrangements with Mr. Dyer to meet him back there the next morning to verify that the discharge had stopped. On Thursday, July 23, 1998, I meet Mr. Dyer at the site. At that time no water was coming from the pipe at the 10th street ditch. He also showed me the pipe that they had uncovered which they felt was the reason for the contamination in the discharge. Mr. Dyer had cut the pipe and welded a plate to the section leading to the surface grate drain. I informed Mr. Dyer that this appeared to have stopped the discharge however I would continue to monitor the pipe in the ditch. He indicated that there would probably still be some water flowing into the ditch for the air conditioning system and that he was working with the Highway department on this. I told Mr. Dyer that if it MEMORANDUM TO: Incident File DATE: July 28, 1998 C, FROM: Connie O'Neill (;Q i COLORADO SUBJECT: Complaint#W98-005 On Tuesday, July 21, I was at the site at 6310 W. 10th Street. I spoke with Anita in the Southwest Specialties shop. At that time water was steadily flowing from the pipe at the ditch along 10th street. I left Mr. Dyer a phone message that afternoon asking him to get back with me. Mr Dyer returned the call on Thursday morning and at that time we discussed what had been done so far and that we had reached the 5 days given in the Health Officer hearing to stop the discharge. At that time Laurie and I made arrangement with him to meet at the site that afternoon. Laurie and I went to the site Wednesday afternoon. When we arrived Mr. Dyer and an employee were digging a hole to the south of the Southwest Specialties building alone the driveway. Mr. Dyer indicated that they were trying lo locate the pipe that was leading from the "pit drain"to the surface grate drains along the west side of the property. At that time Laurie and I observed water discharging from the pipe at the 10th street ditch. We also observed water discharging into the surface grate drain from two of the three pipes that lead to that drain, the small metal pipe and the larger plastic pipe. We ask Mr. Dyer what those two pipe were draining from. He thought the small metal pipe was coming from the "pit drain" area and may be the source of the contamination and the one they were trying to locate. He also indicated that the plastic pipe was a drain from the roof of the south building that surfaced at the northwest corner of the building. However,there was no water running into that pipe from the roof that we could observe. In digging for this pipe they did hit the end of the septic system for the Southwest Specialties building. Mr. Dyer indicated that they would continue to try to find the pipe that evening and get the discharge stopped. We also discussed the ruling made by John in the Health Officer Hearing that the discharge was to be stopped within five days. Mr Dyer told us he had not received a letter stating that however,we discussed that he had been given verbal notice at the hearing. Before leaving the site, I made arrangements with Mr. Dyer to meet him back there the next morning to verify that the discharge had stopped. On Thursday, July 23,I meet Mr. Dyer at the site. At that time no water was coming from the pipe at the 10th street ditch. He also showed me the pipe that they had uncovered which they felt was the reason for the contamination in the discharge. Mr. Dyer had cut the pipe and welded a plate to the section leading to the surface grate drain. I informed Mr. Dyer that this appeared to have stopped the discharge however I would continue to monitor the pipe in the ditch. He indicated that there would probably still be some water flowing into the ditch for the air conditioning system and that he was working with the Highway department on this. I told Mr. Dyer that if it appeared to be just air conditioning water and he was working with the highway department that we would not be to concerned. However, if the water continued to showed signs of sewage that we would be concerned and would follow up with further action. On Friday afternoon I again visited the site(I had taken a specimen to the veterinary clinic across the street). At that time I observed water discharging again from the pipe at the 10th street ditch. Water was also filling into the pit that had been dug. I also looked into the surface grate. Water was flowing from two of the three pipes, the small metal pipe and the larger plastic pipe. I also collected a sample of the discharge from the pipe at the 10th street ditch. Initial tests showed results similar to raw sewage again. After discussing the issue with Jeff, I left a message for Mr. Dyer informing him of what I had observed and the follow up hearing that we had scheduled. On Friday July 24, 1998, Jim Krause also went to the site and observed no discharge at the pipe in the 10th street ditch. In follow up, Jeff and I went to the site on Tuesday July 28, 1998. At that time we observed a slight discharge of water from the pipe at the 10th street ditch. The pit that had been dug had also been filled in. Water appeared to be running into the surface grate drain from the large plastic pipe only. Jeff and I also observed what appeared to be a sewer pipe attached to the trailer parked by the "pit drain". We ask Anita in the Southwest Specialties shop who was living in the trailer and she said on of Mr. Dyer's employees. This would appear to be an obvious septic violation and possible a zoning violation. At this time we have not received the return receipt for the certified letter sent to Mr. Dyer on July 20, 1998. a:co.208 SQ.wec yt c ki.Ce.l. 7- 98 P�- 7-aa-qa 0-07i-9? wou `ca- cXlch pips• u;Lc.k. saaa ns Pp9 �:3 Qck '7-.73-4F `)-a-9S x-46 r)-a5-48 .. ,06 4, 444 � t ScY o� Ce-Ct dac�ti XoYi02^'\ �c+c.N\�o4d pLipa- Q� n1 1 S!, d=' � II I n' iA 1 1 y I Imo* ��"r 1 .+ �i'.'e I it k li ,. 1 ""l a ,t ill i I II 9`Q°- (2cv st.,,c:r . .._,,_ ,.a C21 P'`°i1' WELD COUNTY HEALTH DEPARTMENT LABORATORY 1517 16TH AVENUE COURT GREELEY, COLORADO 80631 LAB NO. WATER QUALITY DATA Station Designation: Date of Sample : REMARKS : C , rc (3 1 ) - ‘•)C CV ` 1 year month day .......r chi t <' V\ 0 A 1O11 ;,'ri Town, County, e... . . _ 9 , �, \L..,)\''\ ,\ Time of Sam le: ()Li.. :'c .�, vrk.1 i fir' 1 (fol leo , \ �:. ��.ct �; i.- )��k.' 0 t Lt U ( >Li LL) . IC Via. v . Station Code Serial : ' Date sample received . at Laboratory: year month day C1 U Received by: �) TIME: 1 3 0 O TEMPERATURE (oF) 1 TOTAL SOLIDS (mg/T ) ` CYANIDE (mg/I ) I I pH (Standard Units) VOLATILE SOLIDS (mg/1) SELENIUM (ug/I) 71 r i 1 _ 1 DISSOLVED OXYGEN 1mg/I) TOTAL COLIFORM (per IOOrni ) SULFATE (mg/I ) f CHLORINE RESIDUAL (mg/1) FECAL COLIFORM (per I00mI ) TOTAL HARDNESS as CaCO3(mg/l ) T I 1 1 1 TURBIDITY (ftu) AMMONIA as N. (mg/1 ) CALCIUM as CaCO (mg/I ) i (9%-1 C1 L [ - - - 1 CONDUCTIVITY (micromhos) NITRITE as N. (mg/1 ) MAGNESIUM as Mg] (mg/1 _ _ T BOD (mg/1 ) NITRATE as N. (mg/1 ) SODIUM (mg/1 ) . I—S1°, T 41 i I ___I___17_____I___ COD (mg/1 ) KJELDAHL NITROGEN (mg/I ) ARSENIC (u /1 ) 1 COLOR (units) TOTAL PHOSPHORUS as P (mg/I) CADMIUM (ug/I) OIL & GREASE (mg/I) MBAS (mg/I ) COPPER (ug/I) i SETTLEABLE SOLIDS (m1/1) BORON (ug/I ) CHROMIUM, HEX . (uq/I ) r t ! I _ • DISSOLVED SOLIDS (mg/I) CHLORIDES (mg/1 ) IRON (un/I) SUSPENDED � SOLIDS (mg/1) FLUORIDE (mg/ I ) LEAD (ugh ') Lab. Water Qual . 303 State Health Department Water Quality Control 4170-092 I cfot11 \ DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT Wilge GREELEY, CO 80631 ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 July 20, 1998 Certified Letter No.: Z 130 100 195 Clifford Dyer 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: The Weld County Health Officer, John Pickle, conducted a hearing on July 17, 1998. The purpose of the hearing was to discuss the current conditions at the site and potential remedial actions to eliminate illegal discharges which included a Cease and Desist Order. Based on testimony from staff, John Pickle determined that the discharge does contain raw sewage. The discussion also included other possible sources and causes that you suggested. Alternatives were discussed with City of Greeley Community Development and Water and Sewer staff. John Pickle determined that the discharge is a public health nuisance and a health hazard. Therefore, you are required to do the following: 1. Close the pipes that drain into the "pit drain" and the 10th Street ditch within five (5) days of the Health Officer Hearing (July 22, 1998); 2. • Within sixty (60) days of the hearing (September 15, 1998), you will connect to Greeley sewer; or 3. Make application and repair the existing individual sewage disposal system(s) within sixty (60) days of the Health Officer Hearing (September 15, 1998). A variance from the public sewer requirement for structures within 400 feet of a municipal treatment system will be needed from the Weld County Advisory Board of Health. In addition, an engineer's evaluation of the unique conditions at this site would be necessary with an appropriate design to address those concerns. Clifford Dyer Certified Letter No.: Z 130 100 195 Page 2 Failure to complete these items will result in further action which could include a Cease and Desist Order En accordance with 25-1-613, C.R.S., as amended. If you have any questions, please call me at (970) 353-0635, extension 2229. Sincerely, Jeffrey L. Stoll, MPH, Director Environmental Protection Services JS/4093 cc: John S. Pickle, M.S.E.H., Director, Weld County Health Department Connie O'Neill, Laboratory Services Supervisor Laurie Exby, Environmental Protection'Specialist Lee Morrison, Weld County Assistant County Attorney Carla J. Lenkey, Colorado Department of Public Health and Environment Chet Puls, Colorado Department of Public Health and Environment Gary Dewitt, Colorado Department of Transportation Greg Thompson, City of Greeley, Community Development ilit: t;otift , MEMORANDUM I 11 O TO: John S. Pickle, R.S., M.S. E.H. DATE: July 16, 1998 Director �j FROM: Connie O'Neill COLORADO SUBJECT: Health Officer Hearing The following is a chronology of events leading to the Health Officer Hearing with Clifford Dyer concerning the illegal discharge at 6310 W. 10th Street, Greeley. On June 12, 1998 the Colorado Department of Transportation phoned in a complaint regarding a pipe discharging possible oil or antifreeze into the 10th St. right-of-way at 6310 W. 10th Street in Greeley. That afternoon Jim Krause and I visited the site. We spoke with Gap Barrere. He informed us that the discharge was from a storm and groundwater drainage system. We collected samples of the discharge at that time. On Monday June 15, 1998, a second sample was collected from the discharge pipe. Both samples showed results that suggested a discharge of raw sewage. I contacted Clifford Dyer,the owner of the property to inform him of the issues. On June 19, 1998, a certified letter was sent to Mr. Dyer requesting a plan of correction. On June, 29, 1998,Mr. Dyer faxed a response to us indicating that the discharge was the storm drain and that the contamination had come from and illegal dump into the "pit drain" and would no longer be a concern. We did however,continue to observe a discharge from the pipe even though there had been no rainfall since before the original June 12th complaint. After several phone conversations with Mr. Dyer regarding this response letter, I again visited the site with Laurie Exby on July 6, 1998. Because both Laurie and I felt that the discharge could possible be coming from one of the septic systems on the property we ask Mr. Dyer to flush water through both the septic system attached to the north building as well as the septic system serving the south building. A dye was also put into the septic system serving the north building. Within 20 minutes of beginning to flush water through both system, water began to run through the drainage systems, in the "pit drain" and into the 10th street right-of-way. Samples were collected from this discharge that again indicated sewage. Both Laurie and I discussed our concerns with Mr. Dyer at that time and informed him of the need for the discharge to be stopped. On July 8, another certified letter was sent to Mr. Dyer informing him of the Health Officer hearing. On July 10, 1998,Jim Krause visited the site. There was some water flowing from the pipe at that time. Jim also spoke to Roger Schmidt, with the City of Greeley Water Department who was also Kt 1 ,. ,`• • ct, _ it1\i.t r r r• )( l• C) • 1 . • I • Y 1 �l • i 1 6i( • lt DEPARTMENT OF HEALTH 1 1517 16TH AVENUE COURT J GREELEY, CO 80631 1111111 ► ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (97cri) ►� 353-0635 COMMUNITY HEALTH (970))353-0639 COLORADO' FAX (970) 356-4966 July 6, 1998 Certified Letter No.: Z 130 100 185 Clifford Dyer 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: The Division has received and reviewed your letter dated June 29, 1998. This was in response to the Division's letter dated June 19, 1998. You stated your concerns with your stormwater. However, your response did not include a plan of correction as required. Your response also stated that this discharge was stormwater which had been contaminated by the illegal dumping of sewage from a recreational vehicle into the "pit drain". The Division conducted a follow-up inspection on July 6, 1998. At that time you ran water through both septic systems to verify the water in the "pit drain" was not coming from the septic systems. Within 20 minutes of flushing water through both septic systems, water began to flow into the "pit drain" and the underground storm drains and into the 10th Street ditch. Samples were collected from the underground stormline and the discharge pipe at 10th Street. Preliminary analyses indicate that the discharge has characteristics of sewage. Based on our observations at the site, the Division has determined that the discharge directly or indirectly originates from the sewage disposal system or systems. Please be reminded that this discharge is in violation of Weld County Individual Sewage Disposal System Regulations, as follows in part: Sec. 3.1 "General Sanitation Requirements: The owner of any structure where people live, work or congregate shall insure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good Clifford Dyer July 6, 1998 Page 2 working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground...." In addition, this discharge is also in violation of the Colorado Discharge Permit System Regulations (5 C0R 1002-61) which states, in part, "No person shall discharge any pollutant into any state water from a point source without first having obtained a permit..." Therefore, we have scheduled you for a Health Officer Hearing with the Weld County Health Officer, John S. Pickle. The hearing is scheduled for Friday, July 17, 1998, at 9:00 a.m. The hearing will be held at the Weld County Health Department, located at 1517 16th Avenue Court, Greeley. This is an informal hearing, however, you may choose to have your attorney present. The purpose of the hearing is to discuss the current conditions at the site and potential remedial actions which include a Cease and Desist Order to eliminate illegal discharges. Please be advised, that failure to attend this hearing will result in additional action in accordance with 25-1-613, C.R.S., as amended. If you have any questions, please call me at (970) 353-0635, extension 2240. Sincerely, Connie O'Neill Laboratory Program Supervisor COfjs4066 cc: John S. Pickle, M.S.E.H., Director, Weld County Health Department Lee Morrison, Weld County Assistant County Attorney Carla J. Lenkey, Colorado Department of Public Health and Environment Chet Puls, Colorado Department of Public Health and Environment Gary Dewitt, Colorado Department of Transportation Greg Thompson, City of Greeley, Community Development Kis t a 4---;..tzt DEPARTMENT OF HEALTH I1517 16 AVENUE COURT IGREELEY, COLORADO 80631 W I D O ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COMMUNITY HEALTH (970) 356-0966 COLORADO• FAX (970) 356-4966 A representative of the Weld County Health Department collected samples for analysis today at your facility. I acknowledge that split samples were offered to me . I have declined these samples . •/ / r Facility Owner1Agent Signature date ` - C.` .1 .)..-4 . t ( '7 / )` Representative Weld County Health Department Signature date tj\343 WELD COUNTY HEALTH DEPARTMENT LABORATORY 1517 16TH AVENUE COURT GREELEY, COLORADO 80631 LAB NO. WATER QUALITY DATA Station Designation: Date of Sample : REMARKS: [r b L- P r year month day / 6 ... s- Town. County, etc. E /� (.Or f IC , t..,04 Time of Sam le : G 1,..) ,t h..� ( Xc �, . Collector: f Cl 2( 1) b 6 6 AL.,-;) Y yStation Code Serial : Date sample received � ( ; i at Laboratory: year month day t ?, i ' cf . � o ",1 t7 (::_ Received by: X TIME : 1 /.,_.?/.L2 C1) t: TEMPERATURE (OF) TOTAL SOLIDS (mg/1) CYANIDE (mg/1 ) 1 , , pH (Standard Units) VOLATILE SOLIDS (mg/I ) SELENIUM (ug/ I) [—_?1! ]] :1 i ,.. . - [ 1 DISSOLVED OXYGEN (mg/1 ) TOTAL COLIFORM (per 100m1 ) SULFATE (mg/IT r _ - - T e , 1 CHLORINE RESIDUAL (mg/1 ) FECAL COLIFORM (per 100m1 ) TOTAL HARDNESS as CaCO3(mg/I ) 0. TURBIDITY (ftu) AMMONIA as N. (mg/1 ) CALCIUM as CaCO (mg/I) 4 ` i f I CONDUCTIVITY (micromhos) NITRITE as N. (mg/1 ) MAGNESIUM as mg mg/1 - - - itI BOD (mg/I ) NITRATE as N. (mg/1 ) SODIUM (mg/I ) glsol- erg H COD (mg/I) KJELDAHL NITROGEN (mg/1 ) ARSENIC (ug/I ) 1 _, . . LLLJ _ - -- I 1 COLOR (units) TOTAL PHOSPHORUS as P (mg/I) CADMIUM (uq/lf EEL . OIL & GREASE (mg/I) MBAS (mg/1 ) COPPER (ug/1) t __ _ =1= _ _,_ , 2 1 SETTLEABLE SOLIDS (ml/1 ) BORON (ug/1 ) CHROMIUM, HEX . (ug/I ) DISSOLVED SOLIDS (mg/1 ) CHLORIDES (m9/1 ) IRON (uq/ 1') SUSPENDED SOLIDS (mg/1 ) FLUORIDE (mq/I ) LEAD (uq/ I ) -I 3�o: ,y " V i i Lab. Water Qual . 303 State Health Department Water Quality Control 4170-092 i I WELD COUNTY HEALTH DEPARTMENT LABORATORY 1517 16TH AVENUE COURT GREELEY, COLORADO 80631 LAB NO. WATER QUALITY DATA Station Designation : Date of Sample : REMARKS : r 0 n.. t 1 e '— year month day / > J` Town, County, etc. : Y. D^ 0j� /\ L_ ._. I ! ,,1 1 y)) ; '. - < , G O1 cc J,R c Time of Sam le : Collector: 1 �� > / / .7 5 Station Code Serial : - I 1Il' J Date sample received at Laboratory: �year month • day y`7 , c: O , 7 0 6 Received by: (5 TIME: ,_t___ -2i_dC) > 1 . TEMPERATURE (o ) TOTAL SOLIDS (m9/1 ) CYANIDE (mg/IT L 1 =LEI T pH (Standard Units) VOLATILE SOLIDS (mg/1 ) SELENIUM (ug/I) illUll # r - - i --1 DISSOLVED OXYGEN (mg/I) TOTAL COLIFORM ( er100m1 ) SULFATE (mg/1j z r i __l CHLORINE RESIDUAL (mg/1T- mg/ T — FECAL COLIFORM (per-100m1 ) TOTAL HARDNESS as CaCO3(mg/I ) ~ EEL= + —1 TURBIDLTY (ftu) AMMONIA as N. (mg/I ) CALCIUM as CaCO (mg/1 ) P1 1 i - , 1 CONDUCTIVITY (micromhos) NITRITE as N. (mg/1 ) MAGNESIUM as Mg (mg/1 ' I - I 1 . - _ t -1 BOO (mg/1 ) NITRATE as N. (mg/l .) SODIUM (mg/1 ) COD (mg/I ) KJELDAHL NITROGEN (mg/I ) ARSENIC (ug/lj 1 � I _ . 1 COLOR (units) TOTAL PHOSPHORUS as P (mg/I ) CADMIUM (uq/ I) ELELI H OIL b GREASE (mg/1 ) MBAS (m9/000PPER (ug/I) • - DDDD 1 SETTLEABLE SOLIDS (mill ) BORON (ug/l ) CHROMIUM, HEX (uq/I ) r 1 t I _! i DISSOLVED SOLIDS (mg/I ) CHLORIDES (mg/1 ) IRON (uq/ I 1 l - - . = —_eJ SUSPENDED SOLIDS (mg/1 ) I FLUORIDE (mq/ I ) LEAD (uq/ I ) - iLi L3 r 1 Ali Lab. Water Qual . 303 State Health Department Water Quality Control 4170-092 I WELD COUNTY HEALTH DEPARTMENT LABORATORY 1517 16TH AVENUE COURT GREELEY, COLORADO 80631 LAB NO. WATER QUALITY DATA --- Station Designation: Date of Sample : REMARKS: I- ' z ' _ year month day Town, County, etc . : :, j_ i ' Time of Sam le : Collector: t .. 1) Station Code Serial : T Date sample received at Laboratory: year month day 1 ./ r , Received by: I TIME : 1 - - (1._ ~TEMPERATURE (OF) TOTAL SOLIDS (mg/1 ) CYANIDE (mg/T _D_ 1 , pH (Standard Units) VOLATILE SOLIDS (mg/1 ) SELENIUM (ug/I ) '- '- I I -] DISSOLVED OXYGEN (mg/11 TOTAL COLIFORM ( cr100m1 ) SULFATE (mg/ !i T i - Elli H . . L T.___i._1 CHLORINE RESIDUAL (mg/I) FECAL COI.IFORM (per_ 100ml ) TOTAL HARDNESS as CaCD3 (mg/I ) l . I - - - —_i TURBIDITY (ftu) AMMONIA as N. (mg/ I ) CALCIUM as CaCCO (mg/I) _ . _. it- ; E t_____ CONDUCTIVITY (micromhos) NITRITE as H. (mg/l ) MAGNESIUM as Mg (mq/I I 1 1 1 = 1 , - , fii BOD (mg/1) NITRATE as N. (mg/1 ) SODIUM (mg/1 ) C . t: . .:iI =El tII COD (mg/I) KJELDAHL NITROGEN (mg/1 ) ARSENIC (u ill �D 1 COLOR (units) TOTAL PHOSPHORUS as P (mg/ I ) CADMIUM (uq/1) - ELIE i - r i OIL E GREASE (mg/1 ) MBAS (mg/l } COPPER lug/1T ` T r 2.___J SETTLEABLE SOLIDS (m1/1) BORON (ug/l ) CHROMIUM, HEX . (uq/I ) . =EL 2___i DISSOLVED SOLIDS (mg/I ) CHLORIDES (mg/1 ) IRON Tuc1/l) ,. _ _ _ It _ =Li ___ SUSPENDED SOLIDS (mg/1 ) FLUORIDE (mg/I ) LEAD (uq/ 1F� r Lab. Water Qual . 303 State Health Department Water Quality Control 4170-092 I WELD COUNTY HEALTH DEPARTMENT LAEORATORY 1517 16TH AVENUE COURT GREELEY, COLORADO 80631 LAB NO. WATER QUALITY DATA Station Designation: Date of Sample : REMARKS : f ' year month day i ,. ,,_ Town, County, etc. : �_. Time of Sam le : t . a� Collector: . n • Station Code Serial : =E Date sample received at Laboratory: year month day Received by: +' _ TlME : 1 - • TEMPERATURE (4) TOTAL SOLIDS (mg/IT CYANIDE (mg/IT =I -` i T pH (Standard Units) VOLATILE SOLIDS (mg/1 ) SELENIUM (ug/1) ; ) EEL I 1 li As- DISSOLVED OXYGEN (mg/I ) TOTAL COLIFORM ( cr 100m1 ) SULFATE (mg/IT _ __ } 1 : -1 CHLORINE RESIDUAL (mg/1 ) FECAL COLIFORM (per 100mi ) TOTAL HARDNESS as CaCO3 (mg/I ) r = _.._. TURBIDITY (ftu) AMMONIA as N. (mg/1 ) CALCIUM as CaCO T(7I)-- CONDUCTIVITY (micromhos) NITRITE as N. (mg/1 ) MAGNESIUM as Mg (mg/1 - =O r _J BOO (mg/1 ) NITRATE as N. (mg/1 ) SODIUM (mg/I ) COD (mg/1 ) KJELDAHL NITROGEN (mg/I ) ARSENIC (ug/IT CID = _ COLOR (units) TOTAL PHOSPHORUS as P (mg/ I ) CADMIUM (uq/lj-- =D t _-1 OIL S GREASE (mrg/I ) MBAS (mg/l } COPPER (ug/I) : ! II= r SETTLEABLE SOLIDS (ml/1) BORON (ug/1 ) - CHROMIUM, HEX (ug/I ) Thlillii I - IJ DISSOLVED SOLIDS (mg/I) CHLORIDES (mg/1 ) IRON—Tug/l ) Err; (. ! I r I SUSPENDED SOLIDS (mg/I) FLUORIDE (mq/I ) LEAD (uq/ I) ' f : I Lab. Water Qual . 303 State Health Department Water Quality Control 4170-092 / DEPARTMENT OF HEALTH ri t (;) 1517 16TH AVENUE COURT GREELEY, CO 80631 i ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 CHAIN OF CUSTODY RECORD SURVEY SAMP R(S):(Signature) iii:qSAMPLE SAMPLE LOCATION DATE TIME SAMPLE TYPE N O' ANALYSIS REQUIRED NI IMBER CONTAINERS 11:15" b oAkr X¢3- 1 nao ; ,a by P., A a 1 ,' 13) C D h CO / wrt�rl— XB -a- Otto Ni Ry , wtn. ! c: 1))OO I'f' n,, RELINQUIS ED BY: RECEIVED BY: DATE TIME E4/�/ 0 O( L& Q )--k `TcS l4-eo El, QUISHED BY: RECEIVED BY: RELINQUISHED BY:111111 RECEIVED BY: RELINQUISIED BY: RECEIVED BY: RELINQUISHED BY: RECEIVED BY: RECEIVED FOR LABORATORY BY: DATE 'I'I MIco c:,,k_,,,,, -,..t.,, ,,,METHOD OF SHIPMENT: k:\env pro\lab\chain2.cus /o r 4 �♦s 1.! Y P. r a� •r . sir '!. ,Xlr-IC-s.4. mCI l.00LiT .`-A c f(A.",\ ')'fin -9? h 7-6 -Q8' a y . 4., ' y� ; t '- Mr i� y '; , yrg ; 4 i4'�1� «. ,�yu4 M gyp'+ h.,, ', T m. yW 1• G� I� s .r�: .. i .wa. • 0 ." .1. �;� �Y� ) IS A . iU ;444.4.14Clf i 7lR.w�M..-K,t 7-G-9S /w zs -7-1.-48 Ike fi 4. \\j . Ali :. atdr # j t 4 \l .ttfr-J ii 7-4 -94 - 4 " , It.: ! f ; rr„7 .1.1'2r, '-"e AS i • I. • r y 7 . '. o dE, ri� '` ' r I cE,) C4\t4...4_ 0.\1)C- w\."N, estiv_A-PAn ., & - C1't --Vwvx Ct sod,, '!^h<-r l.__,oftv ., 7q� 7—CP•48 -La- 07/01/1998 86:38 9703564338 DYE:RCO FABRICATORS PAGE 01 G v- "1 c ti 1✓ - /f/ 1W CON/C- 0 'Ng/LL. 'C,Y /Yf//4rfe FY/4W - 1� /Th9F - soRf.fa f s.flor/ , I t/ - I11\---\ F r AIWA/ktic ,.. , I „ , „, ,.-N, , - ,---\1-----1 ,,, 1/4, kr il%1 $ 4 Mo it. ,, zt , 4 � , witQ 1 c •.. .. to •Z 1 I's 1 i k , -... Ai, 1( c / i - I N. 'too . . � \ , June 29, 1998 a Weld County Department of Health 1517 16th Ave. Ct. JUL 9 19811' Greeley, Co. 80631 Attn: Connie O'Neill Re: Your phone call and mine in reply As I mentioned, one of the things included in our storm water drainage system is a pit located at the end of the main leach field to prevent surface water and water from melting snow from impacting the leach field. To protect us from drainage from the properties immediately above us , we had a surface ditch terminating in a 10" pipe under our drive. During construction, the DOT filled this ditch for a temporary traffic bypass. They replaced our 10" pipe with an 8" pipe and did not remove the fill. During a severe rain and hail storm in late May, we were flooded. To get the water down, I had to re dig the surface ditch and we had to pump the water from the building. On June 13, we had another storm and we were flooded again. We then discovered that the levee and drainage for the properties farther up the hill had not been replaced and all the water was coming down on us. This raised the water level above our drainage system. During our investigation of this, we looked in the surface water pit and observed what appeared to be raw sewage. As there is no way it could get there from our system which is many feet away, it could have only gotten there externally, apparently by someone mistaking it for an RV dump. We cleaned and sanitized the pit and marked it -NO DUMP. The DOT corrected the drainage above and have an engineer working on a long term solution to their drainage problem which includes our storm water. To date, no one has offered to pay for any of the damages we have incurred. As we noted during our conversation of the 18th, the water was no longer coming from the pipe. We hope that this satisfactory concludes this situation. If you have any further questions, please let us know. Sincerely, Cli d yer 06/ t/1998 13: 35 9703564338 DYERCO FABRICATORS PAGE 01%02 Pc-c\--0 ‘ Cott& O\ f\c' k R = C Vcciti 1- Rt o 4 44 13:35 9?03564338 DYERCO FABRICATORS PAGE 92/0'2 June 29, 1998 Weld County Department of Health 1517 16th Ave. Ct. Greeley, Co. 80631 Attn: Connie O'Neill Re: Your phone call and mine in reply As 1 mentioned,one of the things included in our storm water drainage system is a pit located at the end of the main leach field to prevent surface water and water from melting snow from impacting the leach field. To protect us from drainage from the properties immediately above us, we had a surface ditch terminating in a 10" pipe under our drive. During construction,the DOT filled this ditch for a temporary traffic bypass They replaced our 10"pipe with an 8" pipe and did not remove the fill. During a severe rain and hail storm in late May, we were flooded. T'b get the water down, ]had..to re:tlig the surface ditch and we had to pump the water from the building. On June 13, we had another storm and we were flooded again. We then discovered that the levee and drainage for the properties farther up the hill had not been replaced and all the water was coming down on us. This raised the water level above our drainage system. During our investigation of this, we looked in the surface water pit and observed what appeared to be raw sewage. As there is no way it could get there from our system which is many feet away, it could have only gotten there externally,apparently by someone mistaking it for an RV dump. We cleaned and sanitized the pit and marked it-NO DUMP. The DOT corrected the drainage above and have an engineer working on a long term solution to their drainage problem which includes our storm water. To date, no one has offered to pay for any of the damages we have incurred As we noted during our conversation of the 18th,the water was no longer coming from the pipe_ Wehope that this satisfactory concludes this situation. If you have any further questions, please let us know. Sincerely, Cleta - 91s b Clifford R Dyer _,`u • (F • t SRI .n' Ls 0� tst tipeil4t3 DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 DC:. ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 June 19, 1998 Certified Letter No.: Z 130 100 174 Clifford Dyer 6086 West 10th Street Greeley, Colorado 80634 Dear Mr. Dyer: In response to a complaint, on Friday, June 12, 1998, a representative of our Department observed the right-of-way north of your property located at 6310 West 10th Street, Greeley, Weld County. The complaint alleged that a pipe from your property was discharging an unknown fluid into the right-of-way. Our staff confirmed the complainants observations. We also observed that a pipe was discharging fluid into the right-of-way. Our staff have sampled and analyzed the discharge. I have attached the analysis for your review. The analysis revealed that the fluid being discharged is typical of sewage. As you are aware, we discussed this situation on the telephone on Thursday, June 18, 1998. You have indicated that the fluid being discharged was rain water that falls on the roof of your buildings at this location. We also discussed the fact that this pipe continued to discharge water in the absence of any significant rainfall in recent past. As a result, this discharge is in violation of Weld County Individual Sewage Disposal System Regulations, as follows in part: Sec. 3.1 "General Sanitation Requirements: The owner of any structure where people live, work or congregate shall insure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground...." Clifford Dyer June 19, 1998 Page 2 In addition, this discharge is also in violation of the Colorado Discharge Permit System Regulations (5 CCR 1002-61) which states, in part, "No person shall discharge any pollutant into any state water from a point source without first having obtained a permit..." Therefore, as we discussed, you must submit a detailed plan of correction to this Department, for our approval, within 5 days of receipt of this letter. At a minimum, the plan of correction should describe the source of the discharge and the proposed method to eliminate the discharge. The plan of correction should also include a reasonable time frame in which the corrections will be completed. In the event you alter, repair, or replace an existing septic system to cease the discharge you must first obtain a permit from this Department. Please be advised that failure to submit the plan of correction and eliminate the discharge will result in additional action from this Department and the Water Quality Control Division of the Colorado Department of Public Health and Environment. This may consist of civil and/or criminal penalties. Should you have any questions concerning this matter, feel free to contact me at 353- 0635, extension 2240. Sincerely, r L Connie O'Neill Laboratory Program Supervisor tj/1035 cc: John S. Pickle, M.S.E.H., Director, Weld County Health Department Lee Morrison, Weld County Assistant County Attorney Carla J. Lenkey, Colorado Department of Public Health and Environment Pat Martinek, Colorado Department of Public Health and Environment Gary Dewitt, Colorado Department of Transportation Enclosure: (2) WELD COUNTY HEALTH DEPARTMENT LABORATORY , 1517 16TH AVENUE COURT GREELEY , COLORADO 80631 LAB NO. 'WATER QUALITY DATA Station Designation : Date of Sample : -REMARKS: year month day `_ I P ii c o7 n ...r.-, /:-) l'�? i le r' ' 4-1 Town, County, etc. .. ^) , Cry-e(49 y , (VP1 C-4 `? S 6) - I .-rtrvw cr i lc 'It O, 1( rk) . ' Time of Sam le : _ Collector: I ! :.1 11'l.tt C3/0 ≥tv, _f( f / j. ;ter'//'/ LStation Code Serial : I_ i ' L Date sample received at Laboratory: year 1 month day- Received by: I,) i _ _ TIME : I I . 1_ (l TEMPERATURE (0F) � TOTAL SOLIDS (mg/T) CYANIDE (mg/I ) t _ , =DI _ pH (Standard Units) VOLATILE SOLIDS (mg/1 ) SELENIUM (ugh ) ..-7. F =El , , li DISSOLVED OXYGEN (mg/1 ) TOTAL COLIFORM (per_ IOOml ) (SULFFATE (mg/l� 1 L • l 1 _ CHLORINE RESIDUAL (mg/1) FECAL COLIFORM ( er lOOml ) TOTAL HARDNESS as CaCO3(mg/I ) } DIE_1I _ i - I] TURBIDITY (ftu) AMMONIA as N. (mg/1 ) CALCIUM as CaCO—(mg/i) f - r L i.eS t CONDUCTIVITY (micromhos) NITRITE as N. (mg/1 ) MAGNESIUM as Mg (mq/1 I T ]+l f 1 T f I - _'_J BOD (mg/I ) NITRATE as N. (mg/1 ) SODIUM (mg/1 ) COD (mg/1 ) KJELDAHL NITROGEN (mg/1 ) ARSENIC (u /I ) r _ � D D COLOR (units) TOTAL PHOSPHORUS as P (mg/ 1 ) CADMIUM (ug/ I) = 11H OIL b GREASE (mg/I ) MBAS (mg/l ) COPPER (ug/I ) 3= —.I SETTLEABLE SOLIDS (ml/ l) BORON (ugh] ) CHROMIUM, HEX . —7uq/1 ) EEL 1 111 DISSOLVED SOLIDS (mg/I) CHLORIDES (mg/1 ) IRON (un/ I) i EEL _ 1 SUSPENDED SOLIDS (mg/I ) FLUORIDE (mg/I ) LEAD (ug/1) T ]1 - r * _ Lab. Water Qual . 303 State Health Department Water Quality Control 4170-092 1 WELD COUNTY HEALTH DEPARTMENT LABORATORY 1517 16TH AVENUE COURT • GREELEY, COLORADO 80631 LAB NO WATER QUALITY DATA . Station Designation: Date of Sample : REMARKS: . (( ;,11J (, ) . _li ? Year month day Town, County, etc. : d • /, „ o,;. . k ), , , , ,{. , , Time of Sam le : i Collector: r y,, 1 ) / i' ! j Station Code Serial : ' — — . • 1 . Date sample received ,. ,t 3‘ ;‘, ` at Laboratory: year month day Received by: - TIME : _ 1 J-. ~TEMPERATURE (oF ) TOTAL SOLIDS (mg/1 ) CYANIDE (mg/I ) T i __ pH (Standard Units VOLATILE SOLIDS (mg/I ) SELENIUM (ug/1 ) DISSOLVED OXYGEN--571 ) TOTAL COLIFORM (per IOOrni ) SULFATE (mg/I ) T _ 1 H r it CHLORINE RESIDUAL--797/1 ) FECAL COLIFORM (per lOOml ) TOTAL HARDNESS as CaCO3(mg/1) r i _1 TURBIDITY (ftu) AMMONIA as N. (mg/1 ) CALCIUM as CaCI) (mg/1 ) _ CONDUCTIVITY � CONDUCTIVITY (micromh,y5) NITiRITE as N. (mg/1 ) MAGNESIUM as Mg (mg/1 i : i BUD (mg/i ) NITRATE as N. (mg/1 ) SODIUM (mg/lj COD (mg/i) KJELDAHL NITROGEN (mg/I ) ARSENIC (ugh!) COLOR (units) TOTAL PHOSPHORUS as P (mg/I) CADMIUM (ug/ I ) T T _ _I _ Hi , i OIL C GREASE (mg/I) MBAS (mg/i ) COPPER (ug/l)- TII SETTLEABLE SOLIDS (nt /1) BORON (ugh! ) CHROMIUM, HEX . (uq/I ) DISSOLVED SOLIDS (mg/I ) CHLORIDES (mg/1 ) IRON (uq/i7 -Ili SUSPENDED SOLIDS (mg/I1 FLUORIDE (mq/I ) LEAD (ug/ I ) - 1 . _ : _ 1 __ ._J Lab. Water Qual . 303 State Health Department Water Quality Control 43.70-092 I rs(iii 40 ' . 41416 MEMORANDUM 11 ei. TO: File DATE: June 18, 1998 FROM: Connie O'Neill COLORADO SUBJECT: Complaint# W98-005 On 6-12-98 Jim Kraise and I investigated a complaint regarding a discharge from a pipe at 6310 W. 10th Street in Greeley. The pipe is located in the 10th Street ditch just to the west of the driveway for the Southwest Specialties business at 6310 W. 10th. Jim and I spoke with Gap Barrere. He said that the health department had beer out before to look at the pipe. He indicated that pipe was a drainage system for that property as well as the businesses to the south and the house to the south east. It was needed when the house was build due to the high groundwater. He also told us that Cliff Dyer is the owner of that business as well as the business building to the south. Jim collected a sample to verify that it was groundwater and not a discharge from the home or businesses. Lab results from the sample collected on 6-12-98 indicate that the discharge is sewage and not ground water. A second sample cot ected from the same pipe on 6-16-98 show similar results that would also suggest that the discharge is sewage. .R- pi Cl., iA"e ..• \[. C . til i{ -- Jy�1�;�� 1 - .',_.., JiLi.(i,.,'s -` ' 2i si i, WELD COUNTY HEALTH DEPARTMENT LABORATORY . 1517 16TH AVENUE COURT GREELEY, COLORADO 80631 LAB NO. WATER QUALITY DATA Station Designation : Date of Sample : REMARKS : year month day Town, County, etc . : I Time of Sam )le : Collector: 1 + ii d r 7 Station Code Serial : N Date sample received i at Laboratory: year month day , +, i Received by: TIME : - TEMPERATURE of T SOLIDS (mg/Tl CYANIDE (mg/1 ) t _ . 1: i , pH (Standard Units) VOLATILE SOLIDS (mg/1 ) SELENIUM (ug/ IT _ .� iyt 1 - s DISSOLVED OXYGEN (mg/I) TOTAL COLIFORM (per 100m1 ) SULFATE (mg/I ) - Liall - 1_--I-- CHLORINE RESIDUAL mg/l i FECAL COLIFORM (per 100m1 ) TOTAL HARDNESS as CaCO3(mq/1 ) 1 T . TURBIDITY (ftu) AMMONIA as N. (mg/1 ) CALCIUM as CaC0 —(mg �— I CONDUCTIVITY (micromho ) l NITRITE as N. (mg/1 ) MAGNESIUM as Mg mq/1 BOD (mg/1 ) NITRATE as N. (mg/1 ) SODIUM img/l ) ,; � F I. ' i . / . jj t�r. i : : COD (mg/I) KJELDAHL NITROGEN (mg/i ) ARSENIC (ugh] )T II I . _ . � - - LI COLOR (units) TOTAL PHOSPHORUS as P (mg/ I ) CADMIUM (uq/I )4 OIL & GREASE (mg/l) MBAS (mg/i) COPPER (ug/ I ) SETTLEABLE SOLIDS (ml/I ) BORON (ug/1 ) CHROMIUM, HEX . --(—LT,WI - e a . _ 1 li , . DISSOLVED SOLIDS (mg/l1 CHLORIDES (mg/1 ) IRON 7uU/ 1T-- e � _ I - II SUSPENDED SOLIDS (mg/l1 FLUORIDE (mq/1 ) LEAD (uq/ I ) Lab. Water Qual . 303 5-:.ate Health Department Water Quality Control 4170-092 ‘at inn DEPARTMENT OIF HEALTH 1517 16TH AVENUE COURT GREELEY', CO 80631 ADMINISTRATION (970) 353-0586 Ca HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 CHAIN OF CUSTODY RECORD SURVEY SAMPLER �Z2r1-(22- l� > SAMPLE STATION LOCATION DATE TIME ANALYSIS REQUIRED NUMBER ST,i{ P y 3(0 �oofi1 6/O9 I qUo &o D PM , IV Hy- N, 1O3 RELINQUISHED BY RECEIVED BY DATE TIME y-, £oi- rnl2 iC(atzP G/ Ag 1500 RELINQUISHED BY RECEIVED BY - RELINQUISHED BY RECEIVED BY RELINQUISHED BY RECEIVED BY RELINQUISHED BY RECEIVED BY WELD COUNTY HEALTH DEPARTMENT LABORATORY 1517 16TH AVENUE COURT GRE4.EYt, COLORADO 80631 LAB No. WATER QUALITY DATA Station Designation: Date of Sample: REMARKS: , year month day Town, County, etc. : d , . / Cd / ., w �_ t1c • Time of Sam le: J: Station Code Serial : 1 1 1 Date sample received • •\ .•.1t'4: 1,, at Laboratory: year month day Received by: ' , I ' TIME: 1 `.,1 TEMPERATURE (4) TOTAL SOLIDS (mg/1 ) CYANIDE (mg/l) pH (Standard Units VOLATILE SOLIDS (mg/I ) SELENIUM (ug/TT [ 1 [� � . ] ,DISSOLVED OXYGEN —71-971 TOTAL COLIFORM (per 100m1 ) SULFATE (mg/1 ) k, 4 _ . . 1 # t 1 _] CHLORINE RESIDUAL—77971) FECAL COLIFORM (per 100mI ) TOTAL HARDNESS as CaCO3 (mg/I ) I ,;-`.J' . zy O ( : o 01_ I I , ] ___ TURBIDLTY (ftu) AMMONIA as N. (mg/1 ) CALCIUM as CaCO [mg/i ) CONDUCTIVITY (micromhos) NITRITE as N. (mg/1 ) MAGNESIUM as Mg mq/i L1. _ ; =CI rt [ t 1 800 (mg/1) NITRATE as N. (mg/1 ) SODIUM (mg/1) ( -I : . I T f . , 1-1 _I i COD (mg/1) KJELDAHL NITROGEN (mg/I ) ARSENIC (ug/lf - - : I - _ - - I. 1 COLOR (units) ' TOTAL PHOSPHORUS as P (mg/1 ) CADMIUM (ugh! ) EC= F . _] OIL 6 GREASE (mg/TT---- mg/1 MBAS (mg/l ) COPPER (ugh ' ) # I] [T _ _ ' 1 SETTLEABLE SOLIDS ml/1 ) BORON (ug/l ) CHROMIUM, HEX . (uq/I) • - e i _ '1 n DISSOLVED SOLIDS (mg/1) CHLORIDES (mg/1 ) IRON (uq/ I1 LL± T , , ID SUSPENDED SOLIDS (mg/1)-`-' FLUORIDE (mq/I ) LEAD (uq/ I) r , i e . 1 J * _J Lab. Water Qual . 303 S-:ate Health Department Water Quality Control 4170-092 ,(t: Awn DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 ADINISTRATION (970) 353-0586 HEALTH MPROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970) 356-4966 CHAIN OF CUSTODY RECORD SURVEY SAMPLER , !, (ui ^t.--c-L SAMPLE STATION LOCATION DATE TIME ANALYSIS REQUIRED NUMBER (CA -I( ) e� /U Lt,t iL112 S# , ,.i & VS /13.5 C.co fr<c-c�( Cr d ,/��[ r) Cu,' RELINQUISHED BY RECEIVED BY DATE TIME o t wn �r�.YJ C can: �� `�j 1_,"( -20(. RELINQUISHED BY RECEIVED BY ■■ RELINQUISHED BY RECEIVED BY ■■ RELINQUISHED BY RECEIVED BY ■■ RELINQUISHED BY RECEIVED BY ■■. WELD COUNTY HEALTH DEPARTMENT FORMAL COMPLAINT RECORD Complaint No. :LO O D -O6 / Date/Time: 07/4k , Complainant: _ �, f/" �!�U ress C'Xf f EKS 1, /O ST E'hone(*4,7I-74v (1.4 9 Owner: Address Phone: Address/Location: 6 3/O w . /c-/-1 CV-. —Complaint: _ . r ,s , v.� 41' 1 -4 - MA 10 ° fM - - - Received by: — Investigation:- .., tLk4r.Qk.ta r-ya„.k . " c,dz..,t ba° — B -(-.4 )...... , Dater., 'Action: By: Date:__ Follow-up: - By: Date: Final Disposition: By: Date: ___ • WELD COUNTY HEALTH DEPARTMENT FORMAL COMPLAINT RECORD i • Complaint No. : { Date/Time: Complainant: i J i 'Address ( ;;r 1 r Phone: • . ✓, r.= f , Owner: Address Phone: Address/Location: f • Complaint: J.t Received by: Investigation: • By: .'. Date:— Action: By: Date: _ Follow-up: • By: Date: _ Final Disposition: By: Date: APPLICATION FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM No. -- WELD COUNTY HEALTH DEPARTMENT New ENVIRONMENTAL HEALTH SERVICES 1516 Hospital Road, Greeley, CO 80631 ',Repair 353-0540 EXT. 270 BP • OWNER r '7Lr"µ>;' ADDRESS - PHONE - ADDRESS OF PROPOSED SYSTEM %> LEGAL DESCRIPTION OF SITE: PT I/ -:<- '' S i. , T - R .,,,: SUBDIVISION__ LOT , BLOCK _, FILING USE TYPE: RESIDENTIAL _ INSTITUTION COMMERCIAL OTHER _ SERVICES: PERSONS `- ' BATHROOM'S- -ice :-1- I' LOT SIZE � ' BEDROOMS BASEMENT PLUMBING WATER SUPPLY - TYPE OF SEWAGE DISPOSAL REQUESTED: 4 ',I', /' 7 a ',%; Applicant acknowledges that the completeness of/this application is conditional upon further mandatory and additional tests and reports as may be required by the Weld County Health Department to be made and furnished by the applicant or by the Weld County Health Department for purposes of the evaluation of the application; and the issuance of the permit is subject to such terms arjd conditions as deemed necessary to insure compliance with rules and regulations adopted under Article 10, Title 25, CRS 1973, as amended. The applicant certifies that the proposed system will not be located within 400 feet of a com- munity sewage system. The undersigned hereby certifies that all statements made, information and reports submitted here- with and required to be submitted by the applicant are, or will be, represented to be true and correct to the best of my knowl- edge and belief; and are designed to be relied on by the Weld County Health Department in evaluating the same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application and in legal action for perjury as provided by law. Application fee Rec'd by ,/,-,' -7 , ^,.� DateL / ,/ Owner/Agent Signature Date * • • • • • +i • * • w • • k * * * * * • • • +'x • • * • • • • * • • • • • • • • • * x • • • • • • • • • FOR DEPT. PERCOLATION RATE 2O,4 m,✓ ,'cA © 2 Y hrs. WATER TABLE DEPTH 06 ScaccNal USE ONLY SOIL TYPE s'wdy sill loam PERCENT GROUND SLOPE"1-7X REQUIRES ENGINEER DESIGN ( ) YES (r-)'No INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT • From the application Information supplied and the on-site soil percolation data, the following minimum installation specifi- cations are required: SEPTIC TANK /COO GALLONS, ABSORPTION TRENCH 903 SQ. FT. )Est. mar. Fla«-I or —700 9pd, ABSORPTION BED 174 SQ. FT. In addition, this Permit is subject to the following additional terms and conditions: r tlaxtmurv) depth OF absor1?tiew Feldo 2 Ft, due tc preched w, } fame, .gee back 01'r.01; evala:. payel,FOr cafe, This Permit is granted temporarily to allow construction to commence. This Permit may be revoked or suspended by the Weld County Health Department for -easons set forth in the Weld County Individual Sewage Disposal System Regulations, including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance.of this Permit does not constitute assumption by the Department or its employees of li lity for the ilure orinad uacy1 of the.sevvage disposal system. c in3 /5 s3 /VI '�t •ll//�,�Ktil//��/ 2-/C-83 • ::&a EnvIronmerYtal Specialist Date This Permit is not transferrable and shall become void If system construction has not commenced within one year of its issuance. Before issuing final approval of this Permit the Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final Permit approval is contingent upon the final in- spection of the completed system by the Weld County Health Department. SYSTEM CONTRACTOR FINAL INSPECTION SYSTEM ENGINEER • APPROVAL Environmental Specialist Date The issuance of this Permit doas not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted pursuant to Article 10, Title 25, CRS 1973, as amended, except for the purposes of establishing final approval of an Installed system for Issuance of a local occupancy permit pursuant to CRS 1973 25.10.111 (2). Original-Applicant; Copy-WCHD WCHD—EHS February, 1981 . /o .v-.. , rceic / * 2 Weld Co. Health Dept. ENvir,oNncsta1 HeaUb Services Sitc Evalvaf1oN Name: 2 yerer; FA L . Permit No. 3h 83 Address: 63/c 61' /t'—!St. Date: -/.5-.g_3 C reclel , Cc. PT '[` ,SL'T r I? Q' Pcrcolatow Test Data: _ 'al le. L;DS 2 ; 2t' 2 '.3 � 2.sO 3 CC 3ZZ: miN. 1;zc Hole Hole H2O 3a 15 5/ 5- LC /_ / 5 / s /tic VI, # bepfh Rema%N"•+j ?nig. Win. miN. miN. miN. YniN. miN. FiNal /_ /(l9//6'13=td t.32/4-l2''a = /27,2-i1 = IZ- II '62 filin-13`.6; lit-12Z? = I rii.-Iz%,= Z--7 22Ys -k - Z e _'ll-'`z3'E -27j/y:Zo''6 - 14��c 22%m `ZC%g_ <3Ve-22%i6_ 209//G __ r 23%-22Jc_ `x � 7 � 3/ CC-71 2 6 �8 J /% 14 I /� 1674 ) i� 229/4-19 = z3 -224, U+. -21i= 2 e -2S%6=2413/16 _267 17,11,-26%= n',8-27,/e= C-' 3 /ib, l /E.n/E. 1% '�E 1 yth �q 13/6 * ed,9wa tsln„� fioauNy depth iadASLmc,,.I1� Total �— 9j) l AvcJ. ft :Rafe E.H.S. , ��/≥. ��t, • Pict Platy Soil ProPi)e O -13 ynedyI,, br samdy ka1,7- W 10 V! St . to Gracie"- 4 - 13 -22 elk. br• rnndy Sift Joao/ L)b o 0 1 22 34 reed yi,,�ta,br. /11f ti � t3, a 34-46 It', yl.bn veiysu.,dy la&n; h ard 0 0 66-St IT, y1,, Ai; and/ JL`/c-.4,/ r,p 1-1Oz tail 4 yec 9 z sc/CCS-tl,a9 (%:`;/,) w/ TrJ/yard,✓ S1/4/14' acre I A '1 Weld CO. Health Dept. E_nvirossicNtal Health' Services Site Evalva i i opt Nar+e: h ye,ico F3 h, , Perrnft blo• 3 ) — 63 Address: tcc pa 3r r Date: 5 l5- 8 3 _ PT S__T ,R Pcrcolat;ow Test Data: Hole Role -} B' /S /7C-- INcI'I, # Depth -Rrn.Adetj 7»IN. m%N. M;N. MiN. MIN. YniN. rnIN. FiNal Jr i� /�� — 26,7 zi g -2c%o 223/ia 3 z9 '2s'/s= 24 din, -29= Total /• I A vq. Pe rc.Rate 2O4 9 E.H.S. 4-1/ 1 Plot PlaN Soil Profile See Pale. I SCe paye / • SEPTIC INQUIRE'�,1= UPDATE i-i5•F'INQO1 ;�,T.r 3''3:l.: PERMIT .L i x, 11:i�'.... P RM:1 T INF=O : PERMIT t830031 OFF(F/G) 1 = ERM►7:T TYPE N PERMIT ST ATUS A - GWNER DYIERco , F AI4INC. : SS DATE . 030103. SYSTEM T'TYPE T OWNER ADDR : STREET 631 0 U. 1 0'I H • PHONE 303 3564338 CITY GF:EF;:1...EY STATE no ZIP 80631 0000 SITE ADDS : STREET 6310 W. . 10TH ST CITY GREEL.EY STATE Cu ZIP 80631 0000 LEGAL FE:SC : F'Tt 1' E:4 . • P r 2 SEC 10 TWNEHP OS RNG 6 ' ; UBDIV. LO..,. a+I_K FILING 000 USE TYPE : PEE N COM Y INST N OTHER N DE SC SERVICES : PERS :i0i BATH _5.00 LOT SIZE 2,,00 BEDROOMS 00 WATER i r• P4 0000000 SIGNED DATE F. Lt;_�fi'S1 i`I�'i..l`'fi:'t 'i�? E�f: SUPPLY t.,F�ELY _ FEE PAID N AMT-PAID 0.00 OWNER/SIGN.BY CILLFORD KLYER INSTALLATION SPECS = PERC DATE 031503 PERC RATE (MIN/IN) 204 WATER DEPTH 066 FT- / GRD.;x1 UI I::: f.)1•^} DIRECTION 000 Si3IL(S/U) S ENGIt::.DSGN. REG-. N TANK: CAP 1000 TRENCH Y S(:;.F'i 09{:x:': BED '( EQ.F I- 1174 ADDL.TERMS Y EVALUATOR 0241 EVAL.DATE 031584 INSTALLER FINAL.. EVALR FINAL. DATE BOH(A/D) • DOR DATE SEC' D BY 0001 ENGINEER _---- UPDATE PERMIT - 1"'F1 PRINT PERMIT - PF2 RETURN TO BROWSE MENU - PF: ._... 1�:;::. I tlRN TO BROWSE _. F`F RETURN TO iiENi! - F'F 3 RETURN TO MAIN MENU -- P± 12 • i ' DEPARTMENT OF HEALT 1516 HOSPITAL ROP GREELEY, COLORADO 806: ADMINISINATION (303)353-05f I HEALTH PROTECTION (303) 353-06: COMMUNITY HEALTH (303) 353-06: Co .. COLORADO December 28, 1987 Dyerco Fab. Ire. 6310 W. 10th Street Greeley, CO £O631 Dear Sirs, Your individus.l sewage disposal permit number 31-83, dated March 1, 1983, has expired and if no longer valid. A review of our files indicates no action has taken place since March 15, 1983. You are required to respond within 30 days as to the status of the permit. You are required to provide information as to what work was initiated and if construction has been facilitated as per this permit. If no work was done or if you abandoned the permit, please state this in your response. Your caoperat:Lon in this matter will be greatly appreciated and assist us in updating our files. Thank you for your help and timely response. Sincerely, 0141 Wes Potter, Director Health Protection Services WP/taj { A4-‘ittinrH mEmOIRAn®UM WI(Dc. To Weld County Planning Date October e� .4, 198' rl 9 COLORADO F,om Environmental Protection Services I (V/ (�Y1n' { St eject: I.S.D.S. : DYER, CLIFFORD U OWNER: DYER, CLIFFORD Phone: 356-4338 MAILING ADDRESS: 6314 West 10th Street Greeley CO 80634 City State Zip SITE ADDRESS: 5310 West 10th Street Greeley CO 80634 City State Zip LEGAL DESCRIPTION: PT N2 PT NE4 SEC 09 TWN 05 RNG 66 SUBDIVISION: LOT BLK FLG The :.septicysystem. identified above is, XR 4s not of sufficient .size to accomodate the proposed alteration(s) indicated bedow to the structure(s) served by this system. CURRENT FLOW: ADDITIONS: PROPOSED TOTAL: Persons 0 6 6 ' Bedrooms - - Bathrooms 1 1 2 - Permit on Record: NAME Dyer, Clifford NO. G-899100 A new-permit was .taken out October 9, 1989, Permit #G-890238. _' INDIVIDUAL SEWAGE DISPOSAL, SYSTEM EVALUG1IuP Date Received Received by Evaluation Date /d — (.("'o 7 Done byt /0 yryt,tr OWNER: — MAILING ADDRESS: PHONE: LEGAL DESCRIPTIDN: P1 _ P2 Sec TWP RNG Subdivision: Lot Block Filing WATER SUPPLY:_ Use Type: Lot Size The septic system identified above is, is not of sufficient size to accommodate the proposed alteration(s) ind cated below to the structure(s) served by this system. CURRENT FLOW: ADDITIONS PROPOSED TOTAL Persons Bedrooms Bathrooms Basement Plumbing Est. GPD �y Permit on Record: NAME L �/ fVY CI DJer NO. p q Ci/ o o System Size: TANK So o gal. FIELD /2- (2 sq.ft. ABSORPTION BED_ sq.ft. Percolation Rate o�°•`r MIN. PER INCH Engineer Design: Yes No Soil Type A'L.I 'GL Percent Ground Slope Direction The existing septic system requires the following to accommodate the proposed alter.itions to the structure(s) served: pr " / ADDITIONAL COMMENTS AND BIAGRAMS (90-4-Ce IAlDIVIDiiAL SEWAGE DISPOSAL SYSTEM E`;ALUUA rul: (� Date Received_ /0 • 3 —fr9 Received by G� _ Evaluation Date Done by S�. e . 63/0 u,. /0 4r"' S t. G r OWNER: ____CLye? r � C1; ford MAILING ADDRESS: 6,3/ 1_c�, (0 44" S L . (r)/ __.. PHONE: 3 >G — 4,33k LEGAL DESCRIPTION: P1 N P2 IV L L/ Sec 0 9 _ TWP l/ S RIG 6 6 Subdivision: Lot Block Filing WATER SUPPLY: {1f /y Use Type:_ ,g Lot Size ,;9sf The septic system identified above is, is not of sufficient size to accommodate the proposed alteration(s) indicated below to the structure(s) served by this system. CURRENT FLOW: ADDITIONS PROPOSED TOTAL Persons 0 6 6 Bedrooms Q 0 0 Bathrooms ( / 2 Basement Plumbing Est. GPD Permit on. Record: NAME NO. System Size: TANK gal. FIELD sq.ft. ABSORPTION BED sq.ft. Percolation Rata MIN. PER INCH Engineer Design: Yes No Soil Type Percent Ground Slope Direction The existing septic system requires the following to accommodate the proposed alterations to the structure(s) served: ADDITIONAL COMMENTS AND DIAGRAMS �' r, ue to l : ndCi /0 ... 7 e9 9/00 TS DS STATEMENT OF EXISTING SEPTIC SYSTEM (PLEASE FILL OUT IN INK) OWNER OF RECORD: (/If ay9 -p,VXL--, Phone: ,5g - Vf-3W MAILING ADDRESS: p,_.3/9"q- -/o 7-y Sr %�, �o POG3r/ r-/ - State Zip SITE ADDRESS: #< :37, - Zei/O/7 r)p Ci 4 InDYj)1' City State Zip LEGAL DESCRIPTION: PT ND. PT N E4 Section e51 Township 0S- Range 6 b SUBDIVISION LOT BLOCK FILING NUMBER OF PEOPLE: , Bedrooms: Bathrooms: Water Supply , . RESIDENTIAL OR. COMMERCIAL: /�? Lot Size: /DO %/3 0 Aeres- SYSTEM SIZE: Tank is Constructed of ers4O2 and has ..:3-(30, gals capacity (material) ` FIELD: Bed _ or Trench /17� sq. ft. Date System Installed: ( 5d—,S' • You are required to draw a diagram of the system on the reverse side of this. for and indicate position, length, width, and distance from the dwelling. The undersigned prcperty owner hereby certifies that the above described septic system is in fact installed, as described, and exists at this time on the parcel of ground identified by the above legal description and further states that the system is in good working order and to the best of his/her knowledge is not failing to function properly. I further understand that any falsification or misrepresentation may result in y_ revocation of any permit granted based upon this information 'hereby submitted and in legal action for perjury as prov e by law. Date Owner p Subscribed and; sworn to before this day of 19 g7 by 7 �lJ c Witness my'-nan and: official seal. y commission expires 3 r-c t-2b y xpi V r •J - . /o 3 -ilq f ,7r1 Date otary Public STATEMENT OF-EXISTING REVIEWED BY /Z C/7, a,--29 Environmental Protection Specialist Date () t _ } y • 6 DEPARTMENT OF HEALTH 1516 HOSPITAL ROAD to .-11‘71r>4 GREELEY, COLORADO 80631 IADMINISTRATION (303) 353-0586 ' HEALTH PROTECTION (303) 353-0635 COMMUNITY HEALTH (303) 353-0639 C. COLORADO October 5, 1989 Clifford Dyer 6314 West 10th Street Greeley, Colorado 80631 Dear Mr. Dyer: On October 5, 7.989, an evaluation of the existing individual septic disposal system at 6310 West 10th Street, Greeley, Section 09, Township 05, Range 66, was conducted by Judy Schmidt, Supervisor of this office. P The existing individual septic disposal system is not of sufficient size and capacity to adequately handle the proposed load. Therefore be advised that you are required to have the septic system evaluated by a Colorado Registered Professional Engineer and plans submitted to this office for review. A repair permit is required before any alteration may be accomplished to the system and before a building permit can be issued at the location. If we can be of any further help, please do not hesitate to notify this office. Sincerely, W F"6, 12r9'elee,c Y 1/4dl 'mot' Wes Potter, Director Environmental Pr3tection Services WP228/dgc Enclosures e9 Woo .5 DS STATEMENT OF EXISTING SEPTIC SYSTEM (PLEASE FILL OUT IN INK) OWNER OF RECORD: C//1D )-9 P27 Phone:em -35--; - 47:1.73W2 MAILING ADDRESS: i4.-37C71 ' �-/e' TN jT � J LO Prsc3 Cic,f State Zip SITE ADDRESS: / 3 /7/ rf/ , lfet" C� tfP627 City State Zip LEGAL DESCRIPTION: PT Na PT N E4 Section O1 Township OS- Range 6-6 SUBDIVISION LOT BLOCK FILING NUMBER OF PEOPLE: Bedrooms: Bathrooms: Water Supply) { i RESIDENTIAL OR COMMERCIAL: l`2077,yL L/ILGGy Lot Size: /d0 X /(2.? O A..re SYSTEM SIZE: Tank is Constructed of zee and has X60 gals capacity (material) ,� FIELD: Bed or Trench //2-t2 ,,pp sq. ft. Date System Installed: ,k(17 33 You are required to draw a diagram of the system on the reverse side of this form and indicate position, length, width, and distance from the dwelling. The undersigned property owner hereby certifies that the above described septic system is in fact installed, as described, and exists at this time on the parcel of ground identified by the above legal description and further states that the system is in good working order and to the best of his/her knowledge is not failing to function properly. I further understand that any falsification or misrepresentation may result in revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as prow' ell by law. /77 - -- ?5? L17/:;-4/ KVA- A-----' Date . / , ! Owner Subscribed and sworn to before th ��is day of ` , 19 Witness my hanaand official seal. y commission expires ' -c -?o • /U 3 a'? / '"&61te,. Date /1 Notary Public STATEMENT OF EXISTING REVIEWED BY Environmental Protection Specialist Date 1, F!SPI06P :!:NDIVIDUr=Ii... SEWAGE DISPOSAL SYSTEM PERMIT NO. G""89023:: WELD COUNTY HEALTH DEPARTMENT NEW PERMIT ENVIRONMENTAL HEALTH SERVICES 1516 HOSPITAL ROAD, GREELEY, CO S06;h 1 ♦ 353""016: .. EXT:.7225 7WI'!Eiti DYER, CLIFF ADDRESS 6 -{9 E{' ,' �_{ (; . 0ti 1 'r .) 1�FtlE• ;:�r`i i�J,:_,_'r -� 7T1`I STREET !��' :� �:,...�:�-• 33 : G E::ELEY • CO Fs'ic''>:' 4 '1Ii nv;ES:i OF PROPOSED S'•' T•F_1'E 6.-rii 0 WEST 10TH STREET t.i;i::.!: L1::.Y Di 80634 _EC:AL DESCRIPTION OF SITE : N2 N E4 EEC 9 •risE' :'.i RI~itr 66 ≥!_iT:tY;:IVISION : LOT 0 BLOCK 0 FILING 0 lSE TYPE : COMMERCIAL OFFICE 7E-. +'ICi=S : PERSONS 6 BATHROOMS 2,00 LOT SIZE . 14 ACRES BEDROOMS 0 BASEMENT PLUMBING NO WATER SUPPLY oi':'E:i.. I` 1PPLIC.ATION FEE :I;.T5;.tis00 :L:C ` D BY C:fai`F:::Y, DIANNE SIGNED BY CLIFF DYER DATE 10/09/89 DATE 10/09/89 ..... RATE 20.4 MIN PER•; INCH - N,- ZONE I•..,y r:•• 'I::.!�'C;ul_.iiT•:1:t:ii'•! 1�tiA•.'IE (;.;.; . . T'. I...J.iS:I'T':fi.t:. ::, �';_.>:.. •a i_. .I.L.t TYPE SUITABLE PERCENT GROUND t.t F•!:. OXDIRECTION :!:�:r:.►u];R':_,S ENGINEER DESIGN YES \ I • -4,, ... SOIL r• F'E: / i". DATA ?ROM T•1•ii:.. r��l-'i::'!_:l:i::;R7 �..i'�-- . INFORMATION 4. JF�'i=',...:F..�T� AND THE ON—SITE ;:>,.1":i... , `.F'C;C;!_,-y..i:!:.._Td ,.�r•I'i`A r i; SPECIFICATIONS T•J:t: ;.,.: ARE E: REQUIRED : •;..;�• FOLLOWING MINIMUM :l:i'+":; `L..i..A:T':!:i.T i'! .S F'1:=t:':E i�•T '�; :' = SEPTIC TANK 1000 GALLONS, ABSORPTION IRLNCH 4 Q, • : . OR ABSORPTION BED 250 .'.i :;, FT. :w ADDITION, THIS PERMIT IS SUBJECT TO THE FOLLOWING Ai:1D'IT.i.ONAL.. TERMS AND :ONDITTui'i' GRANTED �^1::'TEMPORARILY! F I CONSTRUCTION I C'. j .Y.. .55 I.... ::4.. THIS PERMIT .t.. ,: PERMIT ,.. r•){?�'i`! i t l ALLOW �L t r. E J `J 3 i•t- t - REVOKED, C SUSPENDED WELD COUNTY DEPARTMENT`ii= FOR t: �i:� ,.S „,I: � 7:, �';!.: :+.i -� :'f.. •t:i � HEALTH T '' \I.7• i,: ('i::'.:. rr'1� .t.=.... ,::.:_:..i+.EA. 3,. ,.:•�:.>';�`1::: <.t:-=:.... •T` ..t.l..ii::: Iwl._ t'' 7 ..�•'!•T•'r` !-1!• r`II_.•�`; ;. .�1�'i.t', 3 ''�. ...3. . . .. REASONS, i ..: .. .; R T I-! IN J i..E WELD t:' COUNTY INDIVIDUAL >`!:::uJ r't i:;E:: DISPOSAL SYSTEM REGULATIONS INCLUDING 'AILU!y,l_: TO [MEET ANY TERM OR CONDITION IMPOSED THEREON DURING':G TEMPORARY Y OP FINAL ►PPRO AL. THE ISSUANCE OF: THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY -;.!_!i::: A •T'••'E t EMPLOYEES FOR INADEQUACY ..t•H 3,ti.. ITS f::' •I �,. .�, LIABILITY THE I t`� r�r "t`: r t� 1i::F=r•,F, 1 :.��.T' OR ..'r>r ....;i;' ,...f.. I`i":?-.:.: OF i_.:i:I,.,:i:,...J:�r'� F' !"�: FAILURE Cis•', ,;,,,;; ,;,, ,r��:C•a' C. ,::. °E!:JAtYr 1/:`'"'CJ`s ri!... SYSTEM. —r C jl.thiu:it, 7 - 1c - 96 (1.1S 10/24/89 *HIEPERMITI i:: SHALL ;` F 1: .. ., t '{-':+ ..1..,,•i'f`:•: a�l'it {:>t.., +13 .i l(� � ;��' SYSTEM r•.•.�1�` -_ tl - °i.�1 f•:� HA:,. COMMENCED WITHIN .I: ',..i` •.; ONE YEAR R i. ISSUANCE, FINAL '. ,i ':CJ T ,i�. . ,...... t.i; ._. `r,.... i", .I!" ITS.. BEFORE ISSUING i• a_ ?r-•.1... APPROVAL OF I:' i! r";N �! .I DEPARTMENT i:;'..,,�....,,.� "..I..i1: R l: I 1 . IMPOSE .,,7'1?,'i' . 'HIS PERMIT........ THE WELD C.:,-.�.-- '•I i::.F I:... ;+I: RESERVES t-:.:......r:., :...... � .i. :i"I~ i.; .i��i i'1::.t::. )••i'IONA!. TERMS AND .1.. � -i-: MEET {'-i i -r-U' 'i•I ,r:" ON A CONTINLING i.,.. CONTINGENT 1...1E ; ED SYSTEM BY THE... .....:'...... COUNTY HEALTH. I' DEPARTMENT. ••7.s I F.:.M INSTALLER ALL.ER 141. ..— . ._..__..r FINN ; t.., —1/24/0 _.... 'Y STEM M ENGINEER vy ,.0 ,rc QS ._........ ....................._.._..._ "'I≥=`F'F-;t�f'` AL _.............. _..... �. _ _... ....... OF 5.. .. 1'I C::: t SYSTEM�7 f:.:i E;+:.::. : .:: ...... �; .f ..._..._ ENVIRONMENTAL ('::1:I s1...:I:.:1.. iE .i..... 3..ii�',NL:•!. f1; `"1`:.I: ; x. ),:. `Zl't IMPLY Lt.TN i... '*N E !;tT i.: 0 ! hi...`.. If ! L, LOUNif " r..'1 .t.1t.,AL 1"\3_.txt.:l...A .I.i..ltd.••. Ai;0P i I:D Ht::'-i.iiJA :. TO ARTICLE 10, TITLE ..5, CRS 1973,3, AS AMENDED, YCEPT FOR THE 1- 1.:!.. iL }:: -'r.. i:_IN ",' A.EFuVAL „! .i.i'• !..._,...,l), i ....it :. IS ' ( bed are/r L-7;�� S ft 1 x-4,.(24-1 44uk \ /LA rAlope 4en- it a.c-4�e.vi e(�y lIVenritzt, 74e%F� 0-mt1, 1�tcrn- � . 450-11.(/ y _ bb Zogiopoulos and Associates, Inc. Engineering Consultants 1011 42ND STREET • EVANS,COLORADO 80620 • PHONE 352-6000 RECEIVED December 1, 1989 SAN Tn V fliVie'ori Mr. Cliff Dyer A�J G 1; 1990 6304 W. 10th Street Greeley, Colorado 80631 Way C(„ M Ira DM. RE: Septic System inspection 6310 W. 10th Street Dear Mr. Dyer: Zoyiopoulos &: associates, Inc. has completed an inspection of the septic system at the above referenced ac dress. The septic system by visual inspection meets the requirements of the Weld County Health Department Environmental Health Services Individual Sewage Disposal System Regulations and the recommended design requirements as describe in our letter to you dated October 6, 1939. Please feel free to contact our office should you have any questions or concerns regarding this project. Sincerely, ZOYIOPOULOS & ASSOCIATES, INC. ,S��/ Z • Buddy Viet w, CCS L,ncr RECEIVED SANITATICIN DNic ICN JUL 241990 WEED GD lii HEALTH DEPT. December 1., 1989 Mr. Cliff Dyer 6304 W. 10th Street Greeley, Colorado 80631 RE: Septic System Inspection 6310 W. 10th Street Dear Mr. Dyer: Zoyiopoulos 4k.. associates, Inc. has completed an inspection of the septic system at the above referenced address. The septic system by visual inspection meets the requirements of the Weld County Health Department Environmental Health Services Individual Sewage Disposal System Regulations and the recommended design requirements as describe in our letter to you dated October 6, 1989. Please feel free to contact our office should you have any questions or concerns regarding this project. Sincerely, ZOYIOPOULOS & ASSOCIATES, INC. Buddy Vierow, CCS L,ncr D1 eta lre 0 .' c©oc et/CI- ,gym . . c -� TC Jerric ` /' -a7- ? 9 � I1 (� OG�I7M4. E. Io/ YI87 _ U _ (:c„tv pr WELD COUNTY `BOARD OF HEALTH Engineer Designed System Review APPLICANT:C,ItcP .1JYer NO: 6:- 290a13? LEGAL DESCRIPTION: PT N � , NEVI s q T 5 _ R (r,to SUBDIVISION: / ,/LOT BLOCK FILING _ SITE ADDRESS: (,3) U (.1) • I Ott. 3-F . (sfee ti j 1 --- FACILITY : CosMIMCVcl CULAItiet4 y & RES : O. H_ PERC RATE: .O!] SOIL: gtaie (' WATER SUPPLY : (Treele9 SLOPE: LIMITING ZONE: X ENGINEER DESIGN (3.5) EXPERIMENTAL DESIGN (3. 14 ) ENGINEER: etddkil 016'00 — 207iopoulo-s .( QSSocia4tS ESTIMATED FLOW: / b O G.P.D. PRIMARY TREATMENT: +Clndard a rolar.kwfn+ Sepfic -lank CAPACITY: 1000 DISPOSAL METHOD: G1,korPhoe die ld SIZE: dSo REQUEST FOR VARIANCE : /% .C71tit STAFF COMMENTS: O0erSi ?ed wI STAFF RECOMMENDATIOI:appunta ENVIRONMENTAL HEALTH SPECIAF-T: REVIEWED BY BOARD: /OA B.O.H. DECISION: tAPPROVED DENIED TABLED 1Dale.Peters:, Chairman " weld County Board of Health ;DEPARTMENT OF HEALTH itZt A Alma I ritl 1516 HOSPITAL ROAD GREELEY, COLORADO 80631 ;. ADMINISTRATION(303)353-0586 _ 1 HEALTH PROTECTION (303)353-0635 ' COMMUNITY HEALTH (303)353-0639 f • COLORADO STAFF APPROVAL OF ENGINEER-DESIGNED SYSTEM The engineer-designed Individual Sewage Disposal System proposed for the property located at 3I 0 (J . (O S+. . &/ee and designed by 2D '�1IDpm .los 4 QSSOUe,}rs J is hereby approved subject to the following conditions: a = applicant for I.S.D.S. Permit No. & o)3 y, under th provision The'Weld County Individual Sewage Disposal System Regulations, do hereby understand and agree that after approval by the Director of Health Protection Services, I may proceed kith the construction of my engineer—designed sewage disposal system pr approval by the Weld County Board of Health, but that the • Healt reserves the right -to disapprove any or all parts sy` rm design when it considers my Yr application. I unders an• .gree at I proceed at my own risk and that I Ar may be required by e Board to emove any or all of the system installed prior to Board of Healry siderati4n of my application. UsaiPa Director, Health Protection Applicant Jo- i 3-%'9 /8-13-f67 Date Date DEPARTMENT OF HEALTH 1516 HOSPITAL ROAD WI, GFIEELEY, COLORADO 80631 ADMINISTRATION (303) 353-0586 WI D' - HEALTH PROTECTION (303) 353-0635 COMMUNITY HEALTH (303) 353-0639 : C� COLORADO October 24, 1989 Mr. Cliff Dyer 6304 West 10th Street Greeley, Colorado 80631 Dear Mr. Dyer: This is to informs you that your engineer designed septic system has been reviewed by the Weld County Board of Health and approved as submitted. Approved: A copy of the Weld County Board of Health I.S.D.S. Review Form and your I.S.D.S. Permit are enclosed. PLEASE NOTE THAT THE SYSTEM MUST BE INSPECTED BY A'REPRESENTATIVE OF THIS DEPARTMENT AND BY THE DESIGNING ENGINEER, BEFORE THE SYSTEM CAN BE APPROVED FOR OPERATION. THE ENGINEER MUST CERTIFY TO THIS DEPARTMENT, IN WRITING. THAT THE SYSTEM HAS BEEN INSTALLED ACCORDING TO HIS/HER SPECIFICATIONS. Should you have any questions regarding your septic system, please contact this office at your earliest convenience at 353-0635. Sincerely, Wi P ti G`y9`Z Eck nC Wes Potter, Director Environmental Protection Services WP266/dgc cc: Engineer I .S.D.S . File Weld County Department of Planning . . , . • • • . ),. . • • • ! • • • • • . . • ,, • • . , . . . , • . . • . . . : . . . 7 • , • ',. • . . . ') , • . . . . • . • .. • . . . . . ) Zogiopoulos and Associates, Inc. CS____,:__ Engineering Consultants ,, 1011 42ND STREET • EVANS,COLORADO 80620 • PHONE 352-6000 a October 6, 1989 Mr. Cliff Dyer i ' 6304 W. 10th Stree: i . .. Greeley, Colorado 80631 RE: Septic System Design 6310 W. 10th Street , Dear Mr. Dyer: Enclosed is the Septic System Calculations for the above referenced office building. The legal description being the North 1/2, Northeast 1/4, Section 9, Township 5 North, Range 66 West, of the 6th P.M., Weld County, Colorado. The office building will be 35 feet by 44 feet and contain two rest rooms arid a kitchen area. It will have a maximum of eight employees. The following is required to meet the Individual Sewage Disposal System Regulations by the Weld County Health Department Environmental Health Services: 1. (1) 1000 Gallon Septic Tank 2. (1) Distribution Box 3. Absorption Area of 250 s.f. (Based on 20.4 in./min. percolation rate as provided by W.C.H.D) 4. 10 feet min.) 4" dia. solid wall PVC pipe for distribution lines. 5. 60 feet (min.) 4" dia. perforated PVC pipe for distribution lines. 6. 9.25 c.y. of 3/4" - 2 1/2" clean washed gravel. (6" below pipe, 2" above.) 7. 2" layer of straw above graded gravel and distribution lines. 8. 12" (min.) backfill over absorption area graded to provide drainage runoff. This septic system, constructed according to the regulations referenced above, will provide service for your building for many years. Sincerely, ZOYIOPOULOS & ASSOCIATES, INIcc. Buddy Vie ow, CCS L,ncr CLIENT : Cliff Dyer DATE : 10-6-89 PROJECT : Septic System BY : B. VIEROW LOCATION : 6310 W. 10th Street FIRM : ZOYIOPOULOS & ASSOC. Greeley. Colorado STANDARD SEPTIC TANK / ABSORPTION FIELD DESIGN DESIGN CRITERIA ESTABLISHED BY WELD COUNTY HEALTH DEPARTMENT ENVIROMENTAL HEALTH SERVICES. IND] VIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS (AMENDED 1-1-86) I. SEWAGE FLOW CALCULATIONS GAL GAL TOTAL ESTIMATED DAILY SEWAGE FLOW 120 - Q : = 120 - 1 .5 DAY DAY MAXIMUM DAILY SEWAGE FLOW (SEC. IV. 4. 1 ) GAL Q = 180 --- DAY II . SEPTIC TANK CAPACITY MINIMUM TANK CAPACITY (SEC. V.5.3.B) 1000 GAL MINIMUM TANK REQUIRED (SEC. V.5. 3. B) TANK 0 1. 25 GAL >>> USE ( 1 ) 1000 GALLON SEPTIC TANK TANK = 225 --- -- DAY III . SOIL PERCOLATION TEST PROVIDED BY WELD COUNTY HEALTH DEPARTMENT MIN AVERAGE PERCOLATION RATE T : = 20.4 --- IN IV . MINIMUM AREA REQUIRED FOR ABSORPTION FIELD •�T MINIMUM AREA REQUIRED (SEC. V. 5.4. C) A : = Q - - A = 232. 28 3. 5 >>> USE ABSORPTION AREA (AA) SIZE OF AA : = 10 FT 25 FT AA = 250 SF 1 I _ r i i Hello