HomeMy WebLinkAbout20181896STEWART ENVIRONMENTAL
CONSULTING GROUP, L LC
ENGINEERING FEHR LIFE
February 22, 2018
Ms. Barbara Kirkrneyer, Pro -Tern
Weld County Board of Commissioners
Po Box 758
Greeley, CO 80632
Subject: Al Organics
Project No.. 4903-001
Dear Mr. Guttersen:
ACEC
I PAGE OF DOCUMENT
INCLUDED IN PAPER FILE.
REMAINDER RETAINED
ELECTRONICALLY IN TYLER.
'3 Lri 1 Mit
This letter report is to provide information on the environmental assessment of the Al Organics operation at Rattler
Ridge in Keenseburg Colorado on behalf of Art Guttersen, adjoining land owner. As part of this assessment, I reviewed
the following:
1. Previous correspondence with Weld County on issues of Al Organics
2. Odor issues and complaints
3. Issues with blowing trash
4. Issues with flies during the summer
In our research, I reviewed the documents that are listed in Attachment A. We also had discussions with Mr. Ben
Frissel, Environmental Health Specialist, Weld County Department of Public Heath and Environment and Mr. Doug
Ikenberry, Environmental Protection Specialist, Colorado Department of Public Health and Environment. Both
gentlemen were very helpful in determining the various options to resolve the issues with the items listed above.
Background
The Rattler Ridge facility was permitted in the early 2000's. As part of this permit, the facility was to have the flowing:
1. A Certificate of Designation (CD) is required to operate this facility. The CD was issued by Weld County in
2000
2. The facility also is required to operate under a special use permit. This permit has various requirements
that will be discussed as part of this assessment.
3. An approved Engineering Design and Operations Plan (EDEP). The facility has the original EDEP from 2000
but has been requested to update this plan several times. This has been an ongoing activity since 2008
and is still not complete currently.
4. There have been several notices of violations for this facility (as noted in the attachment) and these
include issues of odor, blowing trash, non -approved acceptance of various waste streams and not tracking
their waste inventory as required under their Air Pollution permit exempt letter.
Previous Complaints by Art Guttersen
Mr. Art Guttersen provided a copy of a letter from Weld County health department in March, 2004 (see attachment)..
In this complaint to Mr. Bob Yost with Al Organics, Ms. Cindi Etch eve rry, stated that odor issues were in excess of the
746 WHALERS WAY, SUITE 210 I FLIRT COLLINS, COLOPADQ 80525 1 T: 970.226.5500 # F: 970.226.4946 1 : •rEnsrrENV.CG
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CONSULTING ENGINEERS AND Sc;ENTISTS
15:1 dilution factor. At that time, Al Organics was to submit a written plan on how odor would be mitigated at the
site. Mr. Guttersen is still detecting odor issues from 2004 to 2018. This seems to be an ongoing issue. In addition,
the strongest odor appears to be from the rendering waste (discussed later in this report). Al Organics has
communicated that this strong and objectionable odor will go away when the Heartland facility is started again. The
situation does not seem to change with time.
Odor Issue
The odor issue is a very difficult issue to control. Due to its very nature, odor is a transitory condition and is dependent
on the weather conditions, such as temperature inversions or wind direction of speed. As part of the special use
permit, Al Organics agreed to the following:
Odor, seldom is a problem at a properly operated compost site. As with dust arid flies the composting process
reduces odors by its very nature. The Odor Management and Abatement plan is as follows:
1. Corrective actions listed below in item 7 will be immediately implemented it odor is found to
exceed a 15:1 threshold at Al's borders.
2. All wet and odorous feedstocks will be mixed with proper amounts of dry bulking agents
immediately upon arrival at the compost site.
3. Proper composting temperatures will be monitored and maintained at permissible levels to insure
the composting process stays aerobic.
4. The mixing pads will be cleaned, and a thin layer of bulking agent added to "soak up" any leftover
liquids or wet materials.
5. Any spills outside the mixing pads will be immediately cleaned up.
6. The site manager will immediately investigate any bad odors and perform one or all of the
following procedures:
a. Aerate any windrow that may have gone anaerobic and correct the row's mix by blending
feedstocks.
b. Add a bulking agent cover of straw or sawdust to an overly ripe windrow.
c. Change the feedstock mix ratio for mix -specific persistent and recurring onsite odor
problems.
A review of similar facilities have a much lower odor dilution factor for odor issues (7:1 is more typical). I have not
been able to determine how this odor dilution number was set but it appears it was a request from Al Organics. While
the agreement in the special use permit provides the 15:1 ratio, the EDEP has the following information:
STEWART ENVIRONMENTAL CONSULTING GROUP, LLC
ON -SITE: Ddors associated wilt the composting process will be controlled by utiiizrng a
combination of aeration and capping techn6ques. Capping materials will consist of finished
unscreened compost and for ground wood rnalenals, or a combinatlorr ai bath materials AC the
conclusion oteach ( y, new material placed in windrows will be capped with a minimum of 6" of
capping material.
Completed windrows will be allowed to process withoul disruption fora period long enough to
ensure that significant odors wlll not be emitted when they are turned or flippe-d. In -vessel systems
include controlled air systems to deal with odors That would be included in in -vessel operational
plans should they be used.
As needed, windrows will be aerated using Industry standard equipment or -rant-end loaders tr
ensure that aerobic canditlons are maintained within them. ht additional wetting agents such as
waste t6eer are added, :are will tie taken to avoki pordirig of liquids
Any free liquids noted on the site will be absorbed with wood materials or remediated with a front-
end loader.
If excessive or noxious odors are detected on-sile the operator will locate the source and
implement appropriate Steps to eliminate them
OFF -SITE: If odors in excess of regulatory requirements are documented off -site, or if odor
complaints or notification of off.site odor is received, the Operator will act immediately to determine
the source of the odor and take remedial action. Ramediatlon activities will consist of aeration,
additional capping of materials. apprirafion of do-odorizing materials at the source, containment in
an in -vessel system, removal of materials from the site, or a combination of these items.
As noted above, the odor issue is either an exceedance of the 15:1 dilution ratio or through a complaint at the site.
In August 2014, a complaint was registered at the site. Al Organics did respond this complaint and contacted Weld
County regarding this complaint. Several chemicals were proposed to help control the odor and the operations at the
site were reviewed.
I believe Mr. Guttersen has made additional complaints regarding odors to Weld County as well as to Al Organics
directly. As part of their operations plan, they are to respond to these complaints in a timely manner. From our
discussions, it appears that this has not been resolved.
It appears that a significant odor originates from a rendering plant effluent. A rendering waste contains very high
Biochemical Oxygen Demand (BOD) and nitrogen compounds (TKN, ammonia, nitrate/nitrite). While the facility, as a
class 1 facility, has the ability to accept various waste streams, they need to be approved by CDPHE. It is my
understanding that the rendering waste stream is to go back to Heartland Industries directly for disposal when it
begins operation again. However, when Heartland was closed, the waste began coming to Al Organics. There is not
evidence in the CDPHE or the Weld County files indicating that they are accepting these wastes or have asked for
approval.
I have observed the actual operation of the site for a short time period on January 29, 2018 when I toured the area
with Art Guttersen. During this small time at the site, I did observe a truck delivering material to the site and was
losing liquid waste prior to spreading and mixing the material. This waste was spilling near the entrance to the site.
This would be one cause of the odor issues, liquid waste not being applied properly at the site.
For the reasons listed above, Al Organics needs to respond to the issue of odors. The best option would be to stop
taking the rendering waste stream, which causes the odor issues. However, even if this is implemented, odor controls
STEWART ENVIRONMENTAL CONSULTING GROUP, LLC
need to be implemented, tracking and approval of wastes with Weld County and CDPHE need to be implemented per
their existing permits.
Blowing Trash
Al Organics Rattler Ridge has been cited numerous times for the issue of trashing blowing off the site. In late January,
they stated that they will be constructing a trash fence to stop or greatly reduce the trash from blowing from the site.
They also hired a day crew to do pick up of the trash.
While this is an acceptable attempt to resolve the trash issue, it will take diligence on behalf of Al Organics to get this
implemented. To date, they have not been successful at this as shown from the inspection reports and the permit
enforcement actions at the site. Mr. Guttersen continues to experience trash on his property on a continual basis.
Flies at the Site
Both the operating plan and the Special Use Permit as well as the State Permit call for Al Organics to control files at
the site. The EDOP states that flies should not be an issue with the proper temperature and control of the composting
operation. However, Mr. Guttersen has stated that flies are a significant issue during the summer.
There are not any complaints on file with regard to the flies, so it will be necessary to have Mr. Guttersen make a
complaint. At that time, Al Organics should be capable to controlling the flies either through the proper management
of the compost or through the use of chemicals on the site. The original EDOP provides the following:
STEWART ENVIRONMENTAL CONSULTING GROUP, LLC
Properly operated compost sites very seldom have fly problems. Usually arty materials
that may be a ocia ted with flies at feedlots or waste treatment operations are net left
laying about to allow for fly breeding. At a compost site the ma fermis are immediately
mixed and the composting process initiated. The resulting mix is usually too hot for
flies or has been processed to the point where they are deprived of available food. These
are but a few. of the reasons composting is the method of choice for waste treatment.
The Fly Management and Abatement Plan ie as follows;
1. Windrows will be maintained at proper composting temperatures_ Temperatures of
45 to &I degrees C are not acceptable breeding tempera iu:res for flies.
2. Wet, high nitrogen feedstocks will be immediately mixed with bulking agents and
placed into compost windrows.
3, Mixing pads will be scraped and cleared to the best degree possible and a thin layer
of hulldng agent added to the mixing floor. if needed, to "soak- up any remaining
liquids or wet materials.
4. Any spills of wet materials outside of the mixing area will be immediately cleaned
up.
5. If flies should become a problem Al personnel will perform one or all of the
following procedures:
a. Detennine if the fly problem is due to onsite materials or processes (anaerobic
material, wet area, or rotten hulking agent)_ If , corrective action will
immediately be taken to "fix" the problem (aerate, mix, or add a bulking agent
cover).
b. If the problem seem to be seasonable and associated with the mixing pad or
bulking agent storage area, Al will initiate an Integrated Pest Control project
using fly parasites (Nasoorra vitriperirifs, es ifumx =raptor) purchased from The
Source, l ddirng, CA or equivalent. The fly parasites would be released at the
dosage recommended by the grower.
c. A final and last resort step would be to spray the site with an approved
ag cultural ttycontroI.substan.ce purchased at the local Coop_ However, Al
would not envision this step being taken, es flies have never been a problem at
any of it other sites,
It appears that this plan is not being implemented properly if the issues that you have stated exist. It will be necessary
to provide the complaint when that condition is occurring and to notify Al of the complaint along with Weld County
and CDPHE.
STEWART ENVIRONMENTAL CONSULTING GROUP, LLC
Art, this is my assessment. While Al has the ability to implement the correct plan, based on what I observed (trash
on the fence, loosing liquid from the trucks near the entrance to the facility, odor at the site, etc), it appears that there
is an issue with the facility operation. I would suggest a meeting with the County to help resolve this issue.
Sincerely,
STEWART ENVIRONMENTAL CONSULTING GROUP, LLC
David R. Stewart, PhD, PE
President and CEO
Enc.
Cc: Mr. Art Guttersen
Mr. Bruce Barker— County Attorney
Mr. Tom Parko — Weld County Director of Planning
Mr. Trevor Jiricek— Weld County Environmental Health Services Division Director
Mr. Ben Frissell — Environmental Health Specialist
Mr. Doug Ikenberry - CDPHE
STEWART ENVIRONMENTAL CONSULTING GROUP, LLC
Attachment A
List of Materials Reviewed
Attachment A— Weld County Letter regarding Art Guttersen
Attachment B — Colorado Department of Public Health and Environment
A-1 Organics compliance advisory response
A-1 Rattler Ridge Sept 2010 Revised Design and Operations Plan
Air Pollution Inspection - Eaton - 20170310
Odor Regulations - 5-CCR-1001-4
Rattler Ridge - Air 2017 INSP RPT 20171217
Solid Waste - Correspondence - Enforcement - Compliance Advisory Related to September 18, 2014 Inspection
Solid Waste - Correspondence - Enforcement - Follow-up to Compliance Advisory
Solid Waste - Correspondence - Enforcement - Information Submittal for the Record - Alleged Violation of the "A
Solid Waste - Correspondence - General - Approval Use of Process Effluent from Colorado Biolabs
Solid Waste - Correspondence - General - CERTIFICATE OF DESIGNATION APPLICATION RATTLER RIDGE
COMPOSTING FACILI
Solid Waste - Correspondence - General - Compliance Statues Jan 2014
Solid Waste - Correspondence - General - Rattler Ridge Oct 2013
Solid Waste - Correspondence - Inspection - Compliance Advisory for Rattler Ridge
Solid Waste - Correspondence - Inspection - Rattler Ridge Organic Recycling Facility Fourth Quarter Inspection
Solid Waste - Correspondence - Inspection - Routine Compliance Inspection - October 27, 2005
Solid Waste - Monitoring - Groundwater - Groundwater Sampling Summary Report
Solid Waste - Permit - D&O Amend - E -Mail Re Rattler Ridge Compost Facility - E -Mail from Troy Swain Regarding
D&O Plan
Solid Waste - Permit - D&O Amend - Rattler Ridge Foodwaste Management Plan - January 1, 2013
Solid Waste - Permit - D&O Plan - RATTLER RIDGE ORGANIC RECYCLING FACILITY
Attachment C— Weld County File Review
20001204 Resolution CD RATTLER RIDGE
A-1 Organics Highway 66 Composting Facility 20120425 WCDPHE Memo to BOCC
A-1 Platteville 20120413 WCDPHE e-mail to Planning re vacation of USR and CD
A-1 Platteville CDPHE Closure Letter 20120329
Al response letter to Weld County Jan 31 2018
A-1 RR Debris Complaint Letter
DRAFT 20120418 Memo to BOCC re A-1 Platteville
RE Odor Complaint
Solid Waste - Correspondence - Enforcement - Resolution - Special Review Permit # 1059 and Certificate of
Designation
USR-1285 RATTLER RIDGE
WCDPHE Response to A-1 RR Debris Complaint Letter
STEWART ENVIRONMENTAL CONSULTING GROUP, LLC
Attachment A
Letter to Al Organics — Weld County Health Department — 2004
STEWART ENVIRONMENTAL CONSULTING GROUP, LLC
COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
PUBLIC HEALTH EDUCATION AND NURSING (970) 304-
6420
FAX (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
FAX (970) 304-6411
March 1, 2004
Bob Yost
A-1 Organics
16350 WCR 76
Eaton, CO 80615
Subject: A-1 Organics, Rattler Ridge Compost Facility — Complaint Investigation
Dear Mr. Yost:
As you are aware, on February 20, 2004, the Weld County Department of Public Health and
Environment received a complaint concerning strong odors that were emanating from your facility
located approximately 5 miles north of Keenesburg, 2.25 miles north of Weld County Road 59. In
response to the complaint, our Department conducted an investigation. The purpose of the
investigation was to determine whether odors were emanating from the facility in excess of the
concentration allowed by Development Standard No. 9 of USR 1285. Development Standard No.
9 states the following:
The facility shall be operated in a manner that controls odor in accordance with its
approved Odor Abatement Plan. Odors detected off site shall not equal or exceed the level
of fifteen -to -one dilution threshold, as measured pursuant to Regulation 2 of the Colorado
Air Pollution Control Regulations. Additional odor abatement measures shall be
implemented at the request of the Weld County Department of Public Health and
Environment in the event odor levels detected off site of the facility meet or exceed the level
of fifteen -to -one dilution threshold or, in the judgment of the Weld County Health Officer,
there exists an odor condition requiring abatement.
On Friday, February 20, 2004, our staff observed odor emanating from the facility in excess of
fifteen -to -one dilution threshold. Measurements were obtained in accordance with Regulation 2. In
response to the findings, on February 25, 2004, I communicated to you verbally that an odor
condition that required abatement had been observed. As a result, Weld County is requesting that
you submit a written plan of correction and maintenance to prevent current and future excessive
odor conditions. Please submit this plan within 30 days from receipt of this letter.
Please also include in the written plan of correction, a reasonable time line which you expect the
odors to be back within the concentrations allowed in Development Standard No. 9.
O.ETCHIWASTE1RaHler Rldge1040301adar vlo adan nolice.doc
Bob Yost
March 1, 2004
Page 2
We appreciate your prompt attention you have given to this matter. Please do not hesitate to call if
you have any questions or if we can be of any assistance. I can be reached at (970) 304-6415,
extension 2220.
Sincerely,
Cindi Etcheverry
Environmental Health Supervisor
Environmental Health Services
cc. Trevor Jiricek, Director, Weld County Environmental Health Services (via email)
Roger Doak, Colorado Department of Public Health and Environment
Glen Mallory, Colorado Department of Public Health and Environment
Kim Ogle, Department of Planning Services (via email)
Art Gutterson, 17506 Weld County Road 57, Kersey, Colorado, 80644
Q:\ ETCH\WASTE1Ratiler Ridge104030ZodorvioVation nolice.doc
February 12, 2004
Mr. Tom Wilson
Al Organics
16350 WCR 76
Eaton, CO 80615
Dear Tom,
inn writing to you today to explain a couple of concerns that I have regarding odor emissions
from your firm's Rattler [edge facility. First, it is my understanding that the Weld County
Health Department received an anonymous complaint on Monday, February 9th about
ohjectionable odor emissions from this site l want you to know that I did not file that complaint.
On the other hand, I want to be a good neighbor to your operation; however, my patience is
nearly exhausted. After enduring strong, obnoxious odors from this Rattler Ridge facility for
over one year, I cannot see that any progress has been made in solving its objectionable odor
emission problems.
Farber this week I had a conversation with Cindy at the Weld County Health Department_ It's
my understanding that she made an odor wading of 7:1 dilutions -to -threshold on a county road
near the entrance to the Rattler Ridge facility. Evidently, an odor reading at this level is not a
violation of your facility's permit (although i don't know this for a fact). It's my understanding
that Cindy took the odor reading on Tuesday, February 10. I also observed extremely strong
odors al my home on that day as well as the previous four days. Clearly, a 7:1 odor reading is
unacceptable because the odors from your compost materials have such a strong odor strength
and intensity that, according to my consultant, they travel a long distance before they are
diluted to an acceptable level. [ know Frown experience that a 7:1 odor reading at your properly
line is not reduced to an acceptable level al my home, which is about Iwo miles away.
I am willing to work with you to help solve your facility's odor problems; however, at this point
I do not know what I can do to heir_ I do not know what my next slaps will he, but I do know
that this problem needs to be resolved as soon as possible_ Again, I would like to continue to be
a good neighbor. What can I do to help solve this problem?
Sincerely,
Art Guttersen
Telephone Conversation Notes
Robert Tardy's Call to Gary Dounay
February 10, 2004, (Tuesday) 6:10 p.m.
Robert returned my call to him from this morning. He indicated that he spent the day in
meetings with Bob Yost and Tom Wilson. This morning he met with Bob Yost, Tom
Wilson, and Cindy (from Weld County Health Department) at the Rattler Ridge facility.
Bob stated that Cindy made an odor measurement at 7:1 dilution -to -threshold. He said
that there was a "nasty odor" at the site this morning, but Cindy's measurement wasn't
high enough for a violation. Bob stated that he would be at the Rattle Ridge site
tomorrow (i.e., Wednesday, February11) because they have "some issues."
I explained to Bob that the reason that I called was relay to him that Art wants to be a
good neighbor to Al Organics and he didn't call Weld County Health Department on
Monday with an odor complaint -- some anonymous person did. However, he's been
dealing with odors from the site for over a year and Al Organics needs to solve this
problem now. So, we're wondering what is being done to solve this problem.
Bob stated that Tom Wilson tells him that Art Guttersen doesn't have any problems with
the odors from the Rattler Ridge site, but Bob knows there are odor problems at the
Rattler Ridge site. Bob also indicated that he knows that Art calls Tom Wilson once or
twice each week. Therefore, Bob said that he knows that Art must also have concerns
about their odors.
I asked Bob if Al Organics has profiles on all of the compost materials that they accept.
He said that they get 5 to 8 loads of the same type of wastes each week, but the batches of
wastes sent to the site are not consistent. (He didn't actually respond to the question about
profiles on all compost materials.) He stated that some batches of Coors material have
shorter residence times in a digester than the less odorous batches; therefore, the batches
with short residence times "contain a lot of volatiles that are very odoriferous."
I then asked if Al Organics gets a call from Coors before each load is shipped so that the
site can be prepared to unload the material. Bob didn't answer this question. However,
Bob said that digester material sometimes is spilled on the ground while unloading a
truck and this material can be a real source of odors if it's not picked up and placed in a
compost pile. Bob also indicated that the delivery trucks from Coors are all supposed to
be covered, but some trucks, such as the truck that arrived last Friday evening, arrive
uncovered. Bob stated that the uncovered trucks might be a source of the odors that Art
experiences. I asked Bob if all of the trucks are unloaded immediately upon arrival, to
which Bob responded, "They should be, but this might not always be the case." I asked if
the truck that arrived uncovered last Friday was immediately unloaded. Bob said, "I'm
not sure, but I don't think so."
The conversation then went back to Cindy's odor observation. I mentioned to Bob that
Cindy's odor threshold reading today of 7 to 1 didn't take into consideration the intensity
and character of the odor. For example, the odor observed today was undoubtedly very
obnoxious and offensive, but some odors could be at a 7 to 1 level and not be so
disagreeable. Bob stated that he completely agrees that the odor at 7 dilutions to
threshold as observed today at the Rattler Ridge facility is very disagreeable.
I told Bob that Art and I want to help Al Organics in whatever way we can to solve the
odor problem. I then asked Bob, "So, what can we do to help?" Bob suggested that Art
make it very clear to Tom Wilson whenever Art detects odors. Bob also suggested that
Art contact his neighbors and ask them to call Tom Wilson and/or Bob Tardy whenever
they experience odors. Bob said that in this way they could revise their operations
whenever they know that their odors are migrating off site.
I asked Bob to relay to Tom Wilson that Art wants to be a good neighbor, he has
communicated with Tom Wilson, and he has tried to be patient over the past year with
Al Organics tries to correct to its odor problems. I also asked Bob to relay to Tom that
Art is not the person that called Weld County on Monday, but the odors have been very
bad for the past several days. I then asked Bob to let Art or me know if there is anything
that we can do to help solve the odor problem. For example, I have a great deal of
experience with odor issues that may be beneficial to them. I then repeated that Art has
been patient in dealing with the odor emissions from Al Organics for over a year, and we
need to collectively figure out a way to solve this problem now. Bob stated that he would
relay this information to Tom Wilson.
- G. Dounay
Attachment B
Information Reviewed from the
Colorado Department of Public Health and Environment
STEWART ENVIRONMENTAL CONSULTING GROUP, LLC
ISO
organics
Colorado's Leader in Organic Recycling
November 26, 2014
SENT VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED
Mr. Jerry Henderson
Compliance Assurance Unit
Solid Waste and Material Management Program
Department of Public Health and Environment
4300 Cherry Creek Drive S.
Denver, Colorado 80246-1530
SUBJECT: Information Submittal for the Record
Alleged Violation of the "Act" and "Regulations"
A-1 Organics, Rattler Ridge Composting Facility
Keenesburg, Weld County, Colorado
Dear Mr. Henderson:
A-1 Organics (A-1) received your advisory letter of apparent violations on October 31, 2014.
The letter requested actions from A-1 to comply with the "Act" and "Regulations" cited in your
October 28, 2014 correspondence.
A-1 currently operates the Rattler Ridge facility under the existing Engineering Design and
Operations Plan (EDOP) recorded in 2000, and revisions to that EDOP have not been accepted
by Colorado Department of Public Health and Environment (the Department). A-1 presented a
revised EDOP to the Department for both A -1's Rattler Ridge and Eaton facilities in 2010.
Subsequent to those submittals and during discussions pertaining to them, Mr. Roger Doak, then
Solid Wastes Permitting Unit leader at the Department proposed to A-1 that the revised EDOP
for the Rattler Ridge facility be set aside (related to review and comment process) until the
EDOP prepared for the A-1 Eaton facility was approved by the Department and Weld County.
Al Organics Corporate Headquarters: 16350 A CR 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
Composting
Council
Seal of Testing
Assurance
Mr. Jerry Henderson
RE: Compliance Advisory Response
November 26, 2014
Pave 2
The purpose of setting aside the review and comment process related to the Rattler Ridge 2010
Revised EDOP was to allow the Department and A-1 to focus on completing the Eaton Facility
EDOP review, comment, and approval and then use the Eaton EDOP document as a template for
revising the Rattler Ridge EDOP. This process would not only save considerable staff time and
expense for both the Department and A-1, but also provide a consistent EDOP for A-1 on both
facilities. This process also provided the Department relief related to the required response time
on the Rattler Ridge EDOP submitted in 2010. A-1 agreed to this process. Subsequent to that
agreement, A-1, the Department, and Weld County proceeded with completing the Eaton EDOP.
The Eaton USR, CD, and EDOP were approved by the Weld County Board of County
Commissioners in October of 2014, and Al is in the process of completing needs to file the plat.
Now that the A-1 Eaton facility EDOP has been approved, A-1 is on schedule to complete and
submit a revised EDOP for the Rattler Ridge facility. We feel that using the Eaton EDOP as a
template will considerably shorten the process of creating the Rattler Ridge EDOP, but
engineered physical design work related to the specifics of the Rattler Ridge site will still need to
be addressed. In order to allow our engineering firm time to schedule and complete this work,
A-1 will schedule a pre -submittal meeting with the Department to be held in mid -February of
2015, with the intent of providing a DRAFT revised Rattler Ridge EDOP to the Department and
Weld County no later than May 15, 2015
The revised DRAFT EDOP shall include procedures to manage leachate at the mixing pad. In
addition, the revised EDOP shall include formal closure and post closure plans and the required
complimentary financial assurance in the form and format that that is approved by the
Department and Weld County.
In response to your advisory, until formal closure and post closure plans are approved within the
framework of the revised EDOP, A -1 -shall update the existing financial assurance bond currently
OyoR9�
CJ , O
YC}A1. I L
'rn�eszr'a�
Al Organics Corporate Headquarters: 16350 ACR 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
Composting
Council
Seal of Testing
Assurance
Mr. Jerry Henderson
RE: Compliance Advisory Response
November 26, 2014
Page 3
in place for the Rattler Ridge facility, adjusted to reflect current inflation factors and provide the
revised bond to the Department and Weld County no later than December 1, 2014.
If you have any questions, please contact me.
Regards,
Bob Yost
Vice President / Chief Technical Officer
cc: Heather Barbare, Weld County Department of Public Health and Environment
Al Organics Corporate Headquarters: 16350 ACR 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
Composting
Council
Seal of Testing
Assurance
Al Organics
Rattler Ridge Organic Recycling Facility
Design and Operations Plan
September, 2010
Following are The revisions made to the Design and Operations Plan (D&O Plan) for Al Organics' Rattier
Ridge Organic Recycling Facility in response to the revisions in the Colorado Regulations Pertaining to
Solid Waste Disposal Sites and Facilities 6-CCR 1007-2 (Regulations), Section 14, for Class 1-5
composting facilities. In general, our old language may have been updated, new information inserted in
response to regulations that were in existence but updated, and new information inserted in response to
regulations that are new.
The revised Regulations have subsections in a different order than the original Regulations and there are a
few new ones that weren't there before. We have taken our original language and plugged it in to the new
format so that no language was omitted (except in the introduction that contained information that needed
updating).
D&O Plan
• Introduction: Old language was updated to current circumstances.
• Subsection 14.4— Engineered Design & Operation Plan: CDPHE revised heading and
language. Inserted new language.
• Subsection 14.4.1: New heading, inserted new language.
• Subsection 14.4.2(A): Updated contact information,
• Subsection 14.4.2(6): Updated information.
• Subsection 14,4.2(C): CDPHE revised heading, added new language to old language.
• Subsection 14.4.2(0): Added new language to update to current circumstances. The Waste
Characterization Plan can be found in the Appendix,
• Subsection 14.4.2(E): New heading, inserted new language.
• Subsection 14.4.2(F): CDPHE revised heading, added new language to old language. Standard
Operating Procedures (SOP) can be found in the Appendix. Procedures for receiving, processing,
and incorporating water treatment plant residuals can be found in the Appendix. Added new
language to address new parts of heading.
• Subsection 14.4.2(G): OK.
• Subsection 14.4.2(H): Updated language.
• Subsection 14.4.2(1): New heading, inserted new language.
• Subsection 14.4.2(J): New heading, inserted new language. The training guide can be found in
the Appendix.
1
• Subsection 14.4.2(K): CDPHE revised heading, The engineer -reviewed soil sampling and
groundwater monitoring plan can be found in the Appendix.
• Subsection 14.4.2(L): CDPHE revised heading, made no changes.
• Subsection 14.4.2(M): CDPHE revised heading, closure plan and post -closure plan can be found
in the Appendix.
• Subsection 14.4.2(N): CDPHE revised heading, old language revised,
• Subsection 14.4.2(0): CDPHE revised heading, no changes.
• Subsection 14.4.2(P): New heading, used old language.
• Subsection 14.4.2(Q): New heading, new language
• Subsection 14.4.2(R): New heading, new language.
• Subsection 14.4.2(S): New heading, used old language. Sampling of Finished Compost can be
found in the Appendix.
Appendix (all new)
• Append I: Waste Characterization Plan
• Append II: Standard Operating Procedures (MSAP). In book form, not attached.
• Append III: Standard Operating Procedures for Water Treatment Plant Residuals
• Append IV: Employee Training
• Append V: Engineer -reviewed Soil and Groundwater Sampling Plan. In book form, not attached.
• Append VI: Closure Plan
• Append VII: Post -closure Plan
2
Al Organics
Rattler Ridge Organic Recycling Facility
Design and Operations Plan
Revised September, 2010
INTRODUCTION
This Design and Operations Plan (D&O Plan) revises and replaces previous plans for composting
operations at Al Organics' (Operator) Rattler Ridge Organic Recycling Facility and is prepared pursuant to
the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities 6-CCR 1007-2
(Regulations), Section 14, for Class 1-5 composting facilities_
TheRattler Ridge Organic Recycling Facility is located at 12002 Weld County Road #59, Keenesburg, CO
80543, located approximately 5 miles north of Keenesburg, and described as Township 3N, Range 64W,
Section 36, County of Weld, State of Colorado. It is currently operated as a fully permitted Class 1
composting and organic recycling facility in Weld County. This D&O Plan is intended to present
enhancements and reflect the requirements of Section 14 of the Regulations.
Except in those situations where variance has been granted for specific site and/or operational conditions
based on this or previous D&O Plans, the facility will be operated per Section 14 of the Regulations.
For ease of reference, this Plan includes the applicable requirements from Section 14 of the Regulations in
bold print followed by the corresponding response or provision for addressing the requirement.
14.4 ENGINEERING DESIGN AND OPERATION PLAN
The owner or operator of a Class I, 11, or Ill composting facility shall submit an
engineering Design and Operations (D&O) Plan to the Department and the local
governing authority for review and approval, prior to commencing facility
construction, composting or feedstock storage operations. The plan shall describe
how the facility will comply with all applicable requirements in these Solid Waste
Regulations.
This document has been prepared to serve as the D&O Plan for the Rattler Ridge Organic
Recycling Facility. This plan enhances the plan submitted on July, 2000.
14.4.1 All portions of the facility design and site investigation shall be reviewed and
sealed by a Colorado registered professional engineer or reviewed and signed by a
professional geologist, as appropriate.
All portions of the facility design and site investigations will be reviewed and sealed by a Colorado
registered professional engineer.
Al Organics - Ranier Ridge Organic Recycling Facility Design & Operations Plan Rev, September, 2010 Page I of 23
44.4.2 Each Design and Operations Plan shall include, at a minimum:
14.4.2(A) Names, addresses, and telephone numbers of the owner and/or operator,
and one or more persons having the authority to take action in the event of an
emergency.
Owner/oi erator Lambland Inc., dba Al Organics
16350 Weld County Road #76
Eaton, CO 80615
970-454-3492 (Office)
970-454-3232 (Fax)
Contacts
Greg Kuenning
970-371-0667 (Cell)
970-330-2804 (Home)
Bob Yost
303-710-9121 (Cell)
720-685-9754 (Home)
Kent Pendley
970-396-5295 (Cell)
970-454-5592 (Home)
Chuck Wilson
970-381-4550 (Cell)
970-454-2953 (Home)
14.4.2(8) Name of the composting facility, the physical address and legal description,
location with respect to the nearest town, and mailing address, if different from
physical address:
Name of the facility Rattler Ridge Organic Recycling Facility
Physical Address
Mailing address
Legal Description
Al Organics
12002 Weld County Road #59
Xeenesburg, CO 80534
Lambland, Inc., dba Al Organics
16350 Weld County Road #76
Eaton, CO 80615
Located in Township 3N, Range 64W, Section 36, County of Weld, State
of Colorado
Al Organics - Rattler Fridge Organic Recycling Facility Design & Operations Phan Rev. September, 201O Page 2 0 23
Nearest Town Keenesbtirg (approximately 5 miles south of the site)
14.4.2(C) Site maps and plans drawn to common recognized engineering scale
illustrating the facility's surveyed property boundaries, location of processing and
storage areas, adjoining properties, roads, fencing, existing and proposed structures,
surface water containment and control structures, and all proposed monitoring
points for surface water and groundwater quality:
Site information, maps and plans pertaining to the Rattler Ridge Organic Recycling Facility are
currently on file with the Colorado Department of Public Health and Environment (CDPHE) and the
Weld County Department of Public Health and Environment (WCDPHE). They were originally
submitted in the D&C Plan as revised July, 2000, Any additional changes reflected in this D&O
Plan revision are included in the Appendix.
14.4.2(D) Maximum facility capacity and description of the types of materials to be
composted including:
Times of materials to be composted
The facility will compost or process Types 1, 2, andlor 3 feedstocks, including but not limited to:
agricultural crop residues, manure, untreated wood wastes, source separated yard, paper, and
green wastes, animal material, animal mortalities, food wastes including all types of brewer's
wastes, biosotids, solid waste, processed solid waste, sludges, Tier I and/or Tier II water treatment
plant (WTP) residuals as defined by the CDPHE guidance documents (February, 2007) and
approved by the local governing authority, and other materials as approved by the CDPHE and the
local governing authority,
The Rattler Ridge site has been receiving and processing water treatment plant residuals since the
year 2000. The residuals and generators that currently access the site have not changed during
this period and current records are on file. In February, 2007, the Colorado Department of Public
Health and Environment issued a new guidance document to further define and characterize
existing and future water treatment plant residuals materials, and their treatment options, based on
new TENORNI criteria available. The guidance document requires a Class I composting facility to
enhance its Standard Operating Procedures related to residuals management.
As a result of the guidance document, Al Organics has revised its SOP for receiving, processing,
sampling, and testing residuals and finished products containing residuals. The enhanced SOP will
be utilized for treatment of both Tier I and Tier II residuals (as defined in the February, 2007
Guidance Document) that meet the guidance document requirements for receipt and processing at
a Class I Composting Facility.
The enhanced SOP (see Append II) will be utilized for all currently received materials as well as
any new generator. The local governing authority and the CDPHE will be notified as detailed in the
SOP of any new generators of Tier 11 residuals and approval obtained prior to receipt.
Al Organics - Rattler Ridge Organic Recycling facility Design & Operations Plan Rev. September, 2010 Page 3 of 23
Water and other approved liquids (such as waste beer, sterile reclaim, food grade liquid by-
products, non -regulated by-products from ethanol or similar production processes, and/or other
approved liquid waste streams) will also be utilized in the composting process. The approval will
typically not be generator specific, but type specific. The Operator will be responsible to review the
process used by various generators to ensure those liquids are consistent with the general
category approved by the Department. The Operator will document its review process and keep
the information on file. The Waste Characterization Plan can be found in the Appendix.
Any client that provides a Type 3 feedstock material will be required to provide waste
characterization and analytical data for that specific material. The number of tests or reports
required will be based on the volume and type of material they are providing.
Visual waste screening for Type 1 and Type 2 feedstocks will occur when the material is off-loaded
per the operational plan
The objective of waste characterization and profiling is to ensure exclusion of materials consistent
with Section 2.1.2 of the Regulations Pertaining to Solid Waste Facilities, 6 CCR 1007-2, which is
to exclude hazardous or prohibited wastes from the facility. The Operator will follow the approved
Waste Characterization Plan in determining materials to be accepted. This plan can be found in the
Appendix.
Estimated quantities of feedstocks and bulking agents
The maximum volumes of feedstocks, in -process, and bulking materials on -site at any one time will
not exceed 6,000,000 cubic yards (CV). Typical on -site volumes will normally be less than the
maximum allowed as noted in the individual categories of materials estimated below. The volume
of any one category may vary above or below those noted, but the total volumes of all feedstocks
and bulking agents will be managed to not exceed the aggregate total of 6,000,000 CY.
14.42(D)(1) & 13) estimated Quantities of Feedstocks & Bulking Materials.
The site has approximately 200 acres of production site. Each acre of production is capable of
processing from 7,500 CY per acre per year for standard windrow composting to as much as
30,000 CY per acre per year using aerated static pile composting. These volumes are based on
the beginning volume of the composting unit. An average bulk density of compost mixture is
around 1,200 to 1,400 pounds per CY. The total capacity of the site could be expressed as being
able to receive between 1,500r000 CY per year (or 975,000 wet tons), and 6,000,000 CY per year
(3,900,000 wet tons). These totals would include both feedstocks and bulking agents
14.4.2(D)(2) Estimated Quantities of Liquid Wastes:
Additionally, the site could handle up to 35,000,000 gallons per year of liquids.
14.4.2(D)(4) Estimated quantities of in -process materials:
At any one time the maximum amount of in -process material would be equivalent to approximately
M Organics - Rattler Ridge Organic Recycling Facility Design & Operations Plan Rev, September, 2010 Page 4 of 23
1/3 of the annual in -flow quantity, This would calculate to approximately 500,000 CY for windrow
composting 1O 1,980,000 CV for aerated static pile composting.
14.4.2(D)(5) Estimated finished product on site:
Estimated maximum volume of screened, finished material, ready for shipment on the site at any
one time would be 100,000 cubic yards of compost and 35,000 cubic yards of soil product.
14.4.2(E) Mass balance evaluation for feedstocks and bulking materials to determine
an acceptable mixture for efficient composting:
Feedstocks and bulking materials will be evaluated to achieve a carbon to nitrogen ratio (C:N) of
approximately 30-40:1. Liquids will be added to achieve a moisture content of 40-60%. Feedstocks,
bulking materials, in -process materials, and finished materials will be balanced in volume so that
the total aggregate volume will not exceed allowable limits. The site also utilizes materials for the
production of products such as decorative mulches, bio-mass, soil mixes, non -composted
amendments, additives required for agricultural/turf fertilizer products,
14.4.2(F) A detailed description of the composting operation specifically defining all
procedures, activities, waste acceptance practice, pathogen reduction methodology,
and periods of non -activity:
Corrrpostinq Process Descriction
Composting of organic materials has been a widely accepted practice for centuries, In the past few
decades, it has become more refined and accepted as a method of dealing with all types of organic
waste materials such as animal manures, municipal solid waste, biosolids, food waste, yard
wastes, animal mortalities, and water treatment plant residuals.
A typical compost mixture will have a carbon to nitrogen ratio of between 30-40:1, and a moisture
content of around 40-6D%. Less moisture causes a retardation of biological activity, and greater
moisture may clog pore spaces between particles, thus restricting oxygen transfer.
Composting is generally an aerobic process which allows microorganisms indigenous to the
material being composted to degrade or decompose (digest) the organic material and convert it
into heat, carbon dioxide, and water. Successful composting occurs in the mesophilic and
thermophilic temperature range. The elevated temperatures are obtained by biological activity in
the composting material. No input of heat or energy is required, The process develops
temperatures that eradicate weed seeds and pathogens. Bulking agents are often blended with
feedstocks to provide porosity for oxygen flow and to act as a carbon or nitrogen source for the
microorganisms.
The final compost produced contains humus, stabilized organic matter, nicronutrients and
macronutrients, and beneficial soil bacteria. It is generally moist, dark in color, has no objectionable
odor, and free of pathogens and weed seeds. Introduction of compost to soil increases the water
Ai Organics - Rattler Ridge Organic Recycling Facility Design & Operations Plan Rev, September, 2010 Page 5 of 23
holding capacity, improves structure and texture, increases porosity, and provides soil bacteria
critical for healthy, disease resistant plant growth.
While compost is classified as a soil amendment, it contains significant levels of macronutrients
such as organic nitrogen, phosphorus, and potash as well as other micronutrients. Organic
nitrogen will not leach or volatilize, and thus will not increase nitrate levels in soils and water
supplies.
The following overview is intended to provide an overall concept of how the facility will operate.
Changes in operational procedures will occur based on experience and actual conditions
encountered once the facility is in full operation.
Composting Operations
Production activities will consist of mixing or blending of feedstocks, bulking agents, and liquids,
transportation to processing sites, and formation of or placement in appropriate processing units
(windrows, in -vessel systems, static piles, etc.). Mixing and blending will take place either on a
designated mixing pad (such as a compacted surface) or on the final processing area depending
on the nature of the feedstocks and/or bucking agents being blended. The mixing pad will be used
for liquid or semi -liquid feedstock materials (i.e. liquid biosolids, liquid food waste, etc.). More
stable, drier materials (dry biosolids, manures, bedding, yard waste, etc.), may be either mixed on
the pad, or on the processing site_ Materials mixed at the processing area will meet at a minimum
paint filter test requirements (reference to regulation). No mixing will occur in below ground pits.
Material prepared on the mixing pad will be transported to a production processing area within the
site boundaries. After placement on a production processing area, the composting process will
begin. Al Organics will utilize the best available technology related to site operating practices and
equipment to be used in determining which composting procedure to follow. Specific Standard
Operating Procedures (SOP) far technologies utilized are contained in the Appendix.
8iosolids will be mixed with bulking agents and placed in appropriate production MSAP or aerated
windrows, aerated static piles or in -vessel systems within 72 hours of receipt at the facility.
Unprocessed biosolids will be covered with a layer of wood chips/bulking agent prior to the end of
each day for processing the following day_
Food waste received at the site will be inspected for visible contamination (if any). These
contaminants (i.e. plastic containers, metal, packaging, or other non-compostables) will be
removed to the greatest extent possible by the Operator prior to processing. Material will be
placed in static process piles for initial heating, covered with ground bulking agents, and
accumulated until there is a sufficient quantity for grinding and/or mixing. All food waste received
will be covered in this manner prior to the end of each day. When sufficient volume is present, the
mixture will be further processed and placed into MSAP/AW windrows, or other production vessels
such as in -vessel composting structures, static piles, or other approved composting or processing
enclosures. A mixing/shredding box may be used for this procedure. The Operator will monitor
the site to ensure no material is left exposed and creating any nuisance conditions during this
process.
Al Organics- Rattler Ridge Organic Recycling Facility Design &Operations Plan Rev. September, 2010 Page 6 of 23
Liquids will arrive in transport tankers and be off-loaded into storage tanks, approved mixing
basins, directly applied to windrows, incorporated into batch mixing procedures, or unloaded into
application equipment. From the storage tank the liquids will be loaded onto a water truck and
applied directly to the windrows using spray booms or injection devices, No liquids will be mixed in
below ground pits. Liquids will not be over applied. If ponding at the base of the windrow is
noticed, a front-end loader will be used to remediate the situation.
As needed, the windrows will be aerated, turned, or flipped to incorporate wet materials and
facilitate composting. Newly formed working windrows may be capped with a layer of finished
unscreened compost andfor ground wood, Existing windrows will be aerated as needed to facilitate
the compost process.
After liquids are applied, the composting process will continue until completion in compliance with
the D&O Plan.
Currently, composting technologies fall in one of several types of processes:
Aerated Windrow (AW)
AW composting is currently the most common type of composting procedure. In this procedure,
feedstocks and bulking agents (if required) are blended to produce the pre -compost mixture.
The compost mixture is placed in long piles called windrows. The windrows can be various sizes,
but generally are approximately 12-18 feet wide, and 6-9 feet tall. These windrows are normally
sized to accommodate the type of equipment that will be used to aerate them. As an example, if a
windrow turner is used, they will usually not exceed the 12-18 foot by 6-9 foot dimension. However,
if front-end loaders are used to aerate them, the windrows can be 20-30 feet wide and 10-15 feet
tall, depending on the size of the loader used to build them.
Once formed, the bacteria and fungi present in the windrows will begin the composting process.
The bacteria will cause the pile temperatures to increase. Pile temperatures normally will reach the
131-160 degree Fahrenheit range. Temperatures are controlled via aeration and by moisture
balance The major by-products of the decomposition process produced by the bacteria and fungi
present in the pile are carbon dioxide, water vapor, and heat.
During the composting period, the windrows will be aerated using the specialized equipment or
loaders. The aeration process is done to introduce additional oxygen to the pile, release excess
moisture, reduce particle size, and to condition the material in the windrow.
Windrows will be aerated approximately 5-20 times before the process is complete.
Static Pile (SP) and Modified Static Aerobic Pile (MSAP)
SP and MSAP technology is similar to aerated windrow technology in that large piles of pre-
determined mixtures of materials are constructed. The difference is that the piles are allowed to
Al Organics - Rattler Ridge Organic Recycling Facility Design & Operations Plan Reu September, 2010 Page 7 of 23
compost without excessive aeration events (turning). Temperature in the piles will again elevate as
they do in the aerated windrow technique. Pile structure is very important if the SP or the MSAP
process is used. Pile structure will determine the air flow and subsequent availability of oxygen to
the bacteria, moisture balance, and overall efficiency of the composting process.
Often a catalyst, accelerator, enzyme, or cultured bacteria is added to the static pile (they can also
be added to the aerated windrow). These materials are added to increase the biological population
in the pile and thus decrease the time it takes to complete the process. The MSAP method utilizes
a catalyst that also accelerates the process and increases surface temperatures of the processing
piles. Bacteria can also be used to target specific constituents of the material (sulfur, hydrocarbons,
etc.).
Bio-filter caps (ground wood, finished unscreened compost, etc.), can be placed on top of the static
piles 10 help control odors if necessary.
Aerated Static Pile OASPI
ASP composting is very similar to SP composting with the exception that pipes with blowers that
may be attached to them are placed under or in the compost piles to provide additional oxygen to
the bacteria. These pipes can either be sacrificial, or permanent and reusable,
The blowers are used to pump air through the pipes into the pies when oxygen levels within the
piles need to be increased. The air flow also helps remove excess moisture.
Bio-filter caps (ground wood, finished unscreened compost, etc.), can be placed on top of the static
piles to help control odors if necessary.
In -Vessel
In -vessel composting is similar to ASP composting with the exception that the process is done
within a closed vessel, bag, or building of some type. This process may be done either aerobically
or anaerobically, and is generally very expensive.
In -vessel composting can also utilize accelerators, enzymes, and bacteria to affect the process.
Aerobic and/or anaerobic digesters are a form of in -vessel composting.
In -vessel composting can also utilize cover systems that are pulled onto and off of piles. The
covers help control the composting process environment, shed rainwater, help retain moisture, and
control odors,
Vermicompastinq
Often referred to as worm composting which produces earthworm castings through earthworm
activity associated with their consumption of organic materials.
Al Organics - Rattler Ridge Organic Recycling Facility Oesign & Operations Plan Rev. September, 2010 Page 80123
A biological catalyst or accelerator (enzymes, cultivated composting bacteria, etc.), may also be
utilized in the various processes to decrease composting time, increase nutrient values of finished
products, control odors, or to target specific constituents of the material being composted. Refer to
the MSAP composting procedure.
Composting, sampling, and testing procedures will be carried out in a manner that will comply with
requirements necessary to be certified for Unrestricted Use and Distribution as defined in Colorado
Slate Biosolids Regulation #64 (5 CCR 1002-64).
After the compost process is completed, the compost material will be placed in a curing pile,
screened, or shipped. Material placed in a curing pile will be screened and/or shipped at a later
date.
Uncomposted organic materials that come off the screening unit (overs) will be reintroduced into
the composting process or further processed for marketing and distribution. Non-compostable
overs will be disposed of in a proper manner.
The site will also produce other landscape and/or horticultural materials, such as top soil, prepared
top soil, mulch, potting soil, etc. Top soil and prepared tap soil will utilize soil, compost, and water
treatment plant residuals as primary ingredients, Water treatment plant residuals will also be
utilized as basic feedstocks or amendments in the composting process itself. Procedures for
receiving, processing, and incorporating water treatment plant residuals including sampling/testing
for TENORM are listed in the Appendix.
Ali steps in the production of finished compost and other landscape materials will be documented.
Regulated materials (biosolids, water treatment plant residuals, etc,), will be tasted by generator
with analytical information kept on site for reference. Analytical information will also be made
available to the focal governing body as required.
Finished materials will be stockpiled as required and then shipped to various markets via truck or
other appropriate transportation means.
Waste Acceptance practice
Al Organics will not accept hazardous or toxic materials as defined by the COPHE. Feedstocks
and bulking agents will arrive at the facility by truck or other means of transportation. After an initial
inspection of the material, receipt of the feedstocks and bulking agents will be documented.
Documentation wall include generator and transporter information, classification of the material, and
volume information. If required, samples of the materials may be taken at this time. The generator
and or transporter will sign the receiving ticket, which will include a statement similar to the
following:
"The generator/shipper hereby acknowledges that the material described above contains no
hazardous or toxic material. Al Organics reserves the right to reject partial or full shipment.
The generatorlshipper assumes alt responsibility and cost for rerrrova/ and disposal of any non -
approved or rejected materials delivered to Al Organics facilities.'
Al Organics - Rattler RidgeOrganlc Recycling Facility Design & Operations Plan Rev. Seplember. 2010
Page 9of23
After documentation is completed, the materials will be off-loaded at designated areas for blending
or mixing, placement in windrows (aerated windrows or MSAP windrows), aerated and/or non -
aerated static piles, in -vessel systems, storage, and/or processing.
The engineered approved waste characterization plan is included in the Appendix.
[14.3.3(K)] Pathogen Reduction: The owner or operator of a composting facility shall ensure
that the composting process reduces pathogens. The pathogen reduction methodology
shall be described in the facility's Design and Operations Plan per Section 14,4. Processes
to reduce pathogens include, but are not limited to:
[14.3.3(K)(1)] Windrow composting: (Aerated windrow (AW) composting] the compost
material must be maintained at a temperature of 55 degrees Celsius (131 degrees
Fahrenheit) or higher for fifteen (15) days or longer. The fifteen days do not need to be
consecutive. During the period when the compost is maintained at 55 degrees Celsius
or higher, there shall be a minimum of five (5) turnings of the windrow. [Static Pile (SP)
and Modified Aerated Static Pile (MSAP) composting] the compost material will be
maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher
for seventy two (72) hours or longer throughout the pile.
[143.3(K)(2)] Within -vessel composting, the compost material must be maintained at a
temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for three (3) days.
j14.3,3(K)(3)] Aerated static pile (ASP) composting process: ail in -process compost shall
be covered with sufficient insulating material, and the pile shall be maintained at a
temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen
reduction period of three (3) days.
[14.3.3(x)(4)] Alternative methods of compliance to meet requirements of Section 14.5A
may be approved by the Department based on a demonstration that these methods
achieve an equivalent pathogen reduction.
Periods of Non -Activity
For purposes of this D&O Plan, periods of non -activity are defined by the CDPHE's regulations. in
the event of non -activity, Al Organics will comply with CDPHE regulations.
14.4.2(G) Description of an adequate system of barriers, fencing, or other site
controls to prevent unauthorized site access:
The site is located at the end of a 2,25 mile long private road. The site itself is surrounded by
barbed wire fencing. Additionally, the entrance road to the site itself (off of the private road) will be
gated.
14.4.2(H) Description of site signage:
Al Organics - Rattler Ridge Organic Recycling facility Design & Operations Plan Rev September, 2010 Page i4 of 23
A facility information sign will be placed at the entrance to the site. The sign will list the Operator,
emergency numbers, and hours of operation at a minimum. Additionally, on -site signage will be
used to direct traffic, to address site rules and policies, and to list materials that will or will not be
accepted,
14.4.2(l) Description of site security measures taken to ensure the site is secured
during business hours to control public access, and prevent unauthorized vehicles
and illegal dumping of wastes:
During business hours, all generators/shippers must check in at the office or with the site operator
before off-loading on the site.
All gates are locked when site is unattended to prevent unauthorized vehicles from entering the site
and dumping illegally,
14,4.2(J) Description of employee training, including recognition of prohibited
material, actions taken to mitigate nuisance conditions, and implementation of
contingency plan:
The Operator will conduct training for new employees related to identification of and handling of
prohibited materials. Training documents will be maintained in employees' training files. The
training will consist of:
• Recognition of prohibited materials
• Actions to take to mitigate nuisance condition
• Implementation of contingency plan
Specific training guides can be found in the Appendix.
14.4.2(K) Design of surface water control system:
[14.3.1(6)] Surface Water Control: Surface water control features at compost facilities will be
designed, constructed, and maintained:
[14.3.1(6)(1)) To prevent flow onto the facility during peak discharge from a 25 -year, 24 -
hour storm event
(14.3.1(6)(2)) To control and collect the on -site run-off water volume resulting from a 25•
year, 24 -hour storm event
[14.3.1(B)(3)1 To contain and manage leachate
(14.3,1(8)(4)) Such that all storm waterfleachate containment structures will be
constructed of a minimum of eighteen (18) inches of compacted soil or in -situ earthen
AI Organics - Rattler Ridge Organic Recycling Facility Design & Operations Plan Rev. September, 2010 Page 11 of 23
material or other low permeability materials to achieve a hydraulic conductivity of less
than or equal to 1 X 104 cm1sec
[14.3,1(8)(5)] Alternative liner designs that perform in an equivalent manner to the
Section14.3.1(B)(4) liner design may be approved by the Department and the local
governing authority based on a demonstration of alternate liner design's equivalent
performance, the waste type and site specific technical information
114.3.1(B)(6)1 All storm waterfleachate containment structures shall be dewatered within
thirty (30) calendar days of a storm event so that full run-off storage capacity is
maintained
[14.3.1(8)(7)] Such that storm waterlleachate containment structures shall be designed
and maintained with a minimum 2 feet of freeboard measured from lowest elevation at
any given time
An existing site -specific plan was created and approved for soil sampling and ground water
monitoring which is being utilized and continues to be utilized. The engineer -reviewed soil sampling
and ground water monitoring plan can be found in the Appendix.
14.4.2(L) An evaluation of potential impacts to existing surface water and ground
water quality, including but not limited to:
Surface Water -
There are no existing surface water structures or impoundments on or near the site. Since no
surface migration of water is possible, and in considering the lack of any potable ground water
under the site, no impoundment of surface water control features would be constructed on the site.
To construct berms or darns to hold water which would not be present would be futile. Additionally,
disturbance of surface materials to construct these impoundment structures would expose the area
to potential wind erosion problems,
The operator will be processing only nonhazardous and/or nontoxic materials. In lieu of surface
water containment structures, the operator will conduct annual soil sampling tests to determine the
makeup of the surface materials. The types, frequency, and depth of soil sampling will be
negotiated between the operator and the local governing body.
Ground Water:
Little to no ground water exists under the site. However, the operator will monitor both existing
ground water monitoring wells located on the site, plus any additional monitoring wells established
on the site. The number and type of additional wells, if any, will be negotiated by the Operator and
the local governing body.
14.4,2(L)(1) A description of site geological and hydrogeological conditions:
Al Organics - Rattier Ridge Organic Recycling Facility Design & Operations Plan Rev. September, 2010 Page 12 of 23
Two detailed hydrological and geological evaluations of this area are included with submittal
information. The evaluation done for the Keenesburg Mine site includes the property on which the
compost site will be located. The evaluation done for the Waste Management Land Fill was done
on property located directly to the west and southwest of the compost site.
These reports, both individually and collectively provide detailed information regarding.
hydrologic properties of the uppermost aquifer, information regarding the existing quality of ground
water beneath the proposed facility, the types and regional thickness of consolidated bedrock
material, geologic hazards such as slope stability, faulting, folding, rockfall, landslides, subsidence
or erosion potential.
Hydrological and Geological information indicate five (5) main features regarding the site:
1. The site is covered with a thick layer of eloian sands.
2. There is little ground water beneath the site, and what little water that exists is of poor
quality.
3. There are no domestic wells in the immediate area. Wells that are present are used for
livestock, irrigation, and or commercial activities.
4. The bedrock and shale located beneath the site separate it from any aquifers_ Aquifers are
located several hundred feet deep.
5. There is no evidence that surface water moves onto or off the site. Surface water migration
is very limited.
Based on the hydrological and geological information for the facility and surrounding area, the site
will be prepared and monitored as follows:
It would not be logical to construct water retention structures to dived or contain water that
will not exist; therefore the basic topography of the site will be left as is. This will also help
minimize the potential for wind erosion.
The Operator will take background soil samples of the site prior to composting. Periodic
soil tests will be taken in areas of active composting to assist in evaluation of the site.
All regulated liquids and semi -liquid materials or volatile materials will be premixed on
mixing pads to meet the regulatory requirement.
The mixing pad will be designed to retain moisture from a 24 hour, 25 year event
14.4.2(L)(2) Ftoodplain information including evidence that the proposed site is not located
within a 100 -year floodplain:
14.4.2(L)(3) Public water supply information including the location of all water supply wells,
springs, and surface water intakes within one mile of the proposed facility boundary:
Al Organics - Rather Ridge Organic Recycling f=acility Design & Operations Plan Rev. September. 2010 Page 13 of 23
Rattler Ridge Composting Facility
USR/CD Application
Well Information
Map
lD #
Permit #
Use
Location
Depth to
Water
Total Depth
1
11406
' livestock
SESW S35 3N 64W
_
92
400
2
46346F
industrial
SESW S35 3N 64W
255
_ 718
3 I
75493
livestock
SWNE S36 3N 64W
96
460
4
183483A
livestock
SESE 525 3N 64W
85
400
5
183483
livestock
SESE 525 3N 64W
0
300
6
48289F
Commercial
NESE 525 3N 64W
134
620
7
97047VE
Irrigation
NESE 525 3N 64W
134
620
8
118331
Fire
NESE 525 3N 64W
0
_
61
9
75238
livestock
SENW S31 3N 63W
0
34
10
75237
livestock
NESE S1 2N 64W
0
30
There are no domestic we is, springs, or surface water intakes within one mile of the proposed
facility. Any stock wells or irrigation wells within one mile of the facility are noted on the vicinity
map.
14.4.2(L)(4) Identification of all lakes, rivers, streams, springs, or bogs, on -site or within one-
half mile of the proposed facility boundary:
There are no lakes, rivers, streams, springs, or bogs on -site or within 1/2 mile of the facility
boundary.
14.4.2(L)(5) Depth to, and thickness of, the uppermost aquifer:
14.4.2(14(6) Hydrologic properties of the uppermost aquifer:
14.4.2(L)(1) Information regarding the existing quality of groundwater beneath the proposed
facility:
14.4.2(L)(8) The types and regional thickness of unconsolidated soils materials:
14,4.2(L)(9) The types and regional thickness of consolidated bedrock materials:
14.4.2(L)(1G) Geologic hazards such as slope stability, faulting, folding, rockfall, landslides,
subsidence or erosion potential:
14.4.2(M) Plans for closure and post closure care of the composting facility as
defined further in Sections 14.8 and 14.9:
[14.8] Closure Plan:
Al Organics - Rattler Ridge Organic Recycling Facility Design & Operations Plan Rev. September, 2010 Page 14 of 23
[14.8.11 Each Design and Operations Plan shall include a provision for closure of a
composting facility
114.8.2] If at any time this composting facility ceases operation, including the discontinued
receipt, processing and sale of materials for more than one hundred eighty (180) days, the
owner/operator shall notify the CDPHE and the governing authority and unless otherwise
approved by the CDPHE and the local governing authority, the owner/operator shall begin
implementation of the Closure Plan. Closure activities shall not exceed ninety (901 days in
length. Extension of the closure period may be granted by the CDPHE and the local
governing authority if the owner/operator demonstrates that closure will, of necessity, take
longer than ninety (90) days and all measures necessary to prevent threats to human health
and the environment will be taken.
[14.8,31 The Closure Plan shall contain, at a minimum:
[14.8.3(A) A complete and accurate description and schedule of all steps necessary
to achieve closure of the composting facility. Such steps shall include the following
criteria;
1. The removal of all stored raw feedstock, bulking material, and liquid waste to a
permitted solid waste facility or a facility where the wastes may be beneficially
reused with approval of the CDPHE and the local governing authority
2. The removal of all other wastes on -site, including those wastes generated by
closure activities, to a permitted waste facility
3. The removal of all workpad areas
4. The removal of all storm water control and collection structures, unless
specifically approved by the CDPHE and the local governing authority to remain
an -site
5. The removal of all tanks, structures, and equipment
6. Site restoration including regrading and revegetation
7. The removal of partially composted feedstocks and bulking material to a
permitted solid waste facility or another compost facility with approval from the
CDPHE and the local governing authority
114.8.41 Within fourteen (14) calendar days of commencing implementation of the Closure
Plan, the facility shall provide written notification to the CDPHE and the local governing
authority
Al Organics - Radler Ridge Organic Recycling Facility Design & Operaticrns Plan Rev. September, 2010 Page 15 of 23
[14.8.5] Within thirty (30) calendar days of completing closure activities the ownerloperator
of the facility shall provide written notification to the CDPHE and the local governing
authority to document that all the requirements and conditions of the closure plan have
been achieved
[14.8.61 Following closure of the facility, a notation must be placed on the deed notifying
any potential purchaser that the property has been used as a composting facility
[14.91 Post -Closure Care and Maintenance
[14.9.1] Following closure of the composting facility the owner or operator must conduct
post -closure care, which shall consist of at least the following:
114.9.1(A)] Continued monitoring, sampling and testing of soil, ground water or
surface water as defined in the post -closure plan
[14.9.1(B)] Inspection and maintenance of any cover material or vegetation
[14.9.1(C)] An annual report submitted to the CDPHE and the local governing
authority detailing post -closure care activities during the prior year
[14.9.2] The post -closure care and maintenance period shall be for a minimum of five {5)
years. The length of the post -closure care period nay be:
[14.9.2(A)] Decreased by the CDPHE after consultation with the local governing
authority if the owner or operator demonstrates that the reduced period is sufficient
to protect human health and the environment or
(14.9.2(B)] Increased by the CDPHE after consultation with the local governing
authority if it determined that the lengthened period is necessary to protect human
health and the environment
[14.9.3] Following completion of the past -closure care period the owner or operator must
submit a certification signed by an independent Colorado registered professional engineer
for approval by the CDPHE and the local governing authority, verifying that post -closure
care has been completed in accordance with the post -closure plan and has been placed in
the operating record
interim Closure Plans
In the event that interim closure becomes necessary due to conditions as defined in section 14.6.2
of the Draft Composting Regulations, the Operator will take the following minimum steps:
Control nuisance conditions by continuing to process material to a point of stabilization
and! or contain material in such a manner as to control nuisance conditions.
Al Organics - Ratter Ridge 0rganlc Recycling Facility Design & Operations Plan Rev. September, 2010 Page 15 or 23
Secure all containment fencing and gates and manage the site until such time as the
operation is placed back into full operation.
If after a period of 180 days following a notice from the governing body that interim closure
status is to be implemented and the Operator has not reinitiated normal operations, then
the Operator will begin implementation of final closure procedures.
Final Closure Plans
Upon notification from the governing body that final closure plans are to be implemented,
the Operator will negotiate and implement a closure plan suitable to the governing body
and implement the specific plan within 30 days of receipt of notice from the governing
body.
A closure and post -closure plan can be found in the Appendix.
14.4.2(N) Contingency plans, describing actions to be taken in the following
situations:
14.4.2()(11 The delivery of unapproved feedstock, bulking material, wetting agent, or other
waste materials:
Al Organics will not accept hazardous or toxic wastes. Loads containing these materials will be
rejected.
Unapproved or rejected materials received at the site will be removed and taken to a permitted
disposal facility by either the generator/shipper or the Operator.
14.4.2(N)(2) Contamination of surface water or ground water:
Contamination of surface or ground water issues will be dealt with on a specific occurrence basis
The Operator will notify the local governing body of any contamination of surface or ground water
that is identified.
14.4.2(N)(3) The occurrence of nuisance conditions either on -site or off -site:
Nuisance conditions that may occur on -site or off -site will be dealt with on a specific occurrence
basis. Remedies or procedures necessary to remedy a specific condition will be arrived at through
discussion with the local governing body,
Airborne Materials
The windrows and/or piles will be kept moist and will crust over within a short period after being
Al Organics - Ramer Ridge Organic Recycling Facility Design & Operakins Plana Rev September, 2010
Page 17 of 23
formed. Fugitive dust will be controlled via watering, Stockpiles of bulking agents subject to
movement by wind will be watered to control wind movement,
Odor
See Section 14.4.2(P)
Vectors
Frequent aeration of windrows, crusting of piles, or containment within in -vessel systems will
discourage vermin infestation. Heat and activity also discourages burrowing vermin. Experience
has shown that composting actually eliminates fly larvae.
14.4.2(O) Fire Protection Plan:
The facility will be maintained in compliance with the Keenesburg Fire Protection district and will
follow its fire protection/control and emergency response procedures.
14.4.2(P) Odor Management Plan:
ON -SITE: Odors associated with the composting process will be controlled by utilizing a
combination of aeration and capping techniques. Capping materials will consist of finished
unscreened compost and/or ground wood materials, or a combination of both materials. At the
conclusion of each day, new material placed in windrows will be capped with a minimum of 6" of
capping material.
Completed windrows will be allowed to process without disruption for a period long enough to
ensure that significant odors will not be emitted when they are turned or flipped. In -vessel systems
include controlled air systems to deal with odors that would be included in in -vessel operational
plans should they be used.
As needed, windrows will be aerated using industry standard equipment or front-end loaders to
ensure that aerobic conditions are maintained within them. If additional wetting agents such as
waste beer are added, care will be taken to avoid ponding of liquids.
Any free liquids noted on the site will be absorbed with wood materials or remediated with a front-
end loader.
it excessive or noxious odors are detected on -site the operator will locate the source and
implement appropriate steps to eliminate them.
OFF -SITE. If odors in excess of regulatory requirements are documented of -site, or if odor
complaints or notification of off -site odor is received, the Operator will act immediately to determine
the source of the odor and take remedial action. Remediation activities will consist of aeration,
additional capping of materials, application of de-odorizing materials at the source, containment in
an in -vessel system, removal of materials from the site, or a combination of these items.
Al Organics - Rattler Ridge Organic Recycling Facility design & Operalions Plan Rev. September, 2010 Page 18 of 23
14.4.2(Q) Provision that all engineered features in the facility design be reviewed and
sealed by a Colorado professional engineer:
All engineered features in the facility design will be reviewed and sealed by a Colorado
professional engineer.
14.4.2(R) A quality assurance and quality control plan to be reviewed and approved
by the Department and the local governing authority for all engineered structures at
the facility:
All new engineered structures at the facility will include an engineered QA/QC plan.
14.4.2(S) A detailed description of sampling procedures for testing of finished
compost:
[14.5] Sampling of Finished Compost
[14.5,11 Compost Standards
114.5.1(A)] The owner or operator of a compost facility ]unless exempt under Section
14.1.2) shall ensure that compost to be sold or distributed for off -site use meets the
standards set forth in Table 1 of this Section 14, and with Section #4.5.5 below.
Compliance with these standards shall not relieve any owner or operator from their
obligation to comply with any other applicable agency standards, such as those of
the Colorado Department of Agriculture.
Table 1
[14.5.1(B)] The owner or operator of a composting facility shall ensure that:
[14.5.1(B)(1)] The density of the fecal coliform present in the compost is less
than 1000 Most Probable Number per gram of total solids (dry weight basis); or
[14.5.1(6)(2)] The density of Salmonella sp. Bacteria in the compost is less than
three (3) Most Probable Number per four (4) grams of total solids (dry weight
basis) at the time the compost is to be sold or otherwise distributed for use.
[14.5.2] Sampling Frequency: Finished compost shall be sampled and tested once every
10,000 cubic yards of compost produced, or annually, whichever is more frequent. The
Department, in consultation with the local governing authority, may require additional
sampling and testing when a change in feedstocks, bulking material, liquid waste or
operational practices warrant greater frequency,
[14.5.31 Reintroduction of Finished Product into Compost Process: Finished compost
which has been sampled and tested, but to which raw or partially composted feedstock,
Al Organics - Rattler Ridge Organic Recycling Facility Design & Operations Plan Rev. September, 2010 Page 19 023
bulking material, or liquid waste is added prior to, or during distribution, shall be
reintroduced into the composting process, re -sampled and re -tested prior to
commencing or continuing distribution.
[14.5.4] Sampling Methodology: Sample collection, preservation, and analysis shall
assure valid and representative analytical results. Sampling procedures shall be
described in the facility's design and operation plan.
[14.5.5) Additional Testing: the Department may require additional testing of finished
compost for constituents not found in Table 1 and at a frequency greater than specified
in Section 145.2 of this Section 14.
[14.5.6] Exceedances: Compost that exceeds the levels specified in Table 1 or as
specified in the approved design and operations plan must be:
114.5.6(A)] Reintroduced in the composting process; or
[14.5.6(B)] Disposed of at a permitted solid waste disposal facility; or
[14.5.6(C)) Otherwise used in a manner approved by the Department and local
governing authority.
[14.5.7] Unrestricted Use: Compost that satisfies the levels specified in Table 1 and all
other parameters identified by the Department per Section 14.5,5 is determined by these
criteria to be finished compost and acceptable for unrestricted use. The finished
compost is considered to be a product not a waste, and is no longer subject to these
Solid Waste Regulations. For those additional constituents identified by the Department
under Section 14.5.5 and not found on Table 1, the Department will approve protective
unrestricted use constituent concentrations.
Standards
Compost that is sold or distributed for off -site use, shall meet the standards set forth in Table I of
the Draft Composting Regulations
Depending on the feedstock and/or bolktng agent materials used, the Department, after
consultation with the governing body, may require additional analysis,
Compost that exceeds the levels specified in Table 1 must be:
Reintroduced into the composting process,
Disposed of at a permitted solid waste disposal facility,
Otherwise used in a manner approved by the Department and governing body.
Al Organics • Rattler Ridge Organic Recyding Facility Design & Operations Phan Rev, September, 2010 Page 20 0f 23
Sampling Procedures
Finished compost shall be sampled and tested once every 10,000 cubic yards of compost
produced, or annually, whichever is more frequent.
Finished compost which has been sampled and tested, but to which additional feedstock is added
prior to, or during distribution, shall be re -sampled and re -tested prior to commencing or continuing
distribution.
Bulking Agents
Analysis of bulking agent materials (wood, straw, etc.), will be done as required by production
quality control manager or assigned operator personnel.
Feedstock Materials
Biosolids
Contract Clients
Site files will contain biosolids analytical information as required by the CDPHE.
Analytical information will be updated annually,
Occasional of One -Time Clients:
Biosolids analysis or certification of Class B status for occasional or one-time
clients will be obtained prior to receipt and processing of the biosolids.
Water Treatment Plant Residuals
Contract Clients
Site files will contain WTP residual tests as required by the CDPHE, Analytical
information will be by generator facility.
Analytical information will be updated quarterly or as defined by the CDPHE.
Occasional or One -Time Clients:
Residual analyses as required by the CDPHE will be obtained and on file prior to
receipt of material.
Other Feedstock Materials
Al Organics - Rattler Ridge Organ Recycling Facility Design & Operations Plan Rev. September. 2010 Page 21 of 23
Any feedstock that would normally require some type of regulatory reporting to the CDPHE may
require sampling. 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.
From time to time, animal manures, food waste, wood waste, grass, leaves, and other non -
regulated feedstock materials will be processed, Analysis of these and similar materials will be up
to the Operator's discretion,
Blosolids Compost
Pathogen Testing - Salmonella I Fecal Ascaria Lumbricoides & Enterovirus
The total number of combination tests per facility per year will be in compliance with the minimum
number of pathogen tests required for each facility based on the number of dry tons of biosolids
compost and material containing biosolids compost produced al the facility in a calendar year, as
reported on the facility annual report. The CDPHE Biosolids Regulations will dictate the number
required.
All pathogen testing required will meet one of the protocols approved and defined in the CDPHE's
Water Quality Control Commission, Biosolids Regulation # 64 and EPA 40 CFR 503.13
publications.
Aerated Windrows
Alternative 1- Compost being produced using the aerated windrows technique will be sampled
when they are near or have completed certification for time, temperature, and aeration
requirements. A random grab sample will be taken from the windrow, A minimum of one grab
sample per 260 cubic yards of in -process material. The individual grab samples will be combined in
a mixing bucket and mixed thoroughly. The mixed material will be screened over a'/2" screen. A
grab sample of the screened material will be pulled and placed in a sealed bag (minimum of A
pound sample). The bag will be labeled with the dale, facility location, and windrow number and
sent to an EPA certified lab for testing.
Alternative 2 -A random grab sample from windrows will be taken as in alternative 1. The sample
will be screened though a'A" screen. A sample will be pulled from the screened material (minimum
of '4 pound sample), labeled with the windrow numbers contained in the sample, and placed in a
refrigerator. The sample will be cold -pack shipped to a certified laboratory and tested for Ascaria
Lumbricoides and Enterovirus as required to be certified as a Class A, Grade 1 Biosolids materials
suitable for unrestricted use and distribution,
Static Pile
A random grab sample from the finished static pile material will be pulled and screened through a
W screen. A sample from the screened material (minimum of'/ pound sample) will be taken,
labeled with the pile number, refrigerated and then sent to an EPA certified lab and tested for
Ascaria Lumbricoides and Enterovirus to be certified as Class A, Grade I Etiosolids material
Al Organic - Rattier Ridge Organic Recycling Facility Design & Operations Phan Rev. September 2010 Page 22 of 23
suitable for unrestricted use and distribution.
Aerated Static Pile and In -Vessel
Alternative I - Compost being produced using aerated static pile or in -vessel technique will be
sampled when they are near or have completed certification for time and temperature
requirements. A random grab sample will be taken from the material, a minimum of one grab
sample per 250 cubic yards of in -process material. The individual grab samples will be combined in
a mixing bucket and mixed thoroughly. The mixed material will be screened over a W screen. A
grab sample of the screened material will be pulled and placed in a seated bag (minimum of
pound sample). The bag will be labeled with the dale, facility location, and windrow number and
sent to an EPA certified lab for testing.
Alternative 2 - A random grab sample from windrows will be taken as in alternative I. The sample
will be screened though a W screen. A sample will be pulled from the screened material (minimum
of V2 pound sample), labeled with the windrow numbers contained in the sample, and placed in a
refrigerator. The sample will be cold -pack shipped to a certified laboratory and tested for Ascaria
Lumbricoides and Enterovirus as required to be certified as a Class A, Grade I Biosolids materials
suitable for unrestricted use and distribution.
Biosolids Stock Pile (BATCH) Samples
Windrows, static piles, aerated static piles, and in -vessel compost will be screened by batch,
Random grab samples (at least 3 per week) will be taken from the batch as it is being screened. A
new batch will be designated at least once per month. At the completion of each batch a screened
material sample will be pulled and sent to an EPA certified lab for pathogen testing. The batch
sample will also be sent to an EPA certified laboratory for nutrient and metal analysis per the
CDPHE requirements.
Non-Biosolids Compost and Soil Products
Grab samples of non-biosolids compost and soil products will be pulled periodically Samples will
be accumulated until the end of the month A grab sample of the month's production mil be taken
from the composite and sent to a certified soils lab for analysis. A standard compost or soils
analysis will be performed.
Copies of all analysis information will be kept on file at the site.
Windrows, static piles, aerated static piles, or in -vessel materials that fail to meet the minimum
standard for compliance will remain in the composting process and be re -tested at a laler date.
Records will be maintained to verify that biosolids being produced meets or exceeds the
requirements of the then current document required for certification of Class A, Grade I biosolids
for Unrestricted Use and Distribution.
Al Organics - Rattler Ridge Organic Recycling Facility ❑eslgn & Operations Plan Rev. September, 2010 Page 23 of 23
Al Organics - Rattler Ridge Organic Recycling Facility Design and Operations Plan
APPEND — I Waste Characterization Plan
Al Organics Waste Characterization Plan
September 2010
The purpose of this Waste Characterization Plan is to provide guidance and process requirements
related to receipt of materials into an Al Organics, Organic Recycling Facility.
Products produced form materials received will include compost, mulches, soil blends, bio-fuels and
related products.
Materials utilized for the Organic Recycling/Composting processes and operations will be placed into
one of 2 categories for approval of receipt.
Category 1- Solids and or liquids that are specifically approved by reference in Colorado Solid
Waste Regulations 6 CCR 100T2 as type 1, 2 or 3 feedstock materials will be approved for receipt by
internal review and will riot require specific approval from the regulatory agency. The following
requirements will be met prior to receipt and processing of these materials:
1. Completion of an Al Organics Generator Waste Profile Sheet.
a. May include analytical data based on type of material, if the material is a regulated
material such as Bios°lids and or as requested by Al assigned staff.
2. Review and approval by Al Organics assigned staff,
3. Completion of Generator file to be kept in house for review by regulatory agency staff as
needed.
4. Assignment of annual review date for material including updated analytical information. Review
date will be placed on company calendar to insure current information on the material is
maintained.
Category 2- Solids and or liquids that are not specifically approved by reference in Colorado Solid
Waste Regulations 6 CCR 1007-2 as a Type 1, 2, or 3 feedstock materials or additional categories as
amended, but that may potentially be utilized or recycled in the organic recycling and or composting
process. These materials will be classified by type. Once a specific type of material has been approved
for receipt and processing additional generators of the same type of material will be approved or denied
in accordance with Category 1 Protocol. The following requirements will be met prior to receipt and
processing of these materials:
1. Completion of an Al Organics Generator Waste Profile Sheet, including:
a. Description of process used to create the material and or any information related to
constituents of concern that may be present in the material.
b. Analytical data for the material that also includes analysis information for constituents
of concern,
c. MSDS sheet if applicable and available.
Al Organics Waste Character}zatian Plan
pg. 1
d. Support literature and or reference material related to the applicability or compatibility
of the material to the composting and or organic recycling process.
e. Specific information on how the material will be utilised within the composting process
including mix ratios, safety requirements, etc. as applicable,
2. Submission of all information to County and State regulatory agency with request for review and
approval of the material and or liquid.
3. If aooroved by County and State regulatory agency, then the following will be completed and or
implemented:
a, Creation of Generator file to be kept in house for review by regulatory agency staff as
required.
b. Assignment of annual Or more frequent review date for material including updated
analytical information. This review date will be placed on company calendar to insure
current information on the material is maintained.
c. Creation of specific written production requirements which will be provided to
production and site personnel for reference.
d, Re -identification of stream or material as Category I material related to consideration of
new materials of the same type from different generators .
4. If denied by County and State regulatory agency, then the following will be implemented:
a. Notification to generator of denial
b. Copy of denial and notification to generator will be kept on file for future reference.
AT Organics waste Characterization Plan Pg_ 2
A1 Organics — Rattier Ridge Organic Recycling Faciii y Design and Operations Plan
APPEND - II Composting Standard Operating Procedures
AI Organics — Rattier Ridge Organic Recycling Facility Design and Operations Plan
APPEND — III Water Treatment Plant Residuals Standard Operating Procedures
Al Organics
Rattler Ridge Organic Recycling Facility
Enhanced Water Treatment Plant Residuals
Standard Operation Procedure (SOP)
(Replaces residual operational procedures previously approved and utilized)
June 1,1010
Pre -receipt approval and testing of Grater Treatment Plant Residuals:
• Water Treatment Plant Residuals that fall below 40 pCilg gross alpha and/or 3 pCi/g
226Ra, and 30 pCilg ITh`U shall be received and processed according to this enhanced SOP.
• The Colorado Department of Public Health & Environment (CDPHE) and the local
governing authority shall be notified of intent to receive and process Water Treatment
Plant Residuals from a new generator that have up to 10 pCi/g of 22'Ra and have up to
150 pCi/g of 'U utilizing this enhanced SOP. Notification shall include generator,
volume, and sample analytical information. Approval by CDPHE and the local governing
authority shall be received prior to receipt and processing.
• Pre -receipt testing of residuals shall occur in compliance with our Waste Characteristic
Plan as follows:
a One-time receipt: the residuals shall be tested and approved before receipt and
use.
a Contract receipts: representative analytical information shall be received and
approved prior to receipt of first material for processing, After approval, the
generator shall supply routine testing of their residuals for review to ensure that
materials remain within approved ranges of acceptability. Testing frequency shall
be based on the annual volumes produced but shall be no less than one test per
year.
Receipt of residuals:
• Residuals shall be received and stockpiled at our Rattler Ridge Organic Recycling
Facility. Stockpiled residuals shall be managed to control nuisance conditions and control
surface water runoff from the time of arrival on -site to incorporation into windrows.
1
Processing of residuals:
• Any residuals not immediately incorporated (within 72 hours of receipt) into the
composting process shall be stockpiled and covered with a layer of ground wood or
finished unscreened compost, or wet down with water to eliminate risk of windblown
dispersion.
• Based on available existing in -process compost inventories, the residuals shall be
combined with existing windrows using our standard approved blending, incorporation,
and processing procedures. The volume of residuals incorporated in the windrows shall
be approximately 10% of the total windrow volume. Additionally, the residuals may be
combined with finished unscreened compost and used as a capping material or biofilter_
Under no circumstances shall the total percentage of residuals contained in a composting
windrow exceed 20% by volume (combination of incorporated material and capping
material if used, which is later incorporated). The given volume of a windrow shall be
recorded on a windrow preparation and inventory sheet when it is built. The volume of
residuals that can be added shall be determined by multiplying that volume by 20%, The
operator shall note the volume of residuals added during the process (estimated by front-
end loader bucket volume and number of front-end loader buckets spread evenly across
the windrow prior to incorporation). The volume applied shall be subtracted from the
total volume available if residuals are used in the biofilter, The amount contained in the
blend shall be noted and subtracted from the total available for that windrow.
• Residuals incorporated and/or applied to windrows shall be included on the windrow
preparation sheet used to identify volumes and types of materials in the windrows as part
of our normal SOP.
Sampling/testing offinished compost containing residuals.
• At the completion of the composting process, after screening, samples shall be taken in
accordance with our approved SOP. A minimum of one composite test per 10,000 cubic
yards shall be collected for analysis. Finished compost that has been sampled and tested
to which residuals (>40 pCi/g gross alpha) have been added shall be sampled and tested
for appropriate radionuclides as defined in the facility's Design and Operations Plan
(D&O Plan) to ensure that radionuclide concentrations are not elevated above the range
of background in Colorado soils for Radium, as provided in Table 3.2 of the CDPI-IE
TENORM Policy and Guidance document issued in February, 2007, Rev. 2.1.
Soil and frortndwater• testing:
• The approved soil sampling plan shall be modified to include existing background
radionuclide testing. Subsequent to background testing, soil samples shall include
radionuclide testing every fifth year or at closure.
2
• The approved ground water sampling plan shall be modified to include existing
background radionuclide testing. Subsequent to background testing, ground water
samples shall include radionuclide testing every fifth year or at closure.
Summary:
• All currently approved D&O Plans, procedures for process monitoring, documentation,
soil sampling, and environmental controls not affected by this enhanced SOP shall
continue to be adhered to and utilized.
• All documentation and finished product testing shall be available on -site as required,
Processing and testing for composting operations accepting residuals shall meet the
appropriate requirements and levels defined in the CDPHE's TENORM Policy and
Guidance document issued in February, 2007 and any subsequent updates to that
document.
3
Al Organics —Rattler Ridge Organic Recycling Facility Design and Operations Plan
APPEND — IV Employee Training
Al Organics
Employee Training
14.4.2(J) Description of employee training, including recognition of prohibited material, actions to
mitigate nuisance conditions, and implementation of contingency plan:
Employee Training
The Operator will conduct initial training for new employees and annual training for employees
related to identification of and handling of prohibited materials. Information related to specific
training activities will be kept on file for reference as requested.
Peccgnitian of prohibited materials
Al Organics will not accept hazardous or toxic materials. Loads containing these materials will be
rejected. Generators are required to contact the Operator before delivery of materials and the site
operator is responsible for inspection of each load for compliance.
Actions to take to mitigate nuisance conditions
In the event nuisance conditions are present the operator will follow the procedures noted in
section 14.4.2 (N)(3).
Implementation of contingency plan
Unapproved or rejected materials received at the site will be removed and taken to a permitted
disposal facility by either the generator or the Operator. If the material is toxic or hazardous the
regulating body will be notified and procedures required by them will be followed,
Al Organics -- Rattler Ridge Organic Recycling Facility Design and Operations Plan
APPEND - V Engineer•reviewed Soil and Groundwater Sampling Plan
Al Organics — Rattler Ridge Organic Recycling Facility Design and Operations Plan
APPEND — VI Closure Plan
Al Organics
Closure Plan
144.2(M) Plans for closure and post closure care of the composting facility as
defined further in Sections 14.8 and 14.9:
114.81 Closure Plan:
The ownerloperator will notify the local governing body and the CDPHE of their intent to initiate
final closure plans. Once notification has been given or received by the governing body and the
CDPHE, the owner/operator will implement the following closure plan:
[14.8,1] Each Design and Operations Plan shall include a provision for closure of a
composting facility
[14.8.2] If at any time this composting facility ceases operation, including the discontinued
receipt, processing and sale of materials for more than one hundred eighty (180) days, the
owner/operator shall notify the CDPHE and the governing authority and unless otherwise
approved by the CDPHE and the local governing authority, the owner/operator shall begin
implementation of the Closure Plan. Closure activities shall not exceed ninety (90) days in
length. Extension of the closure period may be granted by the CDPHE and the local
governing authority if the ownerloperator demonstrates that closure will, of necessity, take
longer than ninety (90) days and all measures necessary to prevent threats to human health
and the environment will be taken.
Notify facility clients of the closure and discontinue receipt of any new feedstocks and/or bulking
agents within 30 days or sooner as directed by the local governing body and the CDPHE,
[14.8.3] The Closure Plan shall contain, at a minimum:
[14.8.3(A) A complete and accurate description and schedule of all steps necessary
to achieve closure of the composting facility. Such steps shall include the following
criteria:
1, The removal of all stored raw feedstock, bulking material, and liquid waste to a
permitted solid waste facility or a facility where the wastes may be beneficially
reused with approval of the CDPHE and the local governing authority
Remove all stored raw feedstocks, bulking material, and liquid waste to a permitted solid
waste facility or a facility where the wastes may be beneficially reused with approval of the
CDPHE and the local governing authority,
2. The removal of all other wastes on -site, including those wastes generated by
closure activities, to a permitted waste facility
Remove all other wastes on -site to a permitted waste facility.
3. The removal of all work pad areas
Work pad areas will be remediated unless approved for continued use by the local
governing body and the CDPHE.
4. The removal of all storm water control and collection structures, unless specifically
approved by the CDPHE and the local governing authority to remain on -site
Storm water control features, if they exist, will be removed unless approved for continued
use by the local governing body and the CDPHE.
5. The removal of all tanks, structures, and equipment
Remove all tanks, structures and equipment to other locations andlor dispose of in certified
disposal facilities,
6. Site restoration including regrading and revegetation
Re -grading and re -vegetation of the site will be completed as approved by the local
governing body and the CDPHE.
7. The removal of partially composted feedstocks and bulking material to a permitted
solid waste facility or another compost facility with approval from the CDPHE and
the local governing authority
Remove partially composted feedstocks and bulking material to another compost facility or
to a permitted solid waste facility with approval from the CDPHE and the local governing
authority.
(14.8.4] Within fourteen (14) calendar days of commencing implementation of the Closure
Plan, the facility shall provide written notification to the CDPHE and the local governing
authority
Provide written notification to the CDPHE and the local governing authority within fourteen (14)
calendar days of commencing implementation.
[14.8.5] Within thirty (30) calendar days of completing closure activities the ownerloperator
of the facility shall provide written notification to the CDPHE and the local governing
authority to document that all the requirements and conditions of the closure plan have
been achieved
Provide written notification to the CDPHE and the local governing authority to document that all the
requirements and conditions of the closure plan have been achieved within thirty (30) days.
2
(14.8.61 Following closure of the facility, a notation must be placed on the deed notifying
any potential purchaser that the property has been used as a composting facility
Place a notation on the deed notifying any potential purchaser that the property has been used as
a composting facility following closure of the facility.
3
Al Organics — Rattler Ridge Organic Recycling Facility Design and Operations Plan
APPEND — VII Post -Closure Plan
Al Organics
Post.closure Plan
14.4.2(M) Plans for closure and post closure care of the composting facility as
defined further in Sections 14.8 and 14.9:
114.9] Post•Closure Care and Maintenance
[14.9.1) Following closure of the composting facility the owner or operator must conduct
post -closure care, which shall consist of at least the following:
[14.9.1(A)) Continued monitoring, sampling and testing of soil, ground water or
surface water as defined in the post -closure plan
Monitor, sample, and test soft, groundwater or surface water as approved by the CDPHE
and the local governing authority.
(14.9.1(8)] Inspection and maintenance of any cover material or vegetation
inspect and maintain cover material or vegetation,
[14.9.1(C)] An annual report submitted to the CDPHE and the local governing
authority detailing post -closure care activities during the prior year
Submit an annual report to the CDPHE and the local governing authority detailing post -
closure care activities during the prior year.
[14.9.2] The post -closure care and maintenance period shall be for a minimum of five (5)
years. The length of the post -closure care period may be:
(14.9.2(A)] Decreased by the CDPHE after consultation with the local governing
authority if the owner or operator demonstrates that the reduced period is sufficient
to protect human health and the environment or
(14.9.2(B)] Increased by the CDPHE after consultation with the local governing
authority if it determined that the lengthened period is necessary to protect human
health and the environment
[14.9.3] Following completion of the post -closure care period the owner or operator must
submit a certification signed by an independent Colorado registered professional engineer
for approval by the CDPHE and the local governing authority, verifying that post -closure
care has been completed in accordance with the post -closure plan and has been placed in
the operating record
Submit a certification signed by an independent Colorado registered engineer following completion
of the post -closure care period for approval by the CDPHE and the local governing authority,
verifying that post -closure care has been completed in accordance with the post -closure plan and
has been placed in the operating record.
Printed from Electronic Record
COLORADO
Department of Public
Health & Environment
Air Pollution Control Division
Field Inspection Report
COUNTY NUMBER: 123
DATE OF INSPECTION: 9/14/2017
COUNTY: Weld
COMPANY: Al Organics
SITE LOCATION: 16350 Weld County Road 76
MAILING ADDRESS: 16350 WCR 76, Eaton, CO 80615
CONTACT PERSON: Bob Yost
TELEPHONE NO.: 970-454-3492
PERMIT NO.: 13WE1351.XP
SOURCE CLASS:
INSPECTION TYPE:
HOURS: Travel & Prep: 2
COMPLIANCE STATUS:
Major
SOURCE NUMBER: 9AEE
APCD
RECEIVED
10/13/2017
DPJ
DATE REPORT SUBMITTED: 10/13/2017
INSPECTOR: James Taloumis
TIME: 1300
EMAIL: bobyost@alorganics.com
❑ SM-80 ❑
Full Compliance
Evaluation
Partial Compliance Evaluation
Investigation
Inspection: 1
IN COMPLIANCE
Syn Minor
Onsite Evaluation
Offsite Evaluation
Minor
El
Report: 2 Total: 5
OUT OF COMPLIANCE ❑
INTRODUCTION
The Division inspector, James Taloumis, met with the source contacts, Bob Yost and Chris Skelton, to conduct the
inspection. The source is a composting operation that composts food waste and green waste. The source has been
the subject of two odor complaints recently. The most recent odor complaint was received by the Weld County
Department of Public Health and Environment on 9/13/2017 and was responded to as a part of this inspection.
POINT AIRS ID/PERMIT NUMBERS
123-9AEE-001: EATON ORGANIC RECYCLING FACILITY - COMPOSTING OF YARD WASTE:
MISC. VOC SOURCE: Permit No.: 13WE1351.XP: APEN Dated: 1/24/2013: No emission control
SOURCE COMPLIANCE HISTORY
Three complaints regarding odor from the facility have been received by the Weld County Department of Public
Health and Environment. These complaints were dated 4/18/2017, 9/13/2017, and 9/15/2017. Odor investigations
of the source were conducted in response to all three complaints and no violations were found.
NSPS/NESHAP/MACT APPLICABILITY
None are applicable.
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1239AEE-INSP-2018 Page 1 of 4
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COLORADO
Department of Public
Health. & Environment
Air Pollution Control Division
Field Inspection Report
REPORTS
No compliance reports were submitted or required during the compliance period.
APENS
See the point AIRS ID section above.
MALFUNCTION REPORT REVIEW
No malfunctions were reported.
COMPLIANCE ASSISTANCE/SOURCE ACTIONS
Compliance assistance was not given to the source.
PERMIT CONDITIONS AND COMPLIANCE STATUS
123-9AEE-001
Permit Exempt Letter 13WE1351.XP
Letter issued: 5/20/2014: APEN Dated: 1/24/2013
The Air Pollution Control Division has reviewed the APEN submitted for the following source:
Composting operation located
at:
Eaton Organic Recycling
Facility 16350 Weld County
Road 76
Eaton, CO 80615
The Division has determined that this operation is permit exempt by Regulation 3, Part B. Section
II.D. l.h which specifically exempts composting piles from air permit requirements. However, since the
emission of Volatile Organic Compounds (VOCs) is 1 ton per year or more, an Air Pollutant Emission
Notice (APEN) is required per Regulation 3, Part A, Section II.B.3.a.
This exemption from permitting requirements applies only to the composting operations. Any equipment
associated with the composting (crushers, screens, etc) must file separate Air Pollution Emission Notices
and obtain a permit if required.
This exemption from APEN and permit requirements is issued in reliance upon the accuracy and
completeness of information supplied by the applicant and is conditioned upon construction, installation,
and operation in accordance with this information and with representations made by the applicant or
the applicant's agents. Specifically this exemption has been granted provided that the following
information is accurate and complete:
Finished composting material shall not exceed 16,000 tons per year
2018 Inspection
1239AEE-INSP-2018
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COLORADO
Department of Public
Health. & Environment
Air Pollution Control Division
Field Inspection Report
The source provided annual throughput data for the facility. The throughput at the facility
was maximal in 2016 at 9,757.8 tons per year. The source is in compliance with this permit
term.
It should be noted that although exempted sources may not need air emission permits, they are still
required to meet all applicable standards and regulations of the Air Quality Control Commission,
including:
1) all odor requirements of Regulation Number 2 must be met
Conducted the source inspection in response to an odor complaint received by the inspector.
Conducted a full odor evaluation of the source at the time of the inspection. Observed odor
crossing off the property at a dilution threshold of 2:1. This would not be considered a
violation of Regulation Number 2. The source is in compliance with this permit term.
2) visible emissions shall not exceed 20% opacity.
There were no visible emissions observed from the source at the time of the inspection. The
source is in compliance with this permit term.
3) A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3,
Part A, Section II.C.)
a. Annually whenever a significant increase in emissions occurs as follows:
For any criteria pollutant:
For sources emitting less than 100 tons per year, a change in actual emissions of five
tons per year or more, above the level reported on the last APEN submitted; or
For any non -criteria reportable pollutant:
If the emissions increase by 50% or five (5) tons per year, whichever is less, above the
level reported on the last APEN submitted to the Division.
b. Whenever there is a change in the owner or operator of any facility, process, or activity;
or
c. Whenever new control equipment is installed, or whenever a different type of control
equipment replaces an existing type of control equipment; or
d. Whenever a permit limitation must be modified; or
e. No later than 30 days before the existing APEN expires. The APEN associated
with this exemption shall expire on January 24, 2018
The most recent APEN is dated 1/24/2013. The source is required to submit a 5 year
APEN update to the CDPHE by 12/24/2017. The source is in compliance with this
permit term.
2018 Inspection
1239AEE-INSP-2018
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Any changes with respect to the original submittal which would result in increases in emissions, or
which would result in the emission of any pollutants not listed in the original submittal,
automatically nullifies this exemption. Before actually making any such change, you must apply to
the Division for a new exemption based on the anticipated change; if the Division denies the new
exemption, you will have to obtain a permit before implementing the change.
CONCLUSION
Based on the information submitted to the inspector and the inspection, the source is in compliance with
Permit Exempt Letter 13WE1351.XP.
2018 Inspection
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Page 4 of 4
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Air Quality Control Commission
REGULATION NUMBER 2
ODOR EMISSION
5 CCR 1001-4
PART A GENERAL PROVISIONS
Pursuant to Section 25-7-109(2)(d), C.R.S., the following Emission Regulations are issued:
I. No person, wherever located, shall cause or allow the emission of odorous air contaminants from
any single source such as to result in detectable odors which are measured in excess of the
following limits:
I.A. For areas used predominantly for residential or commercial purposes it is a violation if
odors are detected after the odorous air has been diluted with seven (7) or more volumes
of odor free air.
I.B. In all other land use areas, it is a violation if odors are detected after the odorous air has
been diluted with fifteen (15) or more volumes of odor free air.
I.C.
I.C.1. When the source is a manufacturing process, the source shall have an
affirmative defense to a violation of Sections I.A. and I.B., Part A, of this
Regulation Number 2, provided that the source demonstrates that it is utilizing
the best practical treatment, maintenance, and control currently available in order
to maintain the lowest possible emission of odorous gases. In determining
whether the source has met its burden of utilizing the best practical control
methods, the source need not consider any method which would result in an
arbitrary and unreasonable taking of property or in the practical closing of any
lawful business or activity, if such would be without corresponding public benefit.
I.C.2. For all areas it is a violation when odors are detected after the odorous air has
been diluted with one hundred twenty seven (127) or more volumes of odor free
air in which case provisions of Section I.C.1., Part A, of this Regulation Number 2
shall not be applicable.
II. For the purposes of this Part A of Regulation Number 2, two odor measurements shall be made
within a period of one hour, these measurements being separated by at least fifteen (15) minutes.
These measurements shall be made outside the property line of the property from which the
emission originates.
III. For the purposes of this Part A of Regulation Number 2, personnel for evaluating odors shall be
selected using a "detectability rating test" as outline in "Selection and Training of Judges for
Sensory Evaluation of the Intensity and Character of Diesel Exhaust Odors." USPHS Pub. #999 -
AP -32.
IV. An instrument, device, or technique designated by the Colorado Air Pollution Control Division
may be used in the determination of the detectability of an odor and may be used as a guide in
the enforcement of this Part A of Regulation Number 2.
V. The provisions of this Part A of Regulation Number 2 shall apply throughout the State of
Colorado. Except that this Part A of Regulation Number 2 shall not apply to housed commercial
swine feeding operations, or to agricultural production that is not considered a major stationary
source.
PART B HOUSED COMMERCIAL SWINE FEEDING OPERATIONS
I. Applicability
The provisions of Regulation Number 2, Part B shall apply statewide, to new, expanded, and existing
housed commercial swine feeding operations, with the following exception. This Part B of Regulation
Number 2 is intended to work in conjunction with Section 61.13 of the Water Quality Control
Commission's Colorado Discharge Permit System Regulations Number 61.
II. Definitions
The following terms are defined specifically for this Part B of Regulation Number 2. For any terms not
defined in this Part B of Regulation Number 2, the definitions in the Colorado Air Pollution Prevention and
Control Act (State Act, Sections 25-7-101, C.R.S., et seq.) and the Commission's Common Provisions (5
C.C.R. 1001-2) shall apply.
II.A. Aerobic
Means a waste treatment method that utilizes air or oxygen.
ILB. Anaerobic
Means a waste treatment method that, in whole or in part, does not utilize air or oxygen.
II.C. Applicable Requirements
Means all of the following as they apply to emissions units in a housed commercial swine feeding
operation:
II.C.1. any term or condition of any permit to operate issued pursuant to this Part B of
Regulation Number 2;
II.C.2. any standard or other requirement provided for in this Part B of Regulation
Number 2; and
II.C.3. any standard or other requirement provided for in the State Act or Commission
regulations that apply to housed commercial swine feeding operations.
II.D. Aquifer
Means a formation, group of formations, or part of a formation containing sufficient saturated
permeable material that could yield a sufficient quantity of water that may be extracted and
applied to a beneficial use.
II.E. Capable of Housing
Means the combined maximum capacities of the housing units that are included in the housed
commercial swine feeding operation. Unless the owner of the housed commercial swine feeding
operation provides information about the specific operation to the Division, which demonstrates
that an alternative capacity calculation is appropriate for that housed commercial swine feeding
operation, operations will be presumed capable of housing 800,000 pounds or more of live animal
weight if they have the capacity to house:
II.E.1. 11,500 weaning swine (70 pounds or less);
II.E.2. 3,020 swine (70 pounds up to finish weight);
II.E.3. 2,000 breeding sows and/or boars; and
where more than one of the above -listed categories of swine of varying sizes are
present, housed commercial swine feeding operations will be deemed capable of
housing 800,000 pounds or more of live animal weight if, by dividing the capacity
for the number of each type of swine by the respective limit from Sections II.E.1.,
II.E.2., and/or II.E.3., Part B, of this Regulation Number 2, above, the sum of the
resulting numbers is one or greater.
II.F. Common or Affiliated Ownership or Management
Means:
ILF.1. housed commercial swine feeding operations owned by the same entity;
II.F.2. housed commercial swine feeding operations owned by entities related through
majority ownership; or
II.F.3. housed commercial swine feeding operations with structural, organizational, or
contractual relationships that evidence actual or effective control of the
management of the aspects of a housed commercial swine feeding operation
related to swine production or swine waste process wastewater conveyance,
storage, treatment, or land application systems.
II.G. Cover
Means a man-made, man -applied, or man -operated device, technology, or material that
encompasses the entire surface area of a process wastewater vessel or waste impoundment so
as to capture, recover, incinerate or otherwise manage odorous gases to minimize, to the
greatest extent practicable, the emissions of such gases into the atmosphere.
II.H. Division
Means for purposes of Regulation Number 2, Part B, the Division of Environmental Health and
Sustainability, of the Colorado Department of Public Health and Environment.
II.I. Existing Source
Means any housed commercial swine feeding operation that has commenced construction prior
to or on March 30, 1999.
II.J. Housed Commercial Swine Feeding Operation
Means a housed swine feeding operation that is capable of housing 800,000pounds or more of
live animal weight of swine at any one time or is deemed a commercial operation under local
zoning or land use regulations.
Two or more housed swine feeding operations shall be considered to comprise a single housed
commercial swine feeding operation if they are both:
II.J.1. under common or affiliated ownership or management, and
II.J.1.a. are adjacent to or utilize a common area or system for manure
disposal; or
II.J.1.b. are integrated in any way; or
II.J.1.c. are located or discharge within the same watershed or into
watersheds that are hydrologically connected; or
II.J.1.d. are located on or discharge onto land overlying the same ground
water aquifer.
ILK. Housed Swine Feeding Operation
Means the practice of raising swine in buildings, or other enclosed structures wherein swine of
any size are fed for 45 days or longer in any 12 month period, and crop or forage growth or
production is not sustained in the area of confinement.
ILL. Integrated in Any Way
Means separate operations that are related in a manner that creates a reasonable potential for
the operations to result in a measurable cumulative impact on water quality or air quality at any
one location.
II.M. Land Application
Means any process wastewater or manure being applied directly to the land for land disposal,
land treatment, or irrigation and does not include the discharge to surface waters or loading of
process wastewater vessels or waste impoundments even if such waters are subsequently
diverted and applied to the land.
II.N. Manure
Means feces, urine, litter, bedding, or feed waste from housed commercial swine feeding
operations.
11.O. New Source
Means any housed commercial swine feeding operation that has not commenced construction
prior to or on March 30, 1999.
II.P. Open Animal Feeding Operation
Means pens or similar confinement areas with dirt, concrete, or other paved or hard surfaces
wherein swine are substantially or entirely exposed to the outside environment and are located at
a housed commercial swine feeding operation. For the purposes of Part B of this Regulation
Number 2, the term open animal feeding operation is synonymous with the terms yard, pasture
lot, dirt lot, and dry lot, for swine, as these terms are commonly used in the agricultural industry.
II.Q. Permit to Operate
Means the same as a "construction permit" or "emission permit", and is the permit required under
Section 25-7-114.2, C.R.S.
II.R. Process Wastewater Vessel
Means a facility or part of a housed commercial swine feeding operation, other than a waste
impoundment, which is used for the storage, treatment, evaporation or discharge of pollutant -
containing wastewater, swine feeding process wastewater, waste solids, sludge, or associated
sediment from a housed commercial swine feeding operation.
II.S. Receptor
Means any occupied dwelling used as a primary dwelling or its curtilage, a public or private
school, or a place of business.
II.T. Swine Feeding Process Wastewater
Means any process -generated wastewater used in a housed commercial swine feeding
operation, including water used for feeding, flushing, or washing, and any water or precipitation
that comes into contact with any manure, urine, or any product used in or resulting from the
production of swine. As used in this Part B of Regulation Number 2, "process wastewater" shall
mean "swine feeding process wastewater."
II.U. Utilizes Air or Oxygen
Means a waste treatment method that utilizes air or oxygen at a minimum at one part per million
of dissolved oxygen throughout the liquid column of the impoundment or a waste treatment
method that is designed to meet the oxygen demand of the waste loading.
II.V. Waste Impoundment
Also termed "impoundment", means a facility or part of a housed commercial swine feeding
operation which is a natural topographic depression, man-made excavation, or diked area formed
of man-made or earthen materials, which is used for the storage, treatment, evaporation or
discharge of pollutant -containing wastewater, waste solids, sludge, or associated sediment from a
housed commercial swine feeding operation.
II.W. Watershed
Means a hydrologic unit no larger than an eight -digit unit as displayed on the U.S. Geologic
Survey 1974 Hydrologic Unit Map for the State of Colorado. The phrase "watersheds that are
hydrologically connected" shall mean watersheds that are contiguous and tributary to the same
four -digit unit. Provided, that two or more housed commercial swine feeding operations shall not
be considered to be located in the same watershed or in watersheds that are hydrologically
connected if the owner or operator demonstrates that there is no reasonable potential for the
operations to result in a cumulative impact on water quality at any one location.
II.X. Working Capacity
Means the number of weaned swine that the housed commercial swine feeding operation is
capable of housing at one time.
III. Odor Standards for Housed Commercial Swine Feeding Operations
III.A. Odor Concentration Standard at Property Boundary
III.A.1. All housed commercial swine feeding operations shall manage odor emissions
from all aspects of the operations such that odor emissions from the operations
shall not be detected at or beyond the property boundary after the odorous air
has been diluted with seven or more volumes of odor free air.
III.A.2. For the purposes of this Part B of Regulation Number 2, two odor measurements
shall be made within a period of one hour, these measurements being separated
by at least 15 minutes. These measurements shall be made at the property line
of the property from which the emission originates.
III.B. Odor Concentration Standard at Any Receptor
III.B.1. All housed commercial swine feeding operations shall manage odor emissions
from all aspects of the operations such that odor emissions from the operations
shall not be detected at any off -site receptor after the odorous air has been
diluted with two or more volumes of odor free air.
III.B.2. For the purposes of this Part B of Regulation Number 2, two odor measurements
shall be made within a period of one hour, these measurements being separated
by at least 15 minutes. These measurements shall be made at the receptor.
IV. Technology Requirements for Process Wastewater Vessels and Impoundments
IV.A. Anaerobic Process Wastewater Vessels and Impoundments
IV.A.1. New or Expanded
All new or expanded anaerobic process wastewater vessels and impoundments,
including, but not limited to, waste treatment or storage impoundments, constructed or
under construction for use in connection with a housed commercial swine feeding
operation, shall employ an approved cover or be operated with technologies or practices
that are as effective as covers at minimizing odor from the operation, to capture, recover,
incinerate, or otherwise manage odorous gases to minimize, to the greatest extent
practicable, the emission of such gases into the atmosphere. The housed commercial
swine feeding operation shall submit to the Division information sufficient to demonstrate
that the technologies and practices used are as effective as covers at minimizing odor
from the operation. Requirements concerning the use and maintenance of the
technologies or practices employed shall be included in the permit to operate and odor
management plan for the housed commercial swine feeding operation. All new anaerobic
process wastewater vessels and impoundments shall meet the setback requirements of
Section V., Part B, of this Regulation Number 2.
IV.A.2. Existing
All existing anaerobic process wastewater vessels and impoundments, including, but not
limited to, aeration tanks and waste treatment or storage impoundments, owned or
operated for use in connection with a housed commercial swine feeding operation, shall
employ a cover or be operated with technologies or practices that are as effective as
covers at minimizing odor from the operation as provided in Sections IV.A.3.a. through
IV.A.3.d., Part B, of this Regulation Number 2 so as to capture, recover, incinerate, or
otherwise manage odorous gases to minimize, to the greatest extent practicable, the
emission of such gases into the atmosphere. The housed commercial swine feeding
operation shall submit to the Division information sufficient to demonstrate that the
technologies and practices used are as effective as covers at minimizing odor from the
operation. Requirements concerning the use and maintenance of the technologies or
practices employed shall be included in the permit to operate for the housed commercial
swine feeding operation.
IV.A.3. All Anaerobic process Wastewater Vessels and Impoundments
IV.A.3.a. The anaerobic treatment process wastewater vessel or
impoundment shall employ an approved cover or be operated with
technologies or practices that are as effective as covers at minimizing
odor from the operation so as to capture, recover, incinerate, or
otherwise manage odorous gases to minimize, to the greatest extent
practicable, the emission of such gases into the atmosphere.
IV.A.3.b. Approved covers must constitute a continuous, physical barrier
between the anaerobic process wastewater and the ambient air that
completely covers the anaerobic process. The cover must have no
uncontrolled vents. Odor emissions from the anaerobic process
wastewater vessel or impoundment may not be vented to the
atmosphere. Rather, vents must be connected to equipment designed to
capture, control, combust and/or treat the odorous emissions.
IV.A.3.c. Approved covers include, but are not limited to, the following:
IV.A.3.c.(1) Rigid covers, such as geodesic domes or other
structures, which constitute a building roof or hard cap over the
anaerobic process wastewater vessel or impoundment.
IV.A.3.c.(2) Synthetic covers made of reinforced polypropylene,
high -density polyethylene, or other synthetic material, including
geosynthetic membranes and geomembrane covers. Synthetic
covers can be supported by cables or other structures above the
stored liquid, or can float on, or be inflated above, the waste
liquids surface. The cover must have a minimum thickness of 40
mils.
IV.A.3.c.(3) Any other cover approved by the Division with
comparable effectiveness to the above approved covers to
capture, recover, incinerate, or otherwise manage odorous
gases to minimize, to the greatest extent practicable, the
emission of such gases into the atmosphere. The owner or
operator of a housed commercial swine feeding operation shall
include in an application for a permit to operate credible
evidence of the effectiveness of such device, technology, or
material. In addition, the owner or operator must demonstrate the
continuous effectiveness of such alternative cover within180
days of the Division's issuance of the permit to operate. The
owner or operator shall make such a demonstration through
monitoring or as otherwise provided in the permit to operate. The
Division may condition final approval of such cover upon such
additional demonstrations as may be necessary to prove that
such cover will minimize or manage, to the greatest extent
practicable, emissions of odorous gases throughout the year. If
the owner or operator fails to make such demonstration of
effectiveness, the owner or operator shall promptly submit to the
Division, for incorporation into the permit to operate, a
compliance schedule for the installation and operation of an
approved cover as soon as possible but no later than 180 days
of the Division's determination of ineffectiveness.
IV.A.3.d. The owner or operator of a housed commercial swine feeding
operation that employs technologies or practices associated with an
anaerobic process wastewater vessel or impoundment must submit to
the Division information sufficient to demonstrate that such technologies
or practices are as effective as covers at minimizing odor from the
operation.
IV.A.3.d.(1) The owner or operator shall include such information in
an application for a permit to operate including olfactometry,
scentometry or other test methods that have been reviewed and
approved by the Division to demonstrate the effectiveness of
technologies or practices in minimizing odor compared to
Division -approved covers.
IV.A.3.d.(2) The owner or operator must demonstrate the continuous
effectiveness of such technologies or practices within 180 days
of the Division's issuance of the permit to operate. The owner or
operator shall make such a demonstration through monitoring or
other test methods as otherwise provided in the permit to
operate. The Division may condition final approval of such
technologies or practices upon such additional demonstrations
as may be necessary to prove that such technologies or
practices will minimize or manage, to the greatest extent
practicable, emissions of odorous gases throughout the year. If
the owner or operator fails to make such demonstrations of
effectiveness, the owner or operator shall promptly submit to the
Division, for incorporation into the permit to operate, a
compliance schedule for the installation and operation of an
approved cover, or other technology or practice approved by the
Division as soon as possible but no later than 180 days of the
Division's determination of ineffectiveness.
IV.A.3.e. An owner or operator may install a covered anaerobic treatment
digester (including covered sequencing batch reactors) that treats the
manure or process wastewater resulting from operations of the housed
commercial swine feeding operation. Any associated process
wastewater vessels and waste impoundments must be maintained as
aerobic or the cover requirement of Section IV.A., Part B, of this
Regulation Number 2 shall apply.
IV.A.3.f. Reserved.IV.A.3.g. The owner or operator of a housed
commercial swine feeding operation may choose among several
approved alternatives for managing the odorous gases produced from
the covered anaerobic process wastewater vessel or impoundment, so
long as the alternative is designed, operated, and maintained to
minimize, to the greatest extent practicable, the emission of such gases
into the atmosphere. Approved technologies are as follows:
IV.A.3.g.(1) Incineration. Vented gases may be collected and
incinerated through the use of a flare, incinerator, or other device
designed to burn waste gases.
IV.A.3.g.(2) Combustion, as part of an energy recovery operation.
Gases may be collected and combusted to operate a gas
turbine, engine generator set, boiler, or heater, to produce
usable energy.
IV.A.3.g.(3) Add-on Control Equipment. Vented gases may be
treated by the use of biofilters or wet scrubbers designed to
remove odor emissions, including hydrogen sulfide, particulate
matter, and ammonia gases, to the greatest extent practicable.
IV.A.3.g.(4) Any other device, technology, or process approved by
the Division as comparably effective as the technologies listed in
Section IV.A.3.g.(1) through IV.A.3.g.(3).
IV.B. Aerobic Impoundments
IV.B.1. New
Owners and operators of new aerobic impoundments shall employ technologies to
ensure maintenance of aerobic conditions or otherwise to minimize the emission of
odorous gases to the greatest extent practicable. Requirements concerning the use and
maintenance of the technologies employed shall be included in the permit to operate and
odor management plan for the housed commercial swine feeding operation. All new
aerobic impoundments shall meet the setback requirements of Section V., Part B, of this
Regulation Number 2.
IV.B.2. Existing
All existing aerobic impoundments shall install and have operational technologies to
ensure maintenance of aerobic conditions or otherwise to minimize the emission of
odorous gases to the greatest extent practicable. Requirements concerning the use and
maintenance of the technologies employed shall be included in the permit to operate and
odor management plan for the housed commercial swine feeding operation.
V. Setback Requirements for New Land Waste Application Site or New Waste Impoundment
V.A. Air Quality Setbacks
No new land waste application site or new waste impoundment used in connection with a housed
commercial swine feeding operation, shall be located less than:
V.A.1. One mile from an occupied dwelling without the written consent of the owner of
the dwelling;
V.A.2. One mile from a public or private school without the written consent of the
school's board of trustees or board of directors; and
V.A.3. One mile from the boundaries of any incorporated municipality without the
consent of the governing body of the municipality by resolution.
A new land waste application site is a land waste application site that was not in use as of
June 1, 1998. A new waste impoundment is a waste impoundment that was not in use as
of June 1,1998.
V.B. Air Quality Setback Measurements and Waivers
V.B.1. The one mile setback is a required part of the permit to operate for a housed
commercial swine feeding operation.
V.B.2. The setback distances specified in this Part B of Regulation Number 2 may be
waived with the consent of the party benefited by the setback distance.
V.B.2.a.A waiver granted by a private property owner becomes effective upon
being recorded with the county clerk of the county where the affected
property is located. The waiver shall reflect the full legal description of
the proposed housed commercial swine feeding operation site, the full
legal description of the property for which the waiver is granted, and the
signature of the owner of record as of that date. A certified copy of this
recording shall be provided to the Division as part of the permit to
operate application. If the proposed housed commercial swine feeding
operation site is in a different county than the affected property, the
waiver shall also be filed in the county where the proposed housed
commercial swine feeding operation site is located.
V.B.2.b.Public schools and incorporated municipalities shall approve a waiver of
setback requirements by action of the governing body. A certified copy of
the final action approving the waiver shall be included with the
application.
VI. Permit to Operate
VI.A. General Considerations
VI.A.1. Existing Sources
VI.A.1.a. No person shall operate, or modify as per Section VIII.A., an
existing housed commercial swine feeding operation without obtaining or
having a valid permit to operate from the Division for the housed
commercial swine feeding operation.. The owner or operator shall follow
the procedures and requirements set forth in this Part B of Regulation
Number 2 for obtaining and modifying a permit to operate from the
Division. The permit to operate application shall include an odor
management plan that demonstrates the housed commercial swine
feeding operation is in compliance with this Part B of Regulation Number
2. The owner or operator shall also file a copy of the complete
application for a permit to operate with the county clerk and with the
county or district public health agency for the county(ies) in which the
housed commercial swine feeding operation is located.
VI.A.1.b. A timely and complete application for a permit to operate for
existing sources under the provisions of this Part B of Regulation
Number 2 shall operate as a defense to an administrative enforcement
action for the housed commercial swine feeding operation's failure to
have a permit to operate until the Division or the Commission make a
final determination on the permit to operate application. This defense to
an enforcement action shall not apply if, subsequent to the completeness
determination, the applicant fails to submit by the deadline specified in
writing by the Division any additional information identified as necessary
to process the application, or to otherwise supplement its application in
accordance with the provisions of Part B, of this Regulation Number 2.
This defense to an enforcement action shall not be available to an
applicant who files a fraudulent application.
VI.A.2. New or Expanded Sources
No person shall commence construction, expansion, reconstruction, or modification of a
housed commercial swine feeding operation without obtaining or having a valid permit to
operate from the Division for the housed commercial swine feeding operation. The owner
or operator shall follow the procedures and requirements set forth in this Part B of
Regulation Number 2 for obtaining and modifying a permit to operate. The application for
a permit to operate shall include an odor management plan that demonstrates the
housed commercial swine feeding operation is in compliance with this Part B of
Regulation Number 2.
VI.A.3. New, Expanded, and Existing Sources
VI.A.3.a. Any permit which has been issued pursuant to a prior regulation
of the Commission, with respect to a project or the operation thereof,
shall continue in full force and effect for the purpose for which it was
originally issued, unless this current regulation no longer requires such
permit, in which case the permit can be rescinded by the Division upon
request of the owner or operator of the permitted source. The source
may request the Division to consolidate any previously issued permit with
a permit to operate required under this Part B of Regulation Number 2.
VI.A.3.b. Any order or decision of the Division shall be final upon
issuance.
VI.A.3.c. The owner or operator of a housed commercial swine feeding
operation shall pay the Division permit processing fees in the amounts
and subject to the limits specified in the provisions of the Colorado
Revised Statutes Section 25-7-114.7 for the costs of processing an
application for a permit to operate.
VI.A.4. Transfer or Assignment of Ownership
VI.A.4.a. If transfer or assignment of ownership or operation of an air
pollution emission source permitted pursuant to this Part B of Regulation
Number 2 is anticipated, the prospective owner or operator shall apply to
the Division on Division supplied administrative permit to operate
amendment forms for re -issuance of the existing permit to operate. To
revise a permit to operate for a transfer or assignment of ownership or
operation, the owner or operator must submit an amendment form to the
Division no later than 30 days after a change in the owner or operator of
any facility, process, or activity of a housed commercial swine feeding
operation.
VI.A.4.b. In accordance with the provisions of this Section VI.A.4., Part B,
of this Regulation Number 2, the permit to operate shall be reissued
upon completion of the transfer or assignment if the applicant certifies
that no change is contemplated which might constitute a new, expanded,
or modified air pollution source. In no event shall the new owner or
operator of a housed commercial swine feeding operation which was
subject to the requirements of this Part B of Regulation Number 2 prior to
the transfer or assignment be relieved of the obligation to comply with
such requirements by reason of a transfer. Such transfers are subject to
all applicable permit processing and inspection fees.
VI.A.4.c. If a company is changing its name only, the owner or operator
shall apply to the Division, on Division supplied administrative permit to
operate amendment forms, for re -issuance of the existing permit to
operate.
VI.A.4.d. No administrative permit to operate amendment for transfer or
assignment of ownership of a source shall be complete until a written
agreement containing a specific date for transfer of permit, responsibility,
coverage and liability between the current and new permittee is received
by the Division.
VI.B. Option for a Pre -Application Meeting
Prior to submitting an application for a permit to operate an applicant may request and, if so
requested, the Division shall grant, a pre -application meeting with the applicant. At such meeting,
the Division shall advise the applicant of the applicable requirements, including the information,
plans, specifications and the data required to be furnished with the application for the permit to
operate.
VI.C. Application for a Permit to Operate
VI.C.1. An application for a permit to operate shall be prepared on forms currently
supplied by the Division.
VI.C.2. Applications shall be signed by a person legally authorized to act on behalf of the
applicant. The applicant shall furnish all information and data required by the
Division to evaluate the application for a permit to operate and to make its
preliminary analysis.
VI.C.3. An application for a permit to operate will not be deemed to be complete until all
information and data required to evaluate the application have been submitted to
the Division. Within 60 calendar days after the receipt of an application or any
supplemental information requested by the Division, the Division will give notice
to the applicant if and in what respect the application is incomplete. If the Division
fails to notify an applicant that the application is incomplete within 60 calendar
days of receipt of the original application or receipt of the requested
supplemental information, the application shall be deemed to have been
complete as of the day of receipt by the Division of the original application or
receipt of the requested supplemental information. The application shall be
deemed to have been complete as of the day of receipt by the Division of the
application or the last submitted supplemental information, whichever is later, for
purposes of the application shield discussed in Section VI.A.1.b., Part B, of this
Regulation Number 2. Nothing herein precludes the Division from requesting
further information about the housed commercial swine feeding operation in
order to process the application for a permit to operate. If the Division concludes
that the application is not complete, it shall inform the applicant of the additional
information, which must be submitted prior to consideration of the application.
VI.C.4. Completeness Determinations
VI.C.4.a. The Division shall review each application submitted to
determine whether it is complete. An application shall be deemed to be
complete when it contains the information required by Sections VI.C.2.,
VI.C.3., and VI.D., Part B, of this Regulation Number 2 in sufficient detail
for the Division to evaluate the subject housed commercial swine feeding
operation and the application for a permit to operate and to determine all
applicable requirements.
VI.C.4.b. An owner or operator shall supplement the application for a
permit to operate to correct or update information provided in its initial
submission as soon as it becomes aware of any omissions or incorrect
information submitted or to address changes made to the housed
commercial swine feeding operation after submission of the application.
VI.C.4.c. An owner or operator shall supplement its application for a
permit to operate to address any requirements that become applicable to
the housed commercial swine feeding operation after the date the owner
or operator submitted its application, but prior to the Division's issuance
of a draft permit to operate.
VI.C.5. Requests for Additional Information
If, after an application for a permit to operate is deemed complete, the Division
determines that additional information is necessary to evaluate or take final action on an
application, the Division shall request necessary information in writing and set a
reasonable deadline for response. Additional information submitted by the deadline will
be evaluated by the Division. If the applicant fails to provide the requested information or
does not meet the deadline, the housed commercial swine feeding operation's ability to
operate without a permit to operate shall terminate on the date of the deadline.
VI.C.6. Preliminary Analysis
The Division shall prepare its preliminary analysis within 60 calendar days after receipt of
a complete application for a permit to operate. The preliminary analysis allows the
Division to determine whether the housed commercial swine feeding operation will upon
issuance of the permit to operate for existing sources or at the date of commencement of
operation for new sources comply with all applicable emission control regulations.
VI.D. Content of Permit to Operate and Application for a Permit to Operate
A permit to operate and application for a permit to operate shall contain at a minimum the
following:
VI.D.1. A complete and accurate odor management plan that minimizes to the greatest
extent practicable off -site odor emissions (see Section VII).
VI.D.2. A description of the cover, technologies and/or practices employed to capture,
recover, incinerate, or otherwise manage odorous gases from anaerobic process
wastewater vessels and impoundments to minimize, to the greatest extent
practicable, the emission of such gases into the atmosphere.
VI.D.3. The technologies employed to ensure the maintenance of aerobic conditions or
otherwise minimize to the greatest extent practicable the emission of odorous
gases from aerobic impoundments to the atmosphere.
VI.D.4. The applicable emission limitations and standards, including those operational
requirements and limitations that assure compliance with all applicable
requirements at the time of the Division's issuance of the permit to operate.
VI.D.5. All applicable monitoring requirements.
VI.D.6. All applicable recordkeeping requirements.
VI.D.7. All applicable reporting requirements.
VI.E. Hearing and Public Comment Requirements
VI.E.1. For new operations, the Division shall, within 15 calendar days after the
preparation of the preliminary analysis, cause public notice of the application to
be published on the Colorado Department of Public Health and Environment's
website and in a newspaper of general distribution in the area in which the
proposed operation will be located, and a copy of the preliminary analysis and
application to be filed with the county clerk(s) for the county(ies) in which the
source will be located and shall send written notice to persons requesting notice
of an application for a permit to operate for the type of area or source affected.
Such notice shall state:
VI.E.1.a. The location and nature of the proposed activity or project for
which a permit to operate application has been filed;
VI.E.1.b. The locations where the application and preliminary analysis are
available for public inspection;
VI.E.1.c. That comments concerning the ability of the proposed project or
activity to comply with the applicable standards and regulations of the
Commission are solicited from any interested person;
VI.E.1.d. That the Division will receive and consider public comments for
30calendar days after such publication;
VI.E.1.e The Division's preliminary determination of approval, conditional
approval, or disapproval of the application and/or compliance plan;
VI.E.1.f. That comments are solicited on an innovative technological
system for pollution control if proposed by the applicant;
VI.E.1.g.That comments are solicited on the air quality impacts of the housed
commercial swine feeding operation or modification; and
VI.E.1.h. That comments are solicited on alternatives available to the
housed commercial swine feeding operation.
VI.E.2. For new housed commercial swine feeding operations, a hearing request by the
applicant must be provided to the Division within 30 days of publication of the
notice for public comment.
VI.E.3. A hearing request pursuant to Section VI.E.2., Part B, of this Regulation Number
2, must be transmitted by the Division to the Commission, along with the
complete application for a permit to operate, the preliminary analysis, and any
written comments received by the Division within five days after the end of the 30
day comment period; except that for existing housed commercial swine feeding
operations the Division will transmit the required information to the Commission
within five days after receipt of the hearing request.
VI.E.4. Applicants appealing any final decision of the Division shall follow the
Commission's Procedural Rules (5 C.C.R. 1001-1, Section VI.).
VI.F. Permit to Operate Review Requirements
Within 30calendar days following the completion of the Division's preliminary analysis for
applications for existing sources, within 30 calendar days following the period for public comment
for new sources, or if a hearing is held, within 30 calendar days following such hearing, the
Division or the Commission, as the case may be, shall grant the permit to operate if it finds that
the proposed housed commercial swine feeding operation or activity will meet all applicable
requirements in this Part B of Regulation Number 2 and any other applicable Commission
regulations.
VI.G. Denial or Revocation of the Permit to Operate
VI.G.1. If the Division determines that a housed commercial swine feeding operation
cannot comply or does not operate in compliance with the provisions of Section
VI., Part B, of this Regulation Number 2, the Division shall issue its written denial
of the application for a permit to operate stating the reasons for such denial. Any
Division denial of a permit to operate shall become final upon mailing of the
denial notice to the applicant by certified mail. The applicant may appeal the
Division's final denial of a permit to operate as provided in Section VI.G.3., Part
B, of this Regulation Number 2.
VI.G.2. Any applicant for a permit to operate shall advise the Division in writing of any
refusal to accept any permit condition imposed by the Division within 30 calendar
days after receipt of the permit to operate. Such refusal shall be deemed a denial
of the application for a permit to operate.
VI.G.3. If the Division denies a permit to operate, the conditions imposed upon a permit
to operate are contested by the applicant, or the Division revokes a permit to
operate, the applicant or owner or operator may request a hearing before the
Commission for review of the Division's action. The hearing shall be heard in
accordance with the provisions of Section 25-7-114(4)(h), C.R.S. and Section 25-
7-119, C.R.S. of the Act and Section 24-4-105, C.R.S. (State Administrative
Procedures Act).
VI.H. Final Approval of a Permit to Operate
VI.H.1. Unless prior and mutually acceptable arrangements have been made, the
applicant shall not commence the operation of a new source for which a permit to
operate has been issued or reinstated without giving notice to the Division, 30
calendar days prior to the date on which commencement will take place.
VI.H.2. Within 180 calendar days after commencement of operation of a new source the
owner or operator shall demonstrate to the Division compliance with the terms
and conditions of the permit to operate and the Division may inspect the housed
commercial swine feeding operation to determine whether or not the operating
terms and conditions of the permit to operate have been satisfied.
V I.H.3. Before the Division grants final approval of the permit to operate, the Division
may require the applicant to conduct performance tests in accordance with
methods approved by the Division. A test protocol shall be submitted to the
Division for review and approval prior to testing. The Division may monitor such
tests and may, at its expense, conduct its own performance tests.
VI.H.4. If the Division determines that the terms and conditions of the permit to operate
have been satisfied, the Division shall issue in writing its final approval of a
permit to operate to the applicant. Otherwise, the Division shall revoke the permit
to operate.
VI.H.5. Final approval of a permit to operate may be issued at the same time as initial
approval for temporary sources within a housed commercial swine feeding
operation of a duration of one month or less.
VI.I. Cancellation of a Permit to Operate
Whenever an owner or operator wishes to cancel a permit to operate, the owner or operator shall
notify the Division, in writing.
VII. Odor Management Plan
VILA. The application for a permit to operate shall be accompanied by a complete and accurate
odor management plan. An odor management plan is required for each new or existing
source. The odor management plan shall be approved by the Division prior to issuance of
the permit to operate.
VII.B. A complete and accurate odor management plan shall include a description of and a map
which demonstrates the location of each of the operations and processes at the housed
commercial swine feeding operation, including the following:
VI1.B.1. Swine confinement structures, including open animal feeding operations;
VII.B.2. Manure collection, storage, and treatment systems, including anaerobic process
wastewater vessels and impoundments and aerobic impoundments;
VII.B.3. Composting storage sites; and
VI1.B.4. Land application equipment and sites.
VII.C. A complete and accurate odor management plan shall also include the following
components:
VII.C.1. Construction and design plans for odor controls and management practices,
including for the following technologies if applicable:
VII.C.1.a. The necessary technology that shall be employed to minimize to
the greatest extent practicable off -site odor emissions from all aspects of
the operations at the housed commercial swine feeding operation,
including swine confinement structures, animal waste, and composting
storage sites, and odor and aerosol drift from land application equipment
and sites;
VII.C.2. Operation plans for odor controls and management practices, including plans for
the following, if applicable:
VII.C.2.a. Proper operation and maintenance of the necessary technology
or practices to minimize to the greatest extent practicable off -site odor
emissions from all aspects of the operations at the housed commercial
swine feeding operation, including swine confinement structures, animal
waste, and composting storage sites, and odor and aerosol drift from
land application equipment and sites;
VII.C.2.b. Operation of the required equipment in compliance with
manufacturer's specifications and recommendations;
VII.C.2.c. Proper operation and maintenance of covers, technologies
and/or practices employed for anaerobic process wastewater vessels
and impoundments to capture, recover, incinerate, or otherwise manage
odorous gases to minimize, to the greatest extent practicable, the
emission of such gases into the atmosphere; and
VII.C.2.d. Proper operation and maintenance of the necessary technology
employed for aerobic impoundments to ensure maintenance of aerobic
conditions or otherwise to minimize the emission of odorous gases to the
greatest extent practicable.
VII.C.3. An animal waste management plan for odor control and management practices
necessary to minimize to the greatest extent practicable off -site odor emissions
from all aspects of the operations at the housed commercial swine feeding
operation, including swine confinement structures, animal waste, and composting
storage sites, and odor and aerosol drift from land application equipment and
sites.
VII.D. All plans and specifications for odor control equipment and management practices
included in the odor management plan must conform to common and accepted
professional practices.
VILE. Testing, sampling, and analysis requirements appropriate for the housed commercial
swine feeding operation.
VIII. Modification or Reopening of a Permit to Operate
VIII.A. Modification
The owner or operator must request, or the Division may require, a modification to the permit to
operate and odor management plan when it is necessary to correct operational problems or to
incorporate controls that minimize to the greatest extent practicable the emission of odorous
gases from anaerobic process wastewater vessels and impoundments into the atmosphere, the
emission of odorous gases from aerobic impoundments, and off -site odor emissions from all
aspects of the housed commercial swine feeding operations. The owner or operator must obtain
approval from the Division prior to initiating any change in operational procedures that may
impact odorous gases, including but not limited to the following:
VIII.A.1.Increasing the number of animals permitted at the housed commercial swine
feeding operation;
VIII.A.2.Changing animal waste treatment, storage, or disposal practices from those
permitted at the housed commercial swine feeding operation;
VIII.A.3.Changing the nature and volume of the animal waste generated at the housed
commercial swine feeding operation; and
VIII.A.4.Disposing of animal waste at any locations other than those identified in the
permit to operate.
If a housed commercial swine feeding operation is required to modify its permit to operate or odor
management plan, it shall pay the Division permit processing fees in the amounts and subject to
the limits specified in the provisions of the Colorado Revised Statutes Section 25-7-114.7, for the
Division's review of the odor management plan revisions.
VIII.B. Revocations/Reopening for Cause
VIII.B.1.A permit to operate issued pursuant to this Part B of Regulation Number 2 shall
be reopened and revised in accordance with the State Act under any of the
following circumstances:
VIII.B.1.a. The Division determines that the permit to operate contains a
material mistake or that inaccurate statements were made in establishing
the terms or conditions of the permit to operate.
VII1.B.1.b. The Division determines that the permit to operate must be
revised or revoked to assure compliance with the applicable
requirements.
VIII.B.2.Permit to operate reopenings and reissuance shall be processed using the
procedures set forth in Section VI., Part B, of this Regulation Number 2 for permit
to operate issuance and renewal.
VII1.B.2.a. Proceedings to reopen and reissue permits to operate affect only
those parts of the permit to operate for which cause to reopen exists.
VII.B.2.b. Reopenings under this Section VIII.B., Part B, of this Regulation
Number 2 shall not be initiated before notice of such intent is provided to
the housed commercial swine feeding operation by the Division at least
30 days in advance of the date that the permit to operate is to be
reopened.
IX. Specific Odor Control Requirements
Housed commercial swine feeding operations shall employ technology to minimize to the greatest extent
practicable off -site odor emissions from all aspects of its operations.
IX.A. Mandatory Specific Odor Control Requirements
Housed commercial swine feeding operations shall employ the following odor control
technologies and comply with the following work practices at a minimum for all aspects of the
operations, unless the owner or operator can demonstrate that an alternative technology or work
practice is more effective in minimizing off -site odor emissions from that aspect of the operation to
the greatest extent practicable, with the exception of Sections IX.A.2.a., and IX.A.2.b., Part B,
Regulation Number 2. In any event, the housed commercial swine feeding operation must comply
with the standards in Section III.A., and III.B., Part B, of this Regulation Number 2.
IX.A.1. Swine Confinement Structures
Swine confinement structures, including under floor waste storage areas, must be
designed, operated, and maintained to minimize odor emissions. Each swine
confinement structure must employ, at a minimum, the following odor control
technologies and work practices to minimize odor emissions to the greatest extent
practicable, but in any event must meet the standards in Sections III.A., and III.B., Part B,
of this Regulation Number 2:
IX.A.1.a. Adequate Ventilation
IX.A.1.a.(1) Existing sources shall employ the necessary technology
and work practices to ensure adequate ventilation and efficient
air movement to reduce gases and odors, remove moisture,
control temperature, and keep the animals clean.
IX.A.1.a.(2) New sources that store and/or treat wastewater, solids,
and/or sludges under the floor of the swine building shall employ
mechanical under floor ventilation and add-on control equipment
for exhaust vents to the outside.
IX.A.1.b. Dust Management
The dust at a confinement structure must be managed so as to minimize off -site
odor emissions to the greatest extent practicable by minimizing the amount of
dust in the confinement structure.
IX.A.1.b.(1) The inside of the confinement structure shall be
maintained so as to keep the animals reasonably clean.
IX.A.1.b.(2) Bedding shall be replaced as necessary to reduce dust,
if applicable.
IX.A.1.b.(3) The feed delivery downspouts shall be sized to minimize
the generation of dust.
IX.A.1.b.(4) The feed storage tanks and containers shall be
maintained so as to minimize spills, including keeping
mechanical equipment in good repair and removing spilled feed
as specified in the Odor Management Plan.
IX.A.1.b.(5) Exhaust fans and shutters must be cleaned of dust as
necessary.
IX.A.1.b.(6) Building sidewall screens should be cleaned of debris
such as dust, cobwebs, and weeds as frequently as necessary.
IX.A.1.c. Manure Management
IX.A.1.c.(1) All surfaces (including slotted and slatted floors) on
which manure may collect and on which animals are maintained,
including floors and walls, should be as clean and dry as
possible and with a minimum of cracks and crevices.
IX.A.1.c.(2) Manure must be removed from all of these surfaces as
frequently as necessary, by flushing or pit recharge using fresh,
recycled, or well treated water, or scraping.
IX.A.1.c.(3) The surfaces shall be completely cleaned and washed
down between groups of animals.
IX.A.1.c.(4) Flushing systems shall be flushed as frequently as
necessary.
IX.A.1.c.(5) Pit recharge systems shall be partially drained and
refilled as frequently as necessary.
IX.A.1.c.(6) The floor surface area on which manure can accumulate
shall be minimized.
IX.A.1.c.(7) New sources shall use slotted (also known as slatted)
floors or another design as approved by the Division.
IX.A.1.c.(8) Flush tanks shall have a cover and the fill line shall be
extended to near the bottom of the tank with an anti -siphon vent.
IX.A.1.c.(9) Sump tanks shall be covered.
IX.A.2. Solid Waste and Process Wastewater Collection, Storage, and Treatment
Systems
All solid waste and process wastewater held in process wastewater collection, storage
and treatment systems, including waste impoundments and anaerobic and aerobic
impoundments and vessels, must be stored, treated, and handled in a manner to
minimize odor emissions. Solid waste and process wastewater may be stored only in
accordance with the following methods:
IX.A.2.a. In anaerobic process wastewater vessels and impoundments,
pursuant to the preceding Section IV.A., Part B, of this Regulation
Number 2; or
IX.A.2.b. In aerobic impoundments, pursuant to the preceding Section
IV.B., Part B, of this Regulation Number 2.
IX.A.2.c. The owner or operator shall ensure that separated solids are
removed promptly to a storage vessel and managed to minimize off -site
odor emissions to the greatest extent practicable, composted in
compliance with Section IX.A.3., Part B, of this Regulation Number 2,
and/or land applied in compliance with Section IX.A.4., Part B, of this
Regulation Number 2.
IX.A.2.d. The owner or operator shall comply with the following practices
during operation of process wastewater vessel or waste impoundment:
IX.A.2.d.(1) Treatment and storage vessels and impoundments must
be loaded at the proper rate to minimize the emission of odorous
gases to the greatest extent practicable.
IX.A.2.d.(2) Loading shall occur on a daily or frequent basis to avoid
"shock" loading and upset conditions.
IX.A.2.d.(3) Loading shall occur through a feeder pipe that
discharges below the surface water level.
IX.A.2.d.(4) Aerobic impoundments shall ensure that there is
sufficient oxygen in the impoundment to ensure maintenance of
aerobic conditions and utilize air or oxygen as defined in this Part
B of Regulation Number 2.
IX.A.2.e. Owners and operators shall minimize release of odorous gases
from the liquids in the process wastewater vessels and waste
impoundments to the greatest extent practicable.
IX.A.2.f. The owner or operator shall ensure that all pre-treatment
digesters are operated to ensure stabilization of the waste and odor
control, including operating at the appropriate loading rate, retention
time, and temperature.
IX.A.3. Manure Composting Storage Sites
All solid manure compost operations shall meet at a minimum the following best odor
management control practices:
IX.A.3.a. All compost piles shall be operated to ensure maintenance of
proper aerobic conditions at all times or shall be fully contained in a
vessel or a covered building to minimize to the greatest extent
practicable off -site odor emissions.
IX.A.3.b. All compost piles shall be aerated using natural, mechanical, or
other Division- approved system. If a natural system is used, the owner
or operator shall turn the compost pile on a frequent basis (at least
weekly or more frequently as necessary to comply with Sections III.A.,
and III.B., Part B, of this Regulation Number 2). If a mechanical system is
used, the owner or operator shall establish and follow operating
parameters to minimize to the greatest extent practicable off -site odor
emissions.
IX.A.4. Land Application
Owners and operators land applying process wastewater, solid waste, or sludge shall, at
a minimum, comply with the following requirements:
IX.A.4.a. No land application of process wastewater, solid waste, or
sludge shall occur on lands which are saturated, on land where ponding
is occurring, or on land with a snow depth of greater than one inch.
During this period, wastewater must be impounded or otherwise treated
pursuant to this Part B of Regulation Number 2.
IX.A.4.b. No land application of process wastewater, solid waste, or
sludge shall occur on lands which are frozen unless the Water Quality
Control Division has approved of the required site -specific analysis
demonstrating that run-off will not occur. During this period, wastewater
must be impounded or otherwise treated pursuant to this Part B of
Regulation Number 2.
IX.A.4.c. Process wastewater shall be land applied only when the wind
conditions are such to minimize off -site transport of the process
wastewater.
IX.A.4.d. Land application on weekends and holidays shall not occur
unless the Division approves of a waiver or under dire circumstances or
an emergency.
IX.A.4.e. All process wastewater:
IX.A.4.e.(1) that is land applied and not injected shall be pretreated
to remove at least 65 percent of the total solids and remove over
90 percent of the volatile fatty acids or achieve at least 60
percent removal of total volatile solids; or
IX.A.4.e.(2) that is land applied and injected need not be pretreated
as described in Section IX.A.4.e.(1), Part B, Regulation Number
2.
IX.A.4.f.All process wastewater disposal operations using pressure spray
systems shall meet the following requirements:
IX.A.4.f.(1) Spraying shall occur using minimum recommended
operating pressure with a low pressure system that is no greater
than 20 psi, unless the process wastewater is pretreated to
remove at least 60 percent of the solids and destroy 95 percent
of the volatile fatty acids or achieve at least 60 percent removal
of total volatile solids;
IX.A.4.f.(2) Pump intake shall be located near the waste
impoundment liquid surface;
IX.A.4.f.(3) A low trajectory system shall be used for spraying; and
IX.A.4.f.(4) Multi -stage waste impoundment systems shall only
utilize liquids for land application from the last stage waste
impoundment.
IX.A.4.g. Owners and operators land applying any solids separated from
process wastewater by screening, settling, or other means, and the land
application of any sludge from any process wastewater vessel or
impoundment, shall, at a minimum, comply with the following
requirements:
IX.A.4.g.(1) All solids or sludges being land applied shall be injected
or knifed into the soil immediately upon application. The owner or
operator may request and the Division may approve solids or
sludges being incorporated into the soil within six hours after
application is completed if the owner or operator can
demonstrate such a process minimizes to the greatest extent
practicable off -site odor emissions.
IX.A.4.g.(2) All solids or sludges applied to the land using subsurface
injection methods shall not result in significant amounts of the
solids or sludges being present on the surface within one hour
after the solids or sludges are injected.
IX.A.4.h. Land application of wastewater shall not be allowed outside of
the period of March 1 through October 31.
IX.A.5. Carcass Disposal
Owners and operators shall dispose of carcasses in a manner that minimizes to the
greatest extent practicable off -site odor emissions, using one of the approved carcass
disposal methods described in Sections IX.A.5.a., through IX.A.5.d., Part B, of this
Regulation Number 2.
All carcasses shall be refrigerated or kept natural cooled in a covered enclosure if the
owner or operator fails or is unable to properly dispose of the carcasses in accordance
with Sections IX.A.5.a. through IX.A.5.d., Part B, of this Regulation Number 2, within 24
hours.
IX.A.5.a. Incineration. Owners or operators shall store the carcasses in an
enclosure until the carcasses can be incinerated. The carcasses shall be
incinerated so as to avoid incomplete combustion. If the incinerator is
unable to consistently achieve complete combustion, the owner or
operator shall install a secondary stack burner. The owner or operator
shall operate the incinerator in compliance with Commission Regulation
Number 6 (5 C.C.R. 1001-8), Part B Sections VII., concerning the
operation of incinerators.
IX.A.5.b. Burial. Owners or operators shall bury the carcasses after one
day of storage. The carcasses shall be completely covered so as to
minimize to the greatest extent practicable odor emissions. The
carcasses shall be buried so as not to negatively impact water quality of
the waters of Colorado and be in compliance with the Colorado Solid
Waste Act and its implementing regulations.
IX.A.5.c. Transport Off Site. Owners or operators shall store the
carcasses in a manner to minimize to the greatest extent practicable off -
site odor emissions from death of the animal until the carcass is picked
up.
IX.A.5.d. Composting. Owners or operators shall put the carcasses in the
composter within one day of the death of the animal. The carcasses shall
be maintained in a manner to minimize to the greatest extent practicable
off -site odor emissions.
IX.A.5.e. Any other disposal method approved by the Division.
IX.B. Recommended Specific Odor Control Requirements
The following technologies and work practices are recommended and the Division may require a
housed commercial swine feeding operation to employ the following odor control technologies
and comply with the following work practices at a minimum for all aspects of the operations, if the
Division determines that the housed commercial swine feeding operation must employ such
technologies or work practices to comply with the standards in Sections III.A., and III.B., Part B, of
this Regulation Number 2.
IX.B.1. Swine Confinement Structures
IX.B.1.a. Adequate Ventilation
IX.B.1.a.(1) A mechanical ventilation system shall be designed,
installed, operated, and maintained to ensure adequate
ventilation and efficient air movement to reduce gases and
odors, remove moisture, control temperature, and keep the
animals clean.
IX.B.1.a.(2) Fresh air intakes for ventilation located away from dust
sources and manure pits.
IX.B.1.a.(3) Add-on control equipment installed on all exhaust vents
from the confinement structures.
IX.B.1.a.(4) Mechanical under floor ventilation and add-on control
equipment from exhaust vents to the outside.
IX.B.1.b. Dust Management
IX.B.1.b.(1) The use of feed additives and enclosed feeder
mechanisms and feed delivery systems.
IX.B.1.c. Manure Management
IX.B.1.c.(1) Manure must be removed from all of surfaces on which
manure may collect and on which animals are maintained as
frequently as necessary, by flushing or pit recharge using fresh
or well treated water, or scraping.
IX.B.1.c.(2) Use of feed management practices, such as phase
feeding, amino acid supplemented low protein diets, enzymes, or
other feed additives, which reduce the nitrogen content of
manure.
IX.B.1.d. Windbreak walls shall be erected downwind from the fans that
exhaust air from tunnel -ventilated confinement structures.
IX.B.1.e. Add-on control system shall be installed at each exhaust vent to
the outside at confinement structures.
IX.B.2. Solid Waste and Process Wastewater Collection, Storage, and Treatment
Systems
IX.B.2.a. The owner or operator shall comply with the following practices
during operation of a process wastewater vessel or waste impoundment:
IX.B.2.a.(1) Aerobic impoundments shall employ mechanical
aerators sized to provide sufficient oxygen to ensure
maintenance of aerobic conditions and utilize air or oxygen as
defined in this Part B of Regulation Number 2, and mechanically
aerated impoundments shall be aerated continuously; and
IX.B.2.a.(2) The removal pumps shall be located as far as possible
from the inflow line and above the designed sludge storage
volume.
IX.B.2.b. Fill and recharge lines are extended to near the bottom of the pit
with an anti -siphon vent to minimize agitation when pumping liquids.
IX.B.3. Manure Composting Storage Sites
IX.B.3.a. All air collected from the manure compost pile shall be directed
to one or more control points for odor reduction using one or more odor
control practices defined in Section IV.A.3.e., Part B, of this Regulation
Number 2.
IX.B.4. Land Application
IX.B.4.a. All process wastewater, solid wastes, and sludges prior to land
application shall be treated as necessary to minimize to the greatest
extent practicable off -site odor emissions.
IX.B.4.b. Land applying process wastewater, solid wastes, and sludges
may be restricted based upon other factors as necessary to minimize to
the greatest extent practicable off -site odor emissions, including, but not
limited to, wind direction, temperature, humidity, and impending rainfall.
IX.B.4.c. The soil shall be tilled prior to and after application of solid
wastes or sludges.
IX.B.4.d. All process wastewater disposal operations using pressure spray
systems shall meet the following requirements:
IX.B.4.d.(1) The application of extra fine spray shall not occur.
IX.B.5. Carcass Disposal
IX.B.5.a. Any odor emissions from any enclosures or covered units or
vessels used to store carcasses shall be captured and treated as
necessary.
X. Testing, Recordkeeping, Reporting, and Monitoring Requirements
X.A. Testing Requirements
X.A.1. Testing requirements apply to all aspects of the housed commercial swine
feeding operations and include:
X.A.1.a.Testing for concentration of off -site odor emissions; and
X.A.1.b.Testing for emissions from incinerators if applicable.
X.A.2. At a minimum, an owner or operator shall comply with the following testing
requirements:
X.A.1.a.An initial compliance test within 180 days after a permit to operate has
been issued; and
X.A.2.b.Semi-annual compliance testing beginning within six months of issuance
of the permit to operate.
X.B. Recordkeeping Requirements
At a minimum, an owner or operator shall comply with the following recordkeeping requirements:
X.B.1. Records of the required monitoring information that includes the following:
X.B.1.a.Date, place as defined in the permit to operate, and time of sampling or
measurements;
X.B.1.b.Date(s) on which analyses were performed;
X.B.1.c.The company or entity that performed the analyses;
X.B.1.d.The analytical techniques or methods used;
X.B.1.e.The results of such analysis; and
X.B.2.f. The operating conditions existing at the time of sampling or
measurement.
X.B.2. The owner or operator shall record the dates, field locations, wind direction, wind
rate, application rate, and the source of the process wastewater, solid waste, or
sludge for each land application at the housed commercial swine feeding
operation.
X.B.3. The retention of records of all required monitoring data and support information
for a period of at least five years from the date of the monitoring sample,
measurement, report, or application. A housed commercial swine feeding
operation shall make available for Division review all other records of required
monitoring data and support information required to be retained by a housed
commercial swine feeding operation upon 48 hours advance notice by the
Division.
X.C. Monitoring Requirements
At a minimum, an owner or operator shall comply with the following monitoring requirements:
X.C.1. All odor emissions monitoring and analysis procedures or test methods relied
upon in the odor management plan, including any required procedures and
methods for compliance certification requirements.
X.C.2. Periodic monitoring sufficient to yield reliable data for the relevant time period
that are representative of the housed commercial swine feeding operation's
compliance with the permit to operate and odor management plan. Such
monitoring requirements shall assure use of terms, test methods, units,
averaging periods, and other statistical conventions consistent with the
applicable requirements in the permit to operate and odor management plan.
X.C.3. As necessary, requirements concerning the use, maintenance, and where
appropriate, installation of monitoring equipment or methods as required by the
permit to operate and odor management plan.
X.D. Reporting Requirements
At a minimum, an owner or operator shall comply with the following reporting requirements:
X.D.1. Submit an annual report by February 15th of each year that includes the results of
all required monitoring.
X.D.2. Prompt reporting of deviations from permit to operate requirements, including
those attributable to upset conditions, the probable cause of such deviations, and
any corrective actions or preventative measures taken.
XI. Enforcement
The Division shall enforce the provisions of Regulation Number 2, Part B. The Division may delegate
enforcement of the provisions of Regulation Number 2, Part B to any county or district public health
agency. If the Division delegate's enforcement of Regulation Number 2, Part B, the Division shall monitor
the actions of any county or district public health agency as such actions pertain to enforcement of
Regulation Number 2, Part B.
XII. Annual Fees
The Division shall assess each housed commercial swine feeding operation an annual fee in accordance
with and in the amounts and limits specified in the provisions of the Colorado Revised Statutes Section
25-7-138 (5).
XII.A. This fee shall be based on the working capacity of each housed commercial swine
feeding operation.
XII.B. This fee shall be designated to fund and offset the Division's direct and indirect costs of
an inspection, complaint response and enforcement program.
XII.C. By mutual agreement, any county or district public health agency that assists in
enforcement of this Regulation Number 2, Part B shall receive funding to conduct
inspections and respond to complaints.
XIII. Reserved. XIV. Severability Clause
If any provision of this regulation is found to be invalid by a court of competent jurisdiction, the remaining
provisions of the regulation are valid, unless it appears to the court that the valid provisions of the
regulation are so essentially and inseparably connected with, and so dependent upon, the void provision
that it cannot be presumed the Commission would have enacted the valid provisions without the void one;
or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable
of being executed in accordance with the statutory provisions.
PART C STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE
I. Adopted February 19, 1999
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, Section 24-4-103(4), C.R.S. and the Colorado Air Pollution
Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.
Basis
The purpose of this rule revision is to implement Section 25-7-138, C.R.S., which was approved by the
electorate on November 3, 1998 and requires the Air Quality Control Commission to promulgate
regulations concerning odorous gases and odor emissions from housed commercial swine feeding
operations. The rule revisions affect new and existing housed commercial swine feeding operations,
including anaerobic process wastewater vessels and impoundments, aerobic impoundments, land waste
application sites, and waste impoundments, and require these sources to use technologies to minimize
off -site odor emissions from all aspects of housed commercial swine feeding operations, and enforcement
provisions.
Authority
The authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act
("Colorado Act"), Section 25-7-138, C.R.S. Additional authority to promulgate emission control
regulations for housed commercial swine feeding operations is set out in Section 25-7-109(8), C.R.S.
The specific authority to require a construction permit, or "permit to operate", for housed commercial
swine feeding operations is set out at Section 25-7-114.2, C.R.S. Such operations are no longer exempt
from regulation pursuant to Section 25-7-109(8), C.R.S. The authority to charge a permit processing fee
of fifty dollars ($50.00) per hour is set out at Section 25-7-114.7(2)(a)(III), C.R.S.
The specific authority to promulgate regulations concerning permit applications and procedures to
terminate, modify, or revoke or reissue permits is set out at Section 25-7-114.4, C.R.S.
The specific authority to designate which permit applications warrant public comment, and which do not,
and the procedures applicable to such public comment, are set out at Section 25-7-114.5, C.R.S.
The statutory authority to provide for public comment on applications for new operations is set out at
Section 25-7-106(2), C.R.S. But the process for public comment on the application and on the Division's
preliminary analysis set out in Section 25-7-114.5(5), C.R.S., cannot reasonably be applied to existing
operations because there is insufficient time to allow for such comments prior to the issuance of permits
on July 1, 1999, as contemplated in statute. For existing operations the process of public comment
allows for comment on the permit applications and not the draft permits. Such procedure is promulgated
under the Commission's general authority to receive comments before taking agency action, and on its
authority under Section 25-7-106(2), C.R.S.
Purpose
The citizens of Colorado have approved an amendment to the Colorado Act requiring the Commission to
develop regulations to minimize odor emissions from housed commercial swine feeding operations. The
purpose of the regulations is to minimize odor emissions from affected sources to the greatest extent
practicable. The Commission finds that the regulatory revisions contained in Regulation Number 2, Part
B are necessary to minimize odor emissions from housed commercial swine feeding operations in the
State of Colorado.
The regulation requires housed commercial swine feeding operations to employ technology to minimize to
the greatest extent practicable off -site odor emissions from all aspects of their operations.
The Commission concludes that the adoption of these regulatory revisions is an appropriate step to
minimize odor emissions from housed commercial swine feeding operations.
Applicability
A party has stated that the Commission should consider a de minimis exemption for sources with no odor
impact on receptors due to distance of operations from permanent receptor (3,000 feet away). The
Commission disagrees that the text of Amendment 14 allows de minimis exemptions to the cover
requirement for anaerobic impoundments. Amendment 14 requires that anaerobic process wastewater
vessels and impoundments be covered so as to minimize the emission of odorous gases to the "greatest
extent practicable:" it does not tie this requirement to "off -site" emissions and does not provide for
exceptions if neighbors do not live within a specified distance of the operation.
To the extent that parties assert that distance from receptors should exclude or excuse them from having
to comply with technology or odor standards, the Commission has determined that Amendment 14
establishes a requirement to minimize odorous gases to the atmosphere from anaerobic process
wastewater vessels and impoundments and aerobic impoundments and a technology standard at the
property line for all aspects of the operations.
Definitions
The Commission did not define any terms that are otherwise defined in the Common Provisions. The
Commission has attempted to ensure that definitions common to the Water Quality Control Commission's
regulation (site regulation) and the Commission's regulation concerning housed commercial swine
feeding operations are consistent.
The regulation includes definitions for several terms also defined in the statute. The statutory definitions
of "aerobic", "anaerobic", "housed commercial swine feeding operation", and "housed swine feeding
operation" appear verbatim in the regulation. The Commission clarified certain statutory definitions by
defining terms used within the statutory definitions of "aerobic" and "housed commercial swine feeding
operation."
The phrase "capable of housing" is defined and clarified to refer to the combined maximum capacities of
individual housing units. The Commission intends this capacity to be based on the sum of the weights of
swine anticipated to be present in all housing units at any one time, e.g., based on the business plan for
the operation. That is, the capacity determination is based on full use of existing physical facilities,
consistent with standard industry practices aimed at providing a continuous supply of marketable hogs. If
the owner demonstrates that standard practice results in swine at a variety of weights being present at
any one time, the combined total of those various weights at the time of maximum utilization is to be
used. The Commission does not believe that the proposal to allow a determination that an operation may
be excluded from the definition, based on a commitment not to house more than a specified weight, is
consistent with the statutory language, which is based on what an operation is "capable of housing", not
on actual operations that may be at a lower level.
The definition includes default values to correlate the statutory 800,000 pounds threshold with different
size categories of swine. However, the definition also allows the owner of an operation to provide specific
information that demonstrates the appropriateness of an alternative capacity calculation for a particular
facility. The Commission intends these elements of the definition to provide predictability and ease of
application in most circumstances, while also providing flexibility to address any unique circumstances.
The regulation defines the phrase "under common or affiliated ownership or management" which is used
in the definition of "housed commercial swine feeding operation", by focusing on majority ownership or
actual or effective control of the management of those aspects of an operation related to swine production
or swine waste management. The Commission does not intend that mere similarity of practices, such as
utilizing the same university feeding recommendations or local veterinarian or the same feed
manufacturer alone evidence "effective control of the management" of operations. Moreover, limited
cooperative efforts, such as the participation in a common marketing organization or a commitment by
multiple producers to meet common product standards (e.g., for organic pork) alone, without more
extensive control of other aspects of swine production or waste management, would not constitute
"effective control of the management" of an operation, so long as no entity has the ability to require such
participation. The Commission anticipates that application of this definition will require the Division to
exercise its judgment on a case -by -case basis to determine what circumstances do or do not evidence
"effective control", e.g., based on actual decision -making authority or dominant market position. All
possible circumstances and arrangements cannot be anticipated in this regulation.
There were issues concerning the appropriate application of the housed commercial swine feeding
operation definition in one specific type of arrangement: where a contract finisher would not meet the
definition of "common or affiliated ownership or management" except that it does not own in total the
swine that it finishes; instead, it finishes swine pursuant to a contract with an agricultural cooperative or
corporation. The Commission believes that new operations that are involved in this type of arrangement
fall under the statutory "common or affiliated ownership or management". The Commission believes that
new operations that are involved in this type of arrangement fall under the statutory "common or affiliated
ownership or management" language and that, if they also meet one of the tests in the definition relating
to water quality or air quality impacts, excluding those operations would be inconsistent with the
requirements of the statute. The interdependency among the various phases of swine production --
farrowing, finishing and processing -- for these arrangements does not appear to be substantially different
from that associated with a single corporate operation.
Many of the existing operations, however, are family farms that have added housed swine facilities within
the last several years pursuant to a contract with an agricultural cooperative. The Commission
recognizes that these cooperative contract operations face a substantial financial and management
challenge to come into compliance with the requirements of Amendment 14, especially considering the
cumulative air and water quality requirements. Therefore, the Commission has provided a ten year
deferral period for the existing contract producers that meet the definition of a housed commercial swine
feeding operation. During this ten year deferral period, the Commission directs the Division to carefully
monitor the eight to ten existing operations to determine whether these operations should be regulated
under this rule due to their adverse impacts on air quality. The Division shall report back to the
Commission at the end of five years to recommend whether the deferral should be made permanent. The
deferral does not apply to operations that have been designated under local zoning or land use
regulations as commercial operations. The Commission is not providing the ten year deferral to new
operations that commenced construction on or after November 3, 1998 and that are contract producers
for agricultural cooperatives that meet the definition of housed commercial swine feeding operation. This
is done, in part, to avert the potential for large vertically integrated swine producers to reorganize in order
to rely upon contract producers to produce large numbers of swine in a relatively small area with the
attendant risks to air quality that might flow from such agreements.
The Commission has defined the phrase "integrated in any way" as referring to a potential measurable
cumulative impact on state waters or air quality in any one location. The Commission intends that this
potential is to be determined based on the location of the facilities, not on operational controls. If this
phrase were interpreted to refer solely to integration of business operations, it would be duplicative of the
phrase "common or affiliated ownership or management," which would render the other phrases in the
second half of the sentence in the statutory definition of "housed commercial swine feeding operations"
irrelevant.
The statute defined "process wastewater" and the Water Quality Control Commission revised that
definition to be "swine feeding process wastewater", since the water discharge permit regulation as a
whole applies to many other types of process wastewater. To be consistent, the Commission has
likewise used the term "swine feeding process wastewater." The Water Quality Control Commission
modified the definition to clarify the intent that it apply to wastewater resulting from the swine feeding and
wastewater management aspects of a housed commercial swine feeding operation.
In addition to the statutorily defined terms and the terms to clarify those terms, the Commission included
several additional definitions to provide clarity regarding implementation of this new regulatory program.
The Commission added definitions of "new" and "existing" housed commercial swine feeding operations
as is consistent with the statute. The definitions hinge on whether the owner or operator "commenced
construction" by March 30, 1999, the anticipated effective date of this amendment to Regulation Number
2. Typically, the date selected for existing sources in air quality regulations is either the date of the
proposal of the regulation or the effective date of the regulation. The Commission chose the effective
date of the regulation. The phrase "commence construction" is defined in the Commission's Common
Provisions. New and existing operations are to be distinguished from the definition of "new land
application sites" and "new waste impoundments" concerning the statutory setback requirements.
The Commission included a definition of "aquifer", since the term is used in the statute and the regulation.
This definition tracks the definition of this term in Colorado statutes for ground water management.
The Commission included a definition of the term "cover" to clarify the statutory requirement that all
anaerobic process wastewater vessels and impoundments, including but not limited to treatment and
storage lagoons, shall be covered so as to capture, recover, incinerate, or otherwise manage odorous
gases to minimize, to the greatest extent practicable, the emission of such gases to the atmosphere
(Sections 25-7-138(1) and (2), C.R.S.). The Commission has defined a cover to mean a device,
technology, or material that encompasses the entire surface area of the vessels or impoundments. The
cover must encompass the entire surface area so as to properly capture, recover, incinerate, or otherwise
manage odorous gases. The owner or operator must minimize odorous gases emitted from the vessels
or impoundments, in addition to minimizing off -site odor emissions from other operations and activities at
the housed commercial swine feeding operation.
The Commission has defined "land application" to clarify that land application includes the applying of
waste for purposes of treatment or storage. The definitions generally track the Water Quality Control
Commission's existing definition of land application with a few modifications. The Commission defined
"manure", "open animal feeding operation", "waste impoundment", and "watershed" to be consistent with
the Water Quality Control Commission's definitions of those terms. A party requested that the
Commission exclude "evaporation ponds" from the definition of waste impoundment. The Commission
determined that since evaporation ponds are either anaerobic or aerobic and can be considered
impoundments, the statute intended to include evaporation ponds in the requirements for anaerobic and
aerobic impoundments.
The Commission defined "permit to operate" to clarify that it is a construction permit. The phrase
"process wastewater vessel" was defined because it is used in the statute and to clarify the difference
between such vessels and waste impoundments. The Commission intends the definitions of waste
impoundment and process wastewater vessel to encompass all manure and wastewater treatment and
storage devices, technologies, or methods used by housed commercial swine feeding operations.
One of the parties to the rulemaking expressed concern that the definitions of "process wastewater
vessel" and "waste impoundments" may not capture all waste storage and treatment facilities. The
Commission intends the definitions of "process wastewater vessel" and "waste impoundment" to include
all types of storage and treatment facilities at such affected operations.
The Commission defined "utilizes air or oxygen" because it is the key component of the statutory
definition of "aerobic". There are two parts to the definition: (1) a waste treatment method that utilizes air
or oxygen at a minimum of one part per million of dissolved oxygen throughout the liquid column; or (2) a
waste treatment method that is designed to meet the oxygen demand of the waste loading. The first
requirement of one part per million dissolved oxygen is consistent with generally accepted municipal
wastewater treatment standards and is intended as a default standard where the owner or operator does
not or cannot make the necessary demonstration under part (2) of this definition. The second
requirement is based upon recommendations and research by the Water Quality Control Division. The
Commission did not tie the definition of utilizes air or oxygen with the odor concentration standards in the
regulation for several reasons. First, an aerobic condition is not directly linked to odor control, but to
scientific and technical conditions. Second, the odor concentration standards are intended to measure
off -site odor emissions and the requirements concerning anaerobic and aerobic vessels and
impoundments are not tied to off -site odor emissions, but simply require the operation to minimize the
emission of odorous gases to the atmosphere.
The determination of an aerobic lagoon includes the factors of lagoon surface area, depth of the lagoon,
distribution of influent, loading rate of the influent, and maintenance to maximize the performance of the
lagoon. The influent loading rate has to match the lagoon aeration potential (surface area and/or
supplemental aeration). In calculating the organic oxygen demand, we will assume a reoxygenation rate
of 50 pounds of biological oxygen demand (BOD) per acre per day of surface area as a guide.
Standards
Sections III.A. and III.B. of the regulation establish odor standards that must be met at or beyond the
property boundary, and at occupied dwellings, schools, places of business, and municipal boundaries.
The dilution standard of 7:1 established in Section III.A. applies at and beyond the operation boundary,
and may be monitored by the owner or operator within the property boundaries of the operation. The
dilution standard of 2:1 established in III.B. applies at any receptor. In implementing III.B., the Division
should not enter private property for the purpose of applying the dilution standard of 2:1 without
permission from someone with actual or apparent control over such property. The Commission has
determined that a "place of business" means the fixed location for the business and the immediate area
around the fixed location. The Commission understands that odor easements have been and may be
obtained by operations. The property boundary of any operation shall include the legal property boundary
of the parcels owned by the housed commercial swine feeding operation and any easements on adjacent
properties that have been granted to the operation.
The Commission has required the dilution standard of 7:1 at the property boundary based on the
experience of the Division's inspectors as well as testimony of some of the affected operations that this
standard is reasonably attainable. The Commission believes that a property boundary standard of 2:1 is
probably not a practicable standard for minimizing odors at the property boundary. But, that standard
should apply to the nearest receptor because of the statutory requirement of minimizing off -site odor
emissions to the greatest extent practicable. Some parties expressed concern that these standards are
inappropriate because the standards are more stringent than the standard for urban areas (residential
and industrial). In general, such operations are located in rural areas. The Commission interprets
Amendment 14 to require a rigorous regulatory scheme for the control of odors from housed commercial
swine feeding operations and to substantially eliminate the nuisance nature of these odors (see Section
1. Amendment 14). Thus, a protective receptor standard is deemed appropriate.
The Commission determined that the standards of 15:1 and 127:1 at the property boundary are not
sufficient to meet the statutory standard. Amendment 14 specifically states that housed commercial
swine feeding operations must minimize odor emissions to the greatest extent practicable which the
Commission interprets as a more stringent requirement than the existing statutory authority for Regulation
Number 2's odor standards for other sources. Amendment 14 does not provide the Commission with the
authority to impose comparable odor standards for any other agricultural sources in Colorado other than
housed commercial swine feeding operations.
The standards must be applied in conjunction with the requirement to employ technology to minimize to
the greatest extent practicable off -site odor emissions from all aspects of the operations of a housed
commercial swine feeding operation. The Division may determine that an operation is not employing the
appropriate technology even if the operation can demonstrate compliance with the odor concentration
standards and will then incorporate such technology in the permit or odor management plan.
The Commission understands that measuring odor concentration is only one of the various aspects of
detecting odor. But the Commission selected odor concentration standards because the Division has
experience with implementing and enforcing this standard and this form of odor measurement is generally
accepted in the field of odor measurement.
The Commission elected not to rely upon a complaint -based program, because the statute does not
appear to so limit the Commission or the Division in implementing and enforcing the statute. In addition,
each individual is entitled to the protection of the standards and enforcement should not depend on the
number or verification of complaints. The Commission determined that the statute requires, at a
minimum, the property boundary as the appropriate place to apply the standard.
Several parties argued for a safe harbor provision in the regulation, which would preclude an enforcement
action for operating in excess of the odor concentration standards in the event that an operation
successfully asserted that it was employing all technologies to minimize to the greatest extent practicable
odor emissions. The Commission has determined that this is not a likely scenario. Like all other sources
subject to air quality regulation, standards independent of technology requirements are established and
sources must determine for themselves how to comply. This is the reason that the Commission has
chosen to adopt a flexible approach to the specific odor control requirements. At time such compliance
may require modification of the operations. In the unlikely event that the suggested scenario occurs in
the future, the Commission can entertain an appropriate revision to the regulation.
C.A.R.E., a party to the hearing, refers the Commission to a process established in Northeast Metro
Denver for the voluntary control of odors; indeed, in Northeast Metro Denver the Division and several
industries have entered into a memorandum of understanding that allows the Division to forego its
enforcement authority if, upon receiving one or more odor complaints, the offending industry agrees to
and does implement a prompt odor abatement project that must include, among other things, a citizen
input component. The Division has stated that it is a process that has worked well and could be
considered in the future for housed commercial swine feeding operations outside of the regulatory
scheme and in the Division's enforcement discretion.
Process Wastewater Vessels and Impoundments
The statute requires affected operations to cover existing, new, and expanded anaerobic process
wastewater vessels and impoundments so as to capture, recover, incinerate, or otherwise manage
odorous gases to minimize, to the greatest extent practicable, the emission of such gases to the
atmosphere. The cover must encompass the entire surface area of the vessel or impoundment and there
must be no uncontrolled vents.
The Commission has included several approved covers that operations may employ. Covers were
deemed approved if the technology was generally accepted by other states and in university studies to
effectively minimize the emission of odorous gases. Alternative covers may be employed if the owner or
operator can demonstrate that the alternative is of comparable effectiveness to the approved covers.
Such a demonstration can include studies or research from universities or other states concerning the
effectiveness of the device or technology. Alternative covers can include synthetic covers of variable
densities and thicknesses and aerobic covers less than three feet in depth if the owner or operator can
make the necessary demonstrations.
Experimental covers may be employed by operations and the operation must demonstrate that the
experimental cover is as effective in minimizing the emission of odorous gases as approved covers within
one hundred and eighty (180) days of the issuance of the permit to operate. This provides operations a
period of time to install experimental covers and test the covers for effectiveness. Certain parties
requested that the Commission consider defining an aerobic cover such that it meets the off -site odor
emission standard. Again, the requirement to cover anaerobic process wastewater vessels and
impoundments is not linked to off -site odor emissions, but to minimizing the emission of odorous gases to
the atmosphere. The Commission believes that biocovers are of limited effectiveness and has required
that biocovers must cover the entire surface area of the vessel or impoundment.
Several parties have stated that the cover requirement should be applicable only if there are odors from
the process in violation of the odor concentration standards, because the covers are expensive and
unnecessary if the process generates no odors. Parties believe that the Commission should allow
technologies or systems that effectively manage odor to be used if they already meet odor concentration
standard. The Commission interprets the statute to require a cover if an anaerobic process wastewater
vessel or impoundment is utilized and the requirement does not appear to be connected to any particular
standard, other than the requirement to minimize to the greatest extent practicable the emission of
odorous gases. Anaerobic treatment systems are commonly used today and the Division believes that
the statute specifically covers both storage and treatment impoundments in the plain language of the
cover requirement. In addition, the requirement to cover anaerobic process wastewater vessels and
impoundments is not tied to the requirement to minimize off -site odor emissions. Instead, operators are
required to minimize to the greatest extent practicable the emission of odorous gases to the atmosphere.
Other parties requested that the Commission not prescribe technologies to meet the cover requirement,
but be as flexible as possible in allowing alternative technologies to minimize odor emissions and meet
the odor standards. The Commission believes that in allowing for alternative and experimental covers it
is providing the necessary flexibility for odor control in a manner that is consistent with the statute.
Aerobic impoundments must be operated to ensure maintenance of aerobic conditions or to otherwise
minimize the emission of odorous gases to the atmosphere. The Commission has defined "aerobic" to be
consistent with the statutory definition and defined "utilizes air or oxygen" as maintaining 1 ppm of
dissolved oxygen throughout the column (an accepted standard for municipal wastewater impoundments)
or a waste treatment method that is designed to meet the oxygen demand of the waste loading (as
recommended by the Water Quality Control Division).
Air Quality Setback Measurements and Waivers
The Commission included the statutory requirements concerning one mile air quality setbacks for new
land waste application sites and new waste impoundments. The statute defines "new" for this section to
mean in use as of June 1, 1998. The statute contemplates allowance for waivers of these setback
requirements and the Commission has included procedures and requirements for obtaining waivers in the
regulation. Waivers must be recorded with the county clerk of the county where the affected property is
located.
Parties have argued that the Commission should consider any new land application sites that are
acquired as a means to comply with this regulation as existing land application sites. Whether a land
application site or waste impoundment is considered "new" is driven by statutory dates. Consequently,
whether a housed commercial swine feeding operation is new or existing under this regulation is
irrelevant to consideration of the air quality setback requirement for land application sites and waste
impoundments.
Permit to Operate
The Commission has determined that to effectively enforce the provisions of Section 25-7-138, C.R.S.
and Part B of Regulation Number 2, a permit to operate is required. A permit to operate is a construction
permit. The Commission has statutory authority to require construction permits for such sources pursuant
to Section 25-7-114.2, C.R.S.
The statute requires existing sources to be in compliance with the Commission's regulation and with the
statutory technology requirements by July 1, 1999. In order to comply with this ambitious deadline, the
Commission established a permitting structure that requires submission of initial permit applications by
existing facilities by April 15, 1999, and contemplates issuance of the permits for existing sources by July
1, 1999. Although the April 15, 1999 deadline is a little more than two weeks after the legal effective date
of these new regulatory provisions, the Commission understands that the application forms for existing
facilities will be available shortly after the Commission takes final action in this rulemaking.
Affected operations must submit an odor management plan along with the permit application on April 15,
1999 pursuant to the Commission's authority in Section 25-7-138(3), C.R.S. The odor management plan
is an enforceable part of the permit to operate and shall include technologies and work practices not
required as conditions in the permit.
The Commission has included in the regulation an opportunity for public review and comment for the
permit applications and odor management plans. For existing operations, the public review and comment
period occurs from April 15, 1999 to May 15, 1999. Existing operations are required to submit a copy of
the application and odor management plan to the Division, the county clerk's office and local or regional
health department for the county(ies) in which the operation is located in by April 15, 1999. Parties to the
hearing have requested that the Commission allow for public hearings. Given the tight time frame to
consider and issue these permits and given the significant resource demands of preparing for and
conducting such hearings, the Commission has determined that a public hearing opportunity on each
permit cannot be accommodated.
The Commission has determined that the annual fee of $0.20 per swine to offset the costs of
administering the housed commercial swine feeding operation program for the Water Quality Control
Division included in the amendment to Section 25-8-501.1, C.R.S. was not intended to offset the costs of
the Division's costs of administering the program. Operations are required to pay a permit processing fee
of $50.00 per hour of a permit engineer's time to process the permit and a $100.00 application fee. The
additional costs of administering the program must be funded separately.
The regulation also includes requirements concerning modification of permits to operate if the operation is
modified pursuant to the Commission's authority in Section 25-7-114.2, C.R.S., including increasing the
number of animals at the operation. An operation shall be permitted to operate with a maximum number
of animals. If the operation wishes to increase the maximum number of animals, it must request a permit
modification. The sources of odor at a housed commercial swine feeding operation are directly linked to
the number of animals at the operation. As the number of animals increase, the amount of animal waste
increases inside the confinement structure, being loaded into storage and treatment vessels and
impoundments, and being disposed of through land application, composting, etc. Therefore, the permit
conditions and odor management plan may need to be revised if the number of animals at an operation
increases. In addition, if the type of feed for the animals changes then a permit modification is necessary.
Experts in the industry agree that the type of feed provided the animals can increase or decrease the
amount of waste generated at an operation and, therefore, modify the waste management needs of an
affected operation.
An operation that operates an incinerator or combustor must obtain a separate construction permit for
those sources and is subject to any other applicable Commission regulations.
Several parties to the hearing recommended that the Commission require that affected operations submit
Air Pollutant Emission Notices and pay the necessary air pollutant emission fees. The Commission
considered requiring APENs for odor emissions from these operations. The only reportable emission
related to odor is hydrogen sulfide, which is a criteria pollutant. Hydrogen sulfide is emitted primarily from
the anaerobic processes. In order to determine the amount of hydrogen sulfide being emitted, the
operation would have to use a Jerome meter, which is very costly. According to other states, the typical
hydrogen sulfide emissions from these sources amount to about 2 to 8 tons per year. The Commission
has elected not to require APENs or the related fees at this time, but may consider this issue if this
regulation is revised in the future.
Specific Odor Control Requirements
There are several primary sources of odor at a housed commercial swine feeding operation: confinement
structures, manure storage and treatment, waste disposal including land application, and carcass
disposal. The Commission intends the specific odor control requirements in Section IX., Part B, of
Regulation Number 2 to be included in the odor management plan.
The Commission has divided the specific odor control requirements into mandatory and recommended
requirements. The mandatory requirements are limited to those work practices and technologies that
appear to be effective and commonly utilized to minimize odor emissions throughout the industry. Rather
than requiring numerous prescriptive technologies and potentially limit the use of new and innovative
technologies, the Commission has allowed flexibility for sources. If an operation cannot demonstrate or
maintain compliance with the mandatory and source -selected work practices and technologies or the
Division believes that an operation will require additional work practices or technologies during the permit
processing period, then the operation may be required to employ additional work practices and
technologies including those in the recommended technologies.
Odor management plans must include the applicable mandatory requirements as well as any additional
work practices or technologies necessary so that the operation employs technology to minimize to the
greatest extent practicable off -site odor emissions from all aspects of its operations, including but not
limited to odor from the operation's swine confinement structures, manure and composting storage sites,
animal carcass disposal, and odor and aerosol drift from land application equipment and sites.
Parties to the hearing raised several issues concerning mandatory land application requirements,
including issues concerning restrictions on when and how the waste is land applied. Land application of
process wastewater raises a substantial possibility of significant odor emissions when the application is to
frozen, saturated or snow-covered ground or the waste is allowed to pond on the surface. Increased
volatilization and evaporation cause greater emissions under these conditions. In addition, untreated
process wastewater often results in increased odors compared to pretreated process wastewater.
Accordingly, the regulation prohibits land application when the ground is saturated or snow covered or
ponding has occurred and requires pretreatment of process wastewater unless the land application is
accomplished through injection of the wastewater. Land application of solids and sludges requires the
material be pretreated and injected or incorporated into the soil within six hours of application.
The National Pork Producers Council recommends that land application not occur on weekends or
holidays to minimize the nuisance impact of odors to neighbors when they are most likely to be home
and/or in and around their home. The Commission adopted this practice as a mandatory requirement.
Also, land application of process wastewater should only occur when wind conditions are such that off -
site transport of the odorous wastewater is minimized. Low pressure sprays are required, unless a waiver
is granted, to minimize the off -site transfer of fine mist spray. A waiver for land application on holidays or
weekends is allowed if an emergency occurs (i.e., overflow of impoundments).
Another party requested that the Commission require low trajectory systems "utilizing drop nozzles" to
prevent evaporation and the low trajectory systems should be two to three feet above ground. On the
other side, a party requested that the Commission not specify the pressure if the owner or operator can
demonstrate compliance with the standard using a different pressure. The Commission intends "system
operating pressure" to include the nozzle discharge and the requirement to reduce the fine spray during
land application. The Commission does not want to mandate "drop nozzles" when the technology may
change and some other technology may be as or more effective. The Commission did not clarify the
height of the trajectory system in the regulation, but it will be discussed in the Division's guidance
document and particular height will be included in the permit to operate for affected operations. The
Commission allows for a waiver from the requirement for a specific pressure of twenty (20) psi if the
operation can demonstrate compliance using a different system pressure.
Housed commercial swine feeding operations often contract with neighboring farmers for land applying
the process wastewater and manure for fertilizing crops. The regulation contemplates such an
agreement. The owner or operator of the housed commercial swine feeding operation is responsible for
assuring that the requirements of this regulation are met on those lands owned by a third party. This
includes, but is not limited to, the setback requirements and the land application requirements.
The Division may require specific technologies and work practices in addition to the mandatory
technologies and work practices be included in a permit to operate to minimize off -site odor emissions to
the greatest extent practicable for both new and existing operations. Such recommended requirements
could include, but not be limited to, add-on control equipment for swine confinement structures,
composting storage sites, and carcass disposal vessels. These additional recommended requirements
may be added as permit conditions if there is evidence of exceedences of the odor standard.
Testing, Recordkeeping, Monitoring, and Reporting Requirements
The regulation includes testing, recordkeeping, monitoring, and reporting requirements to aid in
determining whether an operation is in compliance with the odor concentration standards, has employed
the necessary technology and work practices, and is properly maintaining the necessary technology. An
operation must conduct initial testing and semi-annual testing. An operation must modify its permit to
operate and/or odor management plan as necessary if it cannot demonstrate compliance with the odor
concentration standards.
Environmental Leadership Program
The regulation includes the first regulatory provisions implementing the Environmental Leadership
Program. This program is intended to apply only to housed commercial swine feeding operations and not
other third parties associated with such operations, for example, manufacturers, suppliers, and
consultants. The Commission intends for the Environmental Leadership Program of the Colorado
Department of Public Health and Environment to implement this program with input from the Division.
Any operation approved as a leader, must still comply with the substantive requirements of Regulation
Number 2, including the cover requirement for anaerobic process wastewater vessels and impoundments
if applicable.
Coordination with Water Quality Control Division
Amendment 14 establishes both water quality and air quality protection requirements. In developing the
air quality program for housed commercial swine feeding operations, the Commission attempted to
coordinate these requirements to the maximum degree possible with the new requirements being
developed by the Water Quality Control Commission. Such coordination will best serve the interests of
the regulated community, the general public, and the implementing agencies. In particular, the
Commission adopted definitions that are also proposed as part of the new water quality regulations for
housed commercial swine feeding operations and established application deadlines consistent with those
proposed for water quality, to maximize the coordination of permit application review and permit issuance.
In addition, the Division and the Water Quality Control Division will be issuing multi -media permits to
these sources. The two parts to the permits are issued under separate statutory authority and there is no
requirement that the air quality permit be renewed every five years as is required for the water quality
permit.
Economic Issues
Concern was expressed by parties to the hearing regarding the costs of complying with the new
requirements established for housed commercial swine feeding operations. A wide range of potential
cost estimates was provided. The Commission attempted to adopt regulatory requirements that are as
economically reasonable as possible, consistent with the specific requirements of Amendment 14. Where
the statute provided room for flexibility, the Commission included flexibility with respect to implementation
of specific aspects of the program, to the degree that it believes is consistent with meeting the intent
expressed in the legislative declaration of Amendment 14, and keeping in mind the need to establish a
program that will be feasible for the Division to implement with the available resources. The Commission
does not believe that the proposal from some parties to include a general waiver provision that would
apply to all aspects of the housed commercial swine feeding operations program is appropriate, in view of
the explicit intent and requirements of the statute.
Parties were divided over whether or not costs should be considered in determining what technologies
should be required to meet the requirement to minimize to the greatest extent practicable odor emissions.
The Commission chose to consider the comparative costs of technologies for the cover requirement and
other various odor sources. Each technology meets the standard of minimizing emissions to the greatest
extent practicable. Having adopted the technology requirements as meeting the operative standard, it is
not the Commission's intent to excuse any operation from the requirement to employ such technology
based on the economic burden or cost to the operation.
Enforcement Issues
The Commission has not included a requested "notice of intent to sue" provision in the regulation, with
respect to the provision in Amendment 14 allowing civil actions for enforcement to be brought by any
person who may be adversely affected by a housed commercial swine feeding operation. This statutory
provision is self -implementing. As an administrative agency, the Commission is without authority to
impose procedures related to the filing or conduct of district court actions.
The Commission notes that there is an understanding between the Division and local health agencies to
coordinate the implementation and enforcement of the housed commercial swine feeding operation
program to the greatest extent feasible in view of resources available to both state and local
governments. The Commission does not believe it is necessary or appropriate to attempt to specify the
details of this relationship in the regulation. But the Commission believes that such a cooperative effort
will strengthen the efficiency and effectiveness of this program. In particular, the Commission
encourages the Division to seek local health agency assistance in implementation efforts in the field, such
as conducting inspections for purposes of compliance assurance or in response to site -specific
complaints.
Federal Requirements
The rule revisions required by Section 25-7-138, C.R.S., are state -only regulations, are not required by
the provisions of the federal act, and are otherwise more stringent than the requirements of the federal
act. Such rule revisions have not been adopted for inclusion in the State Implementation Plan.
Determinations Required by Section 25-7-110.8, C.R.S.
Pursuant to Section 25-7-110.8, C.R.S., the Commission hereby determines that:
The regulations for housed commercial swine feeding operations are based on reasonably available,
validated, reviewed, and sound scientific methodologies. all validated, reviewed, and sound scientific
methodologies and information made available by interested parties have been considered.
Based on Evidence in the record, the Commission finds that the rule shall result in a demonstrable
reduction in odor emissions from housed commercial swine feeding operations.
The Commission chose the regulatory alternative that complied with the requirements of Section 25-7-
138, C.R.S., in the most cost-effective manner and in a manner that provides the regulated community
flexibility.
The regulatory alternative selected by the Commission will maximize the air quality benefits pursuant to
Section 25-7-138 in the most cost-effective manner.
COLORADO AIR QUALITY CONTROL COMMISSION
ADOPTED: February 19, 1999
II. Adopted December 14, 2006
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, Section 24-4-103(4), C.R.S. and the Colorado Air Pollution
Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.
Basis
Regulation Number 2, Part B contains odor standards, technology requirements for process wastewater
vessels and impoundments, setback requirements for new land waste application sites or impoundments,
and requirements for permitting, odor management plans, testing, recordkeeping, reporting and
monitoring for housed commercial swine feeding operations. The purpose of this rule revision is to
implement into the existing requirements of Regulation Number 2, Part B statutory revisions to Section
25-7-138, C.R.S., approved by the General Assembly through Senate Bill (SB) 06-114, Concerning the
Expansion of Anaerobic Controls to Allow Additional Technologies to be used in the Operation of Housed
Commercial Swine Feeding Operations, and Making an Appropriation in Connection Therewith, signed by
the Governor on May 25, 2006 and summarized below. SB 06-114:
1. Allows anaerobic process wastewater vessels and impoundments used in connection with a
housed commercial swine feeding operation to be operated with technologies or practices that are as
effective as covers at minimizing odor from the operation, to capture, recover, incinerate, or otherwise
manage odorous gases to minimize, to the greatest extent practicable, the emission of such gases into
the atmosphere.
2. Requires a housed commercial swine feeding operation to submit to the Division information
sufficient to demonstrate that the technologies or practices used are as effective as covers at minimizing
odor from the operation.
3. Requires a housed commercial swine feeding operation to manage odor emissions such that
odor emissions from the operation:
Cannot be detected at or beyond the property boundary after the odorous air has been diluted with seven
volumes of odor -free air; and
Cannot be detected at any off -site receptor (defined as any occupied dwelling used as a primary dwelling
or its curtilage, a public or private school, or a place of business) after the odorous air has been diluted
with two volumes of odor -free air.
4. Allows the Division to delegate enforcement of Regulation Number 2, Part B to any county or
regional department of health.
5. Establishes a fee to offset the direct and indirect costs of enforcement, compliance, and
regulation of odor emissions for the Division.
6. Creates the housed commercial swine feeding operation fund for the deposit of such fees and for
the support of enforcement activities.
7. Appropriates $52,312 and 0.5 FTE to the Department of Public Health and Environment, and
$4,834 to the Department of Law for the fiscal year July 2006 — June 2007, for the implementation of the
act.
Specific Statutory Authority
The authority for this regulation is contained in the Colorado Air Pollution Prevention and Control Act
("Colorado Act"), Section 25-7-138, C.R.S. Additional authority to promulgate emission control
regulations for housed commercial swine feeding operations is set out in Section 25-7-109(8), C.R.S.
The above fee does not modify the Division's authority to assess permit processing fees, pursuant to
Section 25-7-114.7(2)(a)(III), C.R.S.
Purpose
The General Assembly modified Section 25-7-138, C.R.S., to: allow all existing, new or expanded
anaerobic process wastewater vessels and impoundments used in connection with a housed commercial
swine feeding operation to be operated with technologies or practices that are as effective as covers at
minimizing odor from the operation, to capture, recover, incinerate, or otherwise manage odorous gases
to minimize, to the greatest extent practicable, the emission of such gases into the atmosphere; require a
housed commercial swine feeding operation to submit to the Division information sufficient to
demonstrate that the technologies or practices used are as effective as covers at minimizing odor from
the operation; require a housed commercial swine feeding operation to manage odor emissions such that
odor emissions from the operation cannot be detected at or beyond the property boundary after the
odorous air has been diluted with seven volumes of odor -free air and at any off -site receptor (defined as
any occupied dwelling used as a primary dwelling or its curtilage, a public or private school, or a place of
business) after the odorous air has been diluted with two volumes of odor -free air; allow the Division to
delegate enforcement of the requirements of Regulation Number 2, Part B to any county or regional
department of health; allow the Division to assess an annual fee, not to exceed seven cents per animal
based on the working capacity of each housed commercial swine feeding operation to offset the costs of
enforcement, compliance and regulation of Regulation Number 2, Part B; and, establish a fund for the
purposes of enforcement, compliance and regulation, including reimbursement to local and regional
health departments for assistance in of enforcement activities.
The Commission finds that the regulatory revisions contained in Regulation Number 2, Part B are
necessary to minimize odor emissions from housed commercial swine feeding operations in the State of
Colorado. The Commission concludes that the adoption of these regulatory revisions is an appropriate
step to minimize odor emissions from housed commercial swine feeding operations.
Summary of Provisions
Applicability
The Commission concludes that applicability of this regulation has not been modified pursuant to SB 06-
114.
Definitions
The Commission added three new definitions to Regulation Number 2, Part B., Section II. - Division;
receptor and working capacity. The Commission clarified the definition of "Division" to specifically
designate the Division as the Division of Administration of the Colorado Department of Public Health and
Environment as it pertains to implementation of Regulation Number 2, Part B and not as defined in the
Commission's Common Provisions Regulation. The term "receptor" was deleted from Section 111.6.1.,
and added verbatim in the definition section of the regulation because the term was deemed more
appropriate in the definition section of the regulation. To help clarify how annual fees are determined by
the Division, the Commission incorporated the definition of "working capacity" from SB 06-114(5).
Odor Standards
The Commission has determined that SB 06-114 establishes a requirement to minimize odorous gases to
the atmosphere from anaerobic process wastewater vessels and impoundments such that odor emissions
from the operation cannot be detected at or beyond the property boundary after the odorous air has been
diluted with seven volumes of odor -free air and at any off -site receptor after the odorous air has been
diluted with two volumes of odor -free air. The Commission has determined that this requirement is met
by the existing regulatory requirement in Sections III.A. and III.B of Regulation Number 2, Part B.
The Commission established the dilution standard of 7:1 at the property boundary based on the
experience of the Air Pollution Control Division's inspectors as well as testimony of some of the affected
operations that this standard is reasonably attainable during the original rulemaking process held in 1999.
At that time, the Commission held that a property boundary standard of 2:1 is not a practicable standard
for minimizing odors at the property boundary, but does maintain a higher standard for minimizing off -site
odor emissions to the greatest extent practicable and should therefore apply to off -site receptors. SB 06-
114 defines a receptor as any occupied dwelling used as a primary dwelling or its curtilage, a public or
private school, or a place of business. As originally determined during the 1999 rulemaking, the
Commission still contends that a "place of business" means the fixed location for the business and the
immediate area around the fixed location.
Process Wastewater Vessels and Impoundments
The Commission incorporated the requirement that all new, expanded, or existing anaerobic process
wastewater vessels and impoundments constructed or under construction for use in connection with a
housed commercial swine feeding operation shall be covered or operated with technologies or practices
that are as effective as covers at minimizing odor from the operation. As required by SB 06-114, housed
commercial swine feeding operations must submit to the Division information sufficient to demonstrate
that the technologies or practices used are as effective as covers at minimizing the odor from the
operation. The Commission determined that this information, at a minimum, should include science -
based technical information on how odor will be reduced to the greatest extent practicable using
olfactometry, scentometry and/or some other method(s) of verification as approved by the Division.
Permit to Operate & Modification or Reopening of a Permit to Operate
The Commission has determined this section of the regulation was not modified pursuant to SB 06-114.
Operations are still required to pay a permit -processing fee pursuant to Section 25-7-114.7, C.R.S.
The Commission did, however, revise Sections VI.A.3.c. and VIII.A.4., by removing the outdated fee of
$50.00 per hour for permit processing and odor management plan revisions and referencing the amounts
and limitations specified in statute (25-7-114.7, C.R.S.). This revision will keep permit -related fees
aligned with statutory changes over time and eliminate the occurrence of these sections becoming
outdated and in need of a regulatory revision(s).
Specific Odor Control Requirements
The Commission has determined this section of the regulation was not modified pursuant to SB 06-114,
except as described above regarding technologies or practices that must be included in any odor
management plan.
Testing, Recordkeeping, Monitoring, and Reporting Requirements
The Commission has determined this section of the regulation was not modified pursuant to SB 06-114.
Enforcement
The Commission added a new section on enforcement to the regulation pursuant to SB 06-114. The
Commission notes that there is an understanding between the Division and local health agencies to
coordinate the enforcement of the housed commercial swine feeding operation program to the greatest
extent feasible in view of resources available to both state and local governments. The Commission does
not believe it is necessary or appropriate to attempt to specify the details of this relationship in the
regulation. But the Commission believes that such a cooperative effort will strengthen the efficiency and
effectiveness of this program. In particular, the Commission encourages the Division to seek local health
agency assistance in implementation efforts in the field, such as conducting inspections for purposes of
compliance assurance or in response to site -specific complaints.
Annual Fee
The Commission added this as a new section to the regulation. In accordance with SB 06-114, the
Division has the authority to assess and collect an annual fee not to exceed seven cents per animal
based on the working capacity of the operation as set forth in Section 25-7-138 (5), C.R.S. The
Commission included this authority in the regulation by establishing an annual fee based on the working
capacity of each housed commercial swine feeding operation covered by a separate permit. The
Commission defined working capacity to mean the number of weaned swine that the housed commercial
swine feeding operation is capable of housing at one time. The fee will be used to offset the costs of
administering Regulation Number 2, Part B, including activities related to enforcement, inspections and
complaint response. The Commission believes that imposing the fee based on weaned swine is
consistent with the intent of the Colorado General Assembly during consideration and passage of SB 06-
114, and comports with the standard agricultural industry practice of accounting for swine for regulatory
purposes.
In addition, a fee based on weaned swine allows the Division to be consistent with the way fees are
collected for water quality protection under the Water Quality Control Commission's Regulation Number
61, Discharge Permit System Regulations (i.e., sow and unweaned piglets are counted as one animal).
The Commission recognizes in Section XII.C. of Regulation Number 2, Part B., that inspections and
complaint response to operations subject to the regulatory requirements of Part B of this regulation must
be developed in coordination with the Division and applicable local health departments or other agents of
the state as appropriate. Such cooperative agreements will ensure that proper resources and staffing will
be available to enforce the requirements of Regulation Number 2, Part B.
Environmental Leadership Program
This section was renumbered from Section XI. to Section XIII. due to the addition of the enforcement and
annual fee sections to the regulation.
Economic Issues
The Commission attempted to adopt regulatory requirements that are as economically reasonable as
possible, consistent with the specific requirements of SB 06-114.
Federal Requirements
The rule revisions required by Section 25-7-138, C.R.S., are state -only regulations and are not required
by the provisions of a federal act, and are, therefore, more stringent than federal requirements. Such rule
revisions have not been adopted for inclusion in the Colorado State Implementation Plan.
Determinations Required by Section 25-7-110.8, C.R.S.
Pursuant to Section 25-7-110.8, C.R.S., the Commission hereby determines that the regulations for
housed commercial swine feeding operations are based on reasonably available, validated, reviewed,
and sound scientific methodologies. Based on evidence in the record, the Commission finds that the rule
shall result in a demonstrable reduction in odor emissions from housed commercial swine feeding
operations.
Further, these revisions will include any typographical and grammatical errors throughout the regulation.
COLORADO AIR QUALITY CONTROL COMMISSION
ADOPTED: December 14, 2006
III. Adopted June 19, 2008
Adoption of changes that address the Commission's 2006 orders associated with the adjudicatory hearing
on Kasel Associates Industries, Inc. and that further clarify and revise Regulation Number 2, Part A.
Background
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the
Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution Prevention and
Control Act, Section 25-7-110.5, C.R.S.
Basis
On April 6, 2006, and later revised on and April 20, 2006, the Hearing Officer associated with the 2006
Kasel Associates' adjudicatory hearing, issued an order interpreting Regulation Number 2 to provide that
the Division has the burden of proof in determining whether a source used "best practical treatment,
maintenance, and control currently available... to maintain the lowest possible emission of odorous
gases...". The Commission herein intended to clarify and revise Regulation Number 2, Part A to address
this and other issues.
Authority
Sections 25-7-105(1)(b) and 25-7-109, C.R.S. authorize the Commission to adopt emission control
regulations, including emission control regulations relating to new stationary sources.
Purpose
The Metro Wastewater Reclamation District requested confirmation that domestic wastewater treatment
facilities are subject to the provisions of Regulation Number 2, Part A. The term "manufacturing process"
is used but not defined in Regulation Number 2, Part A. The term is, however, defined in Section I.G. of
the Commission's Common Provisions. The Commission expressly confirms that wastewater treatment
plants are subject to the terms, conditions and defenses of Regulation Number 2, Part A. The
Commission finds that such facilities are, among things, an "operation or treatment involving chemical,
industrial, or manufacturing factors," and a "method or form of manufacturing or processing that emits, or
affects the emission of air pollutants," as contemplated by the Common Provisions and this Regulation
Number 2, Part A.
The Commission approved updates, revisions and clarifications to Regulation Number 2, Part A,
intending to amend Paragraph 1.C.1 to make clear that the emission source has the burden of
demonstrating that it is utilizing the best practicable control method. Many different agricultural,
commercial and industrial sources operate throughout Colorado. These sources generate a wide variety
site -specific types of odors. A source of odorous emissions is in the best position to ascertain and
demonstrate what it believes is the best practicable control method for that source. A source can meet
this burden by conducting an inquiry into applicable odor control options and documenting their basis for
selecting and utilizing what the source has determined to be the best practicable treatment, maintenance
and control currently available for its particular needs, taking into account both economic and non-
economic factors. The Division may seek to rebut any such demonstration.
The Commission intends to clarify odor regulation exemptions to address pre-existing exemptions (see
Sections 25-7-109(2)(d) and (8)(a) C.R.S.) and co -locate them for clarification.
The Commission intends to make specific technical corrections to update the rule language, including 1)
removing the reference to an outdated and unnecessary document entitled "Colorado /Department of
Health Pasteurized Fluid Milk and Milk Products Regulation" adopted April 18, 1967, 2) replacing the term
"intensity" with "detectability," to align language with current odor vocabulary, and 3) removing specific
names of Division -approved odor measurement devices and instead defaulting to currently Division -
approved devices as allowed for in Regulation Number 2, Part A, Section IV.
Finally, the Commission intends to make General corrections — revisions to correct typographical,
grammatical and/or formatting errors.
Regulation Number 2, Part A is a state -only rule and there are no corresponding federal odor
requirements. In addition, the direct intent of these amendments is not to reduce air pollution.
Accordingly, the applicability of §§ 25-7-110.5(5) and 25-7-110.8, C.R.S. to this rulemaking is not clear.
Nonetheless, the Commission provides the following additional statement, consistent with these statutory
sections:
(I)
No federal requirements are applicable.
(II) The rule is based upon reasonably available, validated, reviewed, and sound scientific
methodologies, and the Commission has considered all information submitted by interested parties.
(III) Evidence in the record supports the finding that the rule shall result in a demonstrable reduction
of any air pollution to be addressed by the rule.
(IV) Evidence in this record supports the finding that the rule shall bring about reductions in risks to
human health and the environment or provide other benefits that justify the costs to implement and
comply with the rule.
(V) The rule is the most cost effective, provides the regulated community flexibility, and achieves any
necessary reduction in air pollution.
(VI) The selected regulatory alternative will maximize the air quality benefits of regulation in the most
cost-effective manner.
COLORADO AIR QUALITY CONTROL COMMISSION
ADOPTED: June 19, 2008
IV. Adopted: May 16, 2013
Background
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the
Colorado Administrative Procedures Act, Section 24-4-103(4), C.R.S. and the Colorado Air Pollution
Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.
Basis
Regulation Number 2, Part B contains odor standards, technological requirements for process
wastewater impoundments and vessels and other permitting and monitoring requirements for housed
commercial swine feeding operations. The purpose of this rule revision is to update and remove portions
of the rule that are no longer applicable, are deemed obsolete, and to remove compliance dates that have
already past. In addition, grammatical and formatting errors are being corrected, and a reporting burden
reduced by revising a reporting requirement from two times per year to one time per year.
Specific Statutory Authority
The authority for this regulation is contained in the Colorado Air Pollution Prevention and Control at
("State Act"), Section 25-7-138. C.R.S. Additional authority to promulgate emission control regulations for
housed commercial swine feeding operations is set out in Section 25-7-109(8), C.R.S.
Purpose
Regulation Number 2, Part B was last revised in 2006. Due to the length of time since the rulemaking, the
Division of Environmental Health and Sustainability conducted a routine review of Regulation Number 2,
Part B and determined it would be appropriate to propose updates to the regulation to remove sections
that are no longer applicable, including compliance dates that have already past. In addition, the Division
proposes reducing the number of reporting periods from two times per year to one time in order to provide
regulatory relief.
The Colorado Air Quality Control Commission (Commission) concludes that the adoption of these
regulatory revisions is an appropriate step to remove obsolete provisions, reduce reporting burdens for
housed commercial swine feeding operations, and to clean up grammatical and typographical errors in
the regulation.
Applicability
The Commission has determined that the applicability of this regulation has not been modified by these
changes.
SUMMARY OF CHANGES
Definitions
The definition of "Division" is revised to refer to the Division of Environmental Health and Sustainability, as
it pertains to implementation of Regulation Number 2, Part B and not as defined in the Commission's
Common Provisions Regulation.
Technology Requirements for Process Wastewater Vessels and Impoundments
The Commission removed references to the "on or before July 1, 1999" date for existing operations in
IV.A.2., and IV.A.3., and Section IV.A.3.f., as it referred to experimental covers where comparable
effectiveness information was to be submitted to the Division by no later than January 1, 2000. These
dates are obsolete. Section IV.A.3.f. was reserved as a placeholder.
In the Section IV.B., Aerobic Impoundments for New Impoundments, the numbering was corrected to
read IV.B.1.
Permit to Operate
In Section VI.A.1.a., the Commission removed the deadline to submit a complete and accurate
application by April 15, 1999, as this date has already past. The addition of "or modify as per Section
VIII.A." was added for existing sources in Section VI.A.1.a., to provide greater clarity to what a permit
modification as specified in this section of the regulation. The reference to local or regional health
department was revised in this section to read the county or district public health agency to accurately
reflect the terminology for these entities. Content of Permit to Operate and Application for a Permit to
Operate. Clarifying language was added to the regulation describing that the owner or operator is
required to file the "complete" application, which includes the facility's approved Odor Management Plan
with the county clerk and with the county or district public health agency for the county(ies) in which the
housed commercial swine feeding operation is located. Consistent with the intent to allow the public to
have adequate time to review and provide comment, the owner or operator shall file the copy of the
approved application for a permit to operate, prior to public notice of the permit by the Division.
The Commission removed the following sections from the regulation:
Section VI.D.2.a., as the deadline of July 1, 1999 identified for existing operations to have covers and
related technologies installed or implement compliance schedules is past.
Section VI.D.8., referred to compliance schedules that were put in place when the regulation was first
adopted. This section is no longer applicable.
Hearing and Public Comment Requirements
The Commission removed Sections VI.E.1., and VI.E.3., as the language was past and no longer
applicable. The language under the new Section VI.E.1., was revised to add that the public notice will be
published on the Colorado Department of Public Health and Environment's website in addition to the
publishing of the preliminary analysis and application in a newspaper of general distribution in the area in
which the proposed operation will be located.
Specific Odor Control Requirements
The Commission added the words, "as applicable" to Section IX.A.1.b.(2), as stakeholders identified that
no bedding is used in most housed commercial swine feeding operations in Colorado.
Stakeholders requested that the word "promptly" in Section IX.A.1.b.(4), be replaced with the following
specific terminology, "as specified in the Odor Management Plan".
Reporting Requirements
Since the promulgation of this regulation in 1999, regulated entities have been required to submit reports
twice per year; the regulated entities have demonstrated high levels of compliance not only with the
reporting requirements but also with the monitoring requirements of the regulation, therefore the Program
proposed that reducing the reporting requirement to once per year will maintain the same level of
environmental protection, while reducing both an undue administrative burden for the Division and
provide some regulatory relief to the industry. The Commission has determined that submitting two
monitoring reports each year creates an undue regulatory burden on housed commercial swine feeding
operations that can be addressed, while providing the same level of environmental protection by the
submittal of one report each year. To this end, Section X.D.1.a., of Regulation Number 2, Part B was
revised to require the submittal of one annual report of required monitoring versus every six months.
Stakeholders requested the specificity of the deadline to submit the annual report "by February 15th of
each year" be added to this section.
Enforcement
Two references in Section XI., to county or regional departments of health were revised to reflect the
correct reference to these entities as a county or district public health agency.
Annual Fees
The same revision to the references in Section XII., to a county or district public health agency, as
described above, was made in the Annual Fees section.
Environmental Leadership Program
The Commission removed the information in Section XIII, the Environmental Leadership Program from
the regulation as these provisions have not been used. In addition, the Commission is aware of other
stand-alone recognition programs offered by the department that can serve the same purpose for housed
commercial swine feeding operations. The Section XIII. was reserved.
Federal Requirements
Regulation Number 2, Part B is a state -only rule.
Findings Pursuant to 25-7-110.8, C.R.S.
This rule revision is intended to reduce the regulatory and financial burden associated with the odor
regulations for housed commercial swine feeding operations. It is otherwise administrative in nature, and
is not intended to be more stringent than existing rule. Therefore, requirements of 25-7-110.8 do not apply
to these revisions because these revisions do not establish new requirements intended to reduce air
pollution.
COLORADO
Department of Public
Health & Environment
Air Pollution Control Division
Field Inspection Report DP
COUNTY NUMBER: 123
DATE OF INSPECTION: 10.25.17
COUNTY: Weld
COMPANY: Al Organics
SOURCE NUMBER: 9AEF
APCD
RECEIVED
12/28/2017
DATE REPORT SUBMITTED: 12.28.17
INSPECTOR: Elizabeth Scherer
SITE LOCATION: 12002 Weld County Road 59. Keenesburg, CO 80615
MAILING ADDRESS: 16350 WCR 76, Eaton, CO
CONTACT PERSON: Bob Yost TIME: 1:25pm
TELEPHONE NO.: 970.454.3492
PERMIT NO.: 13WE1352.XP
SOURCE CLASS: Major ❑ SM-80 ❑
INSPECTION TYPE: Full Compliance Evaluation
EMAIL: bobyost@alorganics.com
Syn Minor
Onsite Evaluation
Partial Compliance Evaluation ❑ Offsite Evaluation
Additional Inspection Records in File? Yes
HOURS: Travel & Prep: 4.25
COMPLIANCE STATUS:
Inspection: 0.75
IN COMPLIANCE ❑
❑ No
Minor
El
Report: 4.5 Total: 9.5
OUT OF COMPLIANCE ❑
INTRODUCTION
On October 25, 2017, Ms. Elizabeth Scherer, inspector with the Colorado Department of Public Health and
Environment Air Pollution Control Division ("Division") conducted an unannounced full compliance evaluation
of Al Organics's ("Al" or "Source") composting operation at the Rattler Ridge Organic Recycling Facility,
located at 12002 CR 59, Keenesburg, Weld County, Colorado ("facility"). The inspector toured the site with Mr.
Diego Chavez, site manager for Al Organics; additionally, Mr. Chris Skelton, regulatory 8z environmental health
& safety officer with Al Organics, provided the requested records.
The facility was operational at the time of the inspection.
The facility is divided into two areas, "east side" and "west side", see attached image; each area produces a
distinct types of compost, Eco-grow on the east side and Bio-comp on the west side. Eco-grow is produced from
food and yard waste, and Bio-comp from bio-solids. The process for each type is similar, consisting of three
phases.
The first phase is mixing; raw materials are mixed with wood mulch and other larger partially composted
materials. The batches are deposited in a windrow on the facility. The second phase is composting; the windrow
initially sits for 30 days and is then "turned" by an agricultural vehicle ("Windrow Turner"), see attached images.
The turning process mixes the compost, distributing heat and oxygen throughout the row to facilitate the
decomposition process. The turned row is then covered with finished compost, allowing the process to continue
on the unfinished product ("capping"). The capped row is undisturbed for 15 to 20 days and then turned and
2018 Inspection
1239AEF-INSP-2018 Page 1 of 4
CP�Hf
. Ir
capped again. The windrow is turned five times over the course of two to three months. Finally, the last phase is
screening; after the material has completed the composting process it is screened for sales or re -use. The fines are
collected and sold; the larger materials are reused in the process as addressed in the mixing phase.
Emissions from this source are permit exempt / APEN required as indicated by exemption letter 13WE1352.XP
issued to Al Organics on May 20, 2014 ("Exemption Letter 13WE1352.XP"). This determination is based on
composting guidance in PS memo 12-02 and AQCC Regulation 3, Part B, §II.D.1.h.
Based on the throughput the screening and grinding operations are determined to be APEN and permit exempt at
this time. Based on diesel consumption the Hurrikan S is APEN and permit exempt. The engine on the Backers
GmbH moves all over the site regularly, and therefore, is a non -road engine.
This inspection evaluated compliance for the period of January 2014 — September 2017.
This full compliance evaluation, based on observations made during the inspection, information provided by the
source and Division records, finds that Al Organics AIRS ID 123-9AEF is NOT in compliance with the
conditions of Exemption Letter 13WE1352.XP and Division regulations. Specifically, source exceeded 81,000
tons per year of finished composting material from 2014 to present. In addition, PS Memo 12-02 states that
sources shall track incoming material and VOCs based on that incoming material. Al Organics is not tracking
incoming material.
When a revised APEN is received, the Division will review the annual composted material and issue a revised
APEN required / permit exempt letter (including a new in coming material ton per year limit).
POINT AIRS ID/PERMIT NUMBERS
AIRS ID 123-9AEF and permit exempt letter 13WE1352 refer to VOC emissions from a composting facility.
SOURCE COMPLIANCE HISTORY
An inspection in December 2014 found the facility out of compliance for exceeding the production limit in the
permit exempt letter. Since this source is APEN required / permit exempt despite production, enforcement
discretion was advised and no further action occurred.
NSPS/NESHAP/MACT APPLICABILITY
None.
REPORTS
No compliance reports were submitted or required during the compliance period.
APENS
The most recent APEN was received January 24, 2014. The inspector reminded the facility that an APEN update,
with accurate production, is required by December 24, 2017. The APEN was date stamped by the Division on
December 27, 2017, but December 24' fell on a weekend and the APEN was likely in the office on December 22
or December 26, 2017, because it often takes up to two days for an APEN to come from the mail room.
MALFUNCTION REPORT REVIEW
No malfunctions were reported.
COMPLIANCE ASSISTANCE/SOURCE ACTIONS
2018 Inspection
1239AEF-INSP-2018
AV
Page 2 of 4
The inspector spoke with the source repeatedly about the importance of tracking incoming material. The inspector
explained that composting operations are required to track incoming material per Permitting Section memo 12-02.
The source said they will track incoming material on an estimate basis depending on the incoming waste.
PERMIT CONDITIONS AND COMPLIANCE STATUS
The next section addresses the requirements of Exemption Letter 13WE1352.XP.
The exemption from permitting is granted provided that:
1. Finished composting material shall not exceed 81,000 tons per year.
Source provided records indicating the annual finished composting material production for January 2014
through September 2017. Al Organics uses an average bulk density of compost as 1,288 pounds per cubic
yard. Using this conversion, finished compost production is demonstrated in the table below:
Year
Finished compost (tons)
Limit
81,000
2014
109,800
2015
86,700
2016
81,500
Jan -Sept 2017
66,419
Source is NOT in compliance with this requirement.
Al Organics submitted a new APEN to change the permit exempt letter condition of finished compost
because they continually exceed the outlined limit and because the Division's emissions calculations are
prescribed to be calculated on incoming material, per permitting section memo 12-02: VOC Emissions
from Composting Operations. The VOC emission factor for "input material (as wet tons), not finished
material" is 5.71 pounds of VOC per wet ton of incoming material.
Additionally, although the source is exempted from the need for a permit, source must meet all applicable AQCC
standards and regulations to include.
I. All odor requirements of Regulation Number 2 must be met.
The inspector detected odors associated with decomposing organic material while on the property at the
time of the inspection; however, the odors were not present at intensities above Regulation Number 2
standards. The odors were very faint outside the facility and undetectable at distances greater than 100'.
Source is determined to be in compliance with this requirement.
II. Visible emissions shall not exceed 20% opacity.
Visible emissions were observed at the time of the inspection on haul roads; but did not exceed the 20%
opacity standard. Source is determined to be in compliance with this requirement.
III. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No.
3, Part A, Section II.C.)
The most recent APEN on file with the Division is dated January 24, 2013. The 2013 APEN indicated actual
production of 85,334 tons of finished compost, resulting in 243.2 tons of VOCs. Source provided records
2018 Inspection
1239AEF-INSP-2018 Page 3 of 4
indicating actual finished compost production for years 2014 through 2017. PS Memo 12-02 states that
VOCs should be calculated based on incoming material. However, Al Organics does not track incoming
material, only outgoing finished compost.
The inspector estimated VOC emissions using the emission factor of 5.71 lb-VOC per wet ton of incoming
material from PS Memo 12-02, for the finished compost reported. The inspector could not estimate
emissions on incoming material, because the source does not track that.
Year
Finished
Compost (tons)
VOC Emissions
(tons)
Limit
81,000
NA
2014
109,800
313.5
2015
86,700
247.5
2016
81,500
232.7
Jan -Sept 2017
66,419
189.6
The most recent APEN was received January 24, 2013. An APEN requesting a modification was received
on December 27, 2017. A new permit exempt letter will be written.
Source is in compliance with this requirement.
CONCLUSION
Based on observations during the inspection, a review of Division documents, and source records, Al Organics is
determined to be out of compliance with permit exempt letter 13WE1352 for exceeding the finished compost
limit of 81,000 tons in 2014, 2015, and 2016. No enforcement is recommended for this violation (see explanation
below).
Although not a violation, PS Memo 12-02 states that composting facilities should track incoming material (not
finished compost) and use this amount to calculate emissions. As a result of this inspection, Al Organics has
established incoming material weight conversions and recalculated emissions. Al included the recalculated
emissions in a revised APEN submitted on December 27, 2017. The Division will review the annual composted
material and issue a revised APEN required / permit exempt letter (including a new incoming material ton per
year limit).
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1239AEF-INSP-2018
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Page 4 of 4
COLORADO
Department of Public
Health b £nvirorznent
Dedicated to protecting and improving the health and environment of the people of Colorado
Mr. Bob Yost
Al Organics
16350 Weld County Road 76
Eaton, CO 80615
Re: Compliance Advisory Related to September 18. 2014 Inspection
Rattler Ridge Compost Facility
Weld County, Colorado
SW/WLD/RRF/1.6
October 28, 2014
Dear Mr. Yost,
This Compliance Advisory provides notice related to information gained during an
inspection of the Rattler Ridge Compost Facility operating records conducted by the
Colorado Department of Public Health and Environment, Hazardous Materials and
Waste Management Division (the "Department") on September 18, 2014 at the Eaton
Organic Recycling Facility office where the Rattler Ridge Compost Facility records are
housed. The Rattler Ridge Compost Facility property address is 12002 Weld County
Road 59, Keenesburg, CO, 80643. The purpose of the inspection was to evaluate
compliance with the Solid Wastes Disposal Sites and Facilities Act, CRS 30-20-100.5 et.
seq. ("the Act"), and the Regulations Pertaining to Solid Waste Sites and Facilities, 6
CCR 1007-2, Part 1 ('`the Regulations") and the approved engineering design and
operations plan (approved plan). The Department advises you that the information
gained during the inspection indicates that you may have violated Colorado's solid
waste laws. Department personnel will review the facts established, and this notice
may be revised to include additions or clarifications as a result of that review.
Please be aware that you are responsible for complying with the Act and the
Regulations and that there are civil penalties far failing to do so. The issuance of this
Compliance Advisory does not limit or preclude the Department from pursuing its
enforcement options concerning this inspection including issuance of a Compliance
Order and/or seeking an assessment of civil penalties. Also, this Compliance Advisory
does not constitute a bar to enforcement action for conditions that are not addressed
in this Compliance Advisory, or conditions found during future file reviews or
inspections of your facility. The Department will take into consideration your
response to the requested actions listed below for each apparent violation cited below
(with regulatory citations noted below) in its consideration of enforcement options.
Apparent Violation 1: The facility has not maintained in written documented form
current cost estimates for hiring a third party to close such site and facility and to
conduct post -closure care of such site/facility. Moreover, the five (5) year
replacement of such cost estimates is overdue for submittal to the Department. The
4300 Chem/ Creek Drive 5., Denver, CO 90216-1530 P 301-692-200Q www,colarado. avfcdphe
John W. Hic1 eniooper, Governor Larry Woik, /OD, MSPH, Executive Director and Chief Medical Officer
Mr. Bob Yost
October 28, 2014
Page 2 of 3
is an apparent violation of Sections 1.8.1 (A) and 1.8.310) of the Regulations,
respectively.
Requested Action Relative to Apparent Violation 1: The facility is requested to submit
to the Department for review and approval within thirty (30) calendar days of your
receipt of this compliance advisory a schedule for providing a detailed written
replacement cost estinate(s) for hiring a third party to conduct closure and post
closure care of the facility to the Weld County Deparment of Public Health and
Environment and to the Department for review and approval.
Apparent Violation 2: The facility's current engineering design and operations plan
(D&O Plan) requires revision to incorporate the applicable requirements of Section 14
of the Regulations. Section 14.1.3(A) of the Regulations states that an application to
amend a facility's certificate of designation to incorporate the requirements of this
Section 14 must be filed by the owner or operator of existing composting facilities
with the local governing authority within six (6) months of the effective date of this
Section 14 (i.e., December 30, 2008)_ This is an apparent violation of Section
14.1.3(A) of the Regulations.
Requested Action Relative to Apparent Violation 2: The facility is requested to submit
to the Department for review and approval within thirty (30) calendar days of your
receipt of this compliance advisory a schedule for providing a revised Engineering DEO
Plan that complies with all applicable requirements of the Regulations to the Weld
County Deparment of Public Health and Environment and to the Department for review
and approval.
Apparent Violation 3: The facility failed to submit evidence by October 18, 2014 (as
requested on the Department's September 18, 2014 Inspection Checklist that
demonstrates the mixing pad was constructed in accordance with the approved design
as required by Development Standard 17 of the Site Specific Development Plan and
Use by Special Review (USR) Permit, USR 1285 that was granted by the Weld County
Board of Commissioners on November 1, 2000. This is an apparent violation of Section
2.1.1 of the Regulations.
Requested Action Relative to Apparent Violation 3: Please incorporate in the revised
Engineering D&O Plan (see Apparent Violation 2) procedures to properly manage
leachate that is generated by storm water contact with residual solid waste contained
in the mixing pad_
You are encouraged to document your return -to -compliance actions by submitting the
correspondence requested to the Department according to the time frames noted
above, and to facilitate resolution of the issues identified above in this Compliance
Advisory, we also encourage you to contact this office within fifteen (15) calendar
days of the date of this Compliance Advisory, at one of the numbers listed below to
schedule a compliance conference:
A. To discuss the Compliance Advisory to help clarify any questions that you may
have;
Mr. Fob Yost
October 28, 207,4
Page 3 of 3
B. To develop an alternative schedule for correcting the apparent violations noted
above; or
C. To submit information necessary to show that the apparent violation(s) is not a
violation of '=clor ado' s solid waste laws
Copies of the notice of Inspection and Inspection Checklist are enclosed with this
Compliance Advisory. We encourage you to contact Doug Ikenber ry at 303-692-3389 or
Jerry Henderson at 30ii-692-3455 concerning the apparent violations detailed under
this Compliance Advisory anClor to schedule a compliance conference to discuss this
Compliance Advisory.
Sincerely,
Douglas M. lkenberry
Professional Engineer I
Compliance Assurance Unit
Solid Waste and Material
Management Program
Enclosures
Jerry Henderson
Compliance Assurance Unit Leader
Compliance Assurance Unit
Solid Waste and Material
Managagernent Prw-am
cc: Heather Barbara, Weld County Department of Public Health and Environment
Solid Waste Trading
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Jace Driver, HMWMD
Enrique Martine:, HMWMD
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Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
4300 Cherry Creek Dripe South. Mail Code 1-IMWMD-132, Denver, CO S0243-1530
(303) 692-3350
Solid Waste and Materials Management Program
Notice of Inspection
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The facility is in compliance with the Act. Regulations and approved plans
The facility is in compliance. with the exception of the minor violations noted below
Apparent Violations and i-cquested coi ac ive actions:
Compliance Assistance Delivered During the inspection:
Signature of Facility Representative Receiving Form:
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COLORADO DEPARTMENT of PUBLIC HEALTH ENVIRONMENT
Hazardous Materials anti Waste Nlanagerflertt Division
SOLID WASTE DISPOSAL SITE AND FACILITY INSPECTION
Functional Category
Certificate of Designation
Closure/Post-closure
Oonstrurtion Quality Assurance
D and O Plan
Duty to Comply
Fees
Ground Water Ivlonitoring
Operating Requirements
Personnel Training
Preparedness and Prevention
Recordkeeping
Reporting
Sate R i:a,.,.r
Closure/Post-closure
Construction Oluality Assurance
Financial Assurance
Ground Water Monitoring
Nuisance Conditions Control
Operating Requirements
Security
Surface Water Control
Requirement Description
Certificate of Designation and Records
Illegal Disposal
Closure Plan
Construction C1_QC Plan Implementation
Construction QA_QC Report
Composting Plan for Class iV and V
D and O Plan Change
❑ and O Plan Submission
Duty to Comply
Solid Waste User or Annual Fees
Ground Water Monitoring
Approved Waivers
Personnel Training
Contingency Plan
Fire Protection Plan
Recordkeeping
Reporting
Post -closure Care and Maintenance
No Operation prior to Department Approval
Financial Assurance
Ground Water Monitoring
Nuisance Conditions Control
Nuisance Conditions Control
Odor Control
Pathogen Reduction Methodology
Work pad Area
Access Control_5ignage_Perimeter Fence
Stormwator_1eachate pond management
Surface Water Control
WasteAnalysis,Acceptence,HW I Waste Analysis,Acceptance,HW Exclusion
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Time Out;
Inspection Date:
Inspector(s):
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Page 1 of 2
Citation
Violation Note
YfIJfF Reference
14.1-314) - (8(; 14.7.115)
1.3-3, 3o -N0-102
1.4-8
14.3.2(A)
14.3.2(C)
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1.3.9
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1.3.5, 14.4
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2.1.3; 2.1.7; 2.1.11,
14.3.31DI
11.3 3101: 2.1.3, 2.1.7,
2.1.11
14.3.300
14.3.3f K)
14.3.1(C)
74.3-3lEi-lrl; 2 1.$
14.3.111)6)-(7);
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2.1.6; 2,1.16
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Waste Analysis,Acceptance,HW Exclusion
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Facility: Inspection Date:
Page 2 of 2
Functional Category
Compoct1!'1
Note/Regulation
Refer-el-ICC #
Requirement Description
Waste Analysis,Acceptance,FIW Exclusion
Inspector(s): •
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Not N/A Citation Violation Note
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Comments and Deficiency Requests
41-
Y/N/P Reference
14.3.31AI
Request RTC
Date Date
y ) E L, t, Cr I l r
soil") wAsTE [iiSPEICTIC'-N 'WORKSHEET
e'ncv: Colorado Department of Public Health and Environment CDP1-lt)
Hazardous Materials and Waste Management Division
Dale
September l', 2014 Virile: 9720 ANt - 11 311 AM
Rattler Rider anripost ! acility
12007. Weld CountRoad 59
Keenesbur«. CO 80643
Weld County
Phone Number: Contact - Bob Yost (r)70) 454-3492
Inspectors:
Doug Ikenberrv, E-IMWMD (.4
Jennifer Reynolds_ FINIWiID
Inspection Announced
Site Representatives: Bob Yost, Kent Pendley
Weather Conditions: Mild, Sunny
On September 1.8 2014, inspectors lion-i the Colorado Department of Public Health and
Enviro}nment. Hazardous Materials and Waste Management Division (the Division) conducted
an inspection limited to the Rattler Ridge Compost Facility's operating records. The Raeder
Ridge Compost Facility operating records are housed at the Al Organics Eaton Organic
Recycling Facility. The purpose of the inspection was to evaluate the compliance of the -facility
with the requirements set Eorth in the Solid Wastes Disposal Sites and Facilities Act (-the Act—).
CRS 30-20-100.5 Ur seq. and with the Regulations Pertaining to Solid Waste Sites and Facilities_
6 CCR 1007-? (-the Regulations-) and with the approved design and operations plan for the
taelilty.
An August 28. 2014 inspection performed by Division inspectors at the Rattler Ridge Compost
Facility site was limited to field operations and is documented in a separate inspection report.
--Site 1isinry--
On November I , 2000. the Veld County Board of Commissioners granted a Site Specific
Development Plan and Use by Special Review (iyUSR) Permit. l!SR I2. 5 that serves as the
certificate of designation for the subject Class I composting facility. The Rattler Ridge Compost
Facility operates on an approhimately 437 acre site in \Veld County under a Desii:m and
Operations (I]&O) Plan dated July 24, 2000.
The facility was issued a compliance advisory by the Division on December 18, 2012 that lists
facility deficiencies of which some remain outstanding to this date. In particular, Deficiency I of
the December 18, 2012 compliance advisory addresses the facility's requirement for an updated
Design and Operations Plan that meets the requirements of Section 14 of the Regulations and
Deficiency 5 of the compliance advisory addresses the facility's failure to replace its financial
assurance cost estimates for closure and post -closure care of the facility at five (5) year intervals
as required by Section 1.8.3(D) of the Regulations.
--Records Review --
A. pre -inspection records review revealed that the facility continues to lack current financial
assurance cost estimates for hiring a third party to close the facility and to conduct post -closure
care of the facility. Moreover, the pre -inspection records review indicated that the five (5) year
replacement of such cost estimates is overdue for submittal to the Department. Note that
atliirnately the fcrcilitv_financial assurance mechanism is required to he updated to reflect the
revised closure/cos t-clasrre care cost estimates that are approved by the Division.
Additionally, a pre -inspection records review revealed that the facility D&O Plan (dated July 24,
2000) has not been updated to comply with Section 14 of the Regulations. The operating record
indicates that efforts were being made by the facility to revise portions of the July 24, 2000 .D&O
Plan, specifically by development of a revised Groundwater Monitoring Plan for incorporation
into a revised Closure/Post-Closure Plan. The revised Closure/Post-Closure Plan was evidently
to be used as a basis for updating the facility's financial assurance cost estimates based on future
facility conditions ( .e.. as opposed to current facility conditions). In a letter dated January 28,
2014 Al Organics requested a 30 day extension to prepare and submit a revised closure plan and
financial assurance. The Division approved the extension request in an e-mail message of the
same date (see enclosed e-mail chain and Al Organics letter dated January 28, 2014). As of the
inspection date, Al Organics has not submitted the revised closure plan and financial assurance
to the Division, nor does the facility operating record reflect such submittal having been made,
--Site Inspection --
On September 18, 2014, the inspectors were greeted by Mr. Bob Yost and Mr. Kent Pendley at
the Eaton Organic Recycling Facility office at which time a review of the Rattler Ridge Compost
facility operating records was conducted. The operating records review reinforced that required
updates to the D&O plan and to the facility's financial assurance cost estimates for closure and
post -closure care of the facility are past due.
During the September 18, 2014 inspection, the Division requested submittal of the facility's
mixing pad quality assurance and quality control plan by October 18, 2014. Subsequent to the
September 18, 2014 inspection, the Mixing Pad Design documentation dated August 17, 2O00
was reviewed by the Division. -However, the operating record lacks evidence that the August 17,
200O miring pad design was ever approved by the Division and WCDPHE.
I.ISR 1285 Condition 1 requires that the facility adopt the Development Standards associated
with LISR 1285. LUSR 1285 Development Standard 17 requires that each mixing pad shall be
constructed in accordance with the typical mixing pad design that ha.s been reviewed and
approved by the WCDPHE and the Department prior to the use of each mixing pad that
demonstrates the pad was constructed in accordance with the approved mixing pad design.
During the September 18, 2014 inspection, the Division requested submittal of the facility's
mixing pad as -built construction certification report by October 18. 2014. Such documentation
was not submitted to the Division by October 18, 2014. Consequently, the operating record
lacks documentation that demonstrates the mixing pad was constructed in accordance with the
approved design or that WCDPHE and the Department approved any such as -built
documentation/demonstration.
--Findings--
The Site was in violation of the Act and the Regulations on the day of the inspection and will be
receiving a Compliance Advisory. Following is a summary describing the violations found
during the inspection_
Finding. 1: The facility has not maintained in written documented form current cost estimates for
hiring a third party to close such site and facility and to conduct post -closure care of such
site/facility. Moreover, the five (5) year replacement of such cost estimates is overdue for
submittal to the Department_ Ultimately the faczlityfanancial assurance mechanism is required
to be updated to reflect the revised closure/post-closure care cost estimates that are approved by
the
Violation 1: This is a violation of Sections 1.8.1 (A) and 1.8.3(D) of the Regulations.
respectively.
Finding 2: The facility's current engineering D&O Plan requires revision to incorporate the
applicable requirements of Section 14 of the Regulations. Section 14.1.3(A) of the Regulations
states that an application to amend a facility's certificate of designation to incorporate the
requirements of this Section 14 must be filed by the owner or operator of existing composting
facilities with the local governing authority within six (6) months of the effective date (i.e.,
December 30, 2,008) of this Section 14,
Violation 2: This is a violation of Section 14.1.3(A) of the Regulations.
Finding 3: The operating record lacks evidence that the f'acility mixing pad design
documentation was approved by WCDPHE and the Division. Additionally, the operating record
lacks evidence that demonstrates the mixing pad was constructed in accordance with the
approved design (e.g., mixing pad as -built certification report submitted to WCDPHE and the
Division for review and approval) as required by USR 1285 Development Standard 17. Section
2.1,1 of the Regulations states that sites and facilities shall comply with the health laws,
standards, rules. and regulations of the Department. the Water Quality Control Commission, the
Air Quality Control Commission, and all applicable local laws and standards.
Violation 3: This is a violation of Section 2.1.1 of the Regulations.
organics
Colorado's Leader in Orrgarnrc Recycling
January 26, 2014
Cindy M. Smith
Environmental Protection Specialist
CDPHE
4300 Cherry Creek Dr. S
Denver, CO 60246
Re' January 17, 2013 Compliance Advisory — Deficiency 4 5 follow-up letter for Rattler Ridge Compost Facility
Dear Ms Smith,
Deficiency # 5 in the referenced letter stated that Al would provide the Department with revised closure cost
estimates for the Rattler Ridge Facility within 90 days of the letter date. On May 3121 we requested an extension of
the time required to respond to allow the Department to complete review of our GWMP draft submittal.
We received the Departments comments regarding the GWMP on June 280 via email to our Engineer David Peek at
KRW and copied to Al. Subsequent to that correspondence our engineer David Peek left employment at KRW and
his replacement Mike Pretti was retained last fall, I apologize that in the transition period the need to respond to
those comments and subsequently respond was lost, and subsequently have not updated our closure plan far review
by the Department.
We will immediately include the monitoring well detail in cur review and request that we be granted 30 days for
preparation and submittal to the department of the revised closure plan and FA. If in the meantime you would Ike us
to update the current bond by the most recent inflation factor I can have that done as well
Sincerely,
Bob Yost
VP, CM
Cc Roger Doak, CDPHE
Heather Earbare, WCDPHE
Mike Pretti, I RW
OR
r a�
Al Organics Corporate Headquarters: 16350 WCR 76 • Eaton. Colorado aae15
Te19?9-'+54-3492 • 804-776-iSd4 • Fax 970-454-3232
Facilities Eaton • Keeneshurg • Stapleton
Las Vegas, Nevada
wonmaiorganicmom
US
Composting
Caudell
Seal of Testing
4FSurocce
21312014 State.caus F utiry Branch Mail - Fv.4• Compliance Advisory item 5
STATE OF
COLORADO
Fwd: Compliance Advisory Item 5
Smith - CDPHE, Cindy <cindy.smith@state.co.us> The, Jan 28, 2014 at 2:55 PM
To: cdphe hmdrecordscenter <cdphe.hmdrecordscenter@state.co.us>
Hello Kim: Could you file this email chain as one document coded SW(WLD/RRF 1.1
Thank you.
Cindy M Smith
Environmental Protection Specialist
State of Colorado, Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South, B-2
Denver, Colorado 80246-1530
office: 303.692.3409 I fax: 303.759, 5355
email: cindy.smith state.co.us
------ Forwarded message -
From: Smith - CDPHE, Cindy <cindy.smith@state.co.us>
Date: Tue, Jar 28, 2014 at 2:22 PM
Subject: Re: Compliance Advisory Item 5
To: Bob Yost <BobYost a 1 organics.com>
Cc: Roger Doak - CDPHE <roger.daak state.cc.us>
Bob. Thank you for following up on this! The Department hereby grants your request for a 30
day extension to prepare and submit the revised closure plan and PA for the Rattler Ridge
Compost Facility. indeed, it would be appreciated if you could also update the current bond by
the most recent inflation factor.
Always nice to hear from you Bob. Hope business is well.
Cindy M Smith
Environmental Protection Specialist
State of Colorado, Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South, B-2
Denver, Colorado 80245-1530
office: 303.692.3409 fax: 303.759.5355
email: cindy_srrlith@state co.us
hltps:lfrnail. g oog I e.earri/rnai! fo12621u10!?ui =2&iif f170cfb$e9&vi e+np pt&cat= K rn%27s°ro20M ai I &search= cal&th=1d3dadeacd5bbEcs 1/4
21312014 Stale co.us ERF{:Utite Branch Mail - FAid: Compliance Advisory Item 5
On Tue, Jan 28, 2014 at 7:37 AM, Bob Yost <BobYostga 1 organics.com> wrote:
Good Morning Cindy,
When speaking with Roger yesterday I discovered that we had rot responded to the Department on
Item 5 of the compliance advisory for Rattier Ridge. J have prepared the attached letter requesting 30
days to get our closure plan and FA updated to do so. I apologize for the delay in doing this. It is my
fault for not having followed up on it with our new engineer Mike Pretti after David Peek left 1<RW_
Please review my request and Iet me know if it is acceptable_
J,3a4. `t
Vice President,
Chief Technical Officer
Al Organics - US Corn posting Council "Com poster of the Year"
Ph: 970-454-3492 ext 1014
Cell: 303-710-9121
bobyostal organics.corn
WebsJte: www.alorganics.corn
Al Organics on: Twitter facebooi<
Compost Nature's Way to Growl
Please consider the environment and only print this e-mail if you must. Think
Greer and Reduce, Reuse, Recycle
hits.Alma i l_g pogie,comlmai llbl2621u1D!`fui = 28i Il,---f17p„ itke9&ueuiF ot&catf Kirn°lfl27s °ra20 Mail&sear ch=cat&1h=143dad9i?cd5bb6ca 2/4
?13!2014 5tata.co.as Bncultoe Branch Mail - Fwd: Compliance AdusoryItem 5
From: Doak - CDPHE, Roger [mail to, roger.daak@state.co.us]
Sent: Friday, June 28, 2013 10:19 AM
To: David Peek
Cc: Troy Swain (tswain@ca.weld.co.us); Bob Yost; Joe Hess
Subject: Re: Al Organics - Rather Ridge Preliminary Well Location
David,
Sorry this took so long to respond. Attached are comments regarding the proposed plan.
Give me a call if you have any questions.
regards,
Roger
Roger Doak, Unit Leader
Solid Waste Permitting Unit
Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
303.692.3437 roaer.doakaa state,co.us
On Wed, Apr 10, 2O13 at 4:04 PM, David Peek <DPeek@krwconsulting.com> wrote:
Roger/Troy,
https:llmail.goodie.:omrmailti2eZu/Oaui=2&ilrf17pcfoeeg$6uev pi&car=Krm°1e27s%20Mail&search cat&tFm143dad9acd5hh6ca 3/4
713/2014 State.ca.us Execulitie Branch Mail - Fvie Compliance Achisory Item 5
As requested during the permit scoping meeting, the attached PDF includes a Preliminary
Well Location map and supporting data for Al Organics - Rattler Ridge.
Paper copies have been mailed to your offices as well.
Thank You,
David W. Peek, P.E., LEED AP
KRW Consulting, Inc
8000 West 14th Ave, Suite 200
Lakewood, CO 80214
303-239-9011 x 17
303-239.0745 fax
970-978-6629 cell
dpeek@krwconsulting.com
rips 1lmail.gnog te.com+maiIfel252/ufOf?ui=2&JIr-i17l cibae98uevv=pt&cat=l iim%27s%20fvlail&search=cat&th=143dad95odEct6ca d14
STATE OF COLOFADO
John W. Hickenlooper, Governor
Christopher E Urbino. MD, MPH
Executive Director and Chief Medical Officer
Cedicated to protecting and improving the health and environment of the people of Colorado
43OO Cherry Creek Dr. S. Laboratory -Services Division
Denver. Colorado 80246-153D 9100 Lowry Blvd.
Phone (3o3) 692-2000 Denver, Colorado 60230-092B
Located ih Glendale, Colorado (303) 692-3090
http://www.cdphe.state,co.u5
January 17, 2013
CERTIFIED MAII. # 70110474 0000 8929 6196
Return Receipt Requested
Mr. Bob Yost, Al Organics
16350 Weld County Road 76
Eaton, CO 80615
Colorado Department
of Public Health
and Environment
RE: Follow-up to Compliance Advisory for Rattler Ridge Compost Facility, 12002 WCR 59, Keenesburg,
CO, 80643
SW/WLD/RRF 1.2 w.,a 1• e
Dear Mr. Yost:
During a January 15, 2013 compliance conference for the Rattler Ridge Compost Facility located in Keenesburg,
Colorado, you provided facility information relevant to deficiencies identified in a December 18, 2012
Compliance Advisory issued by the Colorado Department of Public Health and Environment ("CDPHE" or "the
Department"). This purpose of this letter is twofold. First, the Department wishes to clarify the status of
Deficiency #2 in the advisory as a result of information obtained during the compliance conference, and secondly;
the Department wishes to document action items and compliance schedules that were mutually agreed upon
during the subject compliance conference.
in light of information you provided, the Department has determined that Deficiency #2 of the advisory no longer
stands, based on your assertion that at the time of inspection, Rattler Ridge was no longer accepting any of the
waste streams relative to Deficiency #2. Subsequent inspections yielding additional information relative to this
deficiency could result in a new enforcement action on this issue, but insofar as the May 22, 2012 inspection is
concerned, this letter will serve as the no violation letter for Deficiency #2, as required by Section 1.9,2 of the
Regulations.
Pursuant to Deficiencies # I, #3,144 and #5, the following action items and timeframes were mutually agreed upon
during the compliance conference_ All time frames start from the date of the compliance conference, January 15,
2013.
Relative to Deficiency #1, it was determined that A-1 Organics will attend a pre -submittal scoping meeting with
the Department within the next sixty i 60) calendar days, to discuss required contents for the revised EDOP, In
addition, A-1 Organics will submit a detailed schedule to the Department within 60 calendar days, which outlines
completion of activities necessary to address Deficiency 41 of the compliance advisory.
Relative to Deficiency #3, A-1 Organics agreed to formally train all employees responsible for operating the
Rattler Ridge facility within sixty (60) calendar days such that they are able to recognize prohibited materials,
Mr. Bob Yost
January l 7, 2013
Page 2 of 2
take action when nuisance conditions occur, and implement emergency procedures when necessary. A-1
Organics agreed to document this training and to establish and maintain training records for facility employees.
Relative to Deficiency #4, A -I Organics agreed to post signage at the Rattier Ridge facility entrance that identifies
materials accepted and materials that are prohibited at the facility. The facility will install this signage within
sixty (60) calendar days of the approval of the revised EDOP for Rattler Ridge.
Relative to Deficiency 45, A-1 Organics will provide the Department with revised cost estimates for the Rattler
Ridge facility within ninety (90) calendar days. These cost estimates will be based on current business practices
and the existing facility EDOP and closure plan for Rattler Ridge. New cost estimates may be required when a
revised EDOP is submitted to the Department and Weld County for review and approval.
Lastly, relative to Recommendation #1, A-1 Organics agreed to incorporate its new Food Waste Management
Plan into the revised EDOP in an ongoing effort to minimize the amount of shredded plastic debris in EcoGro
windrows associated with food waste composting.
In summary, the Department believes that the January 35, 2013 compliance conference was productive towards
identifying actions that will be taken to bring the facility into compliance with existing solid waste regulatory
requirements.
You may contact Cindy Smith at (303) 692-3409 concerning any of the action items or timeframes detailed in this
letter,
Sincerely,
Cindy M. Smith, Environmental Protection Specialise
Solid Waste Compliance Assurance Unit
Solid Waste and Materials Management Program
cc: SW Tracking
Roger Doak, CDPHE
Troy Swain, WCDPHE
SENDER! COMPLETE T 1IS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 f Restricted DelNery Is desired.
Print your name and address an the reverse
that we can return the card to you.
Attachthis card to the back of the rnaiipiece,
or on tl.e front if space permits.
Article Addressed to:
I -BOB YOST
A-1 ORGANICS
16350 WCR 76
EATON CO 80615
a
COMPLETE THIS SECTION ON DELNEAY
f . ❑ Agent
❑ Addressee
c-Vglivg
[3. Is delivery address different from Kern 17 0 Yes
if YES, enter delivery address below: No
• Mail ❑ Express Mall
ad ❑ Return Receipt for Merchandise
11Insured Mall 0 C.O.D.
4. Restricted pellveir (Extra Fee)
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DOPHE 136
HAZARDOUS MATERIALS
SWW1.1._7746
011111111111111111111111111111111111111
BOX#
262
0 STATE OF CIULORADO
Bill Ritter, Jr., Governor
Martha E. Rudolph, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone (303) 692-2000
TDD Line (303) 691-7700
Located in Glendale, Colorado
http://www.cciphe.state.co.us
November 17, 2010
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
(303) 692-3090
Greg Kuenning,
Environmental Services and Purchasing Coordinator
Al Organics
16350 WCR 76
Eaton, CO 80615
RE: Approval: Use of Process Effluent from Colorado Biolabs
Rattler Ridge Composting Facility
Weld County
Dear Greg,
Colorado Department
of Public Health
and Environment
The Haiardous Materials and Waste Management Division (Division) of the Colorado Department of Public Health and Environment
has reviewed your October 18, 2010 electronic request and subsequent correspondences to accept process effluent from Colorado
Biolabs, Inc. to use as a feedstock at Al Organics' Rattler Ridge composting facility. Al Organics has indicated this waste stream will
be accepted as an ongoing basis with volumes fluctuating but on average approximately 12,000-24,000 gallons per week of effluent
will be accepted. The benefit of this feedstock is primarily to add liquid for moisture, secondarily the pH of the waste will help adjust
pH levels of some of the compost produced at the Rattler Ridge facility, and lastly, this waste will provide nutrients for the
composting process.
As described in the Generator's Waste Profile Sheet, the process effluent is generated when concentrated bovine red blood cells are
broken down through the use of an enzyme and potassium hydroxide to extract the iron. The mixture is processed through ultra -
filtration where the iron is retained, and the water, broken down cellular material, enzyme, and potassium hydroxide are flushed into
the process effluent (waste stream). The process effluent generally consist of 4% solids, but may be reduced in volume through
additional processing (RO filtration, evaporation, and drying).
I've reviewed the following information and data provided by AlOrganics for the process effluent; Generator's Waste Profile Sheet,
laboratory analytical data, enzyme product data sheet and enzyme material safety data sheet. Based on the information provided, my
conversations with you, and in consultation with Weld County Department of Public Health and Environment the Division approves
the use of the above referenced process effluent as a feedstock at the A 1 Organics' Rattler Ridge Composting Facility. This feedstock
must be managed in accordance with the facility's approved Design and Operations Plan.
In closing, the Division is authorized to bill $125 per hour for its review of technical submittals pursuant to Section 1.7 of the
Regulations Pertaining to Solid W. •te Sites and Facilities, 6 CCR 1007-2. An invoice for the Division's review of the above
referenced d.cumentation will be �ent under separate cover. If you have any questions please contact me at 303.692.3437
Sincere
Roger Doak, Permitting Group Unit Leader
Solid Waste and Material Management Unit
Solid and Hazardous Waste Program \
Cc: Troy Swain, Weld County Dept. of Public Health and Environment
Sw/wld/rrf 1.1
Rattler Ridge Organic Recycling
Facility/RRF
11/176010
WLD
Solid Waste - Correspondence - General - Approval: Use of Process
Effluent from Colorado Biolabs - Rattier Ridge Composting Facility,
Weld County
SW/1.1./7746
UI H I wl I,
SW/1.1./462-02
II
11
11
i
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1
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i
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II
II
0 0
DOPHE 136
HAZARDOUS MATERIALS
SW_1.1._453
UI 111111 IIII 111111 III IIIII I IIII III III II
BOX#
262
•
STATE OF COLORADO
Bill Owens, Governor
Jane E. Norton, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION
http://www.cdphe.state.co.us/hm/
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone (303) 692-3300
Fax (303) 759-5355
August 22, 2000
Robert Yost
A-1 Organics
16350 WCR 76
Eaton, CO 80615
222 S. 6th Street, Room 232
Grand Junction, Colorado 81501 -2768
Phone (970) 248.7164
Fax (970) 248-7198
RE: Certificate of Designation Application, Rattler Ridge Composting Facility, Weld County
Dear Mr. Yost:
Colorado Department
of Public Health
and Environment
The Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and
Environment (CDPHE) received your application, July 24, 2000, for certificate of designation, for the above
referenced facility. In accordance with the solid waste statute (30-20-109 et seq.) a preliminary completeness
review of such application is required within 30 days of receipt.
The Division has completed its initial review of the application. In the judgment of the Division, your application
is incomplete. The Division will not begin its formal review until the following item is supplied.
1. Pursuant to section 14.6.3 of Colorado's Solid Waste Disposal Sites and Facilities Regulations, 6 CCR
1007-2, a closure plan shall be provided describing the steps necessary to adequately close the facility,
This concludes the Division's comments regarding the completeness review of the proposed Rattler Ridge
Composting Facility. The Division will continue its technical review of the application after it receives this
additional information.
Please note that it is not the intent or purpose of a preliminary completeness review to imply anything
concerning the final approval of a proposed site and facility. Also, the Division may request additional
information in order to clarify aspects of your proposal.
If you have any questions regarding this matter, please contact me at (303) 692-3417.
Sincerely,
ulie Cotter
Solid Waste Unit
Compliance Program
cc: Trevor Jiricek, Weld County Health Department
Roger Doak, CDPHE, Solid Waste Unit
Weld County Board of Commisioners
Bruce Barker, Weld County Attorney
Monica Mika -Daniels, Dept Planning Services, Weld County
File:
SW/WLD/RRF -t,
• •
Rattler Ridge Organic Recycling Fac 8/22/2000
Solid Waste - Correspondence - General - CERTIFICATE OF
DESIGNATION APPLICATION RATTLER RIDGE COMPOSTING
FACILITY WELD COUNTY
SW/1.1./453
N
SW/1.1./452
1
1
1
i
11
1
iu
1
1
11
STATE OF COLORADO
John W. liickenloaper, Governor
Larry Woik, MD, MSPH
Executive Director and Chiet Medical Officer
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone (343) 692.20,00
Located in Glendale, Colorado
www.cotorado gavlcdphe
January 28.2014
Bob Yost
Al Organics
16350 WCR 76
Eaton, CO 80615
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230.692a
{303) 692-3090
RE; Compliance Statues Rattler Ridge Composting
SW/WLD/RRF 1_
Dear Bob,
Colorado Department
of Public Health
and Environment
Pursuant to our phone conversation, you have asked that the Colorado Department of Public Health and Environment's Solid
Waste Program provide you compliance statues for Al Organics Rattler Ridge composting facility located in Weld County. As
you are aware, Al Organics' Rattler Ridge facility was issued a Compliance Advisory (CA) on December 18, 2012 for three
apparent violations:
1) The facility's existing Engineering Design and Operations Plan {EDOP) needs to be updated to reflect current
operations and revisions to Section 14 of the Solid Waste Regulations 6 CCR 1007-2. The CA requires Al to submit a
schedule for updating the EDOP. An updated schedule was provided to CDPI on March 12, 2013
2) The facility's signage needs updating. A I responds, signage will be updated upon revised EDOP submittal.
3) The facility's revised cost estimates for financial assurance must be updated. An updated schedule to complete this was
provided to CDPI-IF on January 28, 2034.
In terms of the facility's operational procedures such as controlling nuisance conditions. maintaining adequate windrow
temperature and pile turning, laboratory testing frequencies and environmental monitoring these activities are in compliance.
Feel free to contact me ifou have any questions regarding this letter.
Sincerely.
Roger Doak, Unit Leader
Solid Waste Permitting Unit
Solid Waste and Material Management Program
Hazardous Materials and Waste Management Division
Ec; Cindy Smith, Solid Waste Program
organics
Colorado's Leader in Organic Recycling
January 10, 2013
Troy Swain
Weld County Department of Public Health and Environment
1555 N. 17th Ave
Greeley, CO 80631
Re: Rattler Ridge Foodwaste Management Plan
Dear Troy:
Over the past several years that we have been receiving and composting foodwaste from various sources at our
Rattler Ridge Facility, the primary challenge we have had to deal with has been related to litter from non-compostable
plastics. The percentage of plastics that were present in the foodwaste we received was small. However the
standard foodwaste composting process we used (that was similar to the process used throughout the country)
called for mixing the foodwaste with ground bulking agents, and then regrinding the mixture before placement in
windrows.
The result of that process created a larger number of smaller pieces of non-compostable plastic (via grinding). After
the composting process was completed the screening process produced "overs (>1/2" wood) which were by design
reused as additional bulking agents in new windrows. The overs also contained the smaller plastic pieces created by
grinding that were removed from the compost during the screening process. This process over time concentrated the
amount of smaller sized non-compostable plastics in the overs and then subsequently in the newer windrows
throughout the site and created a problem with plastic litter when high winds come up.
Around a year and a half ago we implemented some improved measures to remove the existing plastic litter that had
accumulated from prior years operations and to also eliminate the reintroduction of plastics contained in overs being
used as part of the process to create new windrows. The primary process we introduced was our Hurrikan Wind
Sifter combined with occasional contracted labor. We also installed a litter fence on the east side of the site.
Additionally we gained some experience with some new techniques when we closed our Platteville locations that
have been very helpful in not creating the small plastic pieces in the first place.
We also purchased and installed a pre-treatment process (DODA) that removes the plastic from the stream before it
ever arrives at our site. Of course the primary point of control is with the generator of the foodwaste and we have
been very active regarding client education and inspection/approval of incoming materials. All of these are helping
us gain ground on the litter issue at Rattler Ridge.
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.alorganics.com
US
Composting
Council
Sear of Testing
Assurance
Troy Swain
Weld County DPH&E
January 10, 2013
Page 2
We agree that while we have made progress in reducing incoming non-compostable plastics as well as gaining
ground on removing existing plastics from the site, the need to formally implement an enhanced litter control plan
related to our foodwaste composting program is needed. Using the experience we have gained as well as expansion
of on -site physical controls are important elements in the development of this plan.
To formalize this process we have created a Foodwaste Management Plan for the site. All BMP's associated with
this plan will be in place and being utilized by February 15, 2013. We agree that a comprehensive and
documentable management plan is needed to not only bring the site back up to the required standards but to also
insure that those standards continue to be met in the future. As part of the plan we will include data and photos to
record the progress we are making and to verify its effectiveness moving forward.
Sincerely,
Bob Yost
Vice President
Chief Technical Officer
Cc: Chuck Wilson
Kent Pendley
Tim Tribbett
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.alorganics.com
US
Composting
Council
Sear of Testing
Assurance
STATE OF COLORADO
Jahn 1N. Hickenlooper, Governor
Christopher E. Urbina, MD. MPH
Executive Director and Chiei Medical Officer
Delicate() to protecting and improving the health and envlronment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 60246.1530
Phone 1303) 692-2000
Located an Glendale. Colorado
nnpi/www.cdphe state.co.us
December 18, 2012
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 50230-6928
1303)692-3090
CERTIFIED MAIL # 7011 0470 0000 8929 7490
Return Receipt Requested
Mr. Bob Yost, Al Organics
16350 Weld County Road 76
Eaton, CO 80615
Colorado Depay-uncut
cif Public Health
and Enviro ament
RE: Compliance Advisory for Rattler Ridge Compost Facility, 12002 WCR 59, Keenesburg, CO, 80643
SW/WLD/RRF 1.2
Dear Mr. Yost:
This Compliance Advisory provides notice related to information gained during an inspection conducted by the
Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division
(the "Department") on May 22, 2012_ The purpose of the inspection was to determine the facility's compliance
status with respect to the Solid Wastes Disposal Sites and Facilities Act, CRS 30-20-100.5 et. seq. and the
Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1; the Regulations), The
Department advises you that information gained during the inspection indicates that you may have violated
Colorado's solid waste €aws. Department personnel will review the facts established and this notice may be
revised to include additions or clarifications as a result of that review.
Please be aware that you are responsible for complying with the State solid waste regulations and that there are
civil penalties for failing to do so. The issuance of this Compliance Advisory does not limit or preclude the
Department from pursuing its enforcement options concerning this inspection including issuance of a Compliance
Order andlor seeking an assessment of civil penalties. Also, this Compliance Advisory does not constitute a bar
to enforcement action for conditions that are not addressed in this Compliance Advisory, or conditions found
during future file reviews or inspections of your property. The Department will take into consideration your
response to the requested actions listed below for each cited deficiency in its consideration of enforcement
options.
Deficiency 1: The approved Design & Operations Plan, dated July 24, 2000, is outdated and does not comply
with requirements outlined in 11 CCR 1007-2, Section 14. In addition, several new waste streams
that were not contemplated in the original approved D&O plan, arc being accepted as feedstocks,
bulking agents, and wetting agents at the facility, some under letter approvals subsequent to the
original EDOP. It is imperative to update the facility D&O plan such that it accurately reflects
current operating practices at the compost facility, including material acceptance.
The following items appear to be discrepancies with Section 14 regulatory requirements:
Mr. Bob Yost
December 18, 2012
Page 2 of 4
• 6 CCR 1007-2, Section14.1.3(A) - A l Organics failed to submit an application
to amend the facility's certificate of designation to incorporate the requirements
of Section 14 within six (6) months of the effective date (12/30/2008) of Section
14.
• 6 CCR 1007-2, Section 14.3.1(B)(3) — Surface water control features at compost
facilities shall be designed, constructed and maintained to contain and manage
le achate.
• 6 CCR 1007-2, Section 14.3.1(B)(4) — Surface water control features at compost
facilities shall be designed, constructed and maintained such that all
stormwater/leachate containment structures shall be constructed of a minimum of
18 inches of compacted soil or in -situ earthen material or other low permeability
materials to achieve a hydraulic conductivity of less than or equal to 1 X 10-6
cm/sec. Per Section14.3.1(B)(5), alternative liner designs that perform in an
equivalent manner to the Section 14.3.1(B)(4) liner design may be approved by
the Department and the local governing authority based on a demonstration of
alternate liner design's equivalent performance, the waste type and site specific
technical information. Given the large variety of feedstocks, bulking agents, and
wetting agents received at the Rattler Ridge facility, this demonstration would be
imperative and should be well -documented, Historically, the facility has
accepted Jet A fuel contaminated soil from Stapleton, distillation by-products
from water/oil separation process, oily water from Arvada Treatment Center,
process effluent from Colorado BioLabs, water treatment plant residuals,
biosolids, filtered sand trap water from car wash operations, wastewater filter
cake produced by Ball Metal Beverage Container, stormwater and pressure wash
water associated with biodiesel manufacturing process at BioEnergy of Colorado,
backwash water from sand and carbon filters at Stericycle, water with urea from
Amgen, waste water treatment plant sludge from New Belgium Brewing
Company, and liquid waste from Amgen resulting from purification of a protein
based therapeutic. It is anticipated that a variety of feedstocks will continue to be
accepted in the future. This demonstration is also relevant because liquid
feedstocks are periodically applied directly to onsite windrows, besides being
applied to materials on the mixing pad.
• 6 CCR 1007-2, Section 14.3.3(G) the facility lacks an adequate contingency
plan pursuant to the requirements of Section 14,3.3(G).
• 6 CCR 1007-2, Section 143.3(L) — the approved D&O plan dated July 24, 2000,
does not contemplate a formal waiver request from ground water monitoring, and
to date, the facility has not submitted a Ground Water Monitoring Plan to the
Department for review and approval in accordance with Section 14.33(L). This
appears relevant due to the variety of feedstocks, bulking agents, and wetting
agents received by the facility. Two of site ground water monitoring wells (DH -
97 and DH -122) are sampled semi-annually for analytes defined in the Rattler
Ridge D&O plan. Depth to groundwater is twelve (12) feet and thirteen (13) feet
respectively, indicative of shallow perched groundwater within the vicinity of the
Rattler Ridge composting facility.
Mr. Rob Yost
December 1$, 2012
Page 3 of 4
Requested Action 1:
Within ninety (90) calendar days of receipt of this compliance advisory, the
facility should submit a revised engineering design and operations plan that
meets all of the criteria outlined in the bulletized list above.
Deficiency 2: 6 CCR 1007-2, Section 13.9 and 6 CCR 1007-2, Section 14.6.1(C) — The Rattler Ridge
compost facility is operating outside the scope of the approved D&O Plan. Waste streams that
were not specified in the approved plan are being accepted as feedstocks, bulking agents, and
wetting agents. These waste streams fall into two categories: 1) wastes not contemplated in the
approved D&O Plan but subsequently approved via letter approvals from the Division and
WCDPI-LE, and 2) wastes not approved for acceptance at the facility. The owner or operator of a
Class I composting facility shall only receive those feedstocks, bulking materials and liquid
wastes specified in the approved design and operations plan for the facility. Acceptance of
composting materials different from those originally approved, shall be in accordance with the
facility's waste characterization plan. A-1 Organics has not submitted an updated waste
characterization plan for the Rattier Ridge facility, meanwhile the facility has accepted various
materials without approval and without having submitted a plan for operational and storage
procedures for these specific materials. These materials include various industrial wastes, and
water treatment plant residuals exhibiting radioactivity levels greater than 40 pCilg gross Alpha.
Requested Action 2:
The facility is requested to cease accepting unapproved waste streams, effective
immediately. In addition, in preparing the waste characterization plan in
Requested Action 1, the facility should update the list of approved waste streams
and clearly distinguish those wastes already approved from those newly proposed
for acceptance at the facility.
Deficiency 3: 6 CCR 1007-2, Sections 14.3.3(J) and 14.7.1(M) — The facility could not provide training
records to document that employees are properly trained to recognize prohibited materials, take
action when nuisance conditions occur, and implement emergency procedures when necessary.
Requested Action 3:
The facility is requested to train ail employees responsible for operating the
facility within sixty (60) calendar days of your receipt of this compliance
advisory. Training records should be established to document that facility
employees received this training,
Deficiency 4: 6 CCR 1007-2, Section 143.3(F) — The facility entrance sign fails to identify the materials that
will and will not be accepted at the facility.
Requested Action 4:
Within sixty (60) calendar days of your receipt of the compliance advisory, the
facility should add the materials accepted and not accepted to the signage posted
at the facility,
Deficiency 5: 6 CCR 1007-2, Section 1.8.3(D) — The facility has failed to replace the financial assurance cost
estimates with new cost estimates every five (5) years as required by the Regulations.
Requested Action 5:
Within ninety (90) calendar days of receipt of this compliance advisory, the
facility should replace original cost estimates with new cost estimates and submit
the revised closure and post closure care cost estimates to the Department for
review and approval.
Mr. Bob Yost
December 18, 20!2
Page 4 of 4
Recommendation 1
Recommendation 2
CDPHE inspectors observed a significant amount of shredded plastic debris in "EcoGro"
windrows on the lower deck associated with food waste composting. Al Organics should
continue to educate and encourage food waste providers to expend efforts to maximally
segregate and source -separate non-compostable material from compostable materials to
help minimize the amount of shredded plastic debris in EcoGro windrows. 6 CCR 1007-
2, Section 14.3.3(D) requires that a composting facility shall control onsite and prevent
off -site nuisance conditions such as noise, dust, mud, odors, vectors and windblown
debris.
A comprehensive review of CDPHE tiles for Rattler Ridge suggests that the facility is not
consistently forwarding a copy of soil sampling summary reports and groundwater
sampling summary reports to CDPHE. The Division requests that all future soil sampling
summary reports be forwarded to CDPHE as soon as they are received by the facility.
The Division also requests that future groundwater sampling summary reports be
forwarded to CDPHE as soon as an SSI determination is made•
To facilitate resolution of the issues identified in this Compliance Advisory, we encourage you to contact this
office at the number listed below by January I I, 2013 to schedule a meeting:
A. To discuss the Compliance Advisory and answer any questions that you may have;
B. To develop a schedule for correcting the deficiencies noted above; or
C. To submit information necessary to show that the deficiencies are not a violation of Colorado's solid
waste laws.
A copy of the inspection report is enclosed with this Compliance Advisory.
You may contact Cindy Smith at (303) 692-3409 concerning the deficiencies detailed under this Compliance
Advisory and/or to set a meeting to discuss this Compliance Advisory.
Cindy M. Smith, Environmental Protection Specialist
Solid Waste Compliance Assurance Unit
Solid Waste and Materials Management Program
Enclosure
cc: SW Tracking
ec: John O'Rourke, CDPHE
Roger Doak, CDPHE
Troy Swain, CDPHE
Jerry Henderson, Unit Leader
Solid Waste Compliance Assurance Unit
Solid Waste and Material Management Program
SOLID WASTE INSPECTION WORKSHEET
Agency: Colorado Department of Public Health and Environment ("CDPHE" or "the Department")
Hazardous Materials and Waste Management Division
Date: May 22, 2012 Time: 11:50 AM - 2:10 PM
Site: Rattler Ridge Compost Facility Owners: Al Organics, Bob Yost
12002 WCR 59 16350 Weld County Road 76
Weld County Eaton. Colorado 80615
Keenesburg, CO 80643
Inspectors: Cindy Smith, CDPHE
Roger Doak, CDPHE
John O'Rourke, CDPHE
Inspection: Announced, Routine Compliance
SW/WLD/RRE 1.2
Facility Rep: Bob Yost, Chief Technical Officer
Kent Pendley, Chief Operating Officer
--BACKGROUND—
Al Organics utilizes a proprietary Modified Static Aerobic Pile (MSAP) compost method that entails the
addition of a biological catalyst and windrow management and design changes, to produce compost in less time
and with less associated costs, while maintaining consistent pathogen destruction.
Al Organics currently operates and owns two composting facilities in Colorado, the Eaton compost facility and
the Rattler Ridge compost facility in Keenesburg. Colorado.
Rattler Ridge (the facility) is a Class [ composting facility that can accept Type 1, 2, and 3 Feedstocks,
According to annual reporting by Al Organics for calendar year 2011, the facility received biosolids, food
waste, liquid waste, lime sludge, grass clippings, manure, tree trimmings, leaves, clean C&D waste, beer,
brewers residual, grit, and profiled solids for composting purposes in calendar year 2011. A total of
approximately 74,139 tons of feedstock materials and 28,985 tons of bulking material were received at Rattler
Ridge during calendar year 2011.
According to Mr. Bob Yost, the Rattler Ridge compost facility comprises 437 acres on which windrows
currently exist on 60 - 80 acres. The only engineered feature at the facility is the concrete mixing pad.
Adjacent to the concrete mixing pad are four (4) glass lined tanks of 39,000 gallon capacity in which liquid
waste feedstocks such as milk and brewers effluent are received. These tanks can store liquid in the winter
without freezing potential. The facility also maintains three permanent front end loaders, a windrow turner, and
Komptech Hurrikan S equipment used to remove plastic from finished windrows. The Hurrikan equipment has
demonstrated capability of removing 100 cubic yards of plastic for every 3,000 cubic yards of compost
processed.
The facility is operating under an engineering design and operations plan (EDOP) dated July 24, 2000 and
submitted as part of a certificate of designation application for the facility. The certificate of designation (CD),
along with the EDOP, was approved by the Weld County Board of Commissioners on November 1, 2000, with
conditions including subsequent submittals, subject to review and approval, of a Dust Abatement Plan, a Fly
1
Abatement Plan, an Odor Abatement Plan, a Soil Sampling Plan, a mixing pad design, financial assurance and a
groundwater monitoring plan.
The Rattler Ridge compost facility receives food waste from Whole Foods, WalMart, CostCo, Sam's Club, and
multiple grocery stores and some restaurants. Because operations at the Platteville facility have ceased, all food
waste is currently coming to the Rattler Ridge facility. It is important to note that Weld County has documented
the fact that Al Organics began accepting food waste at the Rattler Ridge compost facility without having
submitted a plan for operational and storage procedures for this specific material, a Type 2 feedstock. The
facility should receive and process only those materials that are described in the facility Engineering Design and
Operations Plan (EDOP). CDPHE and Weld County should be notified in writing of any additional materials
proposed for composting. Written approval to proceed with composting should be obtained from Weld County
and the CDPHE prior to receipt of new material.
--SITE INSPECTION --
On May 22, 2012, CDPHE inspectors Cindy Smith, Roger Doak and John O'Rourke conducted an announced,
routine compliance inspection at the Rattler Ridge Compost Facility north of Keencsburg, Colorado on Weld
County Road 59. Inspectors were accompanied by facility representatives Bob Yost and Kent Pendley.
On making entrance to the facility, the CDPHE inspectors noted that the entrance sign to the Al Organics
Rattler Ridge Compost facility identifies facility name and emergency contact information; however a sign has
not been erected and maintained that identifies acceptable and prohibited materials.
CDPHE inspectors observed windrows on the central side "upper deck" where biosolids were being composted
to produce Al Organic's BioComp product. Odor control did not appear to be an issue during the inspection,
Inspectors also observed windrows on the "lower deck" where food waste was being composted to produce Al
Organics's EcoGro product. Certain windrows associated with composting of food waste contained a
significant amount of plastic debris,
There are no perennial streams or ponds within the site boundaries. There is also no evidence of surface water
runoff on -site or in the general vicinity of the site. The site topography and geology are such that no storm
water will accumulate or leave the site, as the site is covered with a thick layer of eolian sands. CDPHE
inspectors observed that a sheep wire fence was being installed for security and access control purposes.
Because the facility is unlined, the facility does soil profiling once a year. It appears that soil samples have
been taken at different depth intervals, in the same windrow compost area. for years. Soil samples have
routinely been collected on the lower deck, adjacent to windrows where food waste is composted. There is no
documentation of soil samples having been collected from the upper deck where biosolids are composted.
Two off -site ground water monitoring wells (DH -97 and DH -122) are sampled semi-annually for analytes
defined in the Rattler Ridge D&O plan. Depth to groundwater is twelve (12) feet and thirteen (13) feet
respectively, indicative of shallow perched groundwater within the vicinity of the Rattler Ridge composting
facility.
Following the site inspection, CDPHE inspectors entered the gatehouse to review records. A summary of
records that were reviewed follows. Mr. Bob Yost confirmed that both the finished EcoGro product and
BioComp product are tested monthly under the US Composting Council's Seal of Testing Assurance Program
(STA).
__RECORDS REVIEW--
+/ Certificate of Designation issued December 6.2000
2
✓' Annual Reporting Form CY 2011
• Bulking Material Type / Wetting Agent Types
1 Bulking Material Volume — 1St quarter 2012
✓ Employee Training: Employee training records were requested to document compliance with
Section 14.3.3(J) of the Regulations. Mr. Yost indicated documentation of such employee
training does not exist at this time, to demonstrate that personnel operating the facility have been
trained in the recognition of hazardous and prohibited wastes.
+f Feedstock Material Types
1 Feedstock Volume Report
✓ Ground Water Monitoring Data
✓ Compost Analytical Data pursuant to US Composting Council Seal of Testing Assurance
(STA) Program
▪ Operational Monitoring Data
Besides those records listed above which were reviewed at the time of facility inspection, a subsequent
comprehensive file review was performed on all facility records at CDPHE. This included a review of the
Design & Operations Plan, Financial Assurance, and previous inspection reports by Weld County and CDPHE.
• Design and Operation Plan: Section 14 of the Regulations was revised significantly effective December
30, 2008 requiring composting facilities to amend their certificates of designation with accompanying
revisions to their engineering design and operations plans (EDOP) to incorporate new regulatory
requirements that went into effect at this time. Chief among those new requirements was to demonstrate
that surface water containment structures have a liner thickness of 18 inches of compacted soil having a
liner hydraulic conductivity of 10-6 cm/sec. This was a change from the previous requirement that such
features have a 12 inch thickness of compacted soil having a 10-5 cmisec hydraulic conductivity.
Revised EDOPs under the new Section 14 were also required to incorporate:
1. A description of employee training [14.4.2(4)],
2, Design of surface water control system (with more stringent permeability
specification)[14.4.2(K) and 14.3.1(B)],
3. A plan for post -closure care as defined in Section 14.9 (the closure plan requirement
already existed prior to the 2008 regulatory revisions)[I4.4.2(M)],
4, A contingency plan to deal with receipt of wetting agents [14,4,2(N)].
5. An odor management plan [14.4.2(P)]
6. A provision that all engineered features at a facility be reviewed and sealed by a
Colorado professional engineer [ 14.4.2(Q)],
7. A quality assurance plan for engineered features at the facility [ 14.4.2(R)].
8, A detailed description of sampling procedures for testing of finished compost [14.4.2(S)),
9. A waste characterization plan, for Class I and II facilities [14.6.1(C)],
10_ A groundwater monitoring plan, for those facilities not granted a groundwater monitoring
waiver [14.3.3(L)].
To date, the facility has yet to submit to the Division and Weld County Department of Public Health and
Environment (WCDPHE) a revised EDOP incorporating all of the above requirements in the new
Section 14 of the Regulations (effective date December 30, 2008).
• Financial Assurance: Department records show a revised financial assurance cost estimate was most
recently provided on September 14, 2004. Hence, a revised cost estimate was due on May 17, 2010.
--FINDINGS-
3
On the day of the inspection, the facility was found not to be operating in accordance with the Act, the
Regulations and the approved D&O plan. The deficiencies noted during the inspection are listed below, with
the pertinent regulatory citations noted in bold font.
Finding 1
The approved Design & Operations Plan, dated July 24, 2000, is outdated and does not
comply with requirements outlined in 6 CCR 1007-2, Section 14. In addition, several
new waste streams that were not contemplated in the original approved D&O plan, are
being accepted as feedstocks, bulking agents, and wetting agents at the facility, some
under letter approvals subsequent to the original EDOP. it is imperative to update the
facility D&O plan such that it accurately reflects current operating practices at the
compost facility, including material acceptance.
The following items appear to be discrepancies with Section 14 regulatory requirements.
• 6 CCR 1007-2, Seetion14.1.3(A) - Al Organics failed to submit an application to
amend the facility's certificate of designation to incorporate the requirements of
Section 14 within six (6) months of the effective date (12/30/2008) of Section 14.
• 6 CCR 1007-2, Section 14.3.1(B)(3) — Surface water control features at compost
facilities shall be designed, constructed and maintained to contain and manage
leachate.
• 6 CCR 1007-2, Section 14.3.1(B)(4) — Surface water control features at compost
facilities shall be designed, constructed and maintained such that all
stormwalerileachate containment structures shall be constructed of a minimum of
IS inches of compacted soil or in -situ earthen material or other low permeability
materials to achieve a hydraulic conductivity of less than or equal to 1 X 10-`'
crnlsec. Per Section14.3.1(B)(5), alternative liner designs that perform in art
equivalent manner to the Section 14.3.I(B)(4) liner design may be approved by
the Department and the local governing authority based on a demonstration of
alternate liner design's equivalent performance, the waste type and site specific
technical information. Given the large variety of feedstocks, bulking agents, and
wetting agents received at the Rattler Ridge facility, this demonstration would be
imperative and should be well -documented. Historically, the facility has accepted
Jet A fuel contaminated soil from Stapleton, distillation by-products from
water/oil separation process, oily water from Arvada Treatment Center, process
effluent from Colorado BioLabs, water treatment plant residuals, biosolids,
filtered sand trap water from car wash operations, wastewater filter cake produced
by Ball Metal Beverage Container, stormwater and pressure wash water
associated with biodiesel manufacturing process at BioEnergy of Colorado,
backwash water from sand and carbon filters at Stericycle, water with urea from
Amgen, waste water treatment plant sludge from New Belgium Brewing
Company, and liquid waste from Amgen resulting from purification of a protein
based therapeutic. It is anticipated that a variety of feedstocks will continue to be
accepted in the future. This demonstration is also relevant because liquid
feedstocks are periodically applied directly to onsite windrows. besides being
applied to materials on the mixing pad.
• 6 CCR 1007-2, Section 14.3,3(G) — the facility lacks an adequate contingency
plan pursuant to the requirements of Section 14.3.3(G).
4
• 6 CCR 1007-2, Section 14.3.3(L) — the approved D&O plan dated July 24. 2000,
does not contemplate a formal waiver request from ground water monitoring, and
to date, the facility has not submitted a Ground Water Monitoring Plan to the
Department for review and approval in accordance with Section 14.33(L). This
appears relevant due to the variety of feedstocks, bulking agents, and wetting
agents received by the facility. Two off -site ground water monitoring wells (DH -
97 and DH -122) are sampled semi-annually for analytes defined in the Rattler
Ridge D&O plan. Depth to groundwater is twelve (12) feet and thirteen (13) feet
respectively, indicative of shallow perched groundwater within the vicinity of the
Rattler Ridge composting facility.
Finding 2
Finding 3
6 CCR 1007-2, Section 1.3.9 and 6 CCR 1007-2, Section 14.6.1(C) — The Rattler Ridge
compost facility is operating outside the scope of the approved D&O Plan. Waste
streams that were not specified in the approved plan are being accepted as feedstocks,
bulking agents, and wetting agents. These waste streams fall into two categories: 1)
wastes not contemplated in the approved D&O Plan but subsequently approved via letter
approvals from the Division and WCDPHE, and 2) wastes not approved for acceptance at
the facility. The owner or operator of a Class I composting facility shall only receive
those feedstocks, bulking materials and liquid wastes specified in the approved design
and operations plan for the facility. Acceptance of composting materials different from
those originally approved, shall be in accordance with the facility's waste
characterization plan. A-1 Organics has not submitted an updated waste characterization
plan for the Rattler Ridge facility, meanwhile the facility has accepted various materials
without approval and without having submitted a plan for operational and storage
procedures for these specific materials. These materials include various industrial
wastes, and water treatment plant residuals exhibiting radioactivity levels greater than 40
pCilg gross Alpha.
6 CCR 1007-2, Sections 14.3.3(J) and 14.7.1(M) — The facility could not provide
training records to document that employees are properly trained to recognize prohibited
materials, take action when nuisance conditions occur, and implement emergency
procedures when necessary.
Finding 4 6 CCR 1007-2, Section 14.3.3(F) — The entrance sign fails to identify the materials that
will and will not be accepted at the facility.
Finding 5 6 CCR 1007-2, Section 1.8.3(b) — The facility has failed to replace the financial
assurance cost estimates with new cost estimates every five (5) years as required by the
Regulations.
Recommendation 1 CDPE IE inspectors observed a significant amount of shredded plastic debris in "EcoGro"
windrows on the lower deck associated with food waste composting. Al Organics should
continue to educate and encourage food waste providers to expend efforts to maximally
segregate and source -separate non-compostable material from compostable materials to
help minimize the amount of shredded plastic debris in EcoGro windrows. 6 CCR 1t107-
2, Section 14.3.3(D) requires that a composting facility shall control onsite and prevent
off -site nuisance conditions such as noise, dust, mud, odors, vectors and windblown
debris.
Recommendation 2 A comprehensive review of CDPHE files for Rattler Ridge suggests that the facility is not
consistently forwarding a copy of soil sampling summary reports and groundwater
sampling summary reports to CDPHE. The Division requests that all future soil sampling
5
summary reports be forwarded to CDPHE as soon as they are received by the facility.
The Division also requests that future groundwater sampling summary reports be
forwarded to CDPHE as soon as an SSI determination is made.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Photographic Log
Rattler Ridge Compost Facility, 12002 Weld County Road 59, Keenesburg, Colorado. 80643
May 22, 2012 Inspection
A 1 Organics
Rattler Ridge Site
Organic Recycling Facility
Keenesburg Operation
12002 WCR 59
Keenesburg, CO 80643
Emergency Phone Numbers - 800-776-1644
970-454-2953
97640/459
Entrance sign at gate of Rattier Ridge compost facility, Keenesburg, Colorado
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Looking west - food waste and bulking material being mixed on northern half of pad
Looking south — EcoGro compost windrows at Al Organics Rattler Ridge compo t facilit'
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Looking west - at "Komptech Hurrikan S" equipment used to remove plastic from windrows
When a windrow reaches maturation, it is loaded into the Hurrikan S to reabfainuaii
move remaining bits of
plastic, the result is finished compost product without plastic from the original food waste feedstock
9
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Photo of windrow turner at Al Organics Rattler Ridge compost facility
Looking northeast - looking dovti ii on lower deck with finished product and EcoGro windrows
10
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Prepared By :
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-SIGNATURE BLOCK
Cindy Smith
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11
SENDER: COMPLETE THIS SECTION
• Complete Items 1, 2. and 3, Also complete
item 4 if Restricted delivery Is desired.
• Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the hack of the mallpiece,
or on the front if space permits.
i. Article Addressed to:
BOB YOST
A-1 ORGANICS
16350 VVCR 76
EATON CO 80615
D. Is delivery addris different from item 17 0 Yes
It YES, enter delivery address below: O Nc
by rZ { /7 f]Q,{ r
❑ Agent
❑ Addressee
C. Date of Detivary
e
Mail ❑ Egress Mall
ad O Return Receipt for Merchandise
Mail 0 C.O.D.
4. Restricfad Delivery? (Extra Fee) O Yes
2. Article Number
(Transfer from service label)
7011 0470 I]000 8929 7490
PS Form 3811. February 2004 Oornestio Return Receipt
U.S. Postal Service.:
CERTIFIED MAIL,:: RECE
(Domestic Mai! Only; No Insurance C
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