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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 Mom o • !rr o oc min C.), C 11) mow o G] mom a E 43: mom co 6) The composted overs piles shall be encased with tackifier instead of the _swam � o clean wood materials. 1 r 0 ~cv ,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. p 44. • . ; • I. 1 `, st•1j • 1- 1 \_ • ••• g It • • • • • • • *1 • •,t • $P •Wir I • • • t. t • r ♦ S. 4' • • • I • • IA 1 red4 • `i • �aqt %. ‘„• r. • i • • sk Sb $ I I • i t 4 • at a .4 • • i 1 t S. • 1 0 • • • • •.lf • :Or • •• • 4 s set • • • I 5 N • rPP. • • .' K " \ • , to ♦ ft • r / a • wfIR r SAL ♦ i OP • • 4"t' f • .— I l • • • fta I Ws Stt 4 l' s• 1 I • • • l ♦ • • • 1 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/ u Davi. Lo BOARD OF COUNTY COMMISSIONERS WED COUNTY, COLORADO i arbara Kirkrneyet(Chair an " • ay, Pro -Tern Dougla - Rademach r u Z£LZ/'9'T/MS Z'vZZ/'9'6/MS r t eqp .aut 'puelgme-1 - uoheUEltaG Jo ateouluaa PUB 6Sor p guliad etaleaJJ letaadg .Cq acts autuaaauo' autJeaH atneJ aigegoad re p.reog Jo uopay :aj - uonnlosali - ruawaa1ojea - aauapuodsa.uo3 - arseA\ Pllog Q'IM IroZisZit 2011-0941 P11006 MJH/A!!I!Oe1 6ui;sodwoo 99 AeMy6IH nimrr,�r,u��uxun _.-£ SPECIE), REV£LPLAl N1 PL AM .CI A1. REV IEk RERAN (, PE'wry oPAk"N' STANIAROS :.A+w AND. INC.. PIM A-1 ORGANICS ()SR ',PPS RATTLER RIDGE' ORGANIC RECYCLING FACILITY St)eL I t /C/ l7'ti X%I_11' February 1, 2018 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