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February 27, 2018 9:00 A.M.
Weld County Department of Public Health and Environment
Second Floor Hearing Room 210
The Weld County Board of Health met February 27, 2018, at 9:00 a.m. in the second -floor
hearing room of the Weld County Department of Public Health and Environment. Those
present included:
Board Members: Jason Maxey, Chair; Joyce Smock, Vice Chair; Sandra Owens
(via phone), Bill Wood, Tim Annable, Nicholas Berryman (after 10:00 a.m.)
Others: Lauren Light, Environmental Health Manager, (WCDPH&E), Debbie
Drew, WCDPHE, Luke Bond, Veris Environmental LLC, Debie Dutcher, Matt
Bovee, Lisa Graffenberger, Scot Dutcher,
February 27, 2018 BOH meeting it is 9:25 call meeting to order
APPROVAL OF AGENDA
A motion to move agenda and start with new business first was made by Jason Maxey and
seconded by Sandra Owens. The motion was passed unanimously.
APPROVAL OF MINUTES
A motion was made by Joyce Smock to approve minutes from November 28th, 2017 and Tim
Annable seconded the motion. The motion was passed unanimously.
NEW BUSINESS
New biolsolids application for Veris Environmental LLC, DS -1800003
Lauren Light presented the application for biosolids permit. Referral letters were received by
Public works and Planning. Received public comments from two people and one phone call
wanting to know regulations and approval with conditions.
Luke Bond, Veris Environmental LLC, commented:
• CR 22 site platted boundaries were some areas that were going to exclude a pond at
Northeast corner.
• Irrigating and cover, not an issue, recommended land leveling.
• Process for land and how product will be applied— irrigated.
• Biosolids must be treated to standards. For this site would take about 3 weeks to a
month and would need to inject liquid set, depending on weather. Next year tested and
if need more would add more.
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PUBLIC COMMENTS
• Lisa Graffenburger, 13657 CR 20, Fort Lupton
• Moved to farm in 2000; house is across the street where Luke is going to dump
septic, 10 feet across the road.
• Grows a garden, has children, loves the area because it's in the country, fresh air.
• Wild life concerns as they have birds, racoons, skunks and other wildlife.
• Barn cats were getting into toxic area, known for fact that rats eat that material and
concerned would attract more rats.
• Irrigation ditch runs along CR 20, irrigate same side of road as same side of field.
• Has well water, does not want to contaminate well or lose value of property.
• Has swamp cooler, to cool outside air, how to cool house, changes quality of living.
• Lisa's research — it's illegal to dump this type of waste in ocean, why is it safe to
dump it on top of her dirt, that goes down to her water supply?
• Pollutants blowing on front yard, dog fur, now contaminate all over fur and in house.
• Concern CR 20 does not have an acceleration lane, does not have a turn lane.
• No access for trucks to get there, if truck flips over would cause contamination spill.
• CDOT should be evaluating situation access to the roads.
• Department of Wildlife should have also been considered in study.
• Sign should have been posted along road 20 for the use. There's no sign posted.
• Currently cows in field, fence is down and cows go on CR 20.
• If owner not responsible for his cows how can he be trusted.
• Short notice; not enough time to consult with an attorney; only had 6 days.
Scot Dutcher 13803 WCR 20, Fort Lupton
• Public record on website shows none of the referrals were filled out or signed.
• Concern of crops grown underground; could be onions, carrots, lettuce.
• Concerned with odor issue.
• Food crops adjacent to his property.
• Has a tough time believing the Board of Health committee is taking this seriously by
switching committee members out. Needs to express his displeasure.
• Made recommendation to compost biosolids completely as dairy feeds do and not
partially eliminate.
• Supports agriculture in all forms.
• Background in beef farming and farmed enough but know that cannot incorporate
material if ground is frozen. Not sure if ground is frozen. Suspect that 3X the odor is
going to be a problem.
• Does want to know underground cost, ground water is only 80 inches from surface,
where water comes from irrigating, food crops.
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Matt Bovee 13229 CR 18 %, Fort Lupton
• Concern: looking to prove to them it's safe and is not any different than traditional
fertilizer. process. Want to know is it going to affect health, water, quality life (odor) or
property value. Prove that is the case, but if can't then would denied the permit.
Lisa Graffenburger (continued)
• Front yard is across from CR 20 and a dirt road about 10ft wide is in front yard 10 feet in
between her house and septic field where Luke Bond is dumping.
• An irrigation ditch runs along CR 20 and helps feed the farms.
• Crops are growing directly across that street.
• High water table and believe it's going to leach down to the vegetables, her water
supply, contaminate her well, and will decrease her house value.
• The Board of Health has responsibility and should take serious consideration on the
impact this will have on our quality life, health, wild life in the area.
• liability of Weld County if something goes wrong. Dead animals everywhere, if get sick,
and odor, what is quality of her life. How is she going to air condition her house in the
summer when she ran a fan and it brings the odor from outside when it is 10 feet away.
• Explained that a neighbor did biosolids treatment right next to her land and stated it
smelled awful for a very long time.
• Her front yard backs right up to the road.
• Can it be guaranteed that water won't be contaminated?
• Can Board of Health guarantee quality of life by saying no to Luke Bond's permit?
• It's a huge responsibility to the homeowners who pay properties taxes for Weld County.
Bill Wood had questions:
• Are all properties on septic systems?
• What's the time frame concerns?
• How long will the job take?
• How do you address the smells with cake vs. cow manure?
• Bill Wood also shared a personal experience 10 years ago with biosolids and similar
concerns.
Responses from Luke Bond:
• All properties are on septic systems.
• With cake, could take 2 or 3 applications, up to 2 weeks.
• Liquid would not be applied this year — generally takes 1 month.
• Will use cake manure spreader, contains more straw, 80% water.
• Smell is determined by treatment process.
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NOTICE AND REQUIREMENTS OF WELD COUNTY
Lauren Light presented biosolids regulations required posting by February 17th; residents and
referrals by February 13th. information was done per regulation County codes.
• Lauren Light commented that Luke needs to post sign and send an affidavit to
Environmental Health that sign was posted. (Luke did fill out an affidavit and posted a
sign).
Luke Bond commented:
• Sign is posted on CR 18 1/2 at the access point to property; Lisa Lives on CR 20.
Joyce Smock had questions on access to CR 20 and storage. Luke Bond responded storage
would be 1-2 weeks. Veris rules do not allow for storage more than 14 days.
Jason Maxey commented renewals are annual and may be pulled if issues arise. If Luke doesn't
do what he is supposed to and is causing issues, residents need to notify Weld County and
maybe Luke may not be able to renew next year. It's an annual renewal process.
Jason Maxey called for a 10 -minute break (9:52 a.m.)
Meeting resumed at 10:05 a.m.
Nicholas Berryman has now joined Board of Health meeting and Jason Maxey has
summarized meeting for Nicholas Berryman.
CONDITIONS FROM PUBLIC WORKS
Lauren Light explained the conditions.
• Weld County road has damage from normal wear and tear by the biosolids hauling
equipment of the applicant or the applicant contractor.
• The applicant will repair the road damage satisfactorily to Public Works Department.
• Upon notification by Weld County, the applicant or direct contractor will cease hauling
and operations until the roads are repaired.
• Hauling operations will resume until the condition of the road allows for heavy hauling
without damage being done to the road.
• Applicant will be allowed to apply to frozen or snow-covered grounds within the
requirements of biosolid regulations 64.15F, provided they meet the factor attraction
reduction requirement.
• Dust suppression - access of hauling of liquid waste or sludge causing dust problems to
owner's property; the applicant shall be required to provide application.
• Special transport permit- required to obtain a special transport from the state of
Colorado over weight, over dimensional loads, will need to contact Public Works to
obtain permit.
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Laura Light commented:
• State already approved biosolid permits once and State approval is good once they
apply; however they do have to re -permit thru Weld County for a renewal permit.
• Not septage, this is treated from waste treatment plant.
• Required to do metal and soil testing.
• If odor complaint, requirement is through EPA. Regulations requirement is from 7-1, can
do an odor rating.
STATE PROCESS
• Weld County will not process any biosolid applications unless we see the approval
from the State.
• For water quality control, will send a letter of attendance and letter of
authorization, until we get letter of authorization we will not bring before Board of
Health.
• Application must be approved by the State first, then County for approval or denial.
• Once any site is approved by the State, must renew yearly with County.
Joyce Smock had questions on odor problems and storage.
Joyce Smock had questions on references on number of people who live there?
Scot Dutcher pointed out on map locations of two new houses near property.
Jason Maxey had questions on vector attraction and how stable are biosolids?
PROCESS NOTIFICATION TO OTHER ANGENCIES - REFERAL NOTICES (Lauren Light)
• Fort Lupton
• Public Works
• Weld County Public Works
• Weld County Planning
• Platte Valley Soil Conservation District
Received comments back from Public Works and Planning.
Public portion is now closed.
Luke Bond with Veris Environmental LLC commented:
• Understands concerns from Mrs. Graffenburger, Mr. Dutcher and Mr. Bovee.
• Contamination — biosolids are one of the heaviest regulated fertilizers available. Luke
explained EPA National Service.
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• Biosolids are safer then commercial fertilizer. Class A can buy at Home Depot, no
restrictions.
• Class B need to get pathogens.
• Summer cooling concern — don't see problem with cooling house.
• Crops are growing and won't be able to tell what fertilizer was used.
• All application happens between November or end of March or early April. Can't apply
in summer, all applications are done in winter.
• Explained OSHA dumping — reason, concentrates all nitrates into one spot.
• Explained that homeowners don't have any problem selling their properties.
• Not aware of any studies that show biosolids attract rats.
• Dust left on site - aware of several EPA studies. A project in Lamar; set catch instrument
with wind coming across biosolids application.
• Measured how many particles while spreading and after spread. Should not see
pathogens based on studies.
• Food crops - explained there are harvest restrictions, doesn't mean that he can't apply
to site.
• Where there are potatoes, onions, carrots, explained need to have 38 months from last
application.
• High ground water -explained Colorado EPA rules, in Colorado ground water cannot
come within 5 feet of soil surface of the annual high.
• Protecting ground water is agronomic rate.
• Explained how nitrogen is used as fertilizer and how plants pick up nitrogen before it has
a chance to pick up root zone which in Colorado is about 5 feet.
• Property value — re -explain again that never seen biosolid affect property value.
• Safety - biosolids apply by 503 rules (nationally never shown the cause affect to
neighborhood)
• Luke explained that each generator is different depending on crops.
• Luke explained difference between liquid and cake applicators.
• All trucks have GPS monitors, the end of day they submit all loads, by next morning Luke
has a report.
• Once a week, Luke sends a spreadsheet of progress tracking, where he's at.
• Luke submits a summary every year by February 19th of all data to EPA on projects.
Lauren Light commented process as contracted by State:
• Explained 2 inspections are conducted monthly.
• Must have information, map, distances and is submitted to the State.
• If something is wrong then the State will come back and find them.
• Weld County works very closely with State.
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A motion was made by Tim Annable and seconded by Bill Wood to approve permit DS -1800003
with conditions staff proposed.
Lauren Light commented:
• Applicant should notify Weld County when initiating application in order for Weld
County to conduct an onsite inspection. This will be condition #7.
• Luke Bond agrees with notice.
Second roll call:
✓ Bill wood - present
✓ Jason Maxey - present
✓ Tim Annable - present
✓ Joyce Smock - present
✓ Nicholas Berryman - present
NEW PERMITS
Permit No: DS -1800001
A motion was made by Bill Wood to approve and seconded by Tim Annable. The motion was
passed unanimously.
Permit No: DS -1800002
Laura Light - No public responds
3 referrals were sent to:
1. Brighton Soil Conservation District
2. Public Works
3. Planning Public Works
A motion was made by Joyce Smock to approve and seconded by Tim Annabel. The motion was
passed unanimously.
Permit No:DS-1800004
4 referrals were sent to:
1. Brighton Soil Conservation District
2. Public Works
3. Planning Public Works
4. Adams County
Planning and Public Works responded incorporated Public Work conditions.
Approval with conditions from Public Works
No public input.
A motion was made by Jason Maxey to approve and seconded by Tim Annabel and the
motion was passed unanimously.
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BIOSOLIDS RENEWALS (Veris)
Lauren Light commented there were no public comments and that notices were not sent
to the public, but there are no issues.
Permit No:
Permit No:
Permit No:
Permit No:
Permit No:
Permit No:
Permit No:
DS -201105
DS -201108
DS -201203
DS -201204
DS -201314
DS -201321
DS -201326
A motion was made by Bill Wood to approve and seconded by Joyce Smock and the motion was
passed unanimously.
PRESENTATIONS
No presentations for the month of February 27, 2018. There will be a presentation in
March for Household Hazardous Waste.
A motion was made was made by Tim Annable to adjourn meeting and seconded by Joyce
Smock and the motion was passed unanimously.
Respectfully submitted,
Mayra Huizar
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