HomeMy WebLinkAbout20251983.tiffResolution
Approve Third -Party Supplemental Environmental Project (SEP) Agreement for
Weld County Hazmat Training and Augmentation, and Authorize Chair to Sign —
Various Entities
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with a Third -Party Supplemental Environmental
Project (SEP) Agreement for Weld County Hazmat Training and Augmentation among
the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Office of Emergency Management,
Owens -Brockway Glass Container, Inc., and the Colorado Department of Public Health
and Environment, Division of Air Pollution Control, commencing upon full execution of
agreement, and ending April 30, 2026, with further terms and conditions being as stated
in said agreement, and
Whereas, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Third -Party Supplemental Environmental Project (SEP) Agreement for
Weld County Hazmat Training and Augmentation among the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Office of Emergency Management, Owens -Brockway Glass Container, Inc., and
the Colorado Department of Public Health and Environment, Division of Air Pollution
Control, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
olr/ob/ZS
2025-1983
EM0021
Third -Party Supplemental Environmental Project (SEP) Agreement for Weld County
Hazmat Training and Augmentation — Various Entities
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 14th day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Excused
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1983
EM0021
C ovri-vac-HD- 9-73 Co
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Special Environmental Project Grant
DEPARTMENT: Emergency Management
PERSON REQUESTING: Roy Rudisill
DATE: May 19, 2025
Brief description of the problem/issue: Commissioners, CDPHE contacted me and advised of an
opportunity for a Special Environmental Project Grant (SEPG) for Weld County. This project was undertaken in
connection with the settlement of an enforcement action taken by the Colorado Department of Public Health
and Environment for violations of environmental laws and regulations from the Owen's Illinois Bottling plant.
The grant fund is in lieu of fines to the company. The funding is identified for equipment and training in the
amount of $121,200.00.
The funding is provided directly from Owen's Illinois and will be provided through CDPHE up front and there is
no reimbursement requirement. Funding is intended for the local response agencies to receive equipment and
training. The Owen's Illinois plant is in the Windsor Severance Fire District so the funding will focus on their
equipment and training needs and will support the Greely Fire Hazmat Team if funding allows. I contacted
Chief Kuznik with Greeley Fire, and Chief Angermuller with Windsor-Severence Fire District, they both agree to
accept the equipment and participate in the training.
The training will be a Railroad Tank Car Safety training support by DFPC and OEM. This type of training is in
high need for fire agencies.
The equipment purchase will be focused on Air Monitoring equipment, personal and remote monitoring
systems.
The SEP grant application needs to be submitted by the end of May 30th, so this request is time
sensitive.
What options exist for the Board? Accept the SEP funds and allow OEM to manage the project and
purchase the equipment for the response agencies.
Decline funds
Consequences: No direct consequence to Weld County, funding may be redirected to other State
projects
Impacts: No direct impacts to Weld County
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): No recurring costs, funding will
be directed to fire agencies, any costs for calibration and or maintenance with be the responsibility of
the receiving agencies.
2025-1983
��� EMOOZ1
Recommendation: Allow OEM to coordinate and process the SEP application and support the project. OEM
will enter the application into the OnBase and schedule the application for an upcoming BOCC meeting.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
apI "'c,VPrl Vl 0.Ema.d,
�tr
1�
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Scott James
Wednesday, May 21, 2025 7:31 PM
Roy Rudisill
Karla Ford; Houstan Aragon
Re: Pass around Memo -Special Environmental Project Grant- Air Monitoring Equipment
for Hazmat Incidents.
I approve - please distribute to the rest of the BOCC. I will not be in the office for the next two days, so please mark
me as approving the pass around, as well.
**Sent from my iPhone **
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential or
otherwise arotected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
On May 21, 2025, at 4:07 PM, Roy Rudisill <Rudisill@weld.gov>wrote:
Commissioner James, attached is the pass around memo related to the funding for the air
monitoring equipment for the Fire and Hazmat team. I've also attached a copy of the application.
Please confirm you approve for this to be shared with the rest of the Board for their review.
<image001.png>
1
Third -Party Supplemental
Environmental Project (SEP)
Proposal / Agreement
Third -Party Liable (Revised 12/19/2023)
Document is completed by the third -party SEP administrator.
The third -party SEP administrator, identified below, submits the following SEP agreement
proposal to the Colorado Department of Public Health and Environment (the department) for
consideration. If the application is approved, it shall be signed by appropriate representatives
of the department. If the approved document is then signed by the applicant, it shall serve as
the SEP agreement for the project(s) at issue.
Enforcement action information
Regulated entity name: OWENS-BROCKWAY GLASS CONTAINER INC.
Enforcement case no.: 2023-094 and 2024-050
Regulated entity
John Dinges, Environmental Manager
O-1
11133 Eastman Park Drive
Windsor, CO 80550
(970) 581 5972
john.dinges@o-i.com
Third -party SEP administrator
Primary Contact:
Roy Rudisill, Director
Weld County Office of Emergency Management
1150 O Street
PO Box 758
Greeley Co, 80632
970-400-3990
rrudisill@weld.gov
Additional Contact:
1
David Burns, Sr Emergency Management Coordinator
Weld County Office of Emergency Management
1150 O Street
PO Box 758
Greeley Co, 80632
970-400-3993
dburns@weld.8ov
Type of organization
Government
Department SEP Coordinator
Alexander Scherer
(720) 515-0236
alex.scherer@state.co.us
Geographic area served
Weld County
SEP category
Public Health and Safety
Project title
Weld County Hazmat Training and Augmentation
Project summary and description
Problem Statement
Hazardous materials emergency response equipment poses a unique challenge for fire
departments and other jurisdictions to own, maintain, and ensure readiness. Hazard
identification equipment, such as air monitors, poses an additional challenge for agencies.
Devices are expensive to purchase, require routine calibration and individual sensor
replacement, and over time degrade in functionality, resulting in devices reaching the end of
life faster. Compounded by the overall low frequency (but extremely high consequence) of
hazmat incident responses, many agencies struggle to keep and maintain optimum equipment
to perform the air monitoring tasks essential to support response to large incidents.
Additionally, training in specialized disciplines poses a challenge for agencies. Specifically,
training in railroad equipment, where many hazardous materials of a wide and often unique
2
vanety are transported, is a known vulnerability of agencies on a statewide level, and in Weld
County
Goals and Oblectives
Provide the City of Greeley Fire Department with 4 (four) new hazardous matenals
remote air monitoring devices and 3 (three) personal gas monitors, including
calibration equipment
2 Provide the Windsor -Severance Fire Protection Distnct with 4 (four) new remote
hazardous matenals air momtonng devices and 3 (three) personal gas monitors,
including calibration equipment
3 Deliver one "Tank Car Specialist" course for local first responders in Weld County.
4 Deliver one or more railroad familianzation courses within Weld County for local first.
responders
Prolect Partners
1 Weld Office of Emergency Management
2 Windsor -Severance Fire Distnct
3 Greely Fire Department Hazmat Team
Protect Benefits
Air Monitors:
Remote hazardous materials air monitoring devices help fire departments by significantly
improving responder safety, reducing on -scene time, and accelerating data collection They
allow a more cautious and defensive approach to hazardous materials incidents, allowing
firefighters to remain outside the "hot zone" while still gathering critical information This
information helps them better understand the nature and extent of the hazard, allowing them
to make informed decisions about response strategies, personal protective equipment, and
the safety of the surrounding area
These devices can quickly identify the presence and type of hazardous materials, even from a
distance, allowing responders to assess the situation more effectively Using remote devices
to collect data will enable firefighters to minimize their exposure to hazardous materials,
protecting their health and safety The data collected by remote monitors allows for better
3
planning of response strategies, such as establishing safe zones, identifying routes for
evacuation, and selecting appropriate personal protective equipment.
These devices help protect the public by providing information on the extent and nature of
the hazard, allowing for timely evacuation and other safety measures.
Training:
Tank car specialist and railroad familiarization classes for hazardous response offer several
key benefits, including enhanced safety, improved response capabilities, and a deeper
understanding of rail transportation and hazardous materials incidents. It provides specific
training for railroad tank car incidents, including hazmat events, beyond traditional hazmat
technician training. Hazmat training, including specialist courses, protects personnel and the
public from hazardous substances. Tank car specialist training focuses on the specific risks
and responses needed in rail transportation scenarios.
Project workplan
Activities
/
Deliverables
Staff
responsible
Due date
Proposed
implementation
start
date
Weld
County
Within
effective
Consent
30 days
date
Order
of
of
the
the
Funds
delivered
Weld
County
July
15,
2025
Request
for
equipment
Proposal
(RFP)
for
Weld
Count
y
August
30, 2025
Deploy
equipment
Weld
County
Oct
31,2025
Train
responders
on
and drill
equipment/
test
Weld
agencies
OEM,
and
Vendor
Fire
December
31,
2025
Biannual
status
report
due
Weld
County
Dec 31,
2025
Project
completion
date
Weld
County
March
31,
2026
SEP
completion
report
due
Weld
County
April
30, 2026
4
Expected environmental and/or public health measures/results
Environmental/Public Health Benefits
Description of
Environmental and/or
Public Health Benefits
Estimated Value of Benefit How Will the Benefit be
Quantified or Measured
Responders trained for
railroad incidents
First responder training on
safety issues and proper
response actions to "take
car" hazmat incidents'.
Response to incidents and
testing during training.
Responders equipped with
personal and remote air
monitors.
This is a safety update for
responders and citizens. This
will help to identify the need
for evacuations or shelter -in -
place orders. The personal
monitors will provide
responders with the needed
personal protective
equipment (PPE) for
incidents in their
jurisdictions.
Training and incident response
will be monitored and how the
equipment will benefit the
agencies. The main benefit is
to provide up to date and
current gas monitors to fire
agencies.
' A "take car" hazmat incident refers to a situation where hazardous materials are being transported in a vehicle
and a spill or release occurs. This can happen during loading, unloading, or while the vehicle is in motion. When
such incidents occur, it's crucial to take steps to protect yourself, others, and the environment, and to report the
incident to the appropriate authorities.
5
Project budget
Budget Table
Category -
Description
SEP Funds
Matching
funds (if
applicable)
Total cost
Financial Records
Provided at the End
of SEP"
Equipment/Supplies
Air Momtonng
System kit X2
with base
includes 4
monitors each,
total of 8
monitors
Includes
calibration
equipment and
cases
$g5,i80
_
$8,80,
$93,988
Invoice
Personal gas
monitors X 6
Includes
calibration of
equipment and
cases
$35,820 00
$35,820 00
Invoice
Food for
trainings
$200
Contractors/subcontractors
Tank Car
Specialist Class
Via contract
with SERTC or
Ambipar8'
$0
I
$0
Railroad
Familianzation
class offered by
UPRR'
$0
i
$0
6
Total Dollar Amount: $121,200
$8,808 I $130,008
*Homeland Security and other vendors cover and pay for the rail car training at no cost
to responders.
** Vendor discount for government contract.
Please note: Any categorical changes exceeding 10% of the total budget require prior
written approval from CDPHE through a SEP Modification.
Failure to provide the listed financial information may result in the Department terminating
the SEP, requiring the third party to forfeit funding, and/or deciding that the third party is
no longer eligible to receive SEP funds in the future. The Department may require that
financial information be provided with status reports and maintains discretion of what
financial records are required.
Budget discussion
Equipment costs are based on the quote provided by Becker Safety and Supply.
Other relevant information
Blackline Air Monitor Information:
THE POWER OF CONNECTED SAFETY
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Reporting requirements
Biannual status reports
The SEP administrator will submit a biannual project status report to the department's SEP
coordinator. Status reports will include, at a minimum, the following information and be
submitted using the department's status report form:
• A description of activities completed to date;
• A budget summary table listing funds expended to date by budget category; and
7
• A discussion of any anticipated changes to the project scope or timeline.
SEP completion report
The SEP administrator will submit a SEP completion report to the department's SEP
coordinator within 30 days of project completion and contain at a minimum:
• A detailed description of the project as implemented;
• A summary table identifying project deliverables and tasks along with the associated
completion date;
• A description of any operating problems encountered and the solutions thereto;
• A full expense accounting including itemized costs, documented by copies of purchase
orders, contracts, receipts or canceled checks;
SEP Administrators should redact any potentially sensitive account information
from any documentation, such as bank account numbers and personal
identifying information (PII).
• Certification and demonstration that the SEP has been fully implemented pursuant to
the provisions of the Settlement Agreement and this SEP Agreement;
• A description of the environmental and public health benefits resulting from
implementation of the SEP along with quantification of the outcomes and benefits;
Additional information will include:
• Examples of brochures, educational or outreach materials developed or produced as
part of the SEP; and
• Photographs documenting the project.
Third -party SEP administrator conditions and requirements
Only qualified tax-exempt 501(c)(3) nonprofits or governmental organizations are eligible to
serve as the SEP administrator. The SEP administrator agrees to the following SEP conditions
and requirements:
I. Maintain the SEP funds paid by the regulated entity in an independent SEP account and
draw funds from the account as -needed for the purposes outlined in this SEP
agreement.
II. Communicate issues and concerns related to the SEP promptly to the department SEP
coordinator.
If the SEP administrator elects to publicize the name of a violator in connection with
the SEP either orally or in writing, the SEP administrator must also include the
following statement: "This project was undertaken in connection with the settlement
of an enforcement action taken by the Colorado Department of Public Health and
Environment for violations of environmental laws and regulations".
IV. Complete the SEP as described in this SEP agreement
a. Any changes to the approved project scope or timeline must receive prior
written approval from the department.
b. Budget reallocations of up to 10% of the total SEP payment amount may be
8
made without prior authorization. Budget reallocations of over 10% must first
receive written prior authorization from the department.
V. Complete the SEP within the time frame(s) indicated in this SEP agreement. If the SEP
administrator is unable to meet the SEP agreement time frame(s) for the completion
of the SEP, the SEP administrator may request a deadline extension in writing from the
department no later than 30 days prior to the deadline.
VI. In any of the following situations, all funds remaining in the SEP account shall be
released to the department within 30 days of the department's written request:
a. The SEP administrator fails to complete the project or submit the SEP
completion report;
b. The project has been fully implemented and there are still funds remaining in
the SEP account; or
c. The department terminates the SEP for failure of the third party SEP
administrator to adhere to this SEP agreement.
VII. Make available, at the department's request, all records pertaining to the SEP.
a. The SEP administrator shall maintain a complete file of all records, documents,
communications, and other materials that pertain to the operation of the SEP or
the delivery of services under the SEP agreement. Such files shall be sufficient to
properly reflect all direct and indirect costs of labor, materials, equipment,
supplies and services.
b. The SEP administrator authorizes the department to perform audits and/or
inspections of its SEP records, at any reasonable time during the implementation of
the project and for a period of one (1) year following the completion of the
project.
Failure to adhere to any of the above conditions and requirements may result in the
termination of the SEP and/or no further SEP referrals.
This section to be completed in the event of a SEP Agreement only
Certification statement
9
I, Perry Buck, Weld County Chair, certify on behalf of Weld County that Weld County is not
required or has not previously committed to perform this project and agrees to the SEP
conditions and requirements detailed in this document.
Board of County Commissioners
ounty, Colorado
Perry . Buck, Chair JUL 1 4
Department use only
This SEP has been reviewed and ap
Environment.
Heather
Wuollet
Digitally signed by Heather
Wuollet
Date: 2025.07.08 08:51:10
-06'00'
Attest:
Esther E. Gesick, Clerk to the Board
By:
Deputy
do Department of Public Health and
Signed and dated
Heather Wuollet, Enforcement Section Manager
Air Pollution Control Division
Colorado Department of Public Health and Environment
Alex Scherer Digitally signed by Alex Scherer
Date: 2025.07.08 09:01:10 -06'00'
Signed and dated
Alexander Scherer, Supplemental Environmental Projects Coordinator
Environmental Justice Program - Administration Division
Colorado Department of Public Health and Environment
10
2aZ5-1�'0
Contract for r
Entity Information
Entity Name* Entity ID*
COLORADO DEPARTMENT OF @00000766
HEALTH
Contract Name*
SPECIAL ENVIRONMENTAL PROJECT GRANT
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
9736
Contract Lead*
GMARQUEZ
Contract Lead Email
gmarquez@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description
PROJECT CONNECTION WITH THE SETTLEMENT OF AN ENFORCEMENT ACTION TAKEN BY CDPHE FOR VIOLATIONS
OF ENVIRONMENTAL LAWS AND REGULATIONS FROM THE OWEN'S ILLINOIS BOTTLING PLANT. FUNDING IS
IDENTIFIED FOR EQUIPMENT AND TRAINING.
Contract Description 2
Contract Type* Department
GRANT OEM
Amount*
$121,200.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department Email
CM-OEM@weld.gov
Department Head Email
CM-OEM-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 07/10/2025
07/14/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date*
05/30/2026
Committed Delivery Date
Renewal Date
Expiration Date*
06/30/2026
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver s Purchasing Approved Date
Approval Process
Department Head
ROY RUDISILL
DH Approved Date
07/09/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/14/2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
07/10/2025 07/10/2025
Tyler Ref #
AG 071425
Originator
GMARQUEZ
Hello