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( DEPARTMENT OF PUBLIC HEALTHAND ENVIRONMENT
t Penning Dept. 1555 N. 17T"AVENUE
If & eid county GREELEY,COLORADO 80631
Win JUN 07 1999 ADMINISTRATION(970)304-6410
PUBLIC HEALTH EDUCATION AND NURSING(970)304-6420
FAX(970)304 6416
CE WED ENVIRONMENTAL HEALTH SERVICES(970)304-6415
FAX(970)304-6411
•
COLORADO
June 2, 1999
Certified Letter No.: Z 193 639 709
Legal Action No.: 99-008
Husker Dairy, Inc.
P.O..Box 69
Broken Bow, Nebraska 68822
Dear Sir:
In response to a complaint,your property located at 33440 Weld County Road 55,Gill,Colorado was
investigated on May 19 ,1999, by Stephen J.Wiatrowski. The inspection revealed a mobile home in
use on the property with out a proper sewage disposal system. Also,effluent was being discharged
from a septic tank on to the ground.
Please be advised that the above described situation 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, "
Also be further advised that:
Colorado Revised Statute Section 25-1-613 provides the following:
"The Board of Health shall examine all nuisances,sources of filth, and causes of sickness,
which,,in its opinion, may be injurious to the health of the inhabitants,within its own town,
city or county..., and it shall destroy,remove,or prevent the same as the case may require."
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FL Mil
•
Husker Dairy, Inc.
May 27, 1999
Page 2
Be advised that you have five (5) days from receipt of this notice to correct the aforementioned
violation(s). Failure to comply with the above,shall result in further legal actions as specified in Weld
County Individual Sewage Disposal System Regulations, as follows, in part:
3.24 Penalties
Any person who commits any of the following acts or violates any of the provisions of the
regulations commits a Class I petty offense, as defined in Section 18-1-107, CRS 1973.
A. Constructs, alters, installs, or permits the use of any individual sewage disposal
system,without first having applied for and received a permit as provided for in 25-
10-106, CRS 1973 or 25-10-105 (1) (f), CRS 1973.
If you should have any questions concerning this matter, please contact this office at 353-0635.
Sincerely,
g.,C7r-Z7
Stephen J.Wiatrowski Jeffrey L. Stoll, M.P.H., Director
Environmental Protection Specialist Environmental Protection Services
SJW/rb-0412
cc: John S. Pickle, M.S.E.H., Director,Weld County Health Department
Lee Morrison,Assistant County Attorney
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7,/,.. "ie . S DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17T"AVENUE
GREELEY,COLORADO 80631
jillig ADMINISTRATION(970)304-6410
IPUBLIC HEALTH EDUCATION AND NURSING(970)304-6420
FAX(970)304-6416
0- E NVI RO NM ENTAL H EALTH SERVICES(970)304-6415
• FAX(970)304-6411
COLORADO .
• Weld County Planning Dept. .
JUN .07 1999 •
Certified Letter No.: Z 193 639 723
June 2, 1999 RECEIVED ..
Marshall Brigner
Meridian Dairy, Inc.
33440 Weld County Road 55 .
Gill;Colorado 80624
Dear Mr. Brigner: •
As you are aware, as the result of a complaint, on June 1, 1999, I observed your feedlot located
• at 33440 Weld County Road 55, Weld County. You accompanied me on the facility. The
complaint alleged that the facility was discharging process waste water and manure
contaminated water off-site in violation of the Confined Animal Feeding Operation Control
Regulation ((CAFO Regulations)(5 CCR 1002-19)) and the facility's Use by Special Review
Permit (USR-820). The purpose of the inspection was to assess the facility's compliance with
the CAFO Regulations and the conditions established in the facility's Use by Special Review
Permit. This inspection revealed the following:
Waste water was being discharged from one of the retention ponds located on the
south west portion of the property. Waste water was observed to be flowing out of the
south west corner of this pond. It then flowed south, across a field until it reached the
end of the field. At this point the waste water turned west and flowed into a ditch along
Weld County Road 55. The waste water then flowed south, in the ditch along the
County Road. These conditions were documented by numerous photographs and
samples were collected for analysis. Our Department does acknowledge that while I
was on the site, the discharge was stopped by plugging.the area in the pond that had
• eroded away. .
•Records were not available to demostrate that waste water generated on the site had
been land applied in accordance with the CAFO Regulations.
•Based upon your comments and my observations, the facility's lagoons had not been
dewatered following the late April and early May storms, in accordance with
the CAFO Regulations. This was also substantiated by a lack of records.
The above conditions are violations of the following Sections of the CAFO Regulations:
Sections 81.3, 81.5(A)(5), and 81.4(B). These conditions are also not in compliance with
Development Standards #2, 3, 4, 5, and 6, of USR-820.
Therefore, you have five (5) days from the receipt of this letter to provide our Department the
following:
1' r
Marshall Brigner •
Meridian Dairy, Inc
Certified Letter No.: Z 193 639 723
Page 2 .
1) Any facility records that describe the land application of waste water on the property.
These include,,but are not limited to the volume of waste water applied, the dates of
application, the method used to determine application rate, etc. As indicated above
these records are required by Section 81.5(A)(5) of the CAFO Regulations.
2) Any records of precipitation that has occured at the facility in the last 6 months. These
may be obtained from an on-site gauge, a nearby weather station, or other competent
source.
3) A a written plan of correction. The plan should describe in detail the measures that will
be taken by the facility to prevent additional discharges.
Failure to provide the above information will result the scheduling of a show cause hearing in
front of the Weld County Board of County Commissioners. The Board could consider the
revocation of the facility's Use by Special Review Permit.
As we discussed on June-1,'1999, this facility has a manure and waste water management
plan. If properly managed, this facility was appropriately designed to capture and contain a
significant amount of precipitation as well as process water generated in the milking and
maintenance of the cows and the facility. We also discussed the fact that, in the recent past,
the County has pursued an action against this facility for similar violations. In the event that you
do not have a copy of the facility's manure and waste water management plan or of the County
action, I strongly recommend that you review our files and obtain the appropriate copies.
In addition, we will be discussing this case with the Water Quality Control Division of the
Colorado Department of Public Health and Environment to determine if enforcement action is
warranted.
I anticipate receiving the requested information in the near future. I have included a copy of the
CAFO Regulations for your review. If you have any questions regarding this matter, please do
not hesitate to contact me at (970) 304-6415, extension 2209.
Sink rel CP-0
TrevorJi ek
Supervisor
Environmental Protection Services
tj\1267
cc: John Pickle, Director, Weld County Health Department
Lee Morrison, Weld County Attorney's Office
Derald Lang, Colorado Department of Public Health & Environment •
Julie Chester, Weld County Planning Department
Kent and Cindy Vance, 33020 WCR 55, Gill, CO 80624
Barbara Kirkmeyer, Weld County Commissioner
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