HomeMy WebLinkAbout20181962HEARING CERTIFICATION
DOCKET NO. 2018-66.B
RE: SHOW CAUSE HEARING, PCSC18-0006, CONCERNING USE BY SPECIAL REVIEW
PERMIT, USR-1285, FOR A SOLID WASTE DISPOSAL SITE AND COMPOSTING
FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - A-1 ORGANICS, RATTLER
RIDGE ORGANIC RECYCLING FACILITY, AND WJW PROPERTIES LLC, DBA A-1
ORGANICS, C/O BOB YOST
A public hearing was conducted on November 19, 2018, at 9:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman
Also present:
Clerk to the Board, Esther Gesick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Michael Hall
Health Department representative, Ben Frissell
The following business was transacted:
la I hereby certify that pursuant to a notice dated June 26, 2018, and duly published June 29,
2018, in the Greeley Tribune, a public hearing was conducted on July 11, 2018, to show whether
good cause exists for revocation of Use by Special Review Permit, USR-1285, for a Solid Waste
Disposal Site and Composting Facility in the A (Agricultural) Zone District, issued to A-1 Organics,
Rattler Ridge Organic Recycling Facility and WJW Properties, LLC, dba A-1 Organics, do Bob
Yost, at which time the Board deemed it appropriate to continue the matter to November 19, 2018,
at 9:00 a.m., and Bob Choate, Assistant County Attorney, made this a matter of record.
12 Michael Hall, Department of Planning Services, presented a summary of the complaints,
site visits and communications concerning Show Cause, PCSC18-0006, regarding compliance
with Development Standard (DS) #13 of Use by Special Review Permit, USR-1285. He displayed
vicinity maps, and stated the property is within the Coordinated Planning Agreement area for the
Town of Keenesburg, it is not in the floodplain, and is accessed from the County Road (CR) 22
section line alignment. He explained the surrounding land uses consist of primarily vacant lands
with oil and gas wells, and reviewed the site layout, with the yellow area identifying approximately
300 feet of blowing trash and debris on the neighboring property. Mr. Hall reviewed the proposed
mitigation measures, including a Fencing Plan, and noted staff has also received complaints
concerning odors, flies and groundwater contamination, which were not part of the notification or
Probable Cause hearing process. Mr. Hall stated the Department of Public Health and
Environment documented flies and odor were an issue; however, they also determined that the
impacts were successfully mitigated. He clarified the sole issue for review today is compliance
with DS #13 concerning windblown trash and debris.
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2018-1962
PL1443
HEARING CERTIFICATION - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING
FACILITY AND WJW PROPERTIES LLC, DBA A-1 ORGANICS, C/O BOB YOST (USR-1285)
PAGE 2
Ben Frissell, Department of Public Health and Environment, reviewed the various debris
complaints, timing of correspondence concerning the Probable Cause hearing, mitigation actions
taken by A-1 Organics, and follow-up inspections conducted by staff. He confirmed that following
the hearing on July 11, 2018, staff received complaints regarding flies and groundwater
contamination, but not debris. He noted a substantial number of flies were observed by staff;
however, the various control measures were documented to successfully mitigate the impact.
Staff also contacted the Colorado Department of Public Health an Environment (CDPHE)
concerning the groundwater complaint; however, he has not yet received a response from the
State, and to -date, he believes A-1 is following its Groundwater Monitoring Plan. Additionally,
Health Department staff did substantiate odors measured at a 4:1 dilution threshold, but the facility
is allowed up to the 15:1 threshold. In summary, he found the applicant to be in general
compliance at this time. In response to Chair Moreno, Mr. Frissell confirmed A-1 has installed
three (3) internal debris fences, which he has observed to be very successful.
K.C. Groves, Attorney, submitted a Hearing Brief packet (Exhibit M), including internal
Exhibits 1 and 2, and confirmed the only issue for discussion is wind-blown debris, which the
operator asserts has been mitigated and is, therefore, in compliance with the USR permit.
Kent Pendley, Vice President and Chief Operating Officer of A-1 Organics for eight years,
asserted the operator has implemented successful abatement measures and achieved full
compliance with the Debris Abatement Plan. He described his role at the facility and explained
the compliance problem started when a regional digester facility was shut down and materials
were diverted to A-1 but they were unable to handle the quantity. Mr. Pendley expressed pride
in A -1's ability to construct effective mitigating measures to control and address any future debris,
including: the installation of a three -tiered fencing system to catch any debris, implementing a
property sweep to remove wind-blown debris, procuring a street sweeping machine to be used
along the fence line, discontinuing receipt of certain types of materials, employing 2,000 hours of
temporary labor to manually pick up trash, and prioritizing management's time and attention to
address the matter for the benefit of the neighbor and future security of the business.
tD Mr. Groves displayed before and after photographs of the facility, which were described and
explained by Mr. Pendley for the record. He stated their mitigation efforts are ongoing, the plans
have been approved by the CDPHE (Brief Exhibit 4), and A-1 is committed to ensuring ongoing
compliance. He referenced Brief Exhibit 5 concerning expenditures associated with the mitigation
measures ($134,000 overall costs), asserted the operator has received no economic benefit from
the status of noncompliance, and A-1 has voluntarily cooperated with the adjacent land owner,
as well as State and County officials to abate the debris. He further stated they employ
approximately ten (10) people at the Rattler Ridge facility who would be negatively impacted by
closure of the site.
El Dr. Keith Roehr, State Veterinarian and Division Director for Animal Health with the Colorado
Department of Agriculture, gave a brief overview of his professional background and experience.
He testified he inspected complainant property on July 10, 2018 (Hearing Brief Exhibit 6) and
determined the remaining debris did not pose a credible health risk to cattle or livestock on the
Guttersen Ranch. He also observed the property on November 16, 2018, and found decreased
2018-1962
P L 1443
HEARING CERTIFICATION - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING
FACILITY AND WJW PROPERTIES LLC, DBA A-1 ORGANICS, C/O BOB YOST (USR-1285)
PAGE 3
debris and determined the remaining tags of debris posed no significant health risk to livestock in
the area. Dr. Roehr stated A-1 has been a subject matter expert in emergency management
planning and it has been determined that composting is the most effective means for biomass
(carcass) disposal for concentrated feeding operations resulting in a renewable resource for
agricultural crops. O He confirmed suspension or revocation of the A-1 facility would have an
adverse impact on the State partnership in relation to these issues. In response to Commissioner
Conway, Dr. Roehr stated it is not uncommon for young livestock to consume uncommon
materials, but he maintained his opinion that the remaining debris is not harmful. Responding to
Commissioner Kirkmeyer concerning testimony specific to DS #13, Mr. Groves explained,
pursuant to the Weld County Code, there are a variety of factors to be considered and his
questioning is relevant concerning impact to employees and economic benefit of the facility, as
well as responsive to concerns raised at the Probable Cause hearing.
• Dave Stewart, Stewart Environmental Group, represented the Guttersen Ranch, and stated
they do not agree that the facility is in compliance. He noted the trash was difficult to see in the
pictures taken in July due to the height of the grasses, they maintain the groundwater is out of
compliance, and although the flies are gone, he asserted they will be back with the warm spring
weather. He displayed a PowerPoint presentation (Exhibit O) showing evidence of ongoing
wind-blown trash which needs to be picked up by A-1.
In response to Commissioner Cozad, Mr. Choate stated the Show Cause process does allow
for cross examination of witnesses and complainants and any questions from Mr. Groves needs
to be asked through the Board of Commissioners. Commissioner Cozad referenced Section
2-4-50.E of the Weld County Code and the Board agreed to allow Mr. Groves to remain present
at the table to ask questions of individuals providing testimony; however, the answers need to be
directed to the Board. In response to Mr. Groves, Mr. Steward confirmed he was not present
when the PowerPoint pictures were taken by Art Guttersen.
• Art Guttersen, adjacent landowner and Complainant, stated this situation has been ongoing
for 17 years and the State Veterinarian confirmed he observed debris under sage brush and yucca
plants. He stated the A-1 facility is used for livestock mass casualty disposal, which causes a
very offensive odor. He recognized that A-1 was placed in a difficult situation as a result of the
closure of the digester facility, and they also receive debris if the Waste Management disposal
site is closed on a windy day. In response to Commissioner Kirkmeyer, Mr. Guttersen stated the
trash extends about one mile into the property, it is unsightly, and although the fences and trash
pickers have helped with the large debris, the small debris is still present. He stated he has not
reviewed the Debris Maintenance Plan developed by A-1. In response to Mr. Groves,
Mr. Guttersen stated A-1 Organics has been working with him since the first of the year; however,
they still have a problem.
• Chair Moreno closed public testimony.
2018-1962
PL1443
HEARING CERTIFICATION - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING
FACILITY AND WJW PROPERTIES LLC, DBA A-1 ORGANICS, C/O BOB YOST (USR-1285)
PAGE 4
Mr. Groves noted the County has the burden of proof to consider the evidence and determine
whether to revoke, suspend or take some other action against the permit. He stated the
inspections and testimony provided the Weld County Health Department staff indicate there are
no active violations and the site is generally in compliance with the USR permit. He stated the
Board must consider the factors detailed on pages 9-13 in his Hearing Brief. He further stated,
with this one exception, A-1 has a history of full compliance with the USR, they have made
significant efforts to comply, the owners/operators acknowledge that they were not being a good
neighbor and that Mr. Guttersen had a right to complain, they have made substantial efforts to
clean up the situation, and it is anticipated that the small remaining debris fragments will
decompose over time. He further stated Weld County staff has found that A-1 Organics
successfully abated the debris circumstances caused by the closure of the Heartland Digester
facility and also documented the very high winds at the time of the Probable Cause hearing.
Additionally, there has been no economic benefit because of non-compliance, the sole complaint
from Mr. Gutterson is no longer viewed as a public health issue, the debris is substantially abated,
and there was no intentional misconduct. Further, A-1 Organics volunteered complete disclosure
of the situation, they have been transparent and worked with public officials, and offered full
cooperation to work with Mr. Guttersen. He further stated the existence and scope of the
Engineering Design and Operations Plan (EDOP) and USR govern how the facility is managed,
the Contingency and Debris Abatement Plans have been approved by the CDPHE and the facility
was found to be in compliance. Lastly, an economic penalty is not appropriate given the previous
longstanding compliance and voluntary efforts over the past six (6) to eight (8) months, and he
requested the Board defer penalties contingent upon performance of their other obligations. In
conclusion, Mr. Groves asserted a suspension would hurt the employees, local businesses,
County and the State which all rely upon the services of the facility to assist in certain
circumstances. He referenced Hearing Brief Exhibit 7 containing approximately 30 letters from
partners documenting A -1's good work and value, and requested the Board find the facility is
substantially in compliance and dismiss the Show Cause hearing.
El In response to Commissioner Kirkmeyer, Mr. Frissell stated the Debris Abatement Plan does
not require the facility to shut down on windy days, although that would be beneficial. He stated
typically landfills close on days with winds sustained at 25-30 miles per hour. He stated A-1
Organics does not accept trash, rather, they accept com ostable materials; however, certain
materials are less conducive to the composting process. El Bob Yost, Vice -President and Chief
Technical Officer for A-1 Organics, clarified the facility is permitted to receive compostable
materials associated with food waste, which then goes through a screening process. He
explained the CMA (Composter Manufacturers Alliance) is working towards an approved list that
works for windrow composting processes. He noted the pictures of the fences show that debris
is being contained to the A-1 property, the new processes encourage containment, they have
been in business for 140 years, and they intend to correct the situation on the Guttersen Ranch,
although he acknowledged the remaining material in the grass and yucca plants is difficult to
collect. Commissioner Kirkmeyer referenced the Debris Maintenance Plan and Mr. Yost
confirmed they conduct cleanup activities 2-3 times per week along the fence line. Mr. Pendley
referenced Section 4.0 of the Plan which requires ongoing cleanup for the life of the USR.
Commissioner Kirkmeyer reviewed the cleanup log in Hearing Brief Tab 5 which does not reflect
2-3 per week. Mr. Groves clarified the log does not reflect the A-1 employees who do cleanup
on -site and off -site on a regular basis. Mr. Penley further clarified much of the materials currently
2018-1962
PL1443
HEARING CERTIFICATION - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING
FACILITY AND WJW PROPERTIES LLC, DBA A-1 ORGANICS, C/O BOB YOST (USR-1285)
PAGE 5
received are wet food wastes with minimal compostable debris, the primarily compostable
materials are now being diverted, and the plan addresses screening and turning of materials on
windy days.
El Commissioner Cozad stated, after hearing testimony from staff and the respondent, she
would support dismissing the Show Cause hearing. She commented they have demonstrated
substantial compliance with a Debris Maintenance Plan, which has been verified by local and
state inspections. She acknowledged there may still be some debris that escapes the property,
and the neighbor will need to continue working with A-1 to grant permission for workers to access
further into the property, if necessary. Lastly, she noted that debris leaving the facility has
decreased since the initial hearing as a result of the tiered fencing system.
Commissioner Freeman agreed, based on numerous inspections made by staff, the tiered
fencing system, and plans for ongoing mitigation efforts, with additional staff to pick up any debris
that escapes from the facility.
El Commissioner Conway stated today's focus is DS #13 and he relies on staff to inspect the
site. He stated they have reported substantial compliance as a result of fencing and committing
additional workers to accomplish supplemental cleanup events. He stated he supports dismissal
of the matter, with the understanding that it may return if the non-compliance issues return.
Commissioner Kirkmeyer stated staff has reported general compliance, and although she
does have some remaining concern, she strongly encouraged the operator to log off -site cleanup
efforts. She expressed her appreciation for the Fencing Plan and the significant cleanup already
completed.
Chair Moreno concurred with the comments of his fellow Commissioners; however, he did
express concern that the return of warm weather may prompt the return of odor and fly nuisance
conditions; however, he commented that A-1 is aware and should be prepared for ongoing efforts
to control debris and any other related impacts.
Commissioner Cozad moved to dismiss the Show Cause (PCSC18-0006) hearing
concerning Site Specific Development Plan and Use by Special Review Permit, USR-1285, for a
Solid Waste Disposal Site and Composting Facility, in the A (Agricultural) Zone District, for
A-1 Organics, Rattler Ridge Organic Recycling Facility and WJW Properties, LLC, dba
A-1 Organics, c/o Bob Yost. She added the following Findings: 1) the facility is in substantial
compliance with the current Management Plan; 2) based on written evidence and testimony from
County staff, the facility is in substantial compliance with DS #13, as a result of adherence with
the Debris Abatement Plan and Exhibit #5 reflecting additional cleanup efforts. The motion was
seconded by Commissioner Freeman, and it carried unanimously. Commissioner Conway
reiterated his previous concern with debris affecting the young calves and he encouraged A-1
Organics to continue working to ensure cleanup continues all year long, with particular attention
given during the spring calving season. There being no further discussion, the hearing was
completed at 11:22 a.m.
2018-1962
PL1443
HEARING CERTIFICATION - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING
FACILITY AND WJW PROPERTIES LLC, DBA A-1 ORGANICS, C/O BOB YOST (USR-1285)
PAGE 6
This Certification was approved on the 21st day of November, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d..4,6,0
Weld County Clerk to the Board
BY:
Deputy Clem to the Board
APP ROIED AS TQ-fORM:
ounty t6rney
Date of signature: !Q
arbara Kirkmeye , Pro-Tem
EXCUSED DATE OF APPROVAL
Sean P. Conay
eraod
ie A. Cozad
ike Freeman
2018-1962
PL1443
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