The URL can be used to link to this page

Browse Search

Home My WebLink About991429.tiff ikkr TO: Board of County Commissioners 41.14 FROM: Lee D. Morrison,Assistant Weld County Attorney —TT DATE: October 21, 1998 T RE: Envirot!ehtick 409 RADO The issue has arisen as to whether a commercial Class II injection well(exploration and production waste a/k/a, E&P waste') is subject to the requirement for a Certificate of Designation(CD)pursuant to definitions in the Solid Waste Act, § 30-20-101(6)2 as amended by SB 95-017. Historically,there have been unclear jurisdictional lines between COGCC and CDPHE over E&P wastes and SB 95-017 attempts to address the issue.' It appears that regulations of the COGCC have recognized the authority of the CDPHE to regulate commercial disposal sites for E&P Waste but the terms of the Solid Waste Act did not prior to 1995. Prior to the amendments,Weld County did not require a CD for class II injection wells even if commercial in nature but did require CD's for surface disposal sites, such as 54 Evap n/k/a Northern Colorado Brine. The most recent commercial class II wells were permitted by the County under a Special Review Permit February 10, 1993 and January 12, 1994 to Conquest in conjunction with approval by the Colorado Oil and Gas Conservation Commission(COGCC). Neither the Oil and Gas Conservation Act nor the Solid Waste Act defines commercial facilities but the COGCC regulations have recognized the distinction by defining what is a non-commercial facility or • C.R.S. §34-60-103(4.5)-"Exploration and production waste"means those wastes that are generated during the drilling of and production from oil and gas wells or during primary field operations and that are exempt from regulation as hazardous wastes under subtitle c of the federal"Resource Conservation and Recovery Act of 1976", 42 U.S.C.sec. 6901 to 6934,as amended. 2 C.R.S. § 30-20-101(6)(a)- "Solid waste"means any garbage,refuse,sludge from a waste treatment plant,water supply treatment plant,or air pollution control facility,and other discarded material, including solid,liquid,semisolid,or contained gaseous material resulting from industrial or commercial operations or from community activities. (b) "Solid waste"does not include: (VI)Exploration and production wastes, as defined in section 34-60-103(4.5), C.R.S.,except as such wastes may be deposited at a commercial solid waste facility. 3 Section I of Laws 1995, S.B.95-17, amending par.(6)(b),provides: "Legislative declaration. (1)The general assembly hereby fords that it has granted the Colorado oil and ' gas conservation commission,in article 60 of title 34, Colorado Revised Statutes,comprehensive and plenary jurisdiction over the generation,transportation,storage,treatment,and disposal of exploration and production ram"` wastes, except as to those commercial facilities that accept such wastes,and any construction, site preparation, or reclamation activities associated with oil and gas operations. Therefore,a conforming amendment to the solid wastes disposal sites and facilities laws in article 20 of title 30, Colorado Revised Statutes, is necessary to specify that the commission's jurisdiction is exclusive as to noncommercial exploration and production waste facilities. 991429 "(2)This act shall not be construed to affect existing local government land use authority." Board of County Commissioners, Memo r'1 October 21, 1998 Page 2. centralized facility.' Section 907 authorizes disposal of produced water,drilling fluids and oily wastes at permitted commercial or commercial solid waste facilities. (Not clear a distinction was intended between these terms). Section 324A(e)prohibits accepting produced water or other oil field waste at a commercial disposal facility that does not have a Certificate of Designation. The Solid Waste regulations address impoundments of Class II wastes but lack any specifics that would address injection wells and appurtenant facilities. It appears that the current line of demarcation between CDPHE and COGCC would require review by CDPHE and that is the position taken by the COGCC in a letter of September 29, 1998. CDPHE is of the opinion that such a review should be in the form of a CD as indicated in a letter from Glenn Mallory of October 16, 1998. County staff relied on the past practice of the COGCC in reviewing and approving all Class II injection facilities and did not identify the possible need for a CD early in the process. The CDPHE has historically not pressed the issue of the need for a CD for various waste disposal sites instead relying on the decision of the local governing Board and then functioning in a technical capacity once the CD application is submitted. The Board should consider the need for a CD at the hearing for the Special Review Permit on November 9, 1998. / r riTh Ler D. NCorrison Assistant.Weld County Attorney LDM/db:Memoffnjectwell Attachment pc: Trevor Jiricek Depart. Of Planning Services CDPHE-Mallory Attorney General Sheets Jackie Johnson a § 100 CENTRALIZED E&P WASTE MANAGEMENT FACILITY shall mean a facility, other than a commercial disposal facility,that is: (1)used exclusively by one owner or operator;or(2)used by more than one operator under an operating agreement and which receives for collection,treatment,temporary storage, and/or disposal of produced water,drilling fluids,drill cuttings, completion fluids, and any other exempt E&P wastes that are generated from two or more production units or areas or from a set of commonly owned or operated leases. This definition includes the surface storage and disposal facilities that are present at Class II disposal well sites. This definition also includes oil-field naturally occurring radioactive materials(NORM)related storage, decontamination,treatment,or disposal. 908. CENTRALIZED E&P WASTE MANAGEMENT FACILITIES a.Applicability. Operators may establish non-commercial,centralized E&P waste management facilities for the treatment,disposal,recycling or beneficial reuse of E&P waste.This rule applies only to non-commercial facilities, which means the operator does not represent itself as providing E&P waste management services to third parties, except as part of a unitized area or joint operating agreement or in response to an emergency. Centralized facilities may include components such as land treatment or land application sites,pits and recycling equipment. WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP iT"\ ATTORNEYS AT LAW 622-7TH STREET,SUITE 760 STOW L.WITWER,JR. CHARLES A.KAROWSKY R.SAM OLDENBURG GREELEY, CO 80631 RETIRED JOHN J.BARRY JEFFREY T.BEDINGFIELD (970)352-3161 JACQUELINE JOHNSON FACSIMILE(970)332-3165 !��( PATRICK M.GROOM .a 3 (7 November 6, 1998 .- n -'rn m m �, cn o co 7:3 n 31. o r. ,? -i Board of County Commissioners '4 Weld County, Colorado -a 915 10th Street Greeley, CO 80631 Re: Enviro-Cycle LLC,USR 1198 Dear Commissioners: We represent Enviro-Cycle LLC. in the above referenced Use by Special Review. The purpose of this letter is to set forth the position of the applicant that the County should not require a certificate of designation for the applicant's brine water disposal facility. We have provided a summary of the reasons for this position together with a detailed explanation of the basis for each reason. SUMMARY OF APPLICANT'S POSITION 1. The only waste disposal that will occur at the applicant's facility is the underground disposal of water into an injection well. All other materials received at the site will be removed for disposal and final treatment elsewhere. Accordingly, the only activity for which a certificate of designation could be required is the injection of water. 2. Requiring the applicant to obtain a certificate of designation for this activity would serve no useful purpose. The construction of the injection well is under the jurisdiction of the Colorado Oil and Gas Conservation Commission (COGCC), which has extensive environmental regulations and standards. To the extent they are relevant,the statutory requirements for a certificate of designation have already been met through the conditions and operating standards contained in the Use by Special Review. The COGCC is the state agency with expertise in regulating injection facilities. There is nothing to preclude the State Health Department from allowing the COGCC to oversee the facility just as it currently oversees other similar operations in Weld County. 3. The applicant will suffer a competitive disadvantage if required to obtain a certificate of designation becrni a of the delay it will face in undergoing the lengthy State Health Department WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Board of County Commissioners Page 2 November 6, 1998 review procedures and because of the county's surcharge, which is not required of commercial operators who obtained USR's before the statute was amended. 4. The State Health Department traditionally has relied on the decision of the County Commissioners as to whether a certificate of designation is required. To our knowledge,no other similar commercial class II injection wells have certificates of designation. The County can assure appropriate regulation by requiring the applicant to comply with the COGCC regulations. The following information is provided in support of the above position. PROPOSED OPERATION Enviro-Cycle LLC proposes to operate a facility which will: i) receive exploration and production wastes; ii) separate the solid materials in such waste and deposit them in an approved facility; iii) separate the oil from the remaining fluids, store it in tanks and sell it; and iv) inject the remaining fluid into a well drilled in accordance with the requirements of the COGCC and subject to its regulation. APPLICABLE STATUTORY DEFINITIONS As Assistant County Attorney,Lee Morrison pointed out in his October 21, 1998,memo to you,the Colorado Solid Wastes Disposal Sites and Facilities Act (the "Act") requires a certificate of designation for persons who own or operate a solid wastes disposal site and facility. The Act excludes from its definition of solid waste"exploration and production wastes" except"as such wastes may be deposited at a commercial solid waste facility." C.R.S. §30-20-101(6)(b)(VI). All non-commercial disposal of exploration and production wastes falls within the exclusive jurisdiction of the COGCC. The Act defines a solid wastes disposal site and facility as "the location and facility at which the deposit and final treatment of solid wastes occur." C.R.S. §30-20-101(8). WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Board of County Commissioners Page 3 November 6, 1998 The Act excludes from it definition of solid wastes disposal site and facility those which are operated to process, reclaim or recycle recyclable materials, and it specifically states that such facilities do not require a certificate of designation. C.R.S. §30-20-102(5) The only deposit and final treatment that will occur at the applicant's facility is the injection of the brine water. All other waste will be deposited and finally treated elsewhere. Therefore, if a certificate of designation is required, it should be required only for the injection operation. RELEVANT STATUTORY REQUIREMENTS C.R.S. §30-20-103(1). The Act requires an operator of a solid wastes disposal site and facility to make application to the County Commissioners, setting forth the location,the type of processing, the hours of operation,the method of supervision,the rates to be charged,and such other information as the Commissioners request. i-n C.R.S.30-20-104(11. The Act also sets forth the factors to be considered by the Commissioners. They include: a. The effect on surrounding property; b. The convenience and accessibility to potential users; c. The ability of the applicant to comply with health standards and procedures and State Health Department rules and regulations; d. Recommendations by local health department. C.R.S.30-20-110(11. The Act sets forth minimum standards governing solid wastes disposal sites and facilities as follows: a. Control of obnoxious odors and prevention of rodent and insect breeding and infestation;keeping adequately covered; b. Compliance with laws of health department, water quality control commission and county zoning laws; c. No disposal of radioactive materials; d. Special provisions regarding sanitary landfills; WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP rT Board of County Commissioners Page 4 November 6, 1998 e. Adequate fencing to prevent escape of waste material and debris; f. No burning; g. Waste characterization plan; h. Plan for incorporation of beneficial materials into the soil. Additionally,the Act requires that recycling facilities not needing a certificate of designation must provide an annual report of quantities of materials managed at the site. The Use by Special Review process has addressed all of the applicable factors and standards that are required under the Act for a certificate of designation and it has provided all the notice and hearings necessary to assure due process. In fact, the Weld County staff has imposed conditions and standards which are even more extensive than those imposed on previously approved disposal facilities in Weld County. COGCC REGULATIONS Rule 325. The applicant cannot commence operations for the underground disposal of water without permission of the Director of the COGCC,nor can it commence construction of the well without such permission. The applicant has received permission to drill the well and has a drilling permit. If the USR is approved, the applicant is ready to begin construction of the well and the facility. The COGCC has told the applicant that it will regulate the well,pursuant to Rule 325. A copy of the application for the well is attached hereto. As you can see,the applicant must perform extensive testing and must meet rigorous construction standards to insure that the well will meet all requirements necessary for protection of the environment. Rule 316A. The COGCC requires monthly reports of chemicals used to treat the water, date of initial fluid injection for new wells, and the type and amount of fluids received from transporters. Rule 337. The COGCC requires that all spills and releases of exploration and production wastes exceeding five(5)barrels be reported. Rule 901 et seq. The COGCC also has regulations relating to exploration and production waste management. To our knowledge, the State Health Department has no comparable regulations,nor rT is it likely that it has the necessary staff or expertise to implement regulation of brine disposal. The WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Board of County Commissioners Page 5 November 6, 1998 waste management rules contain a provision permitting the State Health Department to allow oversight by the COGCC. Pursuant to it Rule 325 application, the applicant expected to operate the well pursuant to the COGCC rules and regulations and is willing to do so. We do not believe there is a single commercial facility in the state,having only class II injection wells,which is regulated by the State Health Department. COUNTY AUTHORITY As Mr.Morrison stated in his memo,the legislative declaration amending the Act stated that the Act should not be construed to affect existing local government land use authority. He also noted that historically the State Health Department has relied on the decision of the Commissioners as to whether a certificate of designation is required. The Weld County Comprehensive Plan states that brine water disposal facilities are operated in accordance with permits issued by the Board of Commissioners. It provides for the imposition of conditions on brine waste disposal facilities including the following: a. Requiring compatibility with surrounding land uses; b. Maintaining roadside and perimeter vegetation and setback requirements; c. Requiring access roads minimize traffic impacts on surrounding land uses; d. Requiring adequate access roads and internal roads; e. Requiring security fencing; f. Insuring compliance with federal, state and local environmental standards and regulations; g. Insuring protection of wildlife habitat; and h. Requiring reclamation plan. All of these conditions have been addressed in the USR application process,and operating standards are proposed to insure that these conditions will be met. The applicant expected and is willing to comply with the regulations set forth in the COGCC rule concerning underground water disposal. WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Board of County Commissioners Page 6 November 6, 1998 Those rules permit the State Health Department to allow oversight by the COGCC, and it seems infinitely more practical to condition the USR upon compliance with those rules than to require a new and lengthy application for a certificate of designation, particularly when the State Health Department has no expertise or experience in regulating underground disposal of water. In addition to the economic burden such a delay would impose on the applicant,there would also be an unfair economic effect resulting from requiring the applicant,but not other commercial facilities,to pay the County surcharge imposed on solid wastes disposal sites and facilities. CONCLUSION The purpose of the Act is to ensure proper disposal of solid wastes. The solid waste at issue in this application is brine water. The COGCC is the state agency having the expertise to regulate underground disposal of brine water. All of the applicable disposal standards for a certificate of designation which are identified in the Act have already been addressed through the USR application process. To require the applicant to also apply for a certificate of designation will impose unnecessary delay and result in an unfair economic advantage to competitors who operate essentially the same kind of facilities without having to pay the County surcharge. The purpose of the Act is best met by simply requiring the applicant to comply with the COGCC regulations for underground disposal. Thank you for your thoughtful attention to this matter. We look forward to discussing the USR application with you on November 9t. Yours very truly, WITWER, OLDENBURG, BARRY&BEDINGFIELD, LLP ,iwa)cnrv.�. Jacqueline Johnson vle Enclosure pc: Lee Morrison Scott Ballstadt Trevor Jiricek SEP-14-98 NON 11:44 All GORSUCH KIRGIS LLP FAX NO. 3033765001 P. 02 GORSUCH KIRGIS LLP .• Arro wlrs At Law Towit 1.Sum 1000 I ists ARAPAHOE SIRUP I DErrvst, COLOMOO 60202 ; Teurnosr(303)37E-3000 : Mourns(303)376•3001 ^� WILLWN A. KEEFE Dotter DIAL(303)376-5017 I is wkeek su mpgoreh.co i VIA HAND DELIVERY 0August 24, 1998 © a zp c3 Colorado Oil and Gas Conservation Commission m co. The Chancery Building o x ie oc 1120 Lincoln Street, Suite 801 7° Denver, Colorado 80203 a'` xt W rn tV Attn: David Dillon Re: Emiro Cycle, LLC Application for Class II Disposal Permit Ladies and Gentlemen: Please find enclosed two copies of an application by Enviro Cycle, LLC for a Class II Disposal Permit for its planned disposal well to be drilled in Weld County, Colorado. Also attached is a check in the amount of$200. We believe the application to be complete and, concurrent with the filing of this application, have given notice of the application to interested parties. An affidavit that notice was given and a copy of the notice itself are included with the application. Please give me a call if there are any questions concerning the application. Very truly yours, GORSUCH KIRGIS LLP / � -- William A. Keefe WAK:prh Attachments cc: Howard C. Boatright, w/att. SEP-14-98 MON 11 :44 All GORSUCH KIRGIS LLP FAX NO. 3033765001 P. 03 ENVIRO-CYCLE LLC APPLICATION FOR A CLASS II DISPOSAL PERMIT Enviro-Cycle LLC proposes to permit the well as a Class II Injection well for the purpose of infecting water from producing oil and gas wells in the surrounding area. These oil and gas wells produce from the: Parknnan, Sussex, Shannon, Niobrara, Codell, I Sand and Dakota intervals. The information, as required under Rule 325 of the Colorado Oil and Gas Conservation Commission Regulations to classify the well as a Class II injection well, is presented in the body of this application. The well will be drilled 660 feet FWL and 620 feet FNL of Section 32, T4N, R65W, Weld County, Colorado. Injection will be made into the Lyon sandstone which is non-productive in the area. All other potential producing formations will be protected by cementing the wellbore from total depth to surface. RULE 325. UNDERGROUND DISPOSAL OF WATER (1) The name, description and depth of the formation into which water is to be injected, and all underground sources of drinking water which may be affected by the proposed operation. A water analysis of the injection formation (if the total dissolved solids of the injection formation is determined to less than ten thousand(10,000)milligrams per liter, the aquifer must be exempted in accordance with Rule 324B). The fracture pressure or fracture gradient of the injection formation. The Lyons sandstone will be the injection zone. This sandstone is a massive pink cross-bedded sand of Permian age consisting of fine to medium grains. Available well control indicates an avenge thickness of 100 feet. The estimated depth to the top of the Lyons sandstone is approximately 9,770 feet. A water sample will be recovered from the Lyons sand in the injection well, once drilled, and analyzed to verify that the total dissolved solids are greater than 10,000 milligrams per liter. The fracture pressure will bo determined by a step-rata injectivity test conducted after the Lyons sandstone is perforated and broken down with 2500 gallons of 15% hydrochloric acid. The fracture gradient is estimated to be 0.7 psi per foot based on other wells in the area. (l) A base plat covering the area within 1/4 mile of the proposed disposal well showing location of the proposed disposal well and the location of all oil and gas wells, domestic and irrigation wells of public record and the identification of all oil and gas wells currently producing from the proposed injection zone within 1/2 mile of the disposal zone. The names, addresses and holdings of all surface and mineral owners as defined in C.R.S. 34-60-103(7), within one-quarter(1/4) mile of the proposed disposal well or wells. These owners shall be specifically outlined and identified on the base plat. A list of all domestic and irrigation WAiL1556151290130.02 SEP-14-98 MON 11 :45 AN GORSUCH KIRGIS LLP FAX NO. 3033765001 P. 04 wells of public record, within one-quarter(1/4) miles of the proposal disposal well including their location and depth. (This information may be obtained at the Colorado Division of Water Resources.) Remedial action shall be required for any well within one-quarter(1/4) mile of the proposed disposal well in which the injection zone is not adequately confined. The applicant shall include information regarding the need for remedial action on any well(s)penetrating the injection zone within one-quarter (1/4)mile from the proposed disposal well, which applicant may or may not operate and a plan for the performance of any such remedial work. A copy of all plans and specifications for the system and its appurtenances. Exhibit A is a base plat showing the above required well information. Exhibit B is a base plat showing the above required owner information. Please note that, due to the number of owners involved, the operator only was listed on the exhibit. Exhibit 13-1 gives the names and addresses of all owners required to be identified. Exhibit C is a base plat showing domestic and irrigation wells with 14 mile of the proposed disposal well. The Lyons sandstone interval is not penetrated by any wells within a one mile radius and therefore no remedial action is required or possible. The closest wells which have penetrated the Lyons sandstone are located in NE/4 SW/4 of Section 5, T3N, R65W. (3) A resistivity Iog, run from the bottom of the surface casing to total depth of the disposal well or wells or any well within one (1)mile together with a log from that well that can be correlated with the injection well. If the disposal well is to be drilled, a description of the typical stratigraphic level of the disposal formation in the disposal well or wells, and any other available logging or testing data, on the disposal well, Exhibit D shows a resistivity electric log from a well drilled to the Lyons sandstone located in 1790 FSL& 1980 FWL Section 5 T3N R65W. The well will be drilled to an estimated total depth of 10,000 feet. The suite of open hole logs to be run in the well and the depths covered are as follows: ELECTRIC LOG DEPTH INTERVAL Phasor induction 500' —TD Litho density 500' -_TD Gamma Ray 500' -TD Comp. Neutron 500' _TD WM116181290130.02 2 SEP-14-98 MON 11 :45 AN GORSUCH KIRGIS LLP FAX NO. 3033765001 P. 05 (4) A full description of the casing in the disposal well or wells. This shall include any information available on any remedial cement work performed to any casing string. This shall also include a schematic drawing showing all casing strings with cement volumes and tops, existing or as proposed, plug back total depth, depth of any existing open or squeezed perforations, setting depths of any bridge plugs existing or proposed, planned perforations in the injection zone, tubing and packer size and setting depth. A diagram of the surface facility showing all pipelines and tanks associated with the system. A listing of all leases connected directly by pipelines to the system. Exhibits E-I through E-6 are schematic drawings of the proposal casing and tubing program and the proposed cementing program. A job schematic, borehole and cement calculations and proposed job description and procedure are included. Exhibit F is a diagram of the surface facility which shows the piping and water tanks. (5) A listing of all sources of water, by lease and well, to be injected shall be submitted on a Source of Produce Water for Disposal, Form 26. The source of the water to be injected in the well will be wells operated by various operators in Weld County. primarilys oilo and gas the Sussex, Niobrara, Codell, J Sand and Dakota i r� wells produce from Exhibitsas G-1 and G-2 are two well fluid analyses fort Attachedw wells area, one for the J Sand and one for the CodeWNiobrarau representative wells in the The lease information for each well whose water is injected will be forwarded to the OIl and Gas Commission as required on a monthly basis. It should be noted that flowback fluids from hydraulic fracture treatments also are to be injected into the disposal formation. Samples of individual service company fluids will also be analyzed. All fluids to be injected will be filtered and treated with bactericide. Any oil residue present in the water will be separated using a free-water knockout and a 6' x 26' horizontal heater treater. (5) Any proposed stimulation program. The Lyons sandstone will be treated with approximately 2500 gallons of hydrochloric acid with corrosion inhibitor and surfactant for the initial breakdown. The treatment would be pumped down tubing with a packer. WAmss6im290130.0_+ 3 SEP-14-98 MON 11 :46 AM GORSUCH KIRGIS LLP FAX NO. 3033765001 P. 06 It may be necessary for periodic acid treatments to clean up any plugging of the perforations from scale build-up. (6) The estimated minimum and maximum amount of water to be injected daily with anticipated injection pressures. Maximum injection pressure will be set by the Director upon approval. The estimated depths to the important stratigraphic levels in the proposed well as well as the Lyons sandstone (disposal formation) are as follows: SUSSEX SANDSTONE 4508 (+392) NIOBRARA 7033 (-2133) CObELL 7328 (-2428) I SAND 7765 (-2865) DAKOTA 7983 (-3083) MORRISON 8114 (-3214) ENTRADA RADA 8378 (-3478) LYONS SS 9060 WOLPCAMp1AN 9393 (4493) [4900 F f. USED AS KB ELEVATION] It is estimated that the minimum and maximum amount of water injected daily to be 500 barrels and 4,000 barrels, respectively. The pressures are 900 psi @ 2.5 BPM and 1400 i 2.�"�� injectionPs � BPM. It is estimated that the fracture gradient for the Lyons sandstone to be 0.7 psi per foot. The fracture pressure will be determined for the well by conducting a step-rate injectivity test in the Lyons sandstone unless the formation goes on a vacuum alter the initial breakdown. In that case, the maximum surface injection pressure will be set by estimating the fracture gradient in the proposed well. (7) The names and addresses of those persons notified by the applicant, asrequired by paragraph g. of this rule. �' See Exhibit B-I. /'• wucu561en90130.02 4 STATE OF COLOF ADO Roy Romer,,Governor Patti Shwayder,Executive Director efOa;_," Dedicated to protecting and improving the health and environment of the people of Colorado777 HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION �_ "x��:� i http://www.cdphe.state.co.us/hm/ t Wil jL�C,iSR 715—.) • 7 w 4300 Cherry Creek Dr.S. 222 S.6th Street,Room 232 rl � 1t1 Denver,Colorado 80246-1 5 3 0 Grand Junction,Colorado 81 5 01-2 768 Colorado Dent Phone(303)692-3300 Phone(970)248-7164 OCT2 2 of Public HealthFax(303)759-5355 Fax(970)248-7198 OCT 'qw • October 16, 1998 and Environment Robin Reade Colorado Oil & Gas Conservation Commission 1120 Lincoln St., Suite 801 Denver, CO 80203 Re: Envirocycle Underground Injection Well Dear Robin: In light of our telephone conversation and your subsequent letter dated September 28, 1998,I have reviewed our statute and consulted with our Assistant Attorney General concerning the topic of the commercial injection well project. It is clear that the surface features of the project that would contain and control the waste materials prior to their injection are subject to the Solid Waste Act. In coming under the Act a certificate of designation would be required from the local governing body having jurisdiction, Weld County in this instance. I would like to r ive a status update on the progress of your agency's actions for our file. You may contact me 303/692-3445 if you have questions in regard to this matter. �CcE' 0 ' ..r . Mall olid Waste Unit Leader ("compliance Program . cc L. Morrison, Weld County T. Jiricek, WCHD M. Sheets,AGO H. Boatright, owner 1995 t-i-mmRN\ yak,:- .12) "4......mwo0/ SENATE BILL 95-017 BY SENATORS Ament and Tebedo; eel 'legri I also REPRESENTATIVE Anderson. ' OCT inwW WELD CO HLkL CONCERNING THE GRANTING OF EXCLUSIVE JURISDICTION TO THE COLORADO OIL AND: GAS CONSERVATION COMMISSION TO MANAGE OIL AND GAS WASTES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby finds that it has granted the Colorado oil and gas conservation commission, in article 60 of title 34, Colorado Revised Statutes, comprehensive and plenary jurisdiction over the generation, transportation, storage, treatment, and disposal of exploration and production wastes, except as to those commercial facilities that accept such wastes, and any construction, site preparation, or reclamation activities associated with oil -and gas operations. Therefore, a conforming amendment to the solid wastes disposal sites and facilities laws in article 20 of title 30, Colorado Revised Statutes, is necessary to specify that the commission's jurisdiction is exclusive as to noncommercial exploration and production waste facilities. (2) This act shall not be construed to affect existing local government land use authority. SECTION 2. 30-20-101 (6) , Colorado Revised Statutes, 1986 Repl . Vol . , is amended to read: 30-20-101. Definitions. As used in this part 1, unless the context otherwise requires: (6) (a) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material , Capital letters indicate new material added to existing statutes; dashes through words including solid, liquid, semisolid, or contained gaseous material resulting from industrial - or commercial operations or from community activities. (b) "Solid waste" does not include; (I) Any solid or dissolved materials in domestic sewage; (II) Agricultural wastes; e+, (III) Solid or dissolved materials in irrigation return flows; e (IV) Industrial discharges which are point sources subject to permits under the provisions of the "Colorado Water Quality Control Act", article 8 of title 25, C.R.S. ; of (V) Materials handled at facilities licensed pursuant to the provisions on radiation control in article 11 of title 25, C.R.S. ; OR (VI) EXPLORATION. AND PRODUCTION WASTES, AS DEFINED IN SECTION 34-60-103 (4.5), C.R.S. , EXCEPT AS SUCH WASTES MAY BE DEPOSITED AT A COMMERCIAL SOLID WASTE FACILITY. • PAGE 2-SENATE BILL 95-17 SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Tom Norton a - es- arty PRESIDENT OF r SPEAK OF T USE THE SENATE ( `� OF EPRESE TATIVES �Y! .GIE�.i p� oan M. Aibi l d Judith N. odr ue SECRETARY OF U CHIEF CLERK OF THE H USE THE SENATE OF REPRESENTATIVES APPROVED atked31 f9f-rn: $ a fits Roy o COVER OF THE STATE OF COLORADO rrN PAGE 3-SENATE BILL 95-17 USR-1198;11-18-98 �4A p, s 1 ., g� ACRE :. �N at t� i yT4� M : �7r. . 4, i ty,.04 a:k v,"' t .n....� °"4^ t,A, ,,, ^R �y pw� p�� 4 Qf��' " - ` ' IL EIEHELDA'T915► - i. * ; "' e • ! a '.' � E * ' ; , .,U TY ' 1.1; PLANNING� L0 co' " 2 . ` • i .T•{d �fi ; � VI E74' i �. s 1 g 4 g #'i. ,. ; to-• �.tr y • T1y b, 44, \ \ c t .:' j '' �k -kJ1 �,o}. 4# NF . + Sll M .. EXHIBIT K use //c) WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L. WITWER.JR. CHARLES A. KAROWSKY R. SAM OLDENBURG GREELEY. CO 80631 RETIRED JOHN J. BARRY JEFFREY T. BEDINGFIELD (9701 352-3161 JACQUELINE JOHNSON FACSIMILE(970)352-3165 PATRICK M. GROOM December 1, 1998 Roger Doak, Geologist Solid Waste Unit, Compliance Program Colorado Department of Public Health and Environment 4300 Cherry Creek Dr. S. Denver, CO 80246-1530 Re: Enviro-Cycle LLC Application for Certificate of Designation Dear Mr. Doak: This letter is in response to your inquiry of November 18, 1998, seeking clarification and additional information regarding the above referenced application. 1. Pursuant to Section 1.8.4 of the Regulations, the owner or operator of each new solid waste disposal site and facility shall establish financial assurance for that facility sixty (60) days prior to initial receipt of waste. A detailed written estimate of the cost of hiring a third party to close the facility must be submitted to Weld county and the Division for review and approval. The applicant estimates that the cost to plug the well will be $9,500.00. The cost to remove the equipment should not exceed$7,500.00. 2. Drawing P-1 shows several areas where brine water will be transported through underground piping. If a leak were to occur in the underground piping network, how would the leak be detected. The system maintains a pump pressure of 20 PSI from the sand trap to the brine water storage tank area. This pressure will be monitored several times each day. A drop in pressure would indicate a leak in the underground piping network. 3. Drawing P-1 must be modified to show a four(4)foot wide trough, not the current two (2)foot design. A copy of the modified drawing is submitted herewith as Exhibit A and has also been submitted to the Weld County Planning Department as an amendment to the application. 4 EXHIBIT use iitq$ WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Roger Doak, Geologist Page 2 December 1, 1998 4. Provide a detailed description of the facility's operation procedures,from the point a tanker truck enters the facility to where the brine water is injected into the welL The discussion must include at a minimum: off loading practices,flow path of the brine water, a description of the equipment and any chemicals used in the process. Trucks will enter through a gate on the south side of WCR 40 east of WCR 39. The truck driver will stop at the office and fill out a delivery ticket. The driver will be required to identify the type of fluid,the origin of the fluid,the generator of the fluid and the amount of fluid being delivered. The driver will keep a copy, and the site manager will retain two copies. The driver will proceed to the dump area,and will drive west across the concrete slab until the tank outlet is directly over the drain trough. The truck driver will attach grounding cables to the truck to prevent static electricity. In the presence of the operator or his designated employee,the truck driver will open the valves of the truck and off-load the fluid. The operator will visually inspect the fluid. When the truck is empty, it will proceed across the concrete slab and then north to WCR 40, where it will continue its journey. The fluid from the truck will flow by gravity into the adjacent sand trap. As it enters the sand trap, it will be treated with a biocide, Onyxide 200. A description of the chemical has previously been provided with the application materials. The fluid will then pass through a three compartment sand trap which will allow a sufficient amount of retention time to permit the sand and fines to fall out of the fluid. The sand trap will be equipped with a fluid level control and an alarm system to prevent it from overflowing. The sand trap will be covered with a mesh covering to prevent wild life from intruding. After the fluid passes through the sand trap, it will be pumped through a filter to remove any remaining solid material. The fluid will be pumped to a heater where it will be heated to 130° F. to 160° F. It will then be pumped to a free water knockout unit. At this time the fluid will have a sufficient amount of retention time to allow the hydro-carbons to be separated from the water. The hydro-carbons will be pumped to a tank battery for storage until they can be sold on the regular crude-oil market. The brine water will be pumped to a tank battery for temporary storage. From the battery, it will be pumped by a triplex pump and injected into the injection well. As the water is pumped from the tank battery into the injection well, it will be treated with a surfactant chemical and a corrosion inhibitor by the use of chemical pumps. A description WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Roger Doak, Geologist Page 3 December 1, 1998 of these chemicals is attached hereto as Exhibit B. The tank battery is equipped with fluid level controls and an alarm system to prevent overflows and spills. The entire cycle is completed in ten to eighteen hours. 5. Provide a design cross section with construction specifications for the underdrain. It is not clear where the discharge point for the underdrain is located and how fluids collected will be removed Also, monitoring procedures for the underdrain must be provided n imp Slab Tn4r .', The underdrain beneath the trough of the dump slab will be four inches overall diameter PVC pipe,perforated with six one-half inch holes per foot. The pipe will be gravel packed to insure drainage. The pipe will be plugged on the south end and will have a 2% slope to the north end, passing to the outside of the north end of the dump slab by four feet. At this point,the underdrain will be a four inch PVC riser, two feet above the ground. The riser will have a cap on it that can be locked. The riser will have a two foot sump below the underdrain. The sump will not be perforated. If any fluid is present, it will be removed with a line and bailer. (See Exhibit C). Slat Trap Underdrain. The underdrain beneath the sand trap will be four inch overall diameter PVC pipe,perforated with six one-half inch holes per foot of pipe. The pipe will be gravel packed to insure drainage. The underdrain will be capped on the north end and will have a 2% slope to the south which will end four feet south of the end of the sand trap. At this point, the underdrain will have a four inch overall diameter PVC riser two feet above ground level. The riser will have a cap that can be locked. The riser will have a two foot sump below the underdrain. The sump will not be perforated. If any fluid is present, it will be removed with a line and bailer. (See Exhibit D). The bailing operation will be done weekly on each of the underdrains. The results will be recorded in a permanent log book which will be kept on the premises at all times. If at any time fluid appears in either of the underdrains, the operations will be stopped and the proper authorities will be notified. 6. The Application states that periodically sediment will be removed from the sandtrap. What is the anticipated time period the sediment will be stockpiled on the concrete pad? Will nuisance conditions be a concern during the time the sediments are stored on the pad? The sediment from the sandtrap will be removed periodically as it builds up in the sand trap and will be stored on a 30'x60' concrete pad adjacent to and east of the sandtrap. The pad will have four foot walls on the north, east and west side. The sediment will be WITWER, OLDENBURG, BARRY ,Sc BEDINGFIELD, LLP Roger Doak, Geologist Page 4 December I, 1998 removed weekly or more frequently if needed. No nuisance conditions are anticipated as a result of storing this material. 7. Provide procedures which will be used to detect and prevent the disposal of non- Class II wastes. As described above,the truckers will be required to certify the nature of the waste at the time they enter the facility. In addition, the waste will be visually observed at the time of its disposal. 8. All spills that occur must be immediately contained, controlled and not released to the environment. This concern is addressed in the design standards and conditions imposed by Weld County. 9. The surface structures at this proposed facility have the potential to cause environmental impact Accordingly,geologic and hydrologic data must be provided Specifically, information on the types of consolidated and unconsolidated geologic materials at the site, and the depth to the uppermost aquifer must be provided Published geologic and/or hydrologic reports may be used to characterize the subsurface in the vicinity of the proposed facility. Also, well completion data is available from the state Engineer's Office which would provide local information such as well depth, aquifer, use and pumps rates. The applicant has contracted with Goolsby Brothers and Associates, Inc. to provide this information, and it will be submitted as soon as it is received. We believe we have fully responded to all the concerns raised in your letter, and we look forward to your favorable recommendation to the Weld County Board of Commissioners. Yours very truly, WITWER, OLDENBURG, BARRY& BEDINGFIELD, LLP Jacqueline Johnson vle �E closure 1_4 : Weld County Department of Planning Services w/enci. TWIN-KEM INTERNATIONAL, INC. PRODUCT BULLETIN ANTIMICROBIALS PRODUCT BIO-NIX 500 NAME EPA Status Reg. No . 10352-30-66239 Est. No. 66239-003 Chemical BIO-NIX 500 Antimicrobials are synergistic blends of glutaraldehyde and quaternary ammonium compounds that are effective against many different types of micro- organisms encountered in oil field operations, including sulfate-reducing bacteria and bacterial slime formers . Product Active Ingredient: 14 . 0% Profile Glutaraldehyde Dimethyl benzyl ammonium chloride . 2 . 5% Inert Ingredients 83 .5% Typical Specific Gravity at 20/20 ' C 1 035 Properties Vapor Pressure at 20 ' C 15 mm Hg Freezing Point -3 . 1 ' C Solubility in Water at 20 ' C complete Solubility of water at 20 ' C complete Typical The ease of handling and high potency of Applications BIO-NIX 500 Antimicrobials facilitate their use for establishing and maintaining a bacterially-controlled environment in the following oil field applications: * Water flood injection water * Drilling, completion, and workover fluids * Fracturing fluids *Packer fluids * Treatment of produced water Directions Drilling Muds For Use BIO-NIX 500 Antimicrobial should be added to a drilling fluid system at a point of uniform mixing, such as the circulating mud tank. Initial Treatment : add 150-3000ppm BIO-NIX 500 Antimicrobial (0 . 6-12 . 2 gal BIO-NIX 500 per 100 barrels of fluid) to a freshly prepared drilling fluid, depending on the severity of the contamination. Maintenance Dosage: As the total volume of the system increases due to increased well depths, maintain 150-3000 ppm BIO-NIB 500 level by adding 0 . 6-12 .2 gal of BIO-NIB 500 per 100 barrels of additional fluid, or as needed, depending on the severity of the contamination. Completion and Workover Fluids BIO-NIB 500 Antimicrobial should be added to a completion and workover fluid at a point of uniform mixing, such as the circulating tank. Add 150-3000 ppm BIO-NIB 500 (0 . 6-12 .2 gal BIO-NIB 500 per 100 barrels of freshly prepared fluid, depending on the severity of the contamination. Circulate the workover fluid system until the fluid returns clear, shut the system down and idle for several hours . Remove workover fluid. The well should be ready for productive use. Packer Fluids BIO-NIB 500 Antimicrobial should be added to a packer fluid at a point of uniform mixing, such as a circulating holding tank. Add 150- 1800 ppm BIO-NIB 500 Antimicrobial (0 . 6-7. 3 gal BIO-NIB 500 per 100 barrels fluid) to a freshly prepared fluid, depending on the severity of the contamination. Seal the treated packer fluid in the wall between the casing and the production tube. Biocidal Aerobic and Sulfate-Reducing Bacteria: In Efficacy Laboratory studies utilizing a field isolate containing both aerobic and anaerobic bacteria, BIO-NIB 500 provided complete kill of all bacteria within 2 hours when applied at 50 ppm. Under these same conditions, the total aerobic bacterial population was reduced to less than 100 CFU/ml (a 5 log reduction) within 2 hours when applied at 100 pp. Toxicity This Antimicrobial is toxic to fish. Avoid discharge to natural waters . The hazards of ,J r this material are due mainly to its severely irritant properties on skin and mucosal surfaces . Causes irreparable eye damage. Registration All products used which are sold and claimed to be bacteriostatic, germicidal, algercidal or to kill or inhibit organisms in any way are required to be registered with the Environmental Protection Agency. Additional A Material Safety Data Sheet is available on Safety request . Information Nothing contained herein`rants ur extends a licence,eeprese Iolunuuilun contained hoe in. $he nuoufacturer shell not be or lnsptled,in connection with patents,Issued ur pending.of liable (.egertness ui lsult) to the rendee's entphgees.nr the manufsaturer or others. The Iafunnation contained herein anyone fur any direct, special ur consequential denieges is based un the manufacturers own study and the works of arising cut of or In connection with the y. others. The msuufacturor makes ne warranties,expressed of cuntpleteness, adequacy us furnishing of such Information. Implied,es to the accuracy,completeness,of adequacy of the TWIN-KEM INTERNATIONAL, INC. 4220 SO. ALLISON STREET LAKEWOOD, CO 80235 TEL: (303) 986-6440 FAX: (303) 988-8202 MSDS: 001-94 TWIN-KEM INTERNATIONAL, INC. PAGE: 01 MATERIAL SAFETY DATA SHEET EFFECTIVE DATE: 04/12/94 Mr. Howard Boatright Enviro-Cycle Evans, CO ************************************************************* EMERGENCY ASSISTANCE FOR EMERGENCY ASSISTANCE INVOLVING CHEMICALS CALL: CHEMTREC (800-424-9300) ****** ****************** * ** * ******* * ***** *** * * **** *********** PRODUCT AND SALES INFORMATION TWIN-KEM INTERNATIONAL., INC. 4220 S . ALLISON STREET, LAKEWOOD PHONE: ( 303 ) 986-6440 FAX: ( 303) 988-8202 ************************************************************* * SECTION I : GENERAL INFORMATION PRODUCT IDENTIFICATION PRODUCT NAME: SCALE-NIX 160 CAS NO. : 7320-34-5 !". COMMON NAMES SYNONYMS: MIXTURE VARIOUS PHOSPHATES - SOLUTION VARIOUS CHELATING SALTS - SOLUTION FORMULA: MIXTURE HAZARD RATING (NFPA 704 CRITERIA) HEALTH: 0/1 HAZARD RATING SCALE: FIRE: 0 0=MINIMAL 3=SEVERE REACTIVITY: 0 1=SLIGHT 4=SERIOUS SPECIAL: NONE 2=MODERATE HAZARDOUS INGREDIENTS EXPOSURE LIMITS: PPM OSHA ACGIH OTHER COMPONENT CAS NO: B PEL TLV LIMIT HAZARD PHOSPHATES 320-34-5 56 NONE NONE NONE NONE CHELATING AGENTS MIXTURE 7 NONE NONE NONE NONE WATER 7732-18-5 37 PHYSICAL PROPERTIES BOILING POINT: DEG F: >230 VAPOR PRESSURE: MM HG/20 DEG C:N/D MELTING POINT: DEG F: -58 VAPOR DENSITY (AIR=1) : N/D MSDS NO: 002-93 TWIN-KEM INTERNATIONAL, INC. PAGE: 02 MATERIAL SAFETY DATA SHEET PRODUCT: SCALE-NIX 160 SPECIFIC GRAVITY (WATER-1 ) : 1 .74 . WATER SOLUBILITY: % : SOLUBLE APPEARANCE AND ODOR: EVAPORATION RATE (BUTYL ACETATE=1) N/D NO ODOR - SLIGHTLY CLEAR VISCOUS LIQUID - SLIGHTLY AMBER FIRST AID MEASURES IF INHALED: REMOVE TO FRESH AIR. GIVE ARTIFICIAL RESPIRATION IF NOT BREATHING. GET IMMEDIATE MEDICAL ATTENTION. IN CASE OF EYE CONTACT: IMMEDIATELY FLUSH WITH LOTS OF RUNNING WATER FOR 15 MINUTES, LIFTING THE UPPER AND LOWER EYELIDS OCCASIONALLY. GET IMMEDIATE MEDICAL ATTENTION. IF SWALLOWED: DO NOT INDUCE VOMITING . GET IMMEDIATE MEDICAL ATTENTION. HEALTH HAZARD INFORMATION PRIMARY ROUTES OF EXPOSURE: SKIN OR EYE CONTACT r'N SIGNS AND SYMPTOMS OF EXPOSURE: INHALATION: BREATHING MIST MAY IRRITATE THE NOSE AND THROAT AND CAUSE COUGHING AND CHEST DISCOMFORT. EYE CONTACT: DUSTS MAY IRRITATE THE EYES SKIN CONTACT: NO IRRITATION IS LIKELY AFTER BRIEF CONTACT BUT MAY BE IRRITATING AFTER PROLONGED CONTACT. SWALLOWED: SWALLOWED LARGE QUANTITIES MAY CAUSE NAUSEA AND VOMITING. CHRONIC EFFECTS OF EXPOSURE: NO SPECIFIC INFORMATION AVAILABLE. MEDICAL CONDITIONS GENERALLY AGGRAVATED BY EXPOSURE: NONE REPORTED. TOXICITY DATA ORAL: ANHYDROUS: RAT LD50 = 2980 MG/KG DERMAL: ANHYDROUS: RABBIT LD50 > 7940 MG/KG INHALATION: NO DATA FOUND MSDS: 003-93 TWIN-REM INTERNATIONAL, INC. PAGE: 03 MATERIAL SAFETY DATA SHEET PRODUCT: SCALE-NIX 160 CARCINOGENICITY: THIS MATERIAL IS NOT CONSIDERED TO BE A CARCINOGEN BY THE NATIONAL TOXICITY PROGRAM, THE INTERNATIONAL AGENCY FOR RESEARCH ON CANCER, OR THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. OTHER DATA: NONE. PERSONAL PROTECTION VENTILATION: GENERAL ROOM VENTILATION. RESPIRATORY PROTECTION: A RESPIRATOR IS NORMALLY NOT REQUIRED IF THIS PRODUCT IS USED WITH ADEQUATE VENTILATION. EYE PROTECTION: CHEMICAL GOGGLES. IT IS GENERALLY RECOGNIZED THAT CONTACT LENSES SHOULD NOT BE WORN WHEN WORKING WITH CHEMICALS BECAUSE CONTACT LENSES MAY CONTRIBUTE TO THE SEVERITY OF AN EYE INJURY. PROTECTIVE CLOTHING: LONG SLEEVED SHIRT, TROUSERS, SAFETY SHOES AND GLOVES. OTHER PROTECTIVE MEASURES: AN EYEWASH AND SAFETY SHOWER SHOULD BE NEARBY AND READY FOR USE. FIRE AND EXPLOSION INFORMATION FLASH POINT: DEG F: NON-COMBUSTIBLE. METHOD USED: N/A FLAMMABLE LIMITS IN AIR: % LOWER: N/A. UPPER: N/A EXTINGUISHING MEDIA: THIS MATERIAL IS NOT COMBUSTIBLE. USE EXTINGUISHING MEDIAS APPROPRIATE FOR SURROUNDING FIRE. SPECIAL FIRE FIGHTING PROCEDURES: NONE. UNUSUAL FIRE AND EXPLOSION HAZARDS: NONE HAZARDOUS REACTIVITY STABILITY: STABLE POLYMERIZATION: WILL NOT OCCUR CONDITIONS TO AVOID: NONE MATERIALS TO AVOID: STRONG ACIDS HAZARDOUS DECOMPOSITION PRODUCTS : NONE SPILL, LEAR AND DISPOSAL PROCEDURES ACTION TO TAKE FOR SPILLS OR LEAKS: WEAR PROTECTIVE EQUIPMENT INCLUDING RUBBER BOOTS, RUBBER GLOVES, RUBBER APRON AND A MSDS NO: 002-93 TWIN-REM INTERNATIONAL, INC. PAGE: 04 MATERIAL SAFETY DATA SHEET PRODUCT: SCALE-NIX 160 SELF-CONTAINED BREATHING APPARATUS IN THE PRESSURE DEMAND MODE OR A SUPPLIED-AIR RESPIRATOR. IF THE SPILL OR LEAK IS SMALL, A FULL FACEPEICE AIR-PURIFYING CARTRIDGE RESPIRATOR EQUIPPED FOR ORGANIC VAPORS MAY BE SATISFACTORY. IN ANY EVENT, ALWAYS WEAR EYE PROTECTION. EXTINGUISH ALL IGNITION SOURCES. FOR SMALL SPILLS OR DRIPS, MOP OR WIPE UP AND DISPOSE OF IN DOT-APPROVED WASTE CONTAINERS. FOR LARGE SPILLS, CONTAIN BY DIKING WITH SOIL OR OTHER NON-COMBUSTIBLE SORBENT MATERIAL AND THEN PUMP INTO DOT-APPROVED WASTE CONTAINERS; OR ABSORB WITH NON-COMBUSTIBLE SORBENT MATERIAL AND PLACE RESIDUE IN DOT-APPROVED CONTAINERS . KEEP OUT OF SEWERS, STORM DRAINS, SURFACE WATERS AND SOIL. COMPLY WITH ALL APPLICABLE GOVERNMENTAL REGULATIONS ON SPILL REPORTING, AND HANDLING AND DISPOSAL OF WASTE. DISPOSAL METHODS: DISPOSE OF CONTAMINATED PRODUCT AND MATERIALS USED IN CLEANING UP SPILLS OR LEAKS IN A MANNER APPROVED FOR THIS MATERIAL. CONSULT APPROPRIATE FEDERAL, STATE, AND LOCAL REGULATORY AGENCIES TO ASCERTAIN PROPER DISPOSAL PROCEDURES. NOTE: EMPTY CONTAINERS CAN HAVE RESIDUES, GASES AND MISTS AND ARE SUBJECT TO PROPER WASTE DISPOSAL, AS ABOVE . SPECIAL PRECAUTIONS STORAGE AND HANDLING PRECAUTIONS : STORE IN A DRY, WELL- VENTILATED PLACE AWAY FROM COMBUSTIBLE MATERIALS . KEEP CONTAINER TIGHTLY CLOSED WHEN NOT IN USE. DO NOT USE PRESSURE TO EMPTY CONTAINER. WASH THOROUGHLY AFTER HANDLING. DO NOT GET IN EYES, ON SKIN, OR ON CLOTHING. REPAIR AND MAINTENANCE PRECAUTIONS : NONE. OTHER PRECAUTIONS: CONTAINERS, EVEN THOSE THAT HAVE BEEN EMPTIED, WILL RETAIN PRODUCT RESIDUE AND VAPORS. ALWAYS OBEY HAZARD WARNINGS AND HANDLE EMPTY CONTAINERS AS IF THEY WERE FULL. MSDS: 002-93 TWIN-REM INTERNATIONAL, INC. PAGE: 05 MATERIAL SAFETY DATA SHEET PRODUCT: SCALE-NIX 160 NOTICE ** TWIN-KEM INTERNATIONAL, INC. EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO THE PRODUCT OR INFORMATION PROVIDED HEREIN. ** ALL INFORMATION CONTAINED HEREIN IS BASED UPON DATA OBTAINED FROM THE MANUFACTURER AND/OR RECOGNIZED TECHNICAL SOURCES . WHILE THE INFORMATION IS BELIEVED TO BE ACCURATE, T- KI MAKES NO REPRESENTATIONS AS TO ITS ACCURACY OR SUFFICIENCY. CONDITIONS OF USE ARE BEYOND T-KI ' S CONTROL AND THEREFORE USERS ARE RESPONSIBLE TO VERIFY THIS DATA UNDER THEIR OWN OPERATING CONDITIONS TO DETERMINE WHETHER THE PRODUCT IS SUITABLE FOR THEIR PARTICULAR PURPOSES AND THEY ASSUME ALL RISKS OF THEIR OWN USE, HANDLING, AND DISPOSAL OF THE PRODUCT, OR FROM THE PUBLICATION OR USE OF, OR RELIANCE UPON, INFORMATION CONTAINED HEREIN, . THIS INFORMATION RELATES ONLY TO THE PRODUCT DESIGNATED HEREIN, AND DOS NOT RELATE TO ITS USE IN COMBINATION WITH ANY OTHER MATERIAL OR IN ANY OTHER PROCESS. ********* END OF MSDS ******** MSDS:001-94 THIN-REM INTERNATIONAL, INC. PAGE: 01 MATERIAL SAFETY DATA SHEET EFFECTIVE DATE: 04/12/94 Mr. Howard Roatright Enviro-Cycle Evans, CO EMERGENCY ASSISTANCE FOR EMERGENCY ASSISTANCE INVOLVING CHEMICALS CALL: CIlEMTItEC (000-424-9300) INFORMPRODUCT AND SALES TWIN-KEM INTERNATIONAL, INC. 4220S. ALLISON STREET, LAKEWOOD PHONE: ( 303 ) 906-6440 FAX: ( 303) 988-8202 * SECTION I : GENERAL INFORMATION * ************************************************************* PRODUCT NAME: BIO-NIE 500 PRODUCT CLASS : MIXTURE PRECAUTIONS: FLAMMABLE; CORROSIVE REFER TO BILL OF LADING OR CONTAINER LABEL FOR DOT OR OTHER TRANSPORTATION HAZARD CLASSIFICATION IF ANY. ************************************************************* * SECTION II: HAZARDOUS INGREDIENTS * ************************************************************* INGREDIENT (CAS #) OSHA PEL ACGIH TLV OTHER GLUTERALDEHYDE (PPM) (PPM) 1 ( 111-30-8) 0.2 0.2 n-ALKYL DIMETHYL BENZYL AMMOMIUN CHOLRIDE( 139-08-2) None Established 2 .5% ETHANOL (64-17-5) 1000 1000 1% WATER (7732-18-5) None Established 82% METHANOL ( 67-56-1 ) 0.5% 200 200 MSDS: 001-94 TWIN-KEM INTERNATIONAL, INC. PAGE: 02 MATERIAL SAFETY DATA SHEET PRODUCT: HIO-NIX 500 ************************************************************* * SECTION 111: PHYSICAL/CHEMICAL DATA ************************************************************* BOILING POINT, 760mm Hg: -100 . 5 C ( -213 F) SPECIFIC GRAVITY(H20=1 ) : 1 . 035 EVAPORATION RATE (Butyl Acetate = 1 ) : 1 . 03 VAPOR DENSITY (Air = 1 ) : 1 . 1 VAPOR PRESSURE at 20 ' C: 17 mmHg FREEZING POINT: -3 . 1 C (26 . 4 F) APPEARANCE : TRANSPARENT PALE YELLOW PHYSICAL STATE: I. [QUID WEIGHT PER GALLON: 8 . 61 LBS ************************************************************* * SECTION IV: FIRE AND EXPLOSION DATA ************************************************************* FLASH POINT (TEST METHODS) : NONE TAG CLOSED CUP ASTM D 56 EXPLOSIVE LIMITS : IN AIR LOWER: NOT DETERMINED AQUEOUS SYSTEM % by volume: UPPER: NOT DETERMINED AQUEOUS SYSTEM EXTINGUISHING MEDIA: NON-FLAMMABLE (AQUEOUS SOLUTION) : AFTER WATER EVAPORATES, REMAINING MATERIAL WILL BURN. USE ALCOHOL TYPE OR ALL- PURPOSE-TYPE FOAM, APPLIED BY MANUFACTURER' S RECOMMENDED TECHNIQUES FOR LARGE FIRES . USE CARBON DIOXIDE OR DRY CHEMICAL MEDIA FOR SMALL FIRES. SPECIAL FIRE FIGHTING PROCEDURES: SELF-CONTAINED BREATHING APPARATUS AND PROTECTIVE CLOTHING SHOULD BE WORN IN FIGHTING UNUSUAL FIRE AND EXPLOSION HAZARDS: WHEN THIS MATERIAL IS EXPOSED TO EXTREME HEAT, AS IN A FIRE, IT MAY POLYMERIZE AND RUPTURE A CLOSED CONTAINER. ************************************************************* * SECTION V: REACTIVITY DATA * STABILITY: STABLE MSDS: 001-94 TWIN-KEM INTERNATIONAL, INC. PAGE: 03 MATERIAL SAFETY DATA SHEET PRODUCT: BIO-NIX 500 HAZARDOUS POLYMERIZATION: WILL NOT OCCUR INCOMPATIBILITY (MATERIALS TO AVOID) STRONG ALKALIS AND ACIDS CATALYZE AN ALDOL-TYPE CONDENSATION (EXOTHERMIC, BUT NOT EXPECTED TO BE VIOLENT) . CONDITIONS TO AVOID: AVOID HIGH TEMPERATURES AND EVAPORATION OF WATER. TEMPERATURES ABOVE 100 DEGREES C. ALTHOUGH POLYMERIZATION MAY OCCUR, IT IS NOT VIOLENT. HAZARDOUS COMBUSTION OR DECOMPOSITION PRODUCTS : BURNING CAN PRODUCE THE FOLLOWING PRODUCTS: * CARBON MONOXIDE AND/OR CARBON DIOXIDE * CARBON MONOXIDE IS HIGHLY TOXIC IF INHALED; CARBON DIOXIDE IS SUFFICIENT CONCENTRATION CAN ACT AS AN ASPHYXIANT. ************************************************************* * SECTION VI : HEALTH HAZARD DATA * ************************************************************* EFFECTS OF OVEREXPOSURE/EMERGENCY AND FIRST AID PROCEDURES . EXPOSURE LIMITS : GLUTERALDEHYDE: 0 . 2 PPMV CEILING, OSHA & ACGIH METHANOL: 200 PPM TWA(SKIN) , OSHA & ACGIH 250 PPM STEL(SKIN) , OSHA & ACGIH ETHANOL: 1000 PPN RWA, OSHA & CGIH EFFECTS OF SINGLE EXPOSURE: EYES: LIQUID WILL CAUSE A SEVERE AND PERSISTENT CONJUNCTIVITIS, SEEN AS EXCESS REDNESS AND MARKED SWELLING OF THE CONJUNCTIVE WITH PROFUSE DISCHARGE. SEVERE CORNEAL INJURY MAY DEVELOP, WHICH COULD PERMANENTLY IMPAIR VISION IF PROMPT FIRST-AID AND MEDICAL TREATMENT ARE NOT OBTAINS. VAPOR WILL CAUSE STINGING SENSATIONS IN THE EYE WITH EXCESS TEAR PRODUCTION, BLINKING, AND POSSIBLY A SLIGHT REDNESS OF THE CONJUNCTIVE. INHALATION: VAPOR IS IRRITATING TO THE RESPIRATORY TRACT, CAUSING STINGING SENSATIONS IN THE NOSE AND THROAT, DISCHARGE FORM THE NOSE, POSSIBLY BLEEDING FROM THE NOSE, COUGHING, CHEST MSDS: 001-94 TWIN-KEM INTERNATIONAL, INC. PAGE: 04 MATERIAL SAFETY DATA SHEET PRODUCT: BIO-NIX 500 DISCOMFORT AND TIGHTNESS, DIFFICULTY WITH BREATHING, AND HEADACHE. SWALLOWING: MODERATELY TOXIC. MAY CAUSE MODERATE TO MARKED IRRITATION OR CHEMICAL BURNS OF THE MOUTH, THROAT CHEST, AND ABDOMEN, NAUSEA, VOMITING, DIARRHEA, FAINTNESS,, DROWSINESS, WEAKNESS, THIRST, CIRCULATORY COLLAPSE, AND COMA. SKIN ABSORPTION: PROLONGED OR WIDESPREAD CONTACT MAY RESULT IN THE ABSORPTION OF POTENTIALLY HARMFUL AMOUNTS OF MATERIAL. MEDICAL CONDITIONS AGGRAVATED BY OVEREXPOSURE: SKIN CONTACT MAY AGGRAVATE AN EXISTING DERMATITIS. inhalation OF MATERIAL MAY AGGRAVATE ASTHMA AND INFLAMMATORY OF FIBROTIC PULMONARY DISEASES. EFFECTS OF REPEATED OVEREXPOSURE: REPEATED SKIN CONTACT MAY CAUSE A CUMULATIVE DERMATITIS . SEE SECTION II FOR HAZARDOUS INGREDIENTS PRESENT IN THIS PRODUCT AND THEIR CORRESPONDING THRESHOLD LIMIT VALUES . SIGNIFICANT LABORATORY DATA WITH POSSIBLE RELEVANCE TO HUMAN HEALTH HAZARD EVALUATION: LABORATORY STUDIES HAVE SHOWN THAT GLUTERALDEHYDE IS NOT TETROGENIC, AND SEVERAL STUDIES HAVE SHOWN THE MATERIAL NOT TO BE A MUTAGEN. PRELIMINARY, AS YET NOT QUALITY ASSURED, HISTOPATHOLOGICAL FINDINGS IN THE 24- MONTH SACRIFICE OF A COMBINED ONCOGENICITY/CHRONIC TOXICITY STUDY IN FISCHER 344 RATS GIVEN GLUTERALDEHYDE IN DRINKING WATER (50, 250, AND 1000PPM) SHOWED AN INCREASE IN THE INCIDENCE OF THE SPONTANEOUSLY OCCURRING LARGE GRANULAR CELL LYMPHOCYTIC LEUKEMIA (LGL) AT ALL DOSAGES COMPARED WITH THE CONTROLS ONLY FOR THE FEMALE RATS. MALE RATS HAD THE SAME INCIDENCE IN CONTROLS AND AT ALL LEVELS OF EXPOSURES. SINCE MSDS: 001-94 TWIN-KEM INTERNATIONAL, INC. PAGE: 05 MATERIAL SAFETY DATA SHEET PRODUCT: BIO-NIX 500 ******************************************************* FOR ADDITIONAL MEDICAL INFORMATION, CALL 1-800-228-5635 ******************************************************* THE INCIDENCE OF THIS LEUKEMIA WAS LOW IN THE CONTROL FEMALE RATS, COMPARISON WITH OTHER CONTROL DATA AND FURTHER STATISTICAL ANALYSES ARE CURRENTLY BEING UNDERTAKEN IN ORDER TO FURTHER DEFINE THE RELEVANCE OF THIS STUDY. THE INTERNATIONAL AGENCY FOR RESEARCH ON CANCER ( IARC) HAS DETERMINED THAT THE CONSUMPTION OF ALCOHOLIC BEVERAGES IS CAUSALLY RELATED TO THE OCCURRENCE OF MALIGNANT TUMORS OF THE ORAL CAVITY, PHARYNX , LARYNX, ESOPHAGUS AND LIVER IN HUMANS . THE CARCINOGENIC RESPONSE ATTRIBUTED TO DRINKING ALCOHOLIC BEVERAGES HAS NOT BEEN VERIFIED IN STUDIES WITH LABORATORY ANIMALS. ESTABLISHED USES OF DENATURED ETHANOL AND NON- BEVERAGE USES OF PURE ETHANOL ARE NOT CONSIDERED TO POSE ANY SIGNIFICANT CANCER HAZARD. OTHER EFFECTS OF OVEREXPOSURE: MAY CAUSE SKIN SENSITIZATION IN A SMALL PORTION OF INDIVIDUALS AND PRESENT AS AN ALLERGIC CONTACT DERMATITIS . THIS USUALLY RESULTS FROM CONTACT WITH THE LIQUID, BUT OCCASIONALLY THERE MAY BE A REACTION TO GLUTERALDEHYDE VAPOR. EMERGENCY AND FIRST AID PROCEDURES: SWALLOWING: DO NOT INDUCE VOMITING. DO NOT GIVE ANYTHING TO DRINK. OBTAIN MEDICAL ATTENTION WITHOUT DELAY. SKIN: IMMEDIATELY REMOVE CONTAMINATED CLOTHES AND SHOES . WASH SKIN WITH SOAP AND WATER. . OBTAIN MEDICAL ATTENTION. WASH CLOTHING BEFORE REUSE. DISCARD CONTAMINATED LEATHER ARTICLES SUCH AS SHOES AND BELT. INHALATION: REMOVE TO FRESH AIR. GIVE ARTIFICIAL RESPIRATION IF NOT BREATHING. IF BREATHING IS DIFFICULT, OXYGEN MAY BE GIVEN BY QUALIFIED PERSONNEL. OBTAIN MEDICAL ATTENTION. MSDS: 001-94 TWIN-KEM INTERNATIONAL, INC. PAGE: 06 MATERIAL SAFETY DATA SHEET PRODUCT: BIO-NIX 500 ************************************************************ EYES : IMMEDIATELY FLUSH WITH WATER AND CONTINUE WASHING FOR AT LEAST 15 MINUTES . OBTAIN MEDICAL ATTENTION WITHOUT DELAY, PREFERABLY FROM AN OPHTHALMOLOGIST. NOTES TO PHYSICIAN: THE HAZARDS OF THIS MATERIAL ARE DUE MAINLY TO ITS SEVERELY IRRITANT PROPERTIES ON SKIN AND MUCOSAL SURFACES . MODERATELY TOXIC BY SWALLOWING. MODERATELY TOXIC BY ABSORPTION ACROSS THE SKIN. DUE TO THE SEVERELY IRRITATING OR CORROSIVE NATURE OF THE MATERIAL, SWALLOWING MAY LEAD TO ULCERATION AND INFLAMMATION OF THE UPPER ALIMENTARY TRACT WITH HEMORRHAGE AND FLUID LOSS . ALSO, PERFORATION OF THE ESOPHAGUS OR STOMACH MAY OCCUR, LEADING TO MEDIATITIS OR PERITONITIS AND THE RESULTANT COMPLICATIONS . THE STOMACH SHOULD BE EVACUATED CAREFULLY IN CASE OF INGESTION. ANY MATERIAL ASPIRATED DURING VOMITING MAY CAUSE LUNG INJURY. THEREFORE, EMESIS SHOULD NOT BE INDUCED MECHANICALLY OF PHARMACOLOGICALLY. IF IT IS CONSIDERED NECESSARY TO EVACUATE THE STOMACH CONTENTS, THIS SHOULD BE DONE BY MEANS LEAST LIKELY TO CAUSE ASPIRATION (E.G. GASTRIC LAVAGE AFTER ENDOTRACHEAL INTUBATION) . ************************************************************* * SECTION VII: SPILL OR LEAK PROCEDURES * ************************************************************* STEPS TO BE TAKEN IF MATERIAL IS RELEASED OR SPILLED: WEAR SUITABLE PROTECTIVE EQUIPMENT. TOXIC TO FISH; AVOID DISCHARGE TO NATURAL WATERS . VERY LOW CONCENTRATIONS ( 10 PPM OR LEES) CAN BE DEGRADED IN A BIOLOGICAL TREATMENT SYSTEM. THUS, SMALL SPILLS CAN BE FLUSHED WITH LARGE QUANTITIES OF WATER A WITH WATER. LARGE QUANTITIES OF "SLUGS" CAN BE HARMFUL TO n MSDS:001-94 TWIN-REM INTERNATIONAL, INC. PAGE: 07 MATERIAL SAFETY DATA SHEET PRODUCT: BIO-NIX 500 ************************************************************ THE TREATMENT SYSTEM. THUS, LARGE SPILLS SHOULD BE COLLECTED FOR DISPOSAL, IT MAY ALSO BE POSSIBLE TO DECONTAMINATE SPILLED MATERIAL BY CAREFUL APPLICATION OF AQUEOUS SODIUM HYDROXIDE OR DIBASIC AMMONIUM PHOSPHATE SOLUTION. DEPENDING ON CONDITIONS, CONSIDERABLE HEAT AND FUMES CAN BE LIBERATED BY THE DECONTAMINATION REACTION. WASTE DISPOSAL METHOD ATOMIZE INTO A VERY HOT INCINERATOR FIRE OR MIX WITH A FLAMMABLE SOLVENT, AND INCINERATE WHERE PERMITTED UNDER APPROPRIATE FEDERAL, STATE, AND LOCAL REGULATIONS . HIGH WATER CONTENT MAY DAMPEN FLAME . ************************************************************* * SECTION VIII : PROTECTIVE MEASURES ************************************************************* EYE PROTECTION: WEAR FULL FACE SHIELD OR GOGGLES WHEN HANDLING. PROTECTIVE GLOVES: RUBBER NITRILE (NBR) BUTYL POLYETHYLENE RESPIRATORY PROTECTION (SPECIFY TYPE) : USE SELF-CONTAINED BREATHING APPARATUS IN HIGH VAPOR CONCENTRATIONS . IF SELF-CONTAINED BREATHING APPARATUS IS NOT AVAILABLE, A MSHA/NIOSH APPROVED AIR PURIFYING RESPIRATOR EQUIPPED WITH AN ORGANIC VAPOR CARTRIDGE SHOULD BE USED. OTHER PROTECTIVE EQUIPMENT: CHEMICAL APRON. AN EYE WASH STATION AND SAFETY SHOWER SHOULD BE NEAR THE WORK AREA. RUBBER BOOTS. ,ram MSDS: 001-94 TWIN-KEM INTERNATIONAL, INC. PAGE: 08 MATERIAL SAFETY DATA SHEET PRODUCT: BIO-NIX 500 ************************************************************ VENTILATION: GENERAL (MECHANICAL) ROOM VENTILATION IS EXPECTED TO BE SATISFACTORY WHERE THIS PRODUCT IS STORED AND HANDLED IN CLOSED EQUIPMENT. ******x****************************************************** * SECTION IX: SPECIAL PRECAUTIONS. ************************************************************* PRECAUTIONS TO BE TAKEN IN HANDLING AND STORAGE : DANGER: CORROSIVE CAUSES IRREVERSIBLE EYE DAMAGE. CAUSES SKIN BURNS MAY BE FATAL IF SWALLOWED OR ABSORBED THROUGH THE SKIN. HARMFUL IF INHALED MAY CAUSE SKIN SENSITIZATION. DO NOT GET IN EYES, ON SKIN, ON CLOTHING. AVOID BREATHING VAPOR. DO NOT SWALLOW WEAR GOGGLES, PROTECTIVE CLOTHING, AND RUBBER GLOVES. WASH THOROUGHLY WITH SOAP AND WATER AFTER HANDLING. REMOVE CONTAMINATED CLOTHING AND WASH BEFORE REUSE. FOR INDUSTRY USE ONLY OTHER PRECAUTIONS: LABORATORY STUDIES, USING AN ODOR TEST PANEL, INDICATED GLUTARALDERHYDE VAPORS IN AIR MAY BE " IRRITATING" TO HUMANS AT ABOUT 0 .3PPM IN AIR: THE TLV HAS BEEN ESTABLISHED AS 0 . 2 PPM CEILING. THUS, IF VAPORS ARE CONCENTRATED ENOUGH TO BE IRRITATING, THE TLV IS PROBABLY BEING EXCEEDED. MUST NOT BE USED IN THE FORM OF A SPRAY OR AEROSOL. ****************************************x******************* MSDS: 001-94 TWIN-KEM INTERNATIONAL, INC. PAGE: 09 MATERIAL SAFETY DATA SHEET PRODUCT: BIO-NI% 500 t*,t********************************************************* NEITHER THIS DATA SHEET NOR ANY STATEMENT CONTAINED HEREIN GRANTS OR EXTENDS ANY LICENCE, EXPRESS OR IMPLEID, IN CONNECTION WITH PATENTS OR PENDING WHICH MAY BE THE PROPERTY OF THE MANUFACTURER OR OTHERS . THE INFORMATION IN THIS DATA SHEET HAS BEEN ASSEMBLED BY THE MANUFACTURER BASED ON ITS OWN STUDIES AND ON THE WORK OF OTHERS. THE MANUFACTURER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE INFORMATION CONTAINED HEREIN. THE MANUFACTURER SHALL NOT BE LIABLE (REGARDLESS OF FAULT) TO THE VENDER, THE VENDEE ' S EMPLOYEES, OR ANYONE FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ACCURACY, COMPLETENESS, ADEQUACY, OR FURNISHING OF SUCH INFORMATION. MSDS:04/98 TWIN_KEM INTERNATIONAL, INC. MATERIAL SAFETY DATA SHEETrace. I Enviro-Cycle Effective dare:w �os Evans, CO SECTION I-IDENTIFICATION Trade Name: 81O-FIX LIQUID Chemical Name: Sodium Ilypodilorite.Aqueous Solution Synonym,: Bleach &nergmcy Phone: 281 457-4888 CIIEMTRF,C: 800-424-9300 Date of Issue: I I/ 68 Revised Date: 03/24/24/9797 ' HMIS HAZARD RATING Health: 2 0-Last Fire: 0 3=High Resdivity: t Mo derSlate 1-R:■reme 2- Moderate SECTION 2-INGREDIENTS COMPONENTS PERCENT 'fl.{' CAS NI). Sodium Ilypochlordte 10% Sodium Chloride 7-8% N.K. 768152-9 Sodium hydroxide 0.5-2% 17647-14-5 31-73-2 Water Remainder 131-73-2 SECTION 3-FIRE AND EXPLOSION HAZARD DATA Flash Point (C.C.) Nonflammable Flammable Limits(%in Air) Lower N/A Upper:N/A Extinguihing Media: N/A Special Firefighting Procedn0es/Preautions:. Use extinguishing media that is distance to cool free exposedappropriate for surrounding ng media. vap water spray fromrsa safe (hll ofclothing containers,to rdiluteh ling app and conts.Prot cti n is Firefighters shouldtwar protection m dmhingand sontaeed breathing apparatus.Protection is needed against corrosive Pomes if liquid is released. Unusual Fire and Explosion Information: This material is an oxidizinga situation.It an be decomposed by veal Ifs reactions can e with oxidizabk to ules as fire rupture. by heal safe,remove containers from fire area to prevent pressure SECTION 4- HEALTH HAZARD DATA AC0111-TLV: N.B. Eye Contact: May cause severe pain.blurred vision,tearing and swelling Concentrated solutions may cause burning Skin Contact May cause moderate skin irritation.Contact with cd■cmtrated solution may bleach the akin and cause redness,pain,blistering itchy eczema and possible chemical bums. MSDS:04/98 Twin-Keen International,Inc. Page:_ Material Safav Data Shed Ingestion: May cause pain and inflammation of the mouth,throat esophagus.and stomach.Can cause erosion of mucous membranes,especially in the stomadn. Inhalation: Vapors may cause slight to severe irritation of the r sore throat,blisteringcoughing respiratory(swellingtracti High concentrationsaid o cause ghng delayed pulmonary edema of lung tissue)and shortness of breath. Carcinogenicity Listed by NTP:No IARC:NO OSHA NO SECTION 5—FIRST AID PROCEDURES Eye Contact: Immediately flush eyes with plenty of water for at least 15 minutes while holdingeyelids medial attention. open.Get Skin Contact: Immediately remove contaminated clothing or shoes,wipe excess from skin and flush with plenty of water tor at lead 15 minutes. Use soap if available or follow by washing with soap and water. Do not race clothing until thoroughly dewed Get medial attention. Inhalation: Remove vidim to fresh air end provide oxygen if breathing is difficult.Give artificial respiration if not breathing Get medical attention. Ingestion: DO NOT INDUCE VOMITING! Rinse mouth with water. If conscious, give large quantities of water or milk and gat immediate medial attention. NEVER GIVE ANYTING BY OUTH TO AN UNCONSCIOUS PERSONS SECTION 6—SPILL OR LEAK PROCEDURES For Spill: Contain material.Place collected material it disposal container.Prevent liquid from entering sewers or water ways. Do not use COMBUSTIBLE absorbents. When necessary,Hypoddorte solutions an be neutralized with weak reducing agents.Clean-up personnel should use protective equipment to prevent contact Wade Disposal: Dispose of wade materials according all Federal,state,and local regulations. • SECTION 7-HANDLING AND STORAGE Keep container tightly dosed what not in use.Store in a cool place(below85 Deg F),dry,well ventilated area away from diva[ sunlight,heat ad incompatible materials.Protect containers from physical damage. THIS PRODUCT DEGRADES WITH AGE.USE A CHLORINE TEST KIT AND INCREASE DOSAGE AS NECESSARY TO OBTAIN THE REQUIRED LEVEL OF AVAILABLE CHLORINE. SECTION 8—SPECIAL PROTECTION Respiratory Protection: Use NIOSH approved respirator protection.For canister type respirators,use Chlorine filters.In case of the,wear edf catained breathing apparatus. Ventilation Local Exhaust: Recommended Special: None Mechanical: Recommended Other: None Eye/Face Protection: Chemical goggles and/or MI face shield. Skit Protection: Wear chemical resident gloves(PVC)and clothing such as coveralls(slider suits),boots,de.to avoid skin contact. , Work Practices: Use good personal hygiene YBi practices.Wash hands before eatng drinking amokeng or using toilet facilities.Promptly remove soiled clothing and wash thoroughly before reuse.Shower after work �1 using plenty of soap and water. MSUS:t)4.9R Twin-Kent International, Inc. raae:.I Material Safety Data Sheri SECTION 9—PIIYSICAI, DATA AppemranccI Odor: Clear)tale yellow or greenish liquid will,a Chlorine odor. Dolling Point: Decomposes Vapor Pressure(nunl Ig): 17.e Freeaing Point: N.E. Itg rci�21)Deg C Vapor Density(Air- I): N.E.SolubiltY(1120): C'omplet elo Specific racily(112(1 11: 1.15 p11 12-13 Evaporation Rate: N.F. SECTION 111-REACTIVITY DATA Chemical Stability: Stable under normal operating conditions. Incompatible Alatniabc - My acidic material.Ammonia.I tea.nxidirahle,,atria@ and metals.nab as nickel.copper.lin Aluminum and iron. Ihconpoaitiom Products: Chloine gas rate of dce posit ion increases with the onitsntmtion with the Iempo aim es'Mae Rs IMgt I taro A,ww I'ol1'nmeintigr Will toil....tilt SECTION II - 'I'RANSI'OR'1'A'I'ION INFORMA'1'R)N DOT Ihrocriptioan: Ilypoddorte?Solution. R.lN1791.III RQ(Sodium l l)podJnrte)- 100 1hs. DOT ERO No: 61) SECTION 12-REGULATORY INFORMATION CE.RCLA 1.1.41'EU IIAZARJR)PS SI'IISTANCES: • CHEMI(:M. ('AS NO. Sodium HJPahlortie 7651 52-9 100 SARA TITLE III-Section 312 Hazard Categories: Acute: Yes Flammable: uddeik; No No Sudden Release of Pressure: No SARA TITLE.III—Section 313 Tolle Materials CHEMICAL (:ASNO. RV DIM.) Not currently listed STATE LISTS New Jersey Right to Knew llaeardona Substances IAnt Mamebeel4 Substance LW Pennsyhania hazardous Substance LW EPA PESTICIDE REGISTRATION NIrMDER:R13-16 TSCA (TOXIC SI)6SfANCE.S CONTROL ACT),4tK:FR 7111: Sources of the raw material used in this mixture assure that all chemical ingredients preset arc in compliance with Section R(h)Chemical Substance Inventory.or are ohenvise in ow pliance with TSCA. DISCLAIMER The data promoted is tote and erred to the bet of our knowledge and hails:however,nether seller no warranties,expressed or implied,concerning the infomatie presented.The user is cautioned toperform his and to rely upon his own determinations. Prcparn makes any own lurard evaluations z< ---N, ,. . . • • .. • J . . .. • . . . , , • . .."...........\\\, II Ia • .., . k.) I 1 CL -c w L y > G =0 U E I-- a'' o c. E W • w' ' 0 N N N E V 3 z< \-. I 3 8 I T � . � w iI1 • . g , • 0) I $ o 1 Ta c m • c .- a c D r z< ‘-..........\\. a -..* i • �r • a s ++ E g i s as I m 1 8 L s C D 1 r + WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP T ATTORNEYS AT LAW 822-7TH STREET.SUITE 780 STOW L.WITWER.JR. CHARLES A. KAROWSKY R.SAM OLDENBURG GREELEY, CO 80631 RETIRED JOHN J. BARRY JEFFREY T.BEDINGFIELD (970)352-3161 JACOUEUNE JOHNSON FACSIMILE(970)352-3165 PATRICK M.GROOM December 14, 1998 FAX: 1-303-759-5355 ORIGINAL TO FOLLOW BY U.S. MAIL Roger Doak • Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 Re: Enviro-Cycle LLC Dear Mr. Doak: Although it was my understanding when you spoke to the Weld County Commissioners that you believed the Use By Special Review and the county's responses thereto addressed the statutory requirements as set forth in C.R.S. §30-20-110,nevertheless, for a third time, I am responding to your request for additional information and clarification. By way of a general response to your letter of December 11, 1998,it appears that the information and clarification you most recently requested is at the level of minutia and that the inquiry borders on harassment 1. In response to the inquiry in¶1, if a leak occurs, it will of course be investigated immediately. The operator will tape steps to contain the leak,will document the extent of the leak, and will notify the local health department of the leak. The operator will take such steps as are reasonably required by the local health department to demonstrate whether the leak has caused an impact to the environment. 2. With regard to Comment #1 in 12, the information provided concerning closure activities is the good faith estimate of the applicant. As you are aware,the regulations require only that the owner/operator shall maintain in writing current cost estimates for hiring third persons to close the facility. That information was provided to you in some detail in our last letter. With regard to your comments concerning the waste handling procedures proposed by the Applicant, you are aware that we have discussed these in detail with the local health department Jet% representative who indicated before the Weld County Planning Commission that the operating WITWER, OLDENBURG, BARRY &BEDINGFIELD, LLP Roger Doak Page 2 December 14, 1998 standards developed by the local health department satisfied his environmental concerns. These standards were recommended by the Planning Commicsion to the Board of County Commissioners. Please note that you have inaccurately described the off-loading procedures. The trucks will enter the slab by traveling east to west. Additionally,we widened the trough from two feet to four feet at the request of the local health department. Although we recognize that there could be some minimal"attar bment".of the material to the truck tires,we do not anticipate,given the requirement to wash down the pad,that there will be tracking onto county roads. Because you do not state what potential public health problem may arise,we are unable to provide further insight. Finally, concerning your requirement to develop written procedures to minimize the formation of ice on the receiving pad,we believe an adequate procedure has been set forth by Weld County in the standards and conditions of the Use by Special Review. I would again remind you that under Section 901(a) of the Oil and Gas Conservation Commission Regulations,the Department of Public Health and Environment could allow oversight of these matters by the Commission which has already developed a considerable body of regulations and which has expertise in these matters. It is difficult to understand why the Department has not directed its energy in this direction, rather than spending such considerable time in an effort to develop ad hoc requirements of Enviro-Cycle LLC. Yours very truly, WITWER, OLDENBURG, BARRY& BEDINGFIELD, LLP Jacqueline Johnson vle pc: . Howard Boatright ,/Board of Weld County Commissioners Lee Morrison,Asst. County Attorney Scott Ballstadt, Weld County Planning Department Trevor Jiricek, Weld County Health Department WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L.WITWER.JR. CHARLES A. KAROWSKY R.SAM OLDENBURG GREELEY, CO 80631 RETIRED JOHN J. BARRY JEFFREY T.BEDINGFIELD (970)352-3161 JACOUEUNE JOHNSON FACSIMILE(970)352-3165 PATRICK M.GROOM November 9, 1998 Weld County Department of Planning Services Attn: Scott Ballstadt Re: USR 1198 Dear Mr. Ballstadt: Please consider this letter as a request for a Certificate of Designation for the above referenced facility, pursuant to the decision by the Board of Weld County Commissioners on November 9, 1998,that a certificate is required to operate a brine disposal well. It is my understanding that upon receipt of this letter,you will forward all materials required by the Colorado Department of Health for its review. As you are aware,the thirty(30)day public hearing required by the Department cannot begin until the materials are received. Accordingly, we appreciate your prompt attention to this matter. Will you also please provide us with copies of the following application materials for our file: 1. A copy of the Special Review plat map as well as a reduced copy thereof; 2. A copy of an affidavit and certified list of names and addresses of mineral owners and lessees of minerals. It is my understanding that the matter of the cost of an application fee has not been resolved at this time,and that we will be advised of the fee at a later date. We anticipate that the fee will be based upon the minimal amount of additional work that will be required of County staff to process this application. Yours very truly, weld County punning Dept WITWER, OLDENBURG, NOV O 8 BARRY&BEDINGFIELD,LLP ECEIVEDJacqueline Johnson vle pc: Mike Cervi Trevor Jiricek Lee Morrison WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP /� ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L.WITWER,JR. CHARLES A. KAROWSKY R.SAM OLDENBURG GREELEY, CO 80631 RETIRED JOHN J.BARRY JEFFREY T. BEDINGFIELD (BJG)352-3161 JACOUEUNE JOHNSON FACSIMILE(870)952-3165 PATRICK M.GROOM ..CI O n Ysy;Q December 18, 1998 m m co n o HAND DELIVERED 3 n�"e- W F Board of County Commissioners Weld County, Colorado 915-10th Street Greeley, CO 80631 Re: Enviro-Cycle LLC,USR 1198 T Dear Commissioners: The applicant hereby requests that the hearing on December 21, 1998 be continued for the reason that numerous issues remain unresolved and cannot be resolved prior to the hearing date. Yours very truly, WITWER, OLDENBURG, BARRY&BEDINGFIELD, LLP acque inenson vle pc: Lee Morrison HAND DELIVERED Scott Ballstadt HAND DELIVERED Trevor Jiricek HAND DELIVERED T MEMORANDUM inse TO: Board of County Commissioners December 21, 1998 COLORADO From: Scott Ballstadt, Planner l SUBJECT: USR-1198 Enviro-Cycle Certificate of Designation The Department of Planning Services received the attached letter from the applicants representative, Jacqueline Johnson on Friday, December 18, 1998. The letter requests the hearing be continued to address numerous unspecified issues. The Department of Planning Services recommends that case USR-1198 be continued until such time that the issues have been addressed. 1111 T f - STATE X LORADO Roy Roleer,Governor �Y �! Patti Shwayder,Fxecutive Director � DEC 28 b$ 9: 25 Dedicated to protecting and improving the health and environment of the people of Colorado • t. - • 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division CLERK + Denver,.Colorado 80246-1530 8100 Lowry Blvd. TO THE BOARD r 7 Phone 03)692-2000 Denver CO 80220-6928 Locate ?ln Glendale,Colorado (303)692-3090 Colorado ent http://www.cdphe.state.co.us of Public and Environment December 18, 1998 Weld County Board of Commissioners 915 10th Street Greeley, Colorado 80632 RE: Application for Certificate of Designation-Enviro-Cycle, LLC Dear Commissioners: The Solid Waste Unit of the Hazardous Materials and Waste Management Division(the Division)has completed its review of the application for a Certificate of Designation for the above referenced facility. The site is located south of and adjacent to WCR 40 & east of and adjacent to WCR 39. The application was reviewed to assess its compliance with the requirements set forth in the Solid Waste Act, 30-20-100, CRS, as amended(Act) and with the regulations promulgated thereunder, 6 CCR 1007-2 (the Regulations). Pursuant to 30-20-104 of the Act, any technical conditions of approval shall be incorporated as requirements in the Certificate of Designation. The Division requests that the following comments be incorporated into the Certificate of Designation, if a favorable determination is made by Weld County. 1. All subsurface piping that will convey waste must be pressure tested prior to receiving waste and annually thereafter. Pressure test records shall be placed in the facility's operating records and made available,upon request, to Weld County or the Division. 2. An evaluation must be made,prior to the receipt of waste, of the potential for impacts to existing surface water and ground water quality from the operational activities at this facility. 3. Financial Assurance must be established, at least, sixty (60) days prior to the initial receipt of waste. Detailed unit cost estimates for hiring a third party to close the facility must be submitted to Weld County and the Division for review and approval. It is the assessment of the Division that the proposed facility can comply with the technical, environmental and public health standards of the Act and the Regulations; if the facility is constructed and operated as detailed in the submitted application and with the requirements of the Division, as stated in this letter. toy-, Weld County Board of Commissioners December 18, 1998 Page 2 Based on this assessment,the Division recommends that the proposed Enviro-Cycle facility be approved by Weld County based on these and local criteria. Should you have questions regarding this matter,please contact Mr ' oger o oak at our office. Sincerely, Roger Doak I F. Mallory Solid Waste Unit olid Waste Unit L:.der Compliance Program Compliance Program cc: Trevor Jiricek, Weld County Health Department Scott Ballstadt, Weld County Planning Department Jacqueline Johnson; Witmer, Oldenberg, Barry&Bedinfield, LLP Monica Sheets, AGO Robin Reade, COGCC Howard Boatright, Enviro-Cycle,LLC sw/wld/cyc 2 /"TN-Meit 111111 MEMORANDUM Willie TO: Scott Ballstadt, DATE: January 26, 1999 CPlingDepent COLORADO FROM: Trevor Jiricek, W.C. Health Departme SUBJECT: Enviro-Cycle, LLC As you aware, there has been much discussion concerning the applicability of a Certificate of Designation (CD) to the proposed Enviro-Cycle, LLC, injection well. As a result, Enviro-Cycle, • LLC, submitted their application to the Colorado Department of Public Health and Environment (CDPHE) for their review. The CDPHE reviewed the Enviro-Cycle, LLC, application materials. The purpose of their review was to assess its compliance with the requirements set forth in the Solid Waste Act, 30-20-100,CRS, as amended, and with the Regulations promulgated thereunder(6 CCR 1007-2). The CDPHE offered their comments in a letter dated December 18, 1998,addressed to the Weld County Board of Commissioners. In the event that it is determined that a CD is required for this facility, the three (3) technical T conditions outlined in the CDPHE's December 18, 1998,letter, are required to be incorporated into the requirements of the CD (this is a requirement of the Solid Waste Act). In the event it is determined that a CD is not required we believe that these conditions are reasonable and should still be incorporated into the facility's USR. Those conditions are as follows: 1) All subsurface piping that will convey waste must be pressure tested prior to receiving waste and annually thereafter. Pressure test records shall be placed in the facility's operating records and made available, upon request, to representatives of Weld County or the Colorado Department of Public Health and Environment. 2) An evaluation must be made, prior to the receipt of waste, of the potential for impacts to existing surface water and ground water quality from the operational activities at this facility. 3) Financial Assurance must be established, at least, sixty (60) days prior to the initial receipt of waste. Detailed unit cost estimates for hiring a third party to close the facility must be submitted to Weld County and the Colorado Department of Public Health and Environment for review and approval. We recommend that#'s 2 and 3 be incorporated as Conditions of Approval,and#1 as a development standard. tj/1185 Y The Plain _Place Home of John&Billie Martin 20171 WCR 49 LaSalle, Co 80645 (970)284-5480 February 5,1999 Commissioner Dale Hall P.O. Box 758 Greeley, Co 80632 Dear Commissioner Hall, I understand that a oil company is going to ask for a special use permit to put a deep well in south of LaSalle to get rid of oil field by products. As part of that process I would like to share a recent experience. Last fall I received a notice that maintaince work would be done on Burke RG-24-16. This is a well operated by the Patina oil company and Richardson#4N65P24. This well is less than 1/4 mile from my domestic well. Before the maintaince operation my water tested 0 mg/1 Iron and 34 mg/1 hardness. One day after the company worked on the well my water turned orange with iron. I went to R&R pump,the company that takes care of my well. They tested the water and it was 2.4 on the iron and 73 on hardness. The water was undrinkable and immediately began to stain everything in the kitchen and bathroom. R&R pump tested the well for pipe and pump failures and there are none. They told me that undoubtedly the work on the oil well disturbed the water table and ruined my well: They told me it happens all the time in Weld county. When I ask if I had any recourse R&RPump told me to save my money. They told me that since it is impossible to go down in-a well and trace the cracks in the rock I could never prove in covrtthat the bad water came as a result of the oil well even though everyone knows it did. My only recourse was to put in several-very expensive water filters. Now I have an added expense every month of replacing filter cartridges. I understand and support the fact that the oil company has the right to exploit its property. However it is a fundamental principle of law that if one party damages anotherparty they should be liable. It is the role of government to regulate commerce in such a way that one property owner is not allowed to damage another. I hope you will build into the permit for this new oil project better protection than is built into the existing regulations • cer ly yours P. 02(44A ohn R. Martin of Cow Afie WELD COUNTY t COMM!CSir1NERS * 49 * * * 1999 tt&,R -5 at 8 qq */876 KEN SALAZAR STATE OF COLORADO STATE SERVICES BUILDING Attorney General CLERK 1525 Sherman Street-5th Floor Colorado BARBARA MCDONNELL TO THE 6vit' AIZTMENT OF LAW Phoner303)))866-450003 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX �303)866-5691 MICHAEL E. MCLACHLAN Solicitor General March 2, 1999 Weld County Board of County Commissioners 915 10th Street Greeley, Colorado 80620 RE: Certificate of Designation- Envirocycle, L.L.C. Dear Commissioners: At the January 27, 1999, meeting of the Board of County Commissioners you requested that the Colorado Attorney General's Office provide you with an opinion as to whether the Solid Waste Unit of the Colorado Department of Public Health and Environment ("CDPHE") would require that Enviro-Cycle, L.L.C., obtain a Certificate of Designation("CD") prior to operating its proposed Class II Underground Injection Control ("UK") facility in Weld County. This letter responds to your request. CDPHE and the COGCC agree that, while the jurisdictional issues are not entirely clear cut, both agencies may have jurisdiction over disposal of exploration and production wastes down a commercial Class II UIC well. To avoid duplicative agency regulation, CDPHE believes it is appropriate to defer to the COGCC's regulatory oversight of class II wells under the circumstances present here, where there is no surface disposal, and no down-hole disposal of any other materials. Accordingly, CDPHE will not require Enviro-Cycle (or similar facilities where exploration and production wastes are disposed of solely down the UIC well, not on- the surface, and no other types of waste are disposed of down the UIC well) to obtain a CD or pay solid waste disposal fees. The COGCC has agreed to review the Enviro-Cycle UIC facility proposal to ensure that the facility meets the COGCC's Class II UIC program requirements and is consistent with CDPHE's requirements for protection of human health and the environment. r Page 2 Although CDPHE is deferring to the COGCC with respect to regulating Envirocycle's proposed facility and similar facilities, the County is free to review the relevant statutes and make its own determination as to whether it will require Enviro-Cycle to obtain a CD. If you have any additional questions or comments please feel free to contact me at the number listed below. Sincerely, (IYU.CL Sed&h Auto MONICA DESCH SHEETS Assistant Attorney General Natural Resources and Environment Section (303) 866-5442 (303) 866-3558 (FAX) cc: Lee D. Morrison, Assistant Weld County Attorney Trevor Jiriceck, Weld County Health Department Howard Boatright, Enviro-Cycle, L.L.C. Jackie Johnson, Witwer, Oldenburg, Barry & Bedingfield, LLP Brian Macke, COGCC Robin Reade, COGCC Cindy Bargell, AGO Glenn Mallory, CDPHE Roger Doak, CDPHE AG ALPHA: HL SW IDAPS AG FILE: P:\NR\NRSHEEMD\ENVIRO4.LTR 19923 WCR 43 WELD COUNTY La Salle, CO 80645 r March 25, 1999 1999 MAR 29 E,H 8: 50 CLERK TO THE EO^,ff Weld County Board of Commissioners Dale Hall, Chairperson 915 10ih Street Greeley, CO 80631 Dear Mr. Hall and Board Members: This letter is to express our disapprsuraLof the prnpn`eit injector Buell nofthwest area-o#rSection 32, T4N, R65W, 6te P.M., Weld County, Colorado. Our reasons for disapproval are: 1. Our farmland and home are approximately 1.5 miles northeast of the planned injector well. Our land is in Section 27 and 28. 2. The access to this well is from WCR 40. We have a concern regarding the potential excessive dust and deterioration of WCR 40 and WCR 43 due to the potential extra heavy truck traffic. WCR 43 is a gravel road south of WCR 44 and WCR 40 is a gravel road east of WCR 39. We already have an excess of heavy truck traffic from the Longmont turkey farm, from oil and gas activity in this area with many oil and gas wells, and to the natural gas plant that several miles south. Most of this traffic travels at a high speed on these gravel roads causing much dust pollution in the air and actually causes low visibility while driving. We do not need any more dust pollution. 3. The dust gets into our lungs, our homes, gardens, yards, affects livestock, and gets on our cowing cro-gs. This dust on the growing crops altnws abetter.enuiraamant fOr.gti4 '.mites to populate on the corn thus causing extra pesticide spraying. The dust on the alfalfa and grass hay lowers its quality by making it dusty. Further, the dust lowers sunlight entering the plant cells decreasing the process of plant photosynthesis. 4. We have an irrigation well, Well#1-0949, in which we have a one-half ownership interest that is approximately 1.75 miles away. We also have a domestic well located within 1.75 miles of the proposed injector well site. We have a concern as to the potential damage to the ground water for these wells. We desire information about how deep the casing for this injector well will be, the manner in which the n casing is sealed and what government entity will supervise the drilling, casing and operation of this injection well if permission is granted for the injector well. Page 2 ^` Board of Weld County Commissioners March 25, 1999 5. There is a geological fault that goes through Section 27, 28 and 23 as evidenced by past oil and gas development. The known geological fault in Section 28 is not very far away from the proposed injector well site. Have there been geological studies recognizing the geological faults in these sections and have such studies determined any potential geological hazard from this injector well? 6. We desire to know the amount of bond fluids required by Weld County for this injector well: also, what recourse we, as neighboring property owners, have if we suffer damages of any kind due to this.iajeotor.waif and-by-soy sxoessive le ie° property by meta the injector well. 7. Is the Valley View injector well now located approximately 7 miles from our land now utilized completely? If not, why is there a need for another injector well? 8. I have studied the application for the proposed injector well. At this time, I find some areas in which the applicant has not complied with either the Weld County Health Department --, requirements or the Weld County Planning Commission requirements. Before April 21, 1999, I will again review the application to see what requirements still have not been met. At the April 21, 1999, meeting of the Board of County Commissioners, we would like to publicly address these concerns and any requirements that have been unfulfilled by the applicant. Very sincerely yours, ain amen L. Oster g &It ciSge -ec Lelia E. Oster n WELD COUNTY rni1.7 18973 W.C.Rd.43 LaSalle,Colorado 80645 1979 /PR -5 P11 9: 06 April 2, 1999 CLERK Dale Hall,Chairperson TO THE BOARD Weld County Commissioners 915 10th Street Greeley,Colorado 80631 Dear Mr.Hall: This letter is to express my disapproval of the proposed injector well to be located in the Northwest area of Section 32,T4N,R65W, 61h P.M.,Weld County,Colorado. My farm and farm home are located in the adjacent section east of the planned injector well. My land is the North Half of Section 33,T4N,R65W,6th P.M.,W.C.,CO. My stock watering(also classified as domestic) well is approximately V2 mile from the proposed injector well and my domestic(farmhouse and stock watering) well is within'/a mile of the proposed injector well.I also have an irrigation well in my half section. I object to the proposed injector well for the following reasons. I am concerned that the integrity of the casing of the injector well will not be adequately monitored long term,resulting in contamination of the ground water for my wells and neighboring wells served by that ground ('1 water. My son and I plan to keep the farm operating long term. I am the 4f°generation of my family on this land.We aim to preserve and protect it for future generations. The access to this proposed well is from Road 40. I'm very concerned that the increased truck traffic past my farm on Road 40 will greatly increase dust and pollution for humans,livestock, and plants. It will also result in the deterioration of this unpaved Road 40. I urge you to please keep this proposed injector well merely a proposal and not allow it to become a reality. Thank you for your attention to my letter. ncerely, Omar )anet Frazier asCHEMICAL APPLICATIONS & ENGIWEE Inc. PP C P.O. Box 1335, Lyons, CO 80540'�I' 1 `�� Em9 fPR I6 E.K 9: 59 April 15, 1999 CLERK To THE Bu.rrP2 Weld County Board of Commissioners 915 10th Ave. Greeley, Colorado 80631 Re: Request for Continuance of Hearing Subject: Enviro-Cycle, LLC Geraldine # 1 Disposal Well Facility N 1/2 NW/4 Section 32, T4N, R65W, 6th P.M. Weld County, Colorado Dear Board Members, Recently, the principals of Enviro-Cycle, LLC engaged my company to review the existing surface facility design segment of the subject project and make recommendations for improving the operating efficiency and environmental integrity of the various surface facilities. The two major areas of revision which I have recommended involve eliminating virtually all below ground pits and flow lines and re-designing the facility to accomplish fluids handling and solids control above ground on contained concrete pads. The second major area of revision involves a doubling of the above ground treated water storage capacity - expanding from six to twelve 500 bbl. storage tanks. Both the Weld County Environmental Protection Services staff and the environmental staff of the COGCC have reviewed and support these revisions, in principle, but have requested a modification and codification of the master drawing to detail those revisions and identify the areas of the surface facility as depicted on the master drawing where those revisions will occur. The COGCC staff have indicated that upon the completion of a review of the revisions as described, and assuming COGCC approval for the revisions is granted - a formal letter of approval will be forwarded to the Weld County Board of Commissioners from the COGCC. n Office: 303/823-9091 Mobile: 303/548-7085 Fax: 303/823-9091 Serving Industry with Environmental Solutions Since 1982 T Weld County Board of Commissioners April 16, 1999 Page Two In order to accomplish the necessary modification and codification of the master drawing as well as the preparation and review of the computer graphics with the COGCC staff on April 23, 1999, I am requesting, on behalf of my client, a continuance of the scheduled April 21, 1999 heating date to May 5, 1999 or at such time as the Board may deem appropriate. Thank you, in advance for your understanding and cooperation in this matter. Respectfully submitted —e` - C . L.C. "CIifr Roberts, ASCE Project Engineer PC: Ms. Julie Chester, Weld County Mr. Trevor Jericek, Weld County • Mr. Lee Morrison, Weld County Ms. Robin Reade, Colorado Oil & Gas Conservation Commission Client File in 90CHE4dICAL APPLICATIONS&ENGINEERING,INC. CAE P.O.Box 1335 Lyons,CO 80540 CLIFF ROBERTS, A.S.C.E. CivillEnvironmental Engineer 011ice:Ph/Fax(303)823-9091 Pager:(303)760-1083 Res.(303)823-8746 Mobilo:(303)548-7085 MEMORANDUM TO: Board of County Commissioners COLORADO FROM: Julie A. Chester, Lead Planner SUBJECT: Continuance of USR-1198 The Department of Planning Services is recommending a continuance of USR-1198, for Enviro- Cycle, until May 5, 1999. A letter was sent to you on April 17, 1999 from Cliff Roberts, Consultant for the applicant, requesting additional time to comply with requirements of the Weld County Environmental Protection Services and the Colorado Oil and Gas Conservation Commission. T SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF NATURAL RESOURCES STATE Bill Owens, Governor e COLORADO 1120 Lincoln St., Suite 801 '�' ' OIL & Denver,CO 80203 Phone: (303)894-2100 rat OAS/� A �+ FAX: (303)894-2109 www.dncstate.co.us/oil-gas CONSERVATION COMMISSION April 28, 1999 • Weld County Board of County Commissioners 'VAy es4 PO 758 ~�.- Greeley, CO 80632 C0 / yet Re: Envirocycle, LLC Geraldine #1 Water Disposal Well NW% NW% Section32 T4N R65W • Dear Commissioners, The Colorado Oil and Gas Conservation Commission has reviewed the application by Envirocycle, LLC, to construct and operate a water disposal well in Weld County. The well will be a commercial disposal well and is designed to inject a maximum of 4000 barrels of water per day. The COGCC has jurisdiction to review and approve all parts of this specific facility. We have requested and received additional information from Envirocycle, LLC, concerning construction of surface facilities. The COGCC approves of their general design titled "Proposed Engineering Revisions" for the Geraldine #1 Disposal Facility. We cannot give Envirocycle, LLC, final approval to begin injection until the Geraldine #1 well is drilled and completes final permit requirements. We hope•this letter clarifies our position. Please contact me if you have.any additional questions regarding this well. • Sincerely, David K. Dillon • Engineering Supervisor cc: Ms. Julie Chester, Weld County Planning Department Mr. Trevor Jiricek, Weld County Health Department Mr. Lee Morrison, Weld County Attorney's Office Mr. Cliff Roberts, ASCE 11111 DEPARTMENT OF NATURAL RESOURCES: Greg E.Welcher,Executive Director COGCC COMMISSION: Allan Heinle•Bruce Johnson•Michael Klleh•Abe Phillips•Claudia Rebne•Daniel Skrabacz•Stephen Sonnenberg COGCC STAFF: Richard T.Griebling,Director•Brian J.Macke,Deputy Director•Morris Bet,Operations Manager Patricia C.Beaver.Hearings Manager•Thomas J.Kerr,Manager of Information Systems gie CHEMICAL APPLICATIONS & ENGINEERING,INC. P.O. Box 1335, Lyons, CO 80540 \ CAE May 6, 1999 Ms. Julie Chester Department of Planning Services Weld County 1565 N. 17th Ave. Greeley, CO 80631 Re: Revised Master Drawings Subject: Geraldine # 1 Disposal Well Facility Enviro-Cycle, LLC Dear Julie, As we discussed on Wednesday,5 May, 1999, I have prepared two separate "Master Drawings" related to the surface structures at the proposed site. The "A" master drawing depicts the engineering design revisions previously approved by the COGCC and reviewed by you, Trevor Jericek, Don Carrol, and myself previously and represents 12 - 500 bbl. steel above around storage tanks in the treated water tank battery. The "B" master drawing depicts the same engineering design revisions previously approved by the COGCC and reviewed by you, Trevor Jericek, Don Carrol, and myself previously and represents only 6 - 500 bbl. steel above around storage tanks in the treated water tank batter/. I have prepared 10 each of the "A"& "B" master drawings and have placed then in two separate envelopes properly identified. I have not changed the "Proposed Engineering Revisions" document as per our discussion and would point out that in the last paragraph of "section 9" of the document entitled "Review of Facility Surface Storage System", it is stated that "only six - 500 bbl. tanks will be installed inside the concrete structure " and goes on to say that we are requesting an additional six tanks to be added at some future date to the battery subject to county approval. As we have discussed, Enviro-Cycle does not wish to press the addition of six more tanks if such additions will alter the permit or delay the permit/hearing process. I Office: 303/823-9091 Mobile: 303/548-7085 Fax: 303/823-9091 Serving Industry with Environmental Solutions Since 1982 F 4u A Ms. Julie Chester May 6, 1999 Page Two I will hand deliver to you two envelopes containing 10 each of the "A" & "B" master drawings and four additional "Proposed Engineering Revisions"documents at which time we can go over any last minute details. I have advised my client of a general concern related to truck traffic on WCR # 40 and we agree that a "No Right Turn" - "Local Traffic Only" sign should be posted at the entrance to the Proposed facility to discourage exiting trucks from traveling east on WCR #40 unless those trucks have wellhead access served by WCR #40. I have had lengthy discussions with Mr. and Mrs. Oster as well as Mr. Mark Magnuson regarding all aspects of the proposal. I have made a diligent effort to answer all of their questions concerning the project and while I am sure they would rather not have the facility in their neighborhood, they appear to be somewhat more comfortable with the concept. However, I am sure both parties will be at the 19 May hearing to make their concems a matter of record. Please let me know if there is any thing else I need to do as project engineer prior to the board hearing and thank you for your valuable guidance in this permitting process. Yours Truly, R-ereAtt-t L.C. "Cliff' Roberts, ASCE Project Engineer PC: Mr. Trevor Jericek, Weld County Mr. Lee Morrison, Weld County Mr. Mike Cervi, Enviro-Cycle, LLC 1 • CHEMICAL APPLICATIONS & ENGINEERING, INC. P.O. Box 1335, Lyons, CO 80540 r 'AE April 28, 1999 • • Mr. Trevor Jericek Supervisor - Environmental Protection Services • Weld County Health Department 1517 16th Avenue Ct. Greeley, CO 80631 • Re: Proposed Engineering Revisions Subject: Enviro-Cycle, LLC Geraldine # 1 Disposal Well Facility Dear Trevor, Tuesday, April 27th, I met with the COGCC staff and reviewed the proposed revisions to the above described facility - the same revisions which you and I reviewed with Robin Reade and Ed Diamato the previous week. After a review of the various computer sketches and operational procedures commensurate with the revised surface handling and processing equipment, the COGCC drafted a letter to the Weld County Board of Commissioners approving of the revisions. In the attached document "Proposed Engineering Revisions", I have included a copy of the COGCC approval letter in the Appendix section. In anticipation of our meeting on Thursday, April 29th at 2 P.M. I would call your attention to the fact that the master drawing of the facility originally included two sheets. The first sheet (Page 1 of 2) depicted the general layout of the facility and describes the various components of the facility. The second sheet (Page 2 of 2) provided specific details related to a below ground trough and pit system. Since the below ground trough and pit system has been eliminated, the second sheet of the master drawing has been eliminated altogether. Included in the six sets of the "Proposed Engineering Revisions" document which I will hand deliver to you on Thursday is a revised master drawing consisting of one sheet and reflecting the four principal areas of modification which are as follows; 1.) The ramp area • 2) The solids control process pad • 3) The above ground line transfer and distribution system 4) The above ground treated water storage tank battery All other design features depicted in the master drawing remain the same. • Office: 303/823-9091 Mobile: 303/548-7085 Fax: 303/823-9091 Serving Industry with Environmental Solutions Since 1962 • y Mr. Trevor Jericek April 28, 1999 Page Two In preparation for the 19 May, 1999 Board of Commissioners hearing, I intend to contact Mr. James Oster in an effort to address his concerns regarding the project and gain his support in that regard. Mike Cervi and I both agree that individuals owning land adjacent to or nearby the proposed facility have every right to voice their objections and be given every consideration. • It is my hopes that our meeting on Thursday afternoon will resolve any remaining questions or concerns regarding the project and that from that point forward, we will be ready to appear before the board on 19 May, 1999 with all our ducks in a row. Thank you for your input and guidance in this matter and I look forward to our meeting on Thursday. Yours Truly, - c- 1 L.C. "Cliff' Roberts, ASCE Project Engineer Attachments: six sets - "Proposed Engineering Revisions" document PC: Client File QleCHEMICAL APPLICATIONS & ENGINEERING,INC. —N I P.O. Box 1335, Lyons, CO 80540 CAE PROPOSED ENGINEERING REVISIONS ************************************** „ GERALDINE # 1 DISPOSAL FACILITY ENVIRO-CYCLE, LLC WCR # 39 & WCR # 40 �- WELD COUNTY, COLORADO PREPARED FOR THE COLORADO OIL & GAS CONSERVATION COMMISSION AND THE WELD COUNTY BOARD OF COMMISSIONERS **************************************** PREPARED BY L.C. 'CLIFF" ROBERTS, ASCE PROJECT ENGINEER Office: 303/823-9091 Mobile: 303/548-7085 Fax: 303/823-9091 Serving Industry with Environmental Solutions Since 1982 TABLE OF CONTENTS (Sequential Pagination) 1.0 Introduction 2.0 Review of The Ramp Offloading Facility 3.0 Review of The Ramp Leak Detection System 4.0 Review of The Ramp Offloading Process 5.0 Review of The Fugitive Fluid Collection/Lined Concrete Cellar Unit 6.0 Review of The Solids Control Facility & System 7.0 Review of The Solids Control Process 8.0 Review of The Facility Line Distribution System 9.0 Review of The Facility Surface Storage System Appendix COGCC Approval Letter J 1.0 Introduction: In 1998, Enviro-Cycle, LLC submitted a proposal for the construction of a Class II disposal well facility to be located in the north 1/2 of the NW/4 of Section 32, T4N, R65W, 6th P.M. in Weld County, Colorado near the intersection of WCR # 39 & WCR# 40. Over the past few months, Enviro-Cycle has been working closely with the Environmental Protection Services (EPS) section of the Weld County Department of Health as well as the Colorado Oil & Gas Conservation Commission (COGCC) in obtaining a permit for the disposal facility from the Weld County Board of Commissioners. The original surface design included a splash type off loading process for waste fluids wherein the waste fluids would cascade directly out of a truck unit into a below ground concrete trough unit located on the ramp offloading pad. This trough unit was designed to drain directly into a series of below ground concrete settling pits. Other incidental design features called for below ground distribution lines to handle and transport the waste fluids through the clarification and refining process. Eventually, the treated waste fluids were to be stored in above ground storage tanks pending downhole injection in the disposal well unit. During this permitting process, both the COGCC and the ESA expressed concems related to the below ground trough and settling pit system and the potential for soil and/or ground water contamination. Enviro-Cycle subsequently engaged the Chemical Applications & Engineering Company (CAE) [engineering specialist in the area of waste management designs and processes] to evaluate the proposed engineering design of the facility, review the design features with the staffs of the COGCC and the Weld County Health Department, and make specific recommendations for enhancement of the facility and/or fluids handling and treatment process. After carefully reviewing the existing engineering design for the surface facility and discussing potential "problem areas' in the design with the staffs of both the EPS and the COGCC, CAE engineer Cliff Roberts made specific recommendations for modification and/or revision of the surface facility design. The principle objectives accomplished through these proposed surface facility design revisions were: A. To enhance the environmental integrity of the facility and to minimize environmental liabilities associated with potential surface or shallow sub-surface soil and ground water contamination. B. To improve the operating efficiency of the surface facility. C. To increase the surface storage volume of treated fluids and thus enhance the fluids handling and treatment process. These revisions and/or modifications to the surface facility were discussed, with both the EPS and the COGCC staffs after which verbal support for the changes was indicated. The following sections of this document describe the several engineering revisions and/or modifications proposed for the surface facility design and will formalize the proposed changes to the facility design previously discussed. An isolated segment of the master drawing is included in this r-� section to highlight the surface areas where the changes are proposed. SEE FOLLOWING PAGES IN THIS SECTION FOR COMPUTER SKETCHES TO tit \al • ri Si see19‘.. ff0' — Ili .410 le h i i i i ` Q k ` -� REFER TO COMPUTER O t�(1� _._ SKETCH SERIES"A" y OFFICE 2 . FOR DETAILS . r REFER TO SHEEP J , dY , (.1 • V M 20.5' If . . • \\ 4 • sr. -• ' ` -CONCRETE loot . ' NIxOR OEM TO Eli = S fr 10'I COfICi n M. ' ' �F�� TEST HOLE PACKED �. UNQER:•AIN • Q00' . • ,• • • . . ' •EE. .s .. RAVEL SU . .• • .: . • II ... : . . • e ' •. . • .. • •.. . •.. 1>ilLOP. ••y 't•1%fa*DIE, • S.• TEN LINE ip• EIB�EE�1 . .. J• � .,f .. . " awn110 t worn LII JAWE ,mnoxr' . _ . uNEO CELLAR tl0.l r g • _._ _ _ . __/ .. ^AO. .ABOVE CelOUNO.: pp SCUDS CONTROL; •• i O • SVBTEN • . TO COMPUTER SK ET� CONCRETE PRO:• REFER roue,W' �= ti saws sr FOR DETAILS •a • b .-,err • a0A0 r G 4-\ X O' .• iISEI w N if Introductionction - Page 2of2 X. I 2.0 Review of The Ramp Off Loading Facility: The dimensions of the concrete ramp offloading pad have not changed from the original plans. The pad thickness and slope gradients remain the same as do the thickness and heights of the ramp walls. However, the 3 ft. x 4 ft. drain trough has been eliminated as has been the original plan to dump the waste fluids directly from the trucks into the trough. Truck offloading will now be accomplished through the use of three separate 4 inch trash pumps mounted on individual concrete bases forming four separate "bays" within the ramp pad area. Please refer to Computer Sketch "Plate A -1" in this section for more details. The below ground trough has been replaced with a shallow (12 "w x 6 "d) "gutter" which will be a part of the concrete ramp and will separate the "entry" section of the ramp from the "exit" section of the ramp and in addition will feature a grate covering the gutter. This gutter will serve to trap all incidental fluid spillage, wash down fluids, and natural surface runoff. The trapped fluids will travel from the gutter into a lined concrete cellar constructed adjacent to the concrete ramp. Please refer to Computer Sketch "Plate A -2" in this section for more details on the gutter design. (The details of the lined concrete cellar are discussed later in this �- proposal.) S +r SEE FOLLOWING PAGES IN THIS SECTION FOR COMPUTER SKETCHES PLATE A - 1 ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL OFFLOADING RAMP (NOT TO SCALE) LEAK DETECTION RISER 200 FEET 160 FEET ■•kdo 60 FEET —Sr. 1 %SLOPE 4 IN.TRASH PUMPS 8 IN. X 4 FT.WALL \[/ 1:111 1 %SLOPE 100 FEET Q RAMP OFFLOAD SECTION 3%SLOPE 6 IN. X 12 IN. GRATEC ■ GUTTER 10 FT. X 10 FT.X 8 .� LINED WATE CELLAR 60 FT.X 90 FT. CONCRETE PAD PLATE A - 2 ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL RAMP GRATED GUTTER (NOT TO SCALE) REMOVABLE STEEL GRATE END VIEW TOP VIEW GRATED GUTTER SECTION CONCRETE RAMP PAD SECTION WATER DRAINS INTO LINED CELLAR 3.0 Review of The Leak Detection System: Although the below ground trough has been eliminated, a leak detection system will be retained in the revised plan. A 4 inch perforated SCH # 40 PVC pipe will be installed in a pea gravel bed directly below the gutter section of the concrete ramp as described in section 2. A 2 inch PVC riser will protrude 3 feet above ground on the outside north wall of the ramp pad to allow for periodic inspection. Please refer to Computer Sketch "Plate A - 3" in this section for more details on the Leak Detection System. p 14 r i 4 SEE FOLLOWING PAGES IN THIS SECTION FOR COMPUTER SKETCHES T PLATEA - 3 ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL RAMP LEAK DETECTION SYSTEM (NOT TO SCALE) END VIEVV /GRATED GUTTER SECTION 21NCH RISER 4 INCH PERFORATED PVC PIPE GRAVEL BED CONCRETE RAMP PAD SECTION TOP VIEW/ 2INCH RISER • .. C I 4 INCH PERFORATED PVC PIPE 4.0 Review of The Ramp Off Loading Process: As was previously mentioned, three separate 4 inch trash pumps will be mounted on individual concrete bases within the ramp pad area constituting four separate "bays" through which trucks may enter the ramp pad area. The use of multiple pump units will allow for the periodic maintenance and repair of individual pumps without sacrificing the service aspect of the facility. Please refer to Computer Sketch "Plate A - 4" in this section for more details. Suction hoses will be connected directly to the truck's discharge valve and with the units tank vent open, the fluid contents will be sucked off of the truck and into above ground transfer lines. Each pump unit will have its own dedicated overhead discharge line so that each pump may operate independently of the other pumps in the facility. These overhead discharge lines will dump directly into aboveground steel tanks where the solids control process will be accomplished. Please refer to Computer Sketch "Plate A - 5" in this section for more details. a 4- SEE FOLLOWING PAGES IN THIS SECTION FOR COMPUTER SKETCHES T 0 PLATEA - 4 ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL OFFLOADING TRASH PUMP SYSTEM (NOT TO SCALE) CROSS SECTION TO OVERHEAD LINES NOTE:THREE SEPARATE TRUCK BAYS Q WILL FEATURE INDIVIDUAL TRASH PUMPS TO FACILITATE OFFLOADING WASTE WATER FROM TRUCK UNITS DISCHARGE TRASH PUMP UNIT -{>-SUCTION CONCRETE PUMP SASE • CONCRETE WALL DRIVE THRU BAY CONCRETE RAMP PAD-END VIEW MINI END VIEW OF TRASH PUMP UNITS . "1` PLATEA - 5 ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL TRASH PUMP - DISCHARGE SYSTEM (NOT TO SCALE) CROSS SECTION 4 OVERHEAD DISCHARGE LINES TO SOLIDS CONTROL SYSTEM a. TRASH PUMP UNIT# 1 TRASH PUMP UNIT# 2 TRASH PUMP UNIT# 3 se- — I 1 3 CONCRETE RAMP SECTION - END VIEW S 5.0 Review of The Fugitive Fluid CollectionlUne Concrete Cellar unit: A below ground concrete "cellar" will be constructed as a part of the Solids Control Concrete Pad design. The cellar will be 10 feet square and 8 feet deep. The cellar will be treated with "Life last" polyurethane to produce a +/- 70 mil durable leak proof lining for the cellar. A 3 inch trash pump will be located on a concrete base adjacent to the cellar with a portable suction line stationed on the side of the cellar wall capable of removing fluids from the cellar and transferring those fluids to an overhead discharge line dumping to the above ground steel process tanks described elsewhere in this proposal. Any solids debris accumulating in the cellar will be periodically cleaned out using a backhoe unit with a rubber blade mounted to protect the liner. Please refer to Computer Sketch "Plate B - 1a" in this section for more details. a. SEE FOLLOWING PAGES IN THIS SECTION FOR COMPUTER SKETCHES 2 PLATE B - 1a ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL SOLIDS CONTROL SYSTEM - CELLAR UNIT (NOT TO SCALE) TOP VIEW CONCRETE RAMP PAD CONCRETE RAMP PAD RAMP SECTION GUTTER CONCRETE RAMP PAD WALL ...c2r-CELLAR TRASH PUMP SUCTION & DISCHARGE 10FT.X10DT.X8FT. C LINED CONCRETE CELLAR CONCRETE SOLIDS CONTROL PAD SIDE VIEW RAMP GUTTER SECTION CONCRETE RAMP PAD • CONCRETE RAMP PAD NOTE: ALL FLUID SPILLAGE& CELLAR VOLUME = 140 BBLS (42 GAUBBL) SURFACE RUN OFF ARE COLLECTED IN THE LINED CELLAR AND PUMPED TO THE SOLIDS CONTROL SYSTEM - n CO Review of The Solids Control Facility and System: The solids control process system will be accomplished on a concrete pad directly adjacent to the ramp off loading pad (the solids control pad replaces the original below ground settling pits and adjacent sand trap). The size of the pad will be 50 ft. x 90 ft. with a six inch concrete pad base and 6 inch high x six inch wide curbs. The curbs will serve as a containment for all accidental fluid spillage, wash down fluids, and natural run off. The pad will carry a 1 % slope to the lined cellar located in the northwest corner of the solids control pad. Please refer to Computer Sketch "Plate B - 2a" in this section for more details. The solids control pad is large enough to accommodate a variety of above ground portable steel tanks which will range in number from two to four depending on the seasonal volume of waste waters treated. Hydrocyclone desanding and desilting units will be utilized to separate the insoluble solids from the waste stream. Please refer to Computer Sketch "Plate B - 3a" in this section for more details. T SEE FOLLOWING PAGES IN THIS SECTION FOR COMPUTER SKETCHES T PLATE B - 2a ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL SOLIDS CONTROL PAD DETAILS (NOT TO SCALE) TOP VIEW _ szr RAMP SECTION GUTTER CONCRETE RAMP PAD LINED CONCRETE CELLAR----r>"; 6 IN.X 12 IN. CONCRETE SPLASH CURB 50 FT. X 90 FT. CONCRETE PAD (SOLIDS CONTROL SYSTEM) 6 IN. CONCRETE 1 %SLOPE TO - CELLAR PLATE B - 3a --- ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL SOLIDS CONTROL SYSTEM DETAIL (NOT TO SCALE) RAMP AREA I - I RAMP AREA OVERHEAD TRASH PUMP DUMP LINES -... , ,.■-CI--- CELLAR TRANSFER - PUMP 10 FT.X 10 FT.X 8 FT./A — LINED CELLAR FOR 61N.X S IN.CURB! Q// FUGITIVE FLUID COLLECTION DESANIO STEEL ROLLOFF UNR ..-------Cr NOTE:ALL FLUIDS FROM THE T MN.X s N.CURB .�1 TRUCKS&CELLAR ARE DESILT 0 ROUTED THROUGH THE UNIT SOLIDS CONTROL SYSTEM II FT.X 8 FT. X 30 FT. PRIOR TO DISCHARGE INTO STEEL SOLIDS REMOVAL 1 80 FT.X 90 FT.CONCRETE SLAB THE PUMP/FILTERING UNIT TANK FLOC SECTION 1 %SLOPE NOTE:THE SOLIDS DISCHARGED FROM THE DESANDER&DESILTER s FT.X e FT.X 30 FT. SUCTION UNITS ARE COLLECTED IN STEEL FLOCCULATION& SECTION THE ROLLOFF UNIT FOR SUCTION TANK OFF-SITE DISPOSAL OR ON-SITE LAND FARMING. Ii PUMPHOUSE&FILTER✓ .... " TO HEATER TANK -— 6 N.X G IN.CURB .-7 -T 7.0 Review of the Solids Control Process: Desanding Process: The discharge waste waters from the trash pumps and from the cellar pump will dump into the first section of the first steel tank in what is described as the "desanding" section. This fluid will be pumped to the desander hydrocyclone by a high pressure vane pump. A hydrocyclone operates on the principle of an internal vortex created by a centrifugal force that spins the lower density water molecule to the outside of the hydrocyclone - discharging this aqueous effluent through the overflow line while dropping the higher density solids out through the bottom of the hydrocyclone. The semi-dry solid underflow discharge will pass over slide trays and into a steel roll off unit where the collected solids will be periodically recycled or disposed of in an approved manner. This process is state of the art technology in drilling operations. Please refer to Computer Sketch "Plate B - 3b" in this section for more details. Desalting Process: The effluent (aqueous phase) from the desanding unit will travel through an overhead line into the desilter section of the first tank where a second high pressure vane pump will pick up the fluid and force it through a desilter hydrocyclone unit which will remove even smaller solid particulates. Again the solid underflow discharge will dump over a slide tray and into a steel roll off tank. The aqueous phase effluent will travel through an overhead line into the first section of the second steel tank. Please refer to Computer Sketch "Plate B - 3b" in this section for more details. Polymer Flocculaton Process: The effluent entering the first section of the second steel tank will receive a small injection of a bio-degradable anionic polymer which will cause the very fine solids to "aggregate" into larger particles. These larger particles will then settle to the bottom of the tank where, periodically, a portable trash pump will remove this solids debris for re- processing. Please refer to Computer Sketch "Plate B - 3b" in this section for more details. Suction Transfer Process: The free aqueous phase will cascade over the top of the steel divider in the second tank where water clarification will occur. From this clarification section of the second tank, the final stage water will be transferred to either a water heater unit and on through a water knock out unit to separate the water phase from the oil phase. The oil phase will be transferred to above ground oil storage tanks while the water phase will pass through a bag filter unit and into above ground storage tanks pending downhole injection. SEE FOLLOWING PAGES IN THIS SECTION FOR COMPUTER SKETCHES PLATE B - 3b ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL SOLIDS CONTROL SYSTEM PROCESS (NOT TO SCALE) TRASH PUMPS DESANDER DESILTER W G W FLOCCULATION SUCTION SECTION _ SECTION -/ fiw se" r1w _ ra ` I F spa f! 6 INCH CONCRETE PAD W/6 INCH CURB WALLS pUMPHOUSE&FILTER SOLIDS CONTROL PROCESS: WATER FROM THE OVERHEAD TRASH PUMP DISCHARGE LINES AND CELLAR ARE DELIVERED TO THE DESANDER SECTION FOR DESANDING;THE SOLIDS DISCHARGE DUMPS TO A ROLLOFF UNIT;THE EFFWENS TRANSFERRED TO THE LINED CELLAR DESILTER SECTION;THE SOUDS DISCHARGE DUMPS TO A ROU.OFF UNIT;THE EFFLUENT IS TRANS FERRED TO THE FLCCULATION SECTION WHERE COLLOIDAL SOUDS AGGREGATE AND SETTLE TO THE BOTTOM FOR PERIODIC REMOVAL AND RECYCLING;THE FINAL STAGE SURFACE RUN OFF WATER WATER IS TRANSFERRED TO THE SUCTION SECTION FOR FILTERING AND TRANSFER TO THE WATER TANK BATTERY PENDING DOWN HOLE INJECTION, n --r -� 8.0 Review of The Facility Line Distribution System: All water and oil handling and transfer lines will be installed above ground. The only facility line which will be buried will be the gas line which must be buried to a specified depth as per DOT regulations. The above ground lines will be supported in steel and/or wood "cradles positioned and designed to allow for back flow draining of the lines (gravity flow) in the event line repair is required. The principle advantage of above ground line distribution is the ability to easily inspect the line for leakage as well as quickly and inexpensively repair any leaks. Please refer to Computer Sketch "Plate B - 4a" in this section for more details. SEE FOLLOWING PAGES IN THIS SECTION FOR COMPUTER SKETCHES PLATE 4 - a ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL ABOVE GROUNoD LINE IT E DISTRIBUTION DESIGN (N SCAL END VIEW ABOVE GROUND PIPE � WOOD/STEEL CRADLE \ GROUND LEVEL ABOVE GROUND PIPE SIDE VIEW �\ WOOD/STEEL CRADLE GROUND LEVEL 9.0 Review of Facility Surface Storage System: The original plan called for an above ground water storage facility consisting of 6 - 500 bbl. tanks or a total of 3,000 bbls. of treated water storage. The revised plan proposes a potential 12 - 500 bbl. treated water storage tanks or a total of 6,000 bbls. of storage. The estimated injection volume of the disposal well will range from 2,500 to 4,000 bbls. per 24 hour period depending on COGCC guidelines. 3,000 bbis. of treated water storage could eventually limit the facility's ability to receive and treat waste water during periods of high volume. While the facility may start operations with 6 storage tanks, it is important that the permit allow for the necessary expansion of the storage system. The above ground water storage tank battery will be contained within a concrete structure will an 8 inch reinforced pad and 6 inch reinforced walls. For example, 12 - 500 bbl tanks will occupy a total of 1,356 sq. ft. of space inside the structure. Allowing for 3 feet clearance on each end of the tank battery and 3 feet on each side of the tank battery as well as 6 feet spacing between each tank indicates a containment structure uctuthat p366efeet wide and 108 feet long (I.D.). A six tank battery will obviously occupy one-halfSPCC regulations require that a regulated containment facility shall provide 110 % containment volume of the largest tank in the battery. For this facility, a factor of 120 % will _ be used as an added safety margin. The cubic volume of a 500 bbl. tank is 2880 cu. ft. 120 % of this volume is 3,360 cu. ft. The square footage of the inside dimensions less the displacement volume of the 11 additional tanks is (3,888 sq. ft. - 1,243 sq. ft.) is 2,645 sq. ft. or 2,645 cu. ft. for a 1 foot depth. Therefore, a concrete wall 24 inches in height represents a -T total of 5,290 cu. ft. or 183 % of the regulated minimum capacity. Initially, only six - 500 bbl. tanks will be installed inside the concrete structure (as is presented in the original plan) or approximately 36 ft W x 54 ft. L.) However, Enviro-Cycle, LLC is requesting that approval be granted for allowing expansion of the storage facility at some future date. Please refer to Computer Sketch "Plate B - 5a" in this section for more details. SEE FOLLOWING PAGES IN THIS SECTION FOR COMPUTER SKETCHES PLATE B - 5a ENVIRO-CYCLE. LLC GEARLDINE # 1 DISPOSAL WELL CONTAINMENT FACILITY -TREATED WATER STORAGE (NOT TO SCALE) END VIEW SIX FEET SPACE 500 BBL TANK 500 BBL TANK --C- \[/ - .7 6 IN.X 2 FT CONCRETE WALL 3 FT. SPACE ---------- \I N --T. • • .. ... . . . . •.. . ... .. - • "c: -.."---- 8 IN. CONCRETE PAD TOP VIEW A ...._ . 36 FT. FUTURE STORA.:..._E.,....TANK UNITS 1 li 1 i; „ . . 0 0 0 1 . „ \ is _. \ i --, ___. APPENDIX DEPARTMENT OF NATURAL RESOURCES STATE OF Bill Owens, Governor t d COLORADO 1120 Bill ,,Suitev o > � / Denver,CO 80203 _ - 01 O,/� Phone: (303)894-2100 ,�GAS A FAX: (303)894-2109 J • www.dnrstate.co.udoil-gas CONSERVATION COMMISSION April 27, 1999 Weld County Board of County Commissioners PO 758 Greeley, CO 80632 Re: Envirocycle, LLC Geraldine #1 Water Disposal Well NW% NW% Section32 T4N R65W Dear Commissioners, The Colorado Oil and Gas Conservation Commission has reviewed the application by Envirocycle, LLC, to construct and operate a water disposal well in Weld County. The well will be a commercial disposal well and is designed to inject a maximum of 4000 barrels of water per day. The COGCC has jurisdiction to review and approve all parts of this specific facility. We have requested and received additional information from Envirocycle, LLC, concerning construction of surface facilities. The COGCC approves of their general design and the latest revisions. We cannot give Envirocycle, LLC, final approval to begin injection until the Geraldine #1 well is drilled and completes final permit requirements. We hope this letter clarifies our position. Please contact me if you have any additional questions regarding this well. Sincerely, David K. Dillon Engineering Supervisor cc: Ms. Julie Chester, Weld County Planning Department Mr. Trevor Jiricek, Weld County Health Department Mr. Lee Morrison, Weld County Attorney's Office Mr. Cliff Roberts, ASCE DEPARTMENT OF NATURAL RESOURCES: Greg E.Watcher,Executive Director COGCC COMMISSION: Alvan None•Bruce Johnson•Michael Mr•Abe PhlWpe•Claude Rttna•Daniel Skrabacz•Stephen Sonnenberg COGCC STAFF: Regard T.Grading,Director•Brien J.Macke,Deputy Director•Made Bel.Operations Manager Patricia C.Beaver,Hearings Manage•Thomas J.Kerr,Manager d Information System• Ofkrarg MEMORANDUM TO: Board of County Commissioners May 19, 1999 COLORADO From: Julie A. Chester, Lead Planner SUBJECT: Enviro-Cycle LLC/Boatright The Department of Planning Services has reviewed the amended application for the proposed facility and is recommending to incorporate the additional conditions of approval and development standards provided by the Department of Public Health and Environment. Staff is also proposing adding the following condition and development standard: Condition of approval: 2. E. 4.) A"No right turn, local traffic only" sign posted at the entrance/exit to the proposed facility. Development standard: 28. Truck traffic from the facility shall exit only to the west on WCR 40, unless those trucks have wellhead access served by WCR 40. All development standards shall be renumbered to reflect the changes. Staff also has some concerns regarding ownership of the property. The original application was submitted by Howard Boatright,who is no longer associated with the facility. Through conversations with Clif Roberts, representative for the applicant, it has been brought to our attention that the property is owned by Mike Cervi. In light of previous problems with other Special Review Permits, the Department of Planning Services requests this concern be addressed. CHEMICAL APPLICATIONS & ENGINEERING,INC. P.O. Box 1335,Lyons, CO 80540 ni CAE Mr. Jerry Westbrook Manager Northern Colorado Water Conservancy District P.O. Box 679 Loveland, CO 80539 Re: Request for Petition Documents Subject: Enviro Cycle, LLC Geraldine # 1 Disposal Well.Facility NW/4, Section 32, T4N, R65W, 6th P.M. Weld County, Colorado • Dear Jerry, This is to advise you that as a part of the conditions for approval of a Use by Special Review (USR) by the Weld County Board of Commissioners (and as stipulated by the La Salle, Colorado Fire Protection District), my client, Enviro-Cycle, LLC, is required to purchase and install a 6 inch low pressure water line from the Central Weld County Water District to be used exclusively by the La Salle, Colorado Fire Protection District at the site. As per you instructions, I am requesting that your office send me the documents necessary to petition inclusion of Section 32, T4N, R65W, 6th P.M. , Weld County, Colorado into the Northern Colorado Water Conservancy District. It is my understanding that, at present, while sections 29, 31 and 33, 34 & 35 are included in the subject district, section 32 is not. I also understand that you will be enclosing among the petition documents the documents required by the United States Bureau of Reclamation. As soon as we receive the requested documents, we will complete the same and initiate the petition process. Thank you, in advance, for your cooperation in this matter. Yours Truly, -P L.C. "Cliff' Roberts, ASCE Project Engineer PC:' Mr. John W. Zadel, Central Weld County Water District Ms. Julie Chester, Weld County Planning Mr. Lee Morrison, Weld County Attorney's Office Mr. Mike Cervi, Enviro-Cycle, LLC Office: 303/823-9091 Mobile: 303/548-7085 Fax: 303/823-9091 Serving Industry with Environmental Solutions Since 1982 QleCHEMICAL APPLICATIONS & ENGINEERING,INC. P.O. Box 1335, Lyons,CO 80540 CAE May 17, 1999 Mr. John Zadel Manager Central Weld County Water District 2235 2nd. Ave. Greeley, CO 80632 Re: Request for 6 inch Water Tap Subject: Enviro Cycle, LLC Geraldine # 1 Disposal Well Facility NW/4, Section 32, T4N, R65W, 6th P.M. Weld County, Colorado Dear John, • As you may be aware, a Use by Special Review (USR) application will come before the Weld County Board of Commissioners on May 19 related to the above subject project. My company was recently engaged by the principals of Enviro-Cycle, LLC to serve as project T engineers for the proposed facility. In researching all of the documents related to the permit process for the proposed facility I have failed to find any documents related to a formal request for a 6 inch low pressure water tap which is being stipulated as a condition by the La Salle Fire Protection District. I have already discovered that in order for your district to issue such a permit, we must first petition the Northern Colorado Water Conservancy District (NCWCD) for inclusion of Section 32 into the NCWCD. This petitioning process will also include a review and approval by the United States Bureau of Reclamation -the entire petitioning process being coordinated through the NCWCD. During the interim period between the petition submittal and eventual approval dates, could you please specify for us your requirements, engineering design, and fees for a 6 inch water line to tap into your 12 inch main water line which we understand is located in the R.O.W. of WCR# 39. The use of this line will be for the exclusive use of the LaSalle Fire Protection District. A second matter which I would like clarification on is the status of my clients previous request for a standard low volume water tap for the office and restroom facilities. Any information you could provide me in this regard will be greatly appreciated. Yours Truly, L.C. "Cliff' Roberts, ASCE Project Engineer PC:' Ms. Julie Chester, Weld County Planning Mr. Lee Morrison, Weld County Attorney's Office Mr. Mike Cervi, Enviro-Cycle, LLC Office: 303/823-9091 Mobile: 303/548-7085 Fax: 303/823-9091 Serving Industry with Environmental Solutions Since 1982 WARRANTY DEED Grantor(s), MP INVESTMENTS, LLC, a Colorado Limited Liability Company whose address is 5801 W. 11th Street, Greeley, CO 80634 for the consideration of the sum of One Hundred Forty Four Thousand and 'ho/100ths($144,000.00)Dollars, in hand paid, hereby sell(s) and convey(s)to ENVIROCYCLE, LLC, a Colorado Limited Liability Company whose legal address is: 103 Sierra Street, Sterli g2CO 80751 the following real property in the the County of Weld and State of Colorado, to wit: Lot B ofRecorded Exemption No. 1055-31-2-RE2367, recorded May 7, 1999 as Reception No. 2692540, being a part of the N1/2 of the NW1/4 of Section 32, Township 4 North, Range 65 West of the 6th P.M, County of Weld, State of Colorado. also known by street and number as: n/a with all its appurtenances, and warrant(s)the title to the same, subject to: ,I Signed this/4 day of May,f„1999 MP INVESTMENTS, LLC, a Colorado I I Limited Liability Company By: 1� B „ Patrick B. Roche Manager State of Colorado ), County of Weld ) - The foregoing was aclrnvwledged bcfuic this /O-day of May, 1999;by Patrick B. Roche, Manager of MP Investments,LLC, a Colorado Limited Liability Company. sires: l e o 2oo/ official seal. fit ? I Notary Public OP cOt• " DiCmnalint li .IMRMIt WARRANTY DEED(SIMPLE) j Not Commissioned Approved. Computerized Legal Eons,Inc.PA.Box 370424 Denver CO 80237 (303)779-0376 0 1995 All rights reserved. ` RESUME SUMMARY LC. "CLIFF"ROBERTS EDUCATION: A.S IN GENERAL CHEMISTRY B.S IN ORGANIC CHEMISTRY M.S. IN CIVIL ENGINEERING CERTIFICATIONS: AMERICAN SOCIETY OF CIVIL ENGINEERS AMERICAN SOCIETY OF,PETROLEUM ENGINEERS AFFILIATIONS: PAST BOARD MEMBER = COLORADO OIL & GAS ASSC. PAST BOARD MEMBER - ST. VRAIN-LEFT HAND WATER CONSERVANCY DISTRICT# 6 PAST MAYOR AND BOARD MEMBER - TOWN OF LYONS PAST MEMBER/ABSTRACT COMMITTEE - COLORADO SCHOOL OF , MINES OCCUPATION: CONSULTING CIVIL/ENVIRONMENTAL ENGINEER COW/CALF OPERATOR.:-:LARIMER/ WELD COUNTIES PROFESSIONAL EXPERIENCE: RESEARCH CHEMIST-KELCO DIVISION OF MERCK & CO. V.P./ MANAGER OF TECHNICAL SERVICES - NEWPARK RESOURCES COMPANY'- ROCKY MOUNTAINS SENIOR STAFF DRILLING & ENVIRONMENTAL ENGINEER - MOBIL OIL CORPORATION, U.S., CANADA, AND INDONESIA EXTENSIVE ENVIRONMENTAL RECLAMATION PROJECT ENGINEERING DESIGN AND SUPERVISION IN ADAMS, ARAPAHOE, BOULDER, ELBERT, LARIMER, MORGAN AND WELD COUNTIES CONSULTING PROJECT ENGINEER FOR AGRICULTURE AND OIL & GAS INDUSTRY FOR PAST TEN YEARS EXPERT WITNESS STATUS: QUALIFIED FOR COGCC HEARINGS WELD COUNTY COURT STATE AND FEDERAL COURT IN CASES RELATED TO STATE AND FEDERAL ENVIRONMENTAL LAW AND RECLAMATION ENGINEERING PRACTICES. rn Case Special Review Permit#1198 File No. PL1258 Oil and Gas Support and Service Enviro Cycle, LLC c/o Howard Boatright South of WCR 40 &east of and adjacent to WCR 39 NW part of Sect. 32 T4NR65W 6th PM Weld Co. Colorado. This paper is prepared by James L. Oster, 19923 WCR 43 La Salle, CO 80645. Concerns and questions prepared after studying Permit#1198, File No. PL1258 on April 15, 1999 GENERAL QUESTIONS/CONCERNS 1. Explain what is required to obtain a Certificate of Designation for Enviro Cycle LLC,Howard Boatright,and why the Board of Commissioners, Weld County is not requiring such? 2. Has the Oil & Gas Commission completed its review of the receiving facility? And what are the requirements? 3. The file has a Vacant Land/Farm and Ranch Contract to buy and sell real estate, dated May 23,1998 Buyer: Howard Boatright Selling Company: New Horizons and Associates Janet DePetro Contract Expiration date August 10, 1998 or 3 calendar days following the resolution deadline. The contract had a provision to sell 5 shares of FRICO-Barr division water. Ouestion: Is this contract still valid? 4. The file has a counterproposal contract,June 3, 1998. Buyer: Howard Boatright Seller: Mark Strodtman Page 3. Item#7 states"There shall not be any water rights." Counterproposal shall expire on or before June 5, 1998. The counterproposal was signed by Mark Strodtman, seller, and Howard Boatright,buyer, on June 4, 1998. Question Is the counter proposal a valid contract now and is the land selling with water rights? Conre='1 The application that the planning commission acted upon stated,"the applicant has demonstrated a diligent effort to conserve productive agriculture land." Ouestion How can diligent effort to conserve productive agriculture land take place when the counterproposal contract of June 3, 1998,page 3, item#7 states"There shall not be any water rights." Page 2 Concern If this 80 acres of land, less 8 acres for the injection site, or 72 acres of farmland would have 5 shares of Barr(FRICO) water. In my opinion, 5 shares of Barr water is not enough water to demonstrate a diligent effort to conserve productive agriculture land for 72 acres of farmland. APPLICATION EXHIBIT B-- Sept. 24, 1998 Page la Sect. 24.31.1 states"Weld Comprehensive Plan-Preserve prime farmland for agricultural purposes. The proposal will remove approximately 8 acres from farm production. Page 2F. The applicant had demonstrated a diligent effort to conserve productive agriculture land the subject will occupy 8 acres of the 80 acre parcel. Concern How can this be demonstrated if no water rights are purchased? USE BY SPECIAL REVIEW QUESTIONNAIRE Supplied by Applicant in the file labeled Application T Item#1 Ouestion How is this proposal consistent with the Weld County Comprehensive Plan? Answer The proposal is consistent with the goals to preserve or maximize the impact on prime agriculture land. Use: 8 acres out of 80 acres Concern How can diligent agriculture use of the remaining acres take place without irrigation water? Item#21 Ouestion Explain any proposed reclamation procedure when termination of the Special Review was beginning. Answer The area will be reclaimed by returning the land to agriculture use. Concern How can this be accomplished when no water rights were purchased? m Page 3 Item #5 Ouestion Is the property located within a flood hazard zone, geological hazard zone Answez No Cop rera There is a geological fault in Section 28,27, & 23 T4N, R65W, Section 28 is just approximately .75 miles from the injector site. I would like to see the geological study for section 32 to see that no geological faults are located near the injector site and if there is a geological fault, what problem could develop due to the fault and injection liquid into the fault. The possibility of this injector well causing contamination of ground water should be addressed. Item#23 Ouestion Who will provide fire protection for the site? Answer La Salle Fire Protection District. Co T ncern I spoke with Mr. Gary Sandau after the March 3, 1999, hearing. He told me he has never been informed regarding any hearing date for the application after he wrote his Aug. 10, 1998, letter which is in the Red Book file. Question Has the applicant complied with the requirements asked for in Mr Gary Sandau's La Salle Fire Protection District Letter? Concern Mr Sandau listed needs in this letter of Aug. 10, 1998. Some of them are as described below. I. Fire hydrants installed at the facility per La Salle Fire Protection District specifications. 2. A six inch water line attached to two hydrants and a minimum pressure of 20 psi at the two hydrants. Concern After looking through all the papers in this file, I observe no response to Mr. Sandau's requirements from the application. T Page 4 Item #24 Ouestion Who will provide water to the site? Answer Water will be provided by Central Weld Water Conservancy District. concerns 1. This is an incorrect answer. Central Weld Water Conservancy District is an organization that augments irrigation wells. The answer should be Central Weld County Water District. 2. There is a letter in the file from John. W. Zadel: manager-Central Weld County Water District. July 7, 1998. Here are quotes from Mr. Zadel's letter. "Water service can be made available to the above described property provided all requirements of Central Weld County Water District,Northern Colorado Water Conservancy District and the U.S. Bureau of Reclamation are satisfied. Please note that you are responsible for confirming that the property has met the requirements of Northern Colorado Water Conservancy District and the Bureau. Central Weld cannot issue a tap until all requirements are satisfied." 3. I observe that there are no letters from Northern Colorado Water Conservancy District nor are there letters from the U.S. Bureau of Reclamation in the applicant file.Nor is there a plan to construct a 6" water line as required by the La Salle Fire Protection District. The counterproposal of June 3. 1998, page 1 Item#5 states `Boatright shall have the sole responsibility for the installation of a domestic water source either through CWCWD or Division of Water Resources for a domestic well." Concern There is no evidence of a plan by Mr. Boatright to provide water for the injector well project. SPECIAL REVIEW PERMIT HEARING SEPT. 15. 1998 Page 6 Item#3 The facility shall be constructed and operated to ensure that contamination of soil and ground water does not occur. (Health Department) Item#5 . A safe and adequate fresh water supply shall be available on the facility. (Health Department) Page 5 T Item #16 Upon cessation of injection activities a detailed closure plan shall be submitted to the Environmental Protection Service for review and approval. This shall include the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. No structures or equipment associated with the facility shall remain on the property following closure. (Health Department) Concern I believe the detailed plan for closure should be submitted prior to the county Board of Commissioners approving the injector well permit and require a large bond prior to approving the permit along with detailed written regulations of construction and operation be signed by the applicant prior to issuing any permit for the injector well. If no bond is required prior to the issuing of the permit or closure plan is required prior to issuing the permit; this could allow Mr. Boatright or his future assignee at sometime in the future just to walk away from this injector operation and leave the county and possibly neighboring farm land owners with the responsibility to clean up the problem to avoid contamination to their land. APPENDIX B—WELD COUNTY ROAD ACCESS INFORMATION WRITTEN STATEMENT Rd 39 to Road 40: Applicant proposes to pave WCR 40 from said intersection 39 to the proposed entrance. Concern I believe prior to issuing the permit Mr. Boatright should be expected to sign a document that he will pave the part of RD 40 and not just give a statement of proposal. What assurance is there that the truck traffic will-use WCR 39 and on to WCR 40 and not use the gravel part of WCR 43 to WCR 40; or travel from WCR 49, a paved road, to the graveled road WCR 42 onto WCR 43 then to WCR 40. If trucks are coming off the paved road WCR 49 they should go to WCR 44 then to WCR 39 and then to WCR 40 to: 1. prevent much damage to the surrounding graveled road. 2. prevent the enormous dust the trucks make on the graveled roads. 3. help prevent serious safety concerns with low visibility 4. help prevent lack of stopping at posted stop signs. Failure to stop at stop signs is a standard we already observe very frequently by some drivers of oil industry vehicles. Re ectfully submitted, Fsd James L. Oster Lelia E. Oster 1 - - i • 0 _ to to _ __ To: Julie Chester, W.C. Planning Date: May 12, 1999 nre. From: Trevor Jiricek, W.C. Department of Public Healt and Environment \ C. Subject: USR-1198, Enviro-Cycle, LLC Y COLORADO As you are aware, the applicants representative has submitted an amended application for this proposed facility. The amended application, including drawings, were received under cover letter dated May 6, 1999. We have reviewed this information. Due in part to this review we have several recommendations concerning the proposed Conditions of Approval and Development Standards. They are: Condition of Approval 3.C. should be amended to state the following: The "lined cellar" and the "above ground solids control system" shall be appropriately covered or netted to protect people and wildlife from entering. The method of covering or netting shall be approved, in writing, by the Weld County Department of Public Health and Environment. Condition of Approval 3.D. should be amended to state the following: The applicant shall submit evidence to the Weld County Health and Planning Departments and the Colorado Oil and Gas Conservation Commission that the facility was constructed in accordance with the application materials. These primarily include the text and drawings dated May 6, 1999, addressed to Julie Chester of the Planning Department. We also recommend three (3) additional Conditions of Approval. These would be Conditions of Approval 3.G., 3.H, and 3.I. They are as follows: Condition of Approval 3.G. should state: Solids and sediment will accumulate in the "solids control system" and the storage tanks. The facility shall submit a detailed plan that describes the method that solids will be removed, including all on-site handling procedures. The plan should also provide the name, address, and phone number of the facility where the solids and sediment will be treated and/or disposed. The plan shall provide a commitment to notify the Department of Public Health and Environment, in writing, in the event the plan is amended. The plan shall be reviewed and approved by the Department of Public Health and Environment. EXHIBIT 1,6e #//qa i USR-1198, Enviro-Cycle, LLC May 12, 1999 Page 2 Condition of Approval 3.H. should state: A detailed closure plan shall be submitted to the Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission. The closure plan shall include a description of the manner that the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. No structures or equipment associated with the facility shall remain on the property following closure. Condition of Approval 3.I. should state: The facility shall post financial assurance with the Colorado Oil and Gas Conservation Commission(COGCC). The financial assurance shall be adequate to cover a third-party closure of the facility,that includes the plugging and abandonment of the well, in accordance with industry standards, and the removal of all structures (including concrete) on the facility. The site shall be returned to its original grade. In the event the COGCC does not have the authority to require financial assurance for the entire cost required for third-party closure,the facility shall post the remainder of the financial assurance with Weld County. The facility shall submit evidence to the Department of Public Health and Environment and the Planning Department that the appropriate financial assurance has been obtained. Development Standard#5 should be amended to state: The facility shall obtain water from the Central Weld County Water District. If Condition of Approval 3.I. (above) is found to be acceptable Development Standard#16 should be deleted. Development Standard#21 should be amended to state: A biocide shall be injected into fluids received at the facility. Development Standard#22 should be amended to state: The integrity of the approved covering over the "lined cellar" and the "above ground solids control system" shall be maintained to protect people and wildlife from entering. We believe that the above recommendations will make the conditions of USR-1198 more thorough and accurate. If you have any questions, please call me at extension 2209. fiipsta0 MEMORANDUM TO: Board of County Commissioners December 28, 1998 wiikFROM: Esther Gesick, Deputy Clerk to the Board COLORADO SUBJECT: USR#1198 - Enviro-Cycle, LLC, % Howard Boatright At the December 21, 1998, hearing the Board continued USR#1198 to January 20, 1998, at 10:00. Following last Monday's meeting I discovered that Glenn Vaad and Mike Giele will be at a CCI Conference the 20th and this date won't work for the State Health Department. Trevor Jiricek, State Health representatives, Oil and Gas Commission representatives, and the applicant have indicated they will be able to attend January 27, 1999. Since a notice has already been published, we will have to call up the hearing on the 20th and continue to the 27th at that time. Notices will be sent to the surrounding property owners of the new hearing date. NOT APPROVED APPROVED George ✓ Bill V/ Connie ✓� Dale Barbara i/ M:\ESTHER\MEENVIRO _ EXHIBIT 1-1Jf ust2 41 IN Hello