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HomeMy WebLinkAbout20230245.tiffRESOLUTION RE: APPROVE 2022 ANNUAL REPORT FOR DISCHARGES FROM APPLICATION OF PESTICIDES AND AUTHORIZE CHAIR TO SIGN 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 the 2022 Annual Report for Discharges from the Application of Pesticides from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, to the Colorado Department of Public Health and Environment, with further terms and conditions being as stated in said annual report, and WHEREAS, after review, the Board deems it advisable to approve said annual report, 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 2022 Annual Report for Discharges from the Application of Pesticides from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, to the Colorado Department of Public Health and Environment, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said annual report. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddtkv XL:el Mike Freeman, Chair Weld County Clerk to the Board ount EXCUSED Per y L. Buck, Pro-Tem S tdotK.Ja evin D. oss EXCUSED Lori Saine Date of signature: 01/30/23 cc:PJ(cH/ER/113) 02/0' /2.3 2023-0245 EG0081 MEMORANDUM TO: Clerk to the Board DATE: January 12, 2023 FROM: Tina Booton, Public Work r h Curtis Hall, Director Public Work SUBJECT: Agenda Item Attached is the Annual Report for herbicide applications made in 2022 under the National Pollutant Discharge Elimination System requirements, which covers waters of the state including Weld County's roadside ditches which can hold storm water. The Chair's signature is required on this document. With the original returned to Public Works, attn: Tina Booton for submission to CDPHE. Please add this item to the agenda for Wednesday, January 18, 2023. 2023-0245 aids �C-,0081 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Pesticide Annual Report for NPDES Compliance DEPARTMENT: Public Works DATE: January 10, 2023 PERSON REQUESTING: Tina Booton Brief description of the problem/issue: As part of the National Pollutant Discharge Elimination System (NPDES) requirements for making chemical (pesticide) applications to areas that may impact waters of the State, an annual report must be filed with the Colorado Department of Public Health and Environment (CDPHE) by February of the following year. This annual report is required to cover all chemical applications for the 2022 calendar year. This includes bare - ground treatments from January 1, 2022 through December 31, 2022 as well as all roadside treatments and handgun applications made during this same time frame. This permit started in 2013 with threshold requirements set at 20 linear miles or 80 surface acres. Since 2015 CDPHE has required entities to report after the year ended actual quantities of products that were used the previous year. A fee of $281 will be assessed after the submission of this annual report. The bill will arrive in April from CDPHE. This fee was included in the Weed Division budget planning process for 2023. Attached is the completed compliance certificate for 2022 for review and signature. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Option A- Chair sign the annual report. Option B- Authorize another agent to sign the annual report. Recommendation: Option A- Chair sign the annual report. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem 00 Op" r / Mike Freeman, Chair Scott K. James Kevin Ross Lori Saine CDPS ANNUAL REPORT FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES COG860000 COLORADO Department of Public Health b Environment Dedicated to protecting and improving the health and environment of the people of Colorado ANNUAL REPORT FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES COG860000 Digitally signed documents may be emailed to: cdphe.wgrecordscenter®state.co.us NOTE: SUBMISSION OF THIS REPORT CONSTITUTES A RECORD OF COMPLIANCE FOR DISCHARGES MADE TO WATERS OF THE STATE ONLY. EPA ADMINISTERS THE PESTICIDE GENERAL PERMIT FOR FEDERAL FACILITIES. CONTACT EPA FOR FURTHER INFORMATION REGARDING FEDERAL FACILITIES. Please print or type. Original signatures are required. Submission of this completed Annual Report constitutes notice that the Operator identified under item B.2 is authorized to discharge pollutants to surface waters of the state of Colorado. To certify compliance, all information required on this form must be completed. See instructions at the end of this form for completing the certification. Year of report aJan- Dec 2022 ❑ Jan - Dec 2023 ❑Jan - Dec 2024 El Jan - Dec 2025 ❑ other Submit forms to: Colorado Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South WQCD-P-B2 Denver, Colorado 80246-1530 ANNUAL REPORT A. Notice of Status 1. Mark whether this is the first time you are certifying compliance under the Pesticide General Permit or if this is a change of information for a discharge already certified under the Pesticide General Permit. If this is a change of information, supply the Operator Name for the discharge. a.❑ First time Annual Report WM Annual Report representing new information (e.g. reporting for a new discharge season) Certification number Coca0002s c.❑ Annual Report Change of Information: Operator name Please note: When selecting A.1.b above, please fill out Item number B.1 below (Decision -maker name and mailing address) and modify the pertinent fields of the Annual Report as necessary. B. Contact Information 1. Legal Contact (Decision Maker) Company Name Weld County First Name Mike Last Name Freeman Title Board of County Commissioners Chair Mailing Address Po Box 758 City, State and Zip Code Greeley, CO 80632 Phone 970-336-7204 Cell E-mail Address mfreeman@weldgovcom 2. Is the Decision Maker for this Annual Report a Large Entity as defined in Appendix A of the permit? D YES ❑ NO Note that if you answered "Yes" to question B.2, you are required to develop a Pesticide Discharge Management Plan (PDMP) that reflects all pesticide uses for which you are requesting permit coverage. 1 of 3 COPS ANNUAL REPORT FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES COG86QO00 3. Operator (if different from Decision Maker) Company Name Weld County Mailing Address PO Box 758 City, State and Zip Code Greeley, CO 80632 First Name Tina Title Weed Division Supervisor Last Name Booton Phone 970-400-3770 Cell 970-381-4052 E-mail Address tbooton@weldgov.com 4. Operator Type (check one): ❑ State Govt CI Local Govt ❑ Mosquito Control District(or similar) ❑ Irrigation Control District (or similar) ❑ Weed Control District (or similar) ❑ Other: 5. Facility Contact p same as applicant Company Name Weld County Mailing Address PO Boo 758 City, State and Zip Code Greeley, CO 80632 First Name Tina Last Name Booton Title Weed Division Supervisor Phone 970-400-3770 Cell970-381-4052 E-mail Addresstbooton@weldgov.com Additional Operator Information if applicable: 6. Authorized Reporting Agent (DMR Cognizant Official) same as applicant (i.e. person or position authorized to sign and certify reports required by the permit: DMR's, Annual Reports, Compliance Schedule submittals, etc., as requested by the division.) Company Name Mailing Address City, State and Zip Code First Name Last Name Title Phone E-mail Address Cell 7. Billing Address and Contact O same as applicant Company Name Weld county Mailing Address PO Box 758 City, State and Zip Code Greeley, CO 80632 First Name Tina Title Weed Division Supervisor Last Name Booton Phone 970-400-3770 Cell 970-381-4052 E-mail Addresstbooton@weldgov.com 2of3 CDPS ANNUAL REPORT FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES COG860000 C. ANNUAL REPORT REQUIRED SIGNATURE Signature of Operator: The Annual Report must be signed to be considered -complete. In all cases, it shall be signed as follows: a) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in this form originates. b) In the case of a partnership, by a general partner. c) In the case of a sole proprietorship, by the proprietor. d) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other dulyauthorized employee if such representative is responsible for the overall operation of the facility from which the discharge described in theform originates. "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Certifier Name (printed) Mike Freeman, Chair Certifier Title Board of County Commissioners Certifier Email mfreeman@weldgov.com Certifier Signature/Responsible Official: TO , L. 5 a, ATTEST : 11/ L0' Weld C. n v Clerk to e Board BY: 3of3 Date Signed JAN 2 3 2023 07„9013 CDPS ANNUAL REPORT FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES COG860000 Complete and Attach Pages 4 and 4A for Each Pest Management Area D. Pest Management Areas Complete this section for each Pest Management Area for which Pesticide General Permit coverage is desired. Pest management area, as defined in Appendix A of the permit, can be a large area (e.g., an entire town) or a very specific well-defined management area (e.g., a lake). Thus, a pest management area can have one or more treatment areas 1. Pest Management Area Information: Area #1 of ## 1 (e.g. 1 of 5), please attach additional pages as needed if you are certifying multiple areas. 2. Pest Management Area Name: Unincorporated Weld County Street Address, if applicable (or cross streets) City CO, Zip Code County 3. Provide a map of the location of the Pest Management Area showing the treatment area within the Pest Management Area (Attach Map) 4. Size of Treatment Area 2,509,798 Acres or 31,901,780 Linear Feet 5. Contact Information for pesticide applicator p Same as operator listed in item 1 page 1 of application Company Name Weld County Mailing Address Po 0vu 758 City, State and Zip Code ...slay, CO 00632 First Name Tina Last Name Booton Title Weed Division Supervisor Phone 970-400-3770 Cell 970-381-4052 E-mail Address tbooton@weldgov.con, 6. Pesticide Use Patterns to be included in this Pest Management Area (Check all that apply) ❑ Mosquito and other flying insect pest control ❑ Forest canopy pest control ❑ Animal pest control El Weed and algae pest contol 7. Receiving Waters as applies to Pest Management Area -Item 1 above (Check One) p For all surface waters of the state ❑ For the following surface waters of the state ❑ For all surface waters of the state except for: 8. Outstanding Waters Is coverage requested for discharges to outstanding water(s) of the state? YES ❑ NO ❑ If YES Name of Outstanding Water(s) Provide rationale for determination that pesticide discharges are necessary to protect water quality, the environment, and/or public health and that any such discharge will not degrade water quality or will degrade water quality only on a short term or temporary basis - attach additional pages as needed: CDPS ANNUAL REPORT FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES COG860000 9. Water Quality Impaired Waters Operators are not eligible for coverage under this permit for any discharges from a pesticide application to surface waters of the state if the waters are identified as impaired by a substance which is either an active ingredient of the pesticide designated for use or is a degradate of such an active ingredient. (Check one) O Waters are NOT impaired by any substance which is either an active ingredient of a pesticide to be discharged or a degredate of such an active ingredient. ❑ Waters are on a current state list as being impaired by a substance which is either an active ingredient of a pesticide to be discharged or a degradate of such an active ingredient; however, evidence is attached documenting that the waters are no longer impaired. 10. Pest Evaluation a. Identify the target pest(s) and explain why pest control is needed* See attached sheet *Please attach additional pages as necessary b. Describe pest management measure(s) implemented before first pesticide application For example, identify if you have performed physical control techniques such as pulling weeds, removing breeding habitat, or trapping animals.* See attached sheet *Please attach additional pages as necessary 11. Pesticide Application Start Date January 1, 2022 End Date December 31, 2022 12. Name of each pesticide product used, EPA Registration number and Quantity of pesticide applied (as packaged or as formulated). The total quantity of pesticide applied and the pesticide application end date must be completed as soon as possible but no later than 14 days after completion of Desticide application for this proiect.* Product Name EPA Registration Number Quantity (Ibs OR gallons) Application method e.g., fixed wing aircraft, backpack sprayer 2,4-D 11773-2 lb Gal276.58 15% Handgun; 85% chemical injection truck Milestone 62719-519 lb Ga113.69 25% Handgun; 75% chemical injection truck Panoramic 2SL 66222-141-81927 lb Gal 14.43 25% Handgun; 75% chemical injection truck Tordon 22K 62719-6 lb Gal 87.2 100% chemical injection truck Venue 71711-25 lb Gal20.28 10°/ Handgun; 90% chemical injection truck *Please attach additional pages as necessary 13. Visual monitoring was conducted during pesticide application and/or post application C7 YES ❑ NO If no describe why not: 14. Were any adverse effects identified during visual monitoring? ❑ YES E NO If yes, describe: Pest Management Area Information Pages 4 and 4A Attached Sheet: Weld County Compliance Certificate Question 10 A: Target Pest(s): Purple Loosestrife, Russian olive, Tamarisk, Canada Thistle, Field Bindweed, Diffuse Knapweed, Russian knapweed, Hoary Cress, Perennial Pepperweed, Leafy Spurge, Musk thistle, Scotch thistle, Bull thistle, Absinth Wormwood, Dalmatian Toadflax, Spotted Knapweed, Russian Thistle, Kochia, Sunflowers, Curly Dock and Cockleburs. The first fourteen plant species are deemed noxious weeds by the Colorado Department of Agriculture. They need to be controlled and not allowed to expand their population borders. Some of the species are also set for mandatory eradication based on the location of the weeds along routes of spread such as roadsides, irrigation ditches and rivers. The last five species are nuisance weeds that limit visibility and movement along the road system in Weld County. Question 10 B: Due to the size of Weld County and the number of miles that must be maintained throughout the County, no other pest management measures are implemented before the roadside spraying operation begins. While the roadside spraying operation is being conducted decisions are made in the field as to the need to spray areas as the trucks are passing by. 12. Name of each pesticide product used. Product Name EPA Registration No. Quantity Application Method Escort XP 352-439 1.06 lbs. 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I • !Iil • • • •• • ••! • /a • 111-0-•••• a • ! 1 • • • .aas R.• t • a t • is alas a♦ 1t •t.....• • . • I- • Ili • • 4.,• • a II • • •• • 0 • '• • t -►o -el' • • • • • • :.•z • • • • r a • w a • Is a 'a • • a'•; •a a V all• •I•• ••✓* ` ; •• • • •9 • • • r• a S • L••••.a►•a:�• • • fetat • • • • S. •• •• N Weld County Legend * Grader Stations Gravel Pits Activity • Active o Inactive Jan 2011 County Maintenance ADMINCLASS 1 Arterial Service 2 Local Service 3 Half and Half 2022 ANNUAL REPORT FOR DISCHARGES FROM APPLICATION OF PESTICIDES APPROVED AS TO SUBSTANCE: Ele ici epaHead, or Deputy Department Head APPROVED AS TO FUNDING: Chief Financial Officer, or Controller APPROVED AS TO FORM: 11441.17 County Attorney Hello