HomeMy WebLinkAbout20181184Attachment C
Information Reviewed from the
Weld County Department of Public Health and Environment
"I PAGE OF DOCUMENT
INCLUDED IN PAPER FILE.
REMAINDER RETAINED
ELECTRONICALLY IN TYLER.
�TEWART ENVIRONMENTAL EONSULTIKICIR 6RcUP, LLO
2018-1184
RESOLUTION
RE: APPROVE CERTIFICATE OF DESIGNATION FOR A SOLID WASTE DISPOSAL SITE
AND COMPOSTING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT -
LAMBLAND, INC., DBA A-1 ORGANICS
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, on the 4th day of December 2000, a public hearing was held in the
Chambers of the Board of County Commissioners of Weld County, Colorado, for the purpose of
considering whether to grant a Certificate of Designation to Lambland, Inc., dba A-1 Organics,
16350 Weld County Road 76, Eaton, Colorado 80615, said site to be located on the following
described property:
Part of Section 36, Township 3 North, Range 64 West of the 6th
P.M., Weld County, Colorado
WHEREAS, said applicant was represented by Robert Yost, and
WHEREAS, said request for a Certificate of Designation was submitted in conjunction
with an application for a Site Specific Development Plan and Special Review Permit for a Solid
Waste Disposal Site and Composting Facility in the A (Agricultural) Zone District which was
approved by the Board on November 1, 2000, and
WHEREAS, Section 32-20-104, C.R.S., requires the Board to take into account certain
factors to approve a Certificate of Designation and, having taken into account said factors, finds
as follows:
1. Section 45.4.1 -- Certificates of Designation for solid or hazardous waste
disposal sites and facilities as required by Colorado Revised Statutes and the
Code of Colorado Regulations shall not be deemed approved until or unless a
Use by Special Review Permit has been approved by the Planning Commission
or Board of County Commissioners where required by the Weld County Zoning
Ordinance. The Board shall be guided in its review of a Certificate of
Designation by state statute and regulations contained in Colorado Revised
Statutes and the Code of Colorado Regulations. The State is recommending
conditional approval of the Certificate of Designation for this facility. It will be
necessary for the applicants to obtain approval of both the Use by Special
Review Permit and Certificate of Designation in order to legalize the composting
facility.
2. Section 45.4.2 -- Applicants for activities reviewed pursuant to Section 24 for any
Solid Waste sites and facilities shall have the burden of proof to demonstrate
that there is a need for the facility within the proposed area of service, and the
Planning Commission and Board shall be satisfied that a need exists as part of
the determinations for any such permit. The application materials state, "the
re Pz fa), () APP) AP
2000-2602
PL1443
Glenn Vaad
CERTIFICATE OF DESIGNATION - LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 2
Weld County Comprehensive Plan states that Weld County is a 'complete farm
and food system'. This organic recycling facility is an instrumental part of the
complete system by producing a product ready for purchase. The products
produced are beneficial for food production." Also, "The composting facility may
purchase materials from agriculture. But for the most part, it will offer an
alternative that may reduce the costs of agriculture waste management."
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that a Certificate of Designation for a Solid Waste Disposal Site and
Composting Facility in the A (Agricultural) Zone District, for Lambland, Inc., dba A-1 Organics,
on the hereinabove described real property be, and hereby is, granted subject to the conditions
of Use by Special Review Permit #1285.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of December, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO
rge ' Baxter
Da e ' all
//st,,A
2000-2602
PL1443
WELD COUNTY, COLORADO
CERTIFICATE OF DESIGNATION
In accordance with the provision of Sections 30-20-101 through 30-20-115, C.R.S., the Board
of County Commissioners of Weld County, Colorado, hereby grants a Certificate of Designation
for a Solid Waste Disposal Site and Composting Facility in the A (Agricultural) Zone District.
Location of Site: Part of Section 36, Township 3 North, Range 64
West of the 6th P.M., Weld County, Colorado
Name and Address of Responsible Operator:
Lambland, Inc., dba A-1 Organics
16350 Weld County Road 76
Eaton, Colorado 80615
This Certificate of Designation may be temporarily suspended or revoked, after reasonable
notice and public hearing, for cause as outlined in Section 30-20-112, C.R.S.
issued this 4th day of December 2000, at Weld County, Colorado.
Sign
A ,t I. _Air.
rbara J. IGrkmeyer, hair
Board of County Commissioners
(12/04/2000)
2000-2602
PL1443
Memorandum
TO: Honorable Sean P. Conway, Chair,
Board of County Commissioners
FROM: Troy Swain, Weld County Department of
Public Health & Environment
DATE: April 25, 2012
SUBJECT: A-1 Organics Highway 66 (Platteville)
Composting Facility
The Department respectfully submits to the Board of County Commissioners the Colorado
Department of Public Health and Environments clean closure and release of financial assurance
and the Weld County Department of Public Health and Environment determination that the
facility has been closed in accordance with closure plans.
This information is submitted in order to satisfy the following provision of the Board of County
Commissioners, October 31, 2011, Resolution regarding vacation of A-1 Organics (Highway 66)
Composting facility's USR and Certification of Designation:
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners
of Weld County, Colorado, that the USR and CD be, and are hereby are, vacated
conditioned, however, upon receipt by the Board of a clean closure approval and
release of financial assurance by the Colorado Department of Public Health and
Environment and a determination by the Weld County Department of Public
Health and Environment that the site has been reclaimed in accordance with the
Closure Plan.
After the Boards review, a copy of this document will be placed in the operating record of the A-
1 Organics Highway 66 (Platteville) Composting Facility and be recorded with the Weld County
Clerk and Recorder.
The following reference documents have been attached: October 31, 2011 Resolution Vacating
USR-1059 & Certificate of Designation (4 pages), March 19, 2012 Colorado Department of
Public Health and Environment clean closure letter (2 pages), A-1 Organics March 24, 1995
Closure Plan (1 page), and photos of the site taken April 13, 2012 (4 photos).
RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING USE BY SPECIAL
REVIEW PERMIT #1059 AND CERTIFICATE OF DESIGNATION FOR A COMPOSTING
FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT, AND VACATE SAID USR-1O59
AND CD - LAMBLAND, INC., DBA A-1 ORGANICS
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, on April 27, 2011, a Show Cause Hearing was conducted to consider revocation
of Use by Special Review Permit #1059 and the Certificate of Designation for a Composting Facility
in the A (Agricultural) Zone District, issued to Lambland, Inc., dba A-1 Organics. 7031 State
Highway 66, Platteville, Colorado, and
WHEREAS, Lambland, Inc., dba A-1 Organics, is the current lessee/operator of the facility
located on property being further described as follows:
Part of the W1/2 SW1/4 of Section 20, Township 3
North, Range 67 West of the 6th P.M., Weld County,
Colorado
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mom
co 6) The composted overs piles shall be encased with tackifier instead of the
_swam � o clean wood materials.
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,0 0 7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
NMI!mow
a o crews, consisting of approximately four (4) to twelve (12) people, daily to pick
MOM CC up debris from the neighbor's propertiesMin
IMO cn
WHEREAS, at said hearing of April 27, 2011, the Board deemed it advisable to continue the
matter until May 18. 2011, at 10:00 a.m., subject to the following conditions:
1) No other waste shall be brought into the facility.
2) A-1 shall meet with the neighbors and find a solution to mitigate the damage
they have already caused.
3) A-1 shall agree to vacate the USR upon closure of the facility.
4) A-1 shall work with the County Departments of Planning Services and Public
Health and Environment, as well as the Colorado Department of Public
Health and Environment, to work out key dates in regard to the closure.
5) There will no grinding or movement of the static pile without the approval
from the County Department of Public Health and Environment for a test, and
to the best extent possible, keep the plastic debris from being liberated from
the site
L, N L_ i.
ppi
2011-1006
PL1006
DISMISS SHOW CAUSE HEARING AND VACATE USR #1059 AND CERTIFICATE OF
DESIGNATION - LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 2
8) A-1 shall continue to work with the Department of Planning Services to
investigate additional options for mitigating the potential release of plastic
debris during the grinding of the static processed pile.
WHEREAS, at said hearing of May 18, 2011, after hearing all testimony presented and
accepting the "Updated Plan to Contain and Remove Plastics and Update on Continuing Closure
Activities," dated May 17, 2011, the Board deemed it advisable to continue the matter until
August 22, 2011, at 10:00 a.m., subject to the following conditions, which also incorporate the
recommendations from the staff Memorandum, dated May 18, 2011, a copy of which is attached
hereto and incorporated herein:
1) No other waste shall be brought into the facility.
2) A-1 shall meet with the neighbors and find a solution to mitigate the damage
they have already caused.
3) A-1 shall submit a letter requesting formal vacation of the USR and CD upon
closure of the facility, no later than August 22, 2011. (Merged with Staff
Memo #5 and modified date per Board instruction.)
4) A-1 shall work with the County Departments of Planning Services and Public
Health and Environment, as well as the Colorado Department of Public
Health and Environment, to work out key dates in regard to the closure. No
re -grading, filling, etcetera, shall occur on the site until the closure has been
reviewed and accepted by the Weld County and Colorado Departments of
Public Health and Environment. (Merged with Staff Memo #6)
5) There will no grinding or movement of the static pile without the approval
from the Weld County Department of Public Health and Environment for a
test, and to the best extent possible, keep the plastic debris from being
liberated from the site.
6) The composted overs piles and collected surface layer pile (described on
page 8 of the Updated Plan) shall be encased with tackifier instead of the
clean wood materials to prevent plastics from being liberated. (Merged with
Staff Memo #2)
7) A-1 shall continue to provide ongoing plastic clean-up and deploy one to two
crews, consisting of approximately four (4) to twelve (12) people, daily to pick
up debris from the neighbor's properties.
8) A-1 shall continue to work with the Department of Planning Services to
investigate additional options for mitigating the potential release of plastic
debris during the grinding of the static processed pile.
! 111111 11111 1111111 1111 III 11111 11111111 III 11111 IIII IIII
3812319 12/15/2011 02:32P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2011-1006
PL1006
DISMISS SHOW CAUSE HEARING AND VACATE USR #1059 AND CERTIFICATE OF
DESIGNATION - LAMBLAND, INC., DBA A-1 ORGANICS
PAGE 3
9) A-1 shall demonstrate the effectiveness of the litter control fence, described
on page 4 of the Updated Plan, to County staff no later than May 25 2011,
assuming weather cooperates. (From Staff Memo #1.)
10) The "composted overs pile", which shall be transferred to the Rattler Ridge
facility, shall be processed with similar controls (including litter control fence)
as described in the Updated Plan. (From Staff Memo #4.)
11) The facility shall minimize dust during all operations. In no case shall dust be
allowed to migrate from the facility. (From Staff Memo #3.)
Board
12) The Departments of Planning Services and Public Health and Environment
will monitor progress of the operation and may bring the case back before
the Board of Commissioners should any violation be observed. or should A-1
deviate from the Updated Plan. (From Memo #7.)
WHEREAS, at said hearing of August 22, 2011, after hearing all testimony presented, the
deemed it advisable to continue the matter to October 31, 2011, at 10:00 a.m., to allow
adequate time to complete removal of materials and return the site to original grade, reclaim the site
in accordance with the Closure Plan, while ensuring that Financial Assurance remains in place
throughout the closure process. and then close the facility on October 31, 2011
WHEREAS, on October 31, 2011, after hearing all testimony presented to the Board at this
hearing and previous hearings, the Board finds that A-1 Organics accepted unapproved feedstocks
and operated with a resulting litter nuisance, but has since remedied such situations by ceasing to
accept unapproved feedstock. subsequent clean-up of the property and other adjacent and nearby
impacted property, voluntary closure, and conducting an environmental site assessment for closure
purposes, which will be reviewed by the Colorado Department of Public Health and Environment
and provided to the property owner, and
WHEREAS, Lambland, Inc., dba A-1 Organics, is requesting of the Board that the USR and
CD be vacated
NOW, THEREFORE, BE RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the USR and CD be, and hereby are, vacated conditioned, however upon
receipt by the Board of a clean closure approval and release of financial assurance by the Colorado
Department of Public Health and Environment and a determination by the Weld County Department
of Public Health and Environment that the site has been reclaimed in accordance with the Closure
Plan
II1IJl1IIllI 1111111111111111111 ,III1II III iii1i 1111 1111
3812319 12/15/2011 02:32P Weld County, CO
3 of 4 R O.QO 0 0.0Q Steve Moreno Clerk & Recorder
2011-1006
PL1006
DISMISS SHOW CAUSE HEARING AND VACATE USR #1059 AND CERTIFICATE OF
DESIGNATION - LAMBLAND, INC.. DBA A-1 ORGANICS
PAGE 4
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of October, A.D., 2011.
ATTEST:
Weld County Clerk to the Board
BY: 9144.
Deputy C
rk to the Board
APPROVED AS TO FORM:
)
County Attorney
Date of signature: /off /d
H1111111111 1111111 111 I111111111111111 III 1110 111111
3812319 12/1512011 02:32P Weld County, CO
4 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL9ADO
'Barbara Kirkmeyer, Chair
can P. Cy, Pro -Tern
F. Garcia
avid E. Long
Dougl. Rademache
2011-1006
PL1006
STATE OF COLORADO
John W, Hickenlooper, Governor
Christopher E Urbina, MD. MPH
Execut,ve Directn' and Chief MedhcaOfficer
Dedicated to protecting and improving the healtn and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 60246-1530
Phone (303) 692-2000
Located in Glendale, Colorado
httpliwww.cdphe.state.co.us
March 19, 2012
Mr. Bob Yost
Vice President
A-1 Organics
16350 WCR 76
Eaton. Colorado 80615
Laboratory Services Division
8100 Lowry Blvd.
Denver. Colorado 80230-6928
(303) 692-3090
RECEIVED
MAR 29 1
ENVIRONMENTAL SERVICES
Colorado Department
of Public Health
and Environment
Re. Clean Closure Approval and Release from Post Closure and Financial Assurance Obligations
Al Organics — Highway 66 Organic Composting Site, Weld County, Colorado
Dear Mr. Yost
On December 1, 2011. the Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division ("Division") received a report titled Clean Closure Summary Report Al Organics Highway 66
Organic Recycling Facility Weld County USR 1059 (Report) The Report is dated November 30, 2011. A cover letter dated
November 30, 2011 was attached to the Report from Al Organics requesting. 1) No further post closure requirements or
conditions; 2) A notice of satisfactory completion of closure; 3) Weld County vacate the USR 1059 and the Certificate of
Designation for the Facility; and 4) A 1 will provide the Division with verification that at least 60% vegetative coverage of the
site has been achieved by June 15, 2012.
The Al Organics -Highway 66 Organics Composting Facility (Facility) received a Certificate of Designation from Weld
County for composting operations in 1995. The 40 acre site was leased from Pete Salami-, land owner, for the use as a
composting facility until it closed in 2011 The Division was formally noticed of the closure in Al Organics' letter dated
October 8, 2010 A revised Closure Plan to achieve "clean closure", dated June 1, 2011, was submitted to Weld County and
the Division. Environmental soil sampling was conducted, in accordance with the approved July 14. 2011 Soil Sampling
Plan. Results of that sampling were presented in a soil sampling summary report rece vcd in our offce on September 23.
2011
The facility went through a "clean closure" process where soil samples were collected and analyzed to demonstrate whether
onsite soils were potentially impacted from the composting operation. Soil sample results indicated that constituent
concentrations. except arsenic. were equal to or less than the Division's Colorado Soil Evaluation Values (CSEVs) for
unrestricted use. Arsenic levels did exceed the unrestricted use value. however, background arsenic concentrations are similar
to soil sample results provided to the Report
On November 17. 2011 Division inspectors conducted an inspection of the Facility to determine if closure activities were
complete and to evaluate the site conditions. The inspectors determined the Facility had completed all closure activities as
defined in the June 1, 2011 revised Closure Plan. All finished product, feedstocks, in process composting and hulking
materials have been removed from the site. The site has been graded and reseeded with native grasses. No groundwater or
gas monitoring had been conducted while the Facility was operatinc, and is not required by the closure p:an
Sincere}
With respect to financial assurance, it is our understanding that Bond 4 103198 325. issued by Travelers Causality and Surety
Company of America, provides the financial assurance mechanism for two of A l Organics' composting facilities: Lost
Antlers and Highway 66. Lost Antlers facility has been released from its postclosure obligations and the bond amount
reduced accordingly. With this letter, the Highway 66 facility is released from its financial assurance obligations Please
contact Enrique Martinez. Financial Assurance Analyst, at 303-691-4054 to discuss this aspect of the process to release the
remaining amount of the Bond 4103198325 for the Highway 66 facility.
Based on the information referenced in this letter and contained in the Division's administrative record, the Division has: 1)
determined that the Facility was "clean closed" in accordance with the approved plans, 2) released Al Organics', Highway
66 Organics Composting Facility from its closure/postclosure and financial assurance obligations. and 3) issued a No Further
Action determination relieving Al Organics Highway 66 facility from any additional closure or post closure activities. This
ietter does not release the Facility from closure or postclosure requirements that Weld County may have defined in USR
#1059
The Division is authorized to bill for its review of technical submittals at $ 125 per hour, pursuant to Section 1.7 of the Solid
Waste Regulations. An invoice for the Division's review of the subject document will be sent under separate cover.
Should You have an};questions, please call tee at (303) 692-3137,
i /
/:
Roger Doak, Unit Leader
Solid Waste Permitting Unit
Solid Waste and Materials Management Program
Hazardous Matenals and Waste Management Division
cc. Troy, Swain_ Weld County
Pete Salazar,
Darlene Krings, Flood and Peterson Insurance
David Banas.. AGO
ec: Enrique Martinez, HMWMD
Doug Ikcnberry, HMWMD
File: SW/WLD1}IWY 2.4 .1
Supplemental Closure Plan, Odor, and Fly Control Information
A-1 Organics
Highway 66 Composting Facility
March 24, 199'5
closure: In the event that receipt, processing or sales of
materials ceases for a period of more than one year, a notice of
closure shall be submitted in writing to Weld County. All
materials, structures and berm's shall be removed within 180 days
of the notice of closure, or as provided for in an approved closure
plan submitted and agreed to by weld county. The closure plan
shall demonstrate the following:
1. All finished or unfinished compost materials shall be removed
from the site.
2. Unfinished compost containing regulated materials such as
sewage biosolids, will be disposed of at an approved land fill
site, or properly applied to permitted farm ground.
3. Finished compost materials (including those having met
requirements for unrestricted use) can be used on the site as soil
amendments in amounts deemed necessary by Weld County for
reclamation of the site. The intent is :o use finished compost to
aid in reclamation of the facility, but not use the facility for
permanent storage of finished compost.
4. Ail fencing, structures (other than those originally at the
site), and berm's shall be removed from the site.
5. All disturbed areas shall be seeded and mulched in accordance
with recommendations of the Soil Conservation Service within an
additional 30 day period.
6. The facility will be reclaimed to ::ts original condition and
use, including re -vegetation of ground if required.
Odors: Immediate blending of the materials and repeated aeration
shall be conducted to mitigateodor problems. Odors which
originate at the composting facility and are measured at the
nearest neighboring populated area will not exceed current or
future limits as defined by Colorado Air Quality Control
Commission, Regulation No. 2, ODOR EMISSION REGULATIONS. If an
odor violation occurs that can be shown to have originated at the
compost facility, the weld County Department of Health shall direct
the operator to correct the problem. The operator may use any
acceptable method or combination of methods to mitigate an odor
problem including, but not limited to bio-filtration, application
of organic odor control agents, additional aeration, and or changes
in operational parameters such as the time of day when mixing or
aeration is accomplished.
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Troy Swain
From: Troy Swain
Sent: Friday, April 13, 2012 11:26 AM
To: Kim Ogle
Cc: Torn Parko; Trevor Jiricek; Bruce Barker; Doak, Roger
Subject: A-1 Platteville, USR-1059 & CD
Attachments: A-1 Platteville CDPHE Closure Letter 20120329.pdf
A-1 Platteville, USR-1059 & CD
The USR & CD can now be vacated. Also, I checked the site today and grass is starting to come up. Please advise myself
and A-1 Organics regarding the vacation process for USR-1059 & Certificate of Designation.
Troy E. Swain
Waste Program Coordinator
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 673-2218 (cell)
(970) 304-6411 (fax)
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
protected 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.
1
STATE OF COLORADO
John W. Hickenlooper, Governor
Christopher E. Urbina, MD, MPH
Executive Director and Chief Medical Officer
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Services Division
Denver, Colorado 80246-1530 8100 Lowry Blvd.
Phone (303) 692-2000 Denver, Colorado 80230-6928
Located in Glendale, Colorado (303) 692-3090
http://www.cdphe.state.co.us
March 19, 2012
Mr. Bob Yost
Vice President
A-1 Organics
16350 WCR 76
Eaton, Colorado 80615
RECEIVED
MAR 29 LL'
ENVIRO SERVICESHEALTH
Colorado Department
of Public Health
and Environment
Re: Clean Closure Approval and Release from Post Closure and Financial Assurance Obligations
Al Organics — Highway 66 Organic Composting Site, Weld County, Colorado
Dear Mr. Yost:
On December 1, 2011, the Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division ("Division") received a report titled Clean Closure Summary Report Al Organics Highway 66
Organic Recycling Facility Weld County USR 1059 (Report) The Report is dated November 30, 2011. A cover letter dated
November 30, 2011 was attached to the Report from Al Organics requesting: 1) No further post closure requirements or
conditions; 2) A notice of satisfactory completion of closure; 3) Weld County vacate the USR 1059 and the Certificate of
Designation for the Facility; and 4) A l will provide the Division with verification that at least 60% vegetative coverage of the
site has been achieved by June 15, 2012.
The Al Organics -Highway 66 Organics Composting Facility (Facility) received a Certificate of Designation from Weld
County for composting operations in 1995. The 40 acre site was leased from Pete Salazar, land owner, for the use as a
composting facility until it closed in 2011. The Division was formally noticed of the closure in A 1 Organics' letter dated
October 8, 2010. A revised Closure Plan to achieve "clean closure", dated June 1, 2011, was submitted to Weld County and
the Division. Environmental soil sampling was conducted, in accordance with the approved July 14, 2011 Soil Sampling
Plan. Results of that sampling were presented in a soil sampling summary report received in our office on September 23,
2011.
The facility went through a "clean closure" process where soil samples were collected and analyzed to demonstrate whether
onsite soils were potentially impacted from the composting operation. Soil sample results indicated that constituent
concentrations, except arsenic, were equal to or less than the Division's Colorado Soil Evaluation Values (CSEVs) for
unrestricted use. Arsenic levels did exceed the unrestricted use value; however, background arsenic concentrations are similar
to soil sample results provided in the Report.
On November 17, 2011 Division inspectors conducted an inspection of the Facility to determine if closure activities were
complete and to evaluate the site conditions. The inspectors determined the Facility had completed all closure activities as
defined in the June 1, 2011 revised Closure Plan. All finished product, feedstocks, in process composting and bulking
materials have been removed from the site. The site has been graded and reseeded with native grasses. No groundwater or
gas monitoring had been conducted while the Facility was operating and is not required by the closure plan.
With respect to financial assurance, it is our understanding that Bond #103I98325. issued by Travelers Causality and Surety
Company of America, provides the financial assurance mechanism for two of Al Organics' composting facilities: Lost
Antlers and Highway 66. Lost Antlers facility has been released from its postclosure obligations and the bond amount
reduced accordingly. With this letter, the Highway 66 facility is released from its financial assurance obligations. Please
contact Enrique Martinez, Financial Assurance Analyst, at 303-691-4054 to discuss this aspect of the process to release the
remaining amount of the Bond #103198325 for the Highway 66 facility.
Based on the information referenced in this letter and contained in the Division's administrative record, the Division has: 1)
determined that the Facility was "clean closed" in accordance with the approved plans, 2) released A 1 Organics', Highway
66 Organics Composting Facility from its closure/postclosure and financial assurance obligations, and 3) issued a No Further
Action determination relieving Al Organics Highway 66 facility from any additional closure or post closure activities. This
letter does not release the Facility from closure or postclosure requirements that Weld County may have defined in USR
#1059.
The Division is authorized to bill for its review of technical submittals at $125 per hour, pursuant to Section 1,7 of the Solid
Waste Regulations. An invoice for the Division's review of the subject document will be sent under separate cover.
Should you have an questions, please call me at (303) 692-3437.
Sincere
Roger Doak, Unit Leader
Solid Waste Permitting Unit
Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division
cc. Troy Swain, Weld County
Pete Salazar,
Darlene Krings, Flood and Peterson Insurance
David Batas, AGO
ec: Enrique Martinez, HMWMD
Doug Ikenberry, HMWMD
File: SW/WLD,'IWY 2.4.1
Rio
,i
organics
Colorado's Leader in Organic Recycling
January 31, 2018
Mr. Ben Frissell
Waste Program Coordinator
Weld County Department of Public Health and Environment
Environmental Health Services
1555 North 17th Avenue
Greeley, Colorado 80631
SUBJECT: WCDPHE Correspondence — January 25, 2018
January 19, 2018 Inspection
Al Organics, Rattler Ridge Composting Facility
Keenesburg, Weld County, Colorado
Dear Mr. Frissell:
We received your request for response related to the January 19, 2018 inspection. All waste
materials are handled and processed in accordance with best management practices to the
best of our ability. Unfortunately, extreme weather is uncontrollable.
Al intends to continue to make improvements to our facility to further control debris leaving
the facility. As documented in our January 3, 2018 email, we have installed a weather
monitoring station to monitor wind speed and direction to aid screening decisions, and we are
hiring labor to clean up debris that has migrated off site.
Further, as documented in our January 10, 2018 email, we had contracted to purchase an 18'
litter fence to install on the east and southeast area of the facility where a majority of the
debris collects. Al suspended the construction of the fence at the request of our neighbor.
Given the current situation and duty to comply with the development standards, we are now
actively pursuing the litter fence construction. We intend to have the fence constructed no
later than 180 days from the date of this letter. In the meantime, we are procuring equipment
and labor to control debris from leaving the facility, and providing the necessary clean-up of
debris that has migrated off of the facility.
Al Organics Corporate Headquarters: 16350 WCR 76 • Eaton, Colorado 80615
Tel 970-454-3492 • 800-776-1644 • Fax 970-454-3232
Facilities Eaton • Keenesburg • Stapleton
Las Vegas, Nevada
www.a1organics.com
US
Seal of Tesling
Assurance
Composting
Council
organics
Colorado's Leader in Organic Recycling
We believe the actions we are taking will significantly reduce debris migrating off of our facility.
Should you require additional information, please contact us at your convenience.
Regards,
Chris Skelton, P.G.
Geologist / Regulatory & EHS Officer
Al Organics Corporate Headquarters: 16350 VVCR 76 • Eaton, Colorado 80615
Tel 970-454-3492 • 800-776-1644 • Fax 970-454-3232
Facilities Eaton • Keenesburg • Stapleton
Las Vegas, Nevada
www.alorganics.com
US
Seal of resting
Assurance
Composting
Council
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
January 25, 2018
A-1 Organics
Mr. Chris Skelton
16350 WCR 76
Eaton, CO 80615
Subject: A-1 Organics. Rattler Ridge (Keenesburg) Compost Facility— Blowing
Debris/Litter Off -Site.
Dear Mr. Skelton:
During the Weld County Department of Public Health and Environment's (WCDPHE) last
inspection of the Rattler Ridge Organic Recycling Facility, located at 12002 Weld County Road
59, conducted December 1, 2017, and outlined in a January 3, 2018, inspection letter, it was
noted that there was windblown debris/litter that had left the site boundaries. Information on
how A-1 planned on dealing with the debris was requested in the initial inspection letter and a
response was received on January 10, 2018, in the form of an email. A-1 indicated several
methods to help reduce and remove this debris/litter including: procurement of a slow speed
shredder; re -configuring wind row sizing and construction; adding additional capping methods;
purchasing a high volume and high suction power vacuum truck to pick up litter; using hired
labor to pick up debris; and. purchasing an industrial grade 18 -foot litter fence to be installed
along the east and southeast portions of the property. It appears that hired labor has been
implemented, but no other options have been used or a timeline for implementation established.
On January 18, 2018. WCDPHE received a complaint of debris/litter blowing off -site and onto
neighboring properties from the A-1 Facility. An inspection of the property conducted by a
representative of this department on January 19. 2018. found significant debris on neighboring
properties outside the Rattler Ridge property boundary.
In accordance with Development Standard 13 of USR-1285, "Waste materials shall be handled,
stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential
nuisance Conditions". Based on observations made during the initial inspection on December 1,
2017, and in response to a compliant made on January 18, 2018. it appears that A -I is in
violation of the above Development Standard.
It is expected that you comply with all applicable regulations immediately. A written/electronic
response is requested, which shall include a timeline for methods presented by A-1 in their
January 10, 2018, email to deal with the current debris blown off -site and how the Facility will
prevent future occurrences. WCDPHE recognizes the efforts by A-1, but the problem persists.
Please inform us of your intentions within ten (10) days of the date of this letter. Failure to
Health Administration
Vital Records
Tele: 970-304-64 IC,
Far: 'J70-304-6412
Public Health 8
Clinical Services
fele: 970-304-64'20
gat: 970-304-6416
Environmental Health
Services
Tele: 970-2,04-6415
Fox: 970-304-6411
Communication.
Education & Planning
Tele: 970-304-6470
Fax:'l;l70-304-6452
Emergency Preparedness
8 Response
Tele. 970-304-647(1;
Fax: 970-304-6452
Public Health
comply with your Development Standards will result in a Probable Cause/Show Cause hearing
before the Board of County Commissioners. If you have any questions, please contact me at
(970) 400-2220.
Sincerely,
Ben Frissell
Environmental Health Specialist
Waste Program Coordinator
Weld County Department of Public Health and Environment
Environmental Health Services
ec: Bob Yost, A-1 Organics
Tom Parko, Weld County Department of Planning Services
Michelle Martin, Weld County Department of Planning Services
Deb Adamson, Weld County Department of Public Health and Environment
Lauren Light, Weld County Department of Public Health and Environment
From: Heather Barbare
Sent: Wednesday, August 27, 2014 10:43 AM
To: 'Bob Yost'
Cc: Kent Pendley; Carole Gerkin; Ikenberry - CDPHE, Doug; James Taloumis;
Driver - CDPHE, Jace
Subject: RE: Odor Complaint
RE Odor Complaint
Thank you, Bob.
Weld County considers both BiOWiSH and ProBIO-K2 approved feedstocks and has added
this
information to county files.
Heather Barbare
Environmental Health Specialist, Waste Program Coordinator
weld County Department of Health & Environment
1555 N 17th Ave
Greeley, CO 80631
hbarbare@co.weld.co.us
970-304-6415 Ext. 2223
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 protected 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.
From: Bob Yost [mailto:BobYost@alorganics.com]
Sent: Tuesday, August 19, 2014 12:31 PM
To: Heather Barbare
Cc: Kent Pendley; Carole Gerkin; Ikenberry - CDPHE, Doug; James Taloumis; Driver -
CDPHE, Jace
Subject: RE: Odor Complaint
Heather,
Thank you for your response. As a point of note, I had created a site Facility
Manual for Rattler Ridge
that included the information you requested. But the manual was in my office...and
not at Rattler
Ridge. I will have that manual taken to the site. I attached the following for
your review:
Odor Corrective Actions SOP
MSAP/AW SOP that identifies corrective actions related to Odor
Biowish MSDS and information
ProBio SOP, MSDS, and process information.
We had discussed the Biowish and ProBio products during meetings with Doug
Ikenberry, Roger Doak,
and Troy Swain over the past 2 years related to working through the revised EDOP
Page 1
RE Odor Complaint
process for Eaton.
we had not considered them to be feedstock related at that time. However I am
respectful of the
current D&O plan at Rattler Ridge and am attaching the information related to them
here to formally
request approval of these products. Our desire is to research their capacity for
improved odor
management and composting efficiency.
Regards,
Bob Yost
vice President,
Chief Technical Officer
Ph: 970-454-3492 ext 1014
Cell: 303-710-9121
bobyost@alorganics.com
website: www.alorganics.com
Al Organics on: Twitter Facebook
Compost: Nature's Way to Grow!
? Please consider the environment and only print this e-mail if you must. Think
Green and Reduce,
Reuse, Recycle
From: Heather Barbare [mailto:Hbarbare@co.weld.co.us]
Sent: Friday, August 15, 2014 11:21 AM
To: Bob Yost
Cc: Kent Pendley; Carole Gerkin; Ikenberry - CDPHE, Doug; James Taloumis; Driver -
CDPHE, Jace
Subject: RE: odor Complaint
Bob,
Weld County appreciates the time A-1 staff took yesterday to show us around the
Rattler Ridge
facility, show us the new windrow turner, and demonstrate the methods you outlined
below. Weld
County collected odor readings at the facility and noted that the odor readings met
USR-1285
Development Standard #9 requirements. This development standard refers to the Odor
Abatement
Plan and measures that will be taken in the judgment of the weld County Health
Officer. In
accordance with this USR Development standard, please provide the odor response SOP
referenced
below, as this was not available onsite yesterday. weld County noted that measures
were being
conducted to reduce standing water (no pooling was observed at the time of the
visit). Additionally,
weld County noted the sign in the office indicating drivers should reduce their
speeds and cover their
loads. Weld County observed drivers following these procedures.
weld County observed use of a Manetech product, Probio-K2, at the facility.
Probio-K2 was being
mixed with waste -slurry and applied to a test area and to windrows. An SDS was not
Page 2
available onsite
for this material/chemical. Please provide the SDS sheet and analytical information
for this feedstock
ASAP. Additionally, when we spoke on the phone, you mentioned the future (Monday)
use of a
product called Biowish. Please also provide an SDS sheet/analytical information for
Biowish. Weld
county appreciates A -1's pro -active approach to odor reduction; however, weld county
currently
considers these "odor reduction materials" to be feedstock materials and A -1's
current EDOP indicates
"prior to receipt of new materials, the operator will contact the governing body,
describe the new
feedstock and determine what, if any analytical information is required."
Additionally, A-1 must
comply with all federal regulations and OSHA's Hazardous Communication Standard
(including having
SDS sheets onsite as needed). weld County is excited to learn more about the ways in
which Probio
and Biowish may assist with odor control and look forward to innovative solutions to
implement
nuisance control measures. Please provide SOS sheets and information about these
measures (SOPs)
immediately.
RE Odor Complaint
Thanks for your attention to this matter.
Heather Barbare
Environmental Health Specialist, Waste Program Coordinator
weld County Department of Health & Environment
1555 N 17th Ave
Greeley, CO 80631
hbarbare@co.weld.co.us
970-304-6415 Ext. 2223
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 protected 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.
From: Bob Yost [mailto:BobYost@alorganics.com]
Sent: Wednesday, August 13, 2014 8:51 PM
To: Heather Barbare
Cc: Kent Pendley; Carole Gerkin
Subject: Odor Complaint
Heather,
My apologies for the delay in sending this to you.
we are aware of recent odor issues at Rattler Ridge. odors have not been an issue
Page 3
RE Odor Complaint
in the past. we
believe the incidence resulted in a large part from the significant rain received
at the site over the past
few weeks. we received several multiple inch events from thunderstorms. odor
issues were limited
to the foodwaste composting area at the site. The windrows were quite saturated.
The significant
rain had a similar effect to what is created at a feedlot that receives significant
moisture. In those
conditions, anaerobic conditions can be created which result in increased odor
potential.
we purchased a new windrow turner and it now operational and on site. we have begun
aggressive
aeration of the foodwaste windrows to return them to aerobic conditions and return
the site to its
previous condition. our odor response SOP requires increased aeration.
Additionally we are applying a biological additive designed to control odors to a
test windrow to
ascertain its effectiveness. That material is being applied Monday the 18th to 2
test windrows to test its
effectiveness.
site operators will also be instructed to make sure there is no standing water or
pooling present (also a
part of our odor Response SOP).
Regarding the comment related to uncovered loads. There are numerous trucks
accessing the road to
the landfill as well as our site of course. But assuming they were trucks accessing
our sites, we have
notified all of our hauling companies and instructed them to notify all of their
drivers regarding the
requirement to cover loads and to strictly observe speed limits. we have posted
additional signs in the
office related to those requirements as well and we will instruct our office and
site personnel to
verbally instruct drivers to that loads must be covered and to observe all speed
limits.
Sincerely
Bob Yost
Vice President,
Chief Technical Officer
Ph: 970-454-3492 ext 1014
Cell: 303-710-9121
bobyost@alorganics.com
website: www.alorganics.com
Al Organics on: Twitter Facebook
Compost: Nature's Way to Grow!
? Please consider the environment and only print this e-mail if you must. Think
Green and Reduce,
Reuse, Recycle
Page 4
DOPHE 136
HAZARDOUS MATERIALS
SW_1.6._2732
lu INIII IIII IIII� I� VIII IIII II III
BOX#
249
Sw/ //6 /6
RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING USE BY
SPECIAL REVIEW PERMIT #1059 AND CERTIFICATE OF DESIGNATION -
LAMBLAND, INC., DBA Al - ORGANICS
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, on the 13th day of April, 2011, a Probable Cause Hearing was held before the
Board to consider setting a Show Cause Hearing to determine whether or not Lambland, Inc., dba
A-1 Organics, Attn: Charles Wilson. 16350 County Road 76, Eaton, Colorado 80615, was in
compliance with certain Conditions of Approval and Development Standards contained in Use by
Special Review Permit #1059 and the Certificate of Designation for a Composting Facility in the
A (Agricultural) Zone District, and
WHEREAS, the alleged violations were said to be occurring on property described as part of
the W1/2 SW1/4 of Section 20, Township 3 North, Range 67 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, after hearing testimony from the Departments of Planning Services and Public
Health and Environment, the Board finds that pursuant to the procedure as set forth in Chapter 2,
Administration, the Weld County Code there is sufficient probable cause to schedule a Show Cause
Hearing to consider whether or not said Use by Special Review Permit should be revoked for failure
to comply with certain Conditions of Approval and Development Standards, and
WHEREAS, the Board shall hear evidence and testimony from all interested parties at said
Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by
Special Review Permit #1059 and the Certificate of Designation, issued to Lambland, Inc., dba A-1
Organics, should be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall
be April 27, 2011, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following Conditions of
Approval and Development Standards:
1) Development Standard #3 -'The Weld County Health Department and the Weld
County Planning Department shall be notified, in writing, of any new materials (other
than manure/bedding) proposed for composting. Written approval to proceed with
composting shall be obtained from the Weld County Health Department prior to
receipt of the new material. Submittal information shall include operational
procedures and storage procedures. All materials considered for composting shall
meet current and future regulatory requirements for that specific material. No dead
animals shall be composted on site."
(e : �c x� Appi., kttorn
2011-0941
PL1006
SET SHOW CAUSE - LAMBLAND, INC., DBA A-1 ORGANICS (USR #1059 AND CERTIFICATE
OF DESIGNATION)
PAGE 2
2) Development Standard #5 - "No stockpiling of raw material such as manure/bedding,
food waste, biosolids, or any other approved putrescible material shall be allowed on
site. All raw, uncomposted material shall be placed in windrows or other processing
unit within 72 hours upon receipt at the facility. This shall not include bulking agents
such as wood chips, grass clippings, etc., and liquid biosolids stored within approved
closed storage tanks?
3) Development Standard #9 - "Waste materials shall be handled, stored, and disposed
of in a manner that controls fugitive dust, blowing debris, and other potential
nuisance conditions?
4) Development Standard #13 - "Any solid waste as defined in the regulations
pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2) received or
generated at the site must be removed and disposed of at an approved sanitary
landfill."
5) Development Standard #19 - "The facility shall comply with the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), end the
facility shall also comply with an composting regulations promulgated pursuant to the
Solid Waste Act, Section 30, Article 20, Part 1, C.R.S."
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of April, A.D., 2011.
ATTEST:
Weld County Clerk
BY.
Deputy Clerk to the
Date of signature: 41/2O/
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Davi. Lo
BOARD OF COUNTY COMMISSIONERS
WED COUNTY, COLORADO
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WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
A -I Organics
Mr. Chris Skelton
16350 WCR 76
Eaton, CO 80615
Subject: A -I Organics, Rattler Ridge (Keenesburg) Compost Facility — Blowing
Debris/Litter Off -Site. Response to A-1 Organics' January 31. 2018 letter.
Dear Mr. Skelton:
Weld County received A -I Organics' response to the Weld County Department of Public Health
and Environment's (WCDPHE) letter dated January 25, 2018. titled "A -I Organics. Rattler
Ridge (Keenesburg) Compost Facility- Blowing Debris/Litter Off -site". Thank you for the
timely response, however, a more detailed timeframe regarding the fence installation and work
being done in the interim is still needed.
As part of A-1 's response. you indicate that the fence will be constructed no later than 180 days
from the date of your letter, January 31, 2018. WCDPHE feels that this timeline is vague and
much longer than needed. Please provide documentation that work has begun on hiring a
fencing company and a more accurate timeline of when work is likely to be completed. This
should also include specifics as to what type of fence is being proposed. In previous
conversations with A - I, , it was noted that there may be a 5 -week lead time for the fence
construction. This is significantly shorter than the 180 days proposed.
Additionally, it was noted that labor would be hired to clean up debris that migrated off site.
While this is acceptable, please provide a more thorough explanation of what this work will
consist of and how A -I plans to monitor this progress. Specifically, include information on how
debris will be removed from neighboring properties and steps A -I will take to gain access to
these properties along with any other pertinent information.
A written/electronic response is requested, which shall include a more detailed timeline for the
fence construction, information regarding the fencing being proposed and methods to deal with
the current debris blown off -site including access to private property. Please inform us of your
intentions within seven (7) days of the date ofthis letter. Failure to comply with your
Development Standards. previously outlined, will result in a Probable Cause/Show Cause
hearing beth-e the Board of County Commissioners. If you have any questions. please contact
me at (970) 400-2220.
Health Administration
Vital Records
Tele: 970 304-6410
Fa>.: 970-304-64 12
Public Health &
Clinical Services
Tele: 970-304-6420
Fax: 9.'0-304-64;6
Environmental Health
Services
Tele: 970-304-641-5
Fax: 970-304-6411
Communication.
Education & Planning
Tale: 970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: '3'0-304-64 70
Fax: 970-304-645;
Public Health
Sincerely,
Ben Frissell
Environmental Health Specialist
Waste Program Coordinator
Weld County Department of Public Health and Environment
Environmental Health Services
ec: Bob Yost, A-1 Organics
Tom Parko, Weld County Department of Planning Services
Michelle Martin, Weld County Department of Planning Services
Deb Adamson, Weld County Department of Public Health and Environment
Lauren Light, Weld County Department of Public Health and Environment
Hello