HomeMy WebLinkAbout20181182RESOLUTION
RE: ACTION OF BOARD TO DISMISS SHOW CAUSE HEARING, PCSC18-0006,
CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-1285 - A-1 ORGANICS,
RATTLER RIDGE ORGANIC RECYCLING FACILITY, AND WJW PROPERTIES, LLC,
DBA A-1 ORGANICS, C/O BOB YOST
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on July 11, 2018, a Show Cause Hearing, PCSC18-0006, was conducted to
consider revocation of Use by Special Review Permit, USR-1285, for a Solid Waste Disposal Site
and Composting Facility in the A (Agricultural) Zone District, issued to A-1 Organics, Rattler Ridge
Organic Recycling Facility, and WJW Properties, LLC, dba A-1 Organics, c/o Bob Yost, 16350
County Road 76, Eaton, Colorado 80615, and
WHEREAS, A-1 Organics, Rattler Ridge Organic Recycling Facility and WJW Properties
LLC, dba A-1 Organics, c/o Bob Yost (hereinafter referred to as "Respondent"), is the current
owner of the facility located on property being further described as follows:
Part of Section 36, Township 3 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing on July 11, 2018, the Planning staff advised the Board of
complaints and inspections concerning the following Development Standard:
13. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, blowing debris, and other potential nuisance conditions.
WHEREAS, after hearing all testimony presented, the Board deemed it advisable to
continue the matter to Monday, November 19, 2018, at 9:00 a.m., to allow the Respondent
adequate time to follow through with a scheduled inspection with an adjacent property owner and
to allow Mr. Yost to be present, and
WHEREAS, on November 19, 2018, after hearing all testimony presented, the Board
deemed it advisable to dismiss said Show Cause hearing based on the following findings:
1. Section 2-4-50.O.2 — "Good faith efforts on behalf of the person against whom the
complaint is made to comply."
a. The Respondent has demonstrated substantial compliance with
Development Standard #13, specifically, they have developed and
implemented a Debris Maintenance Plan and expressed a serious
commitment to avoid problems in the future.
b. The Respondent has agreed to ongoing, on -site debris mitigation and
off -site debris removal through collaboration with the Complainant and
adjacent property owner, Art Guttersen, who has agreed to allow pickers
to access further into his property, if necessary.
cc: PLCMH/TP), EHCBP), Pw(ePt HB),
ca. C FHA /BB), ck.PPL • aPPL REP 2018-1182
ra/3/ PL1443
DISMISS SHOW CAUSE HEARING, PCSC18-0006 RE: (USR #1285) - A-1 ORGANICS,
RATTLER RIDGE ORGANIC RECYCLING FACILITY, AND WJW PROPERTIES LLC, DBA A-1
ORGANICS, C/O BOB YOST
PAGE 2
2. Section 2-4-50.O.4 — "Economic benefit of noncompliance to the person against
whom the complaint is made."
a. The Respondent provided testimony of substantial expenditures to correct
the violation, thus demonstrating no economic benefit from the status of
noncompliance.
b. Debris leaving the facility since the initial Probable Cause hearing has been
decreased with the construction of a three -tiered fencing system and hired
staff to pick up debris.
3. Section 2-4-50.O.5 — "Impact on, or threat to, the public health or welfare or the
environment as a result of the violation."
a. The Weld County Department of Public Health and Environment staff, as
well as officials from the Colorado Department of Public Health and
Environment, have conducted numerous inspections and verified
compliance.
b. In addition to the list of supplemental cleanup events reflected in Exhibit M
— Legal Brief (Exhibit #5) reflecting additional cleanup efforts, the
Respondent is encouraged to maintain a log of off -site cleanups, with
particular attention given during the spring calving season.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that there is adequate evidence of substantial compliance concerning
Development Standard #13 of Use by Special Review Permit, USR-1285, issued to A-1 Organics,
Rattler Ridge Organic Recycling Facility, and WJW Properties LLC, dba A-1 Organics, do Bob
Yost, and said Show Cause hearing be, and hereby is, dismissed, with direction to staff to bring
the matter back if any issues of non-compliance return.
2018-1182
PL1443
DISMISS SHOW CAUSE HEARING, PCSC18-0006 RE: (USR #1285) - A-1 ORGANICS,
RATTLER RIDGE ORGANIC RECYCLING FACILITY, AND WJW PROPERTIES LLC, DBA A-1
ORGANICS, O/O BOB YOST
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of November, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dideo
Moreno, Chair
Weld County Clerk to the Board
bara Kirkmeyer, Pr/o-Tem
-County attorney
Date of signature: (;or1/3/ (
2018-1182
PL1443
To:
From:
Subject:
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Email: mhall@co.weld.co.us
Phone: (970) 400-3528
Fax: (970) 304-6498
SHOW CAUSE MEMORANDUM
PCSC18-0006
Weld County Board of County Commissioners Hearing Date: November 19, 2018
Michael Hall, Department of Planning Services
A-1 Organics, Rattler Ridge Organic Recycling Facility
Owner: WJW Properties, LLC dba A-1 Organics do Bob Yost and Chris Skelton
16350 County Road 76, Eaton, CO 80615
Legal Description: Being a part of Section 36, Township 3 North, Range 64 West of the 6th P.M., County of Weld, CO
Location: North of and adjacent to County Road 59; west of and adjacent to County Road 61
Parcel Size: +/- 440 acres Parcel Number: 1215-36-0-00-001
Zone District: A (Agricultural)
PURPOSE:
The Board of County Commissioners will review the Use by Special Review Permit at the November 19, 2018
Show Cause hearing and establish whether or not the facility is in compliance with specific Development
Standards of USR-1285. The Board of County Commissioners will take specific action regarding the status of the
USR, such as dismissal, suspension, revocation, etc. The Show Cause hearing is continued from July 11, 2018.
VIOLATION BACKGROUND:
USR-1285 is permitted for a solid waste disposal site (composting facility), recorded July 30, 2001 and is
located at 12002 County Road 59. This Use by Special Review permit included Conditions of Approval and
Development Standards that must remain in compliance. In late 2017 and early 2018, citizen -initiated
complaints regarding windblown trash/debris (subject to Development Standard #13) and odor (subject to
Development Standard #9) were submitted to County staff. The odor complaint was not substantiated. Off -site
trash and debris were noted during a semi-annual inspection by Weld County Department of Public Health and
Environment (WCDPHE) and staff forwarded the violation to the Weld County Board of County Commissioners
for a Probable Cause hearing per Section 2-4-40 of the Weld County Code.
APRIL 16, 2018 PROBABLE CAUSE HEARING SUMMARY:
The Weld County Board of County Commissioners, at the PCSC18-0006 Probable Cause hearing on April 16,
2018, determined that sufficient evidence exists to hold a Show Cause hearing for USR-1285. Specifically, that
Development Standard #13 was not in compliance due to windblown trash/debris on neighboring properties.
Development Standard #13 of USR-1285 states, "Waste materials shall be handled, stored and disposed of in a
manner that controls fugitive dust, blowing debris and other potential nuisance conditions". Based on
observations made by County staff and in response to complaints, staff agreed that the operation is in violation
of Development Standard #13. County staff also stated that odor standards did not appear to be in violation and
the Board likewise did not find evidence of such.
PCSC18-0006 Show Cause A-1 Organics
Page 1
(I/I9
O01T-t1S'a
Pi- 1993
At the Probable Cause hearing, A-1 Organics acknowledged the nuisance condition created by windblown trash
/debris and explained a fencing plan that would rectify the violation. Between the April 2018 Probable Cause
hearing and the July 2018 Show Cause hearing, A-1 Organics submitted two (2) monthly updates regarding the
progress and success of the fencing plan in May and June of 2018. A-1 Organics also submitted an updated
Engineering, Design, and Operations Plan (EDOP) to Weld County and the Colorado Department of Public Health
and Environment for review (CDPHE).
JULY 11, 2018 SHOW CAUSE HEARING SUMMARY:
The Show Cause hearing was scheduled before the Board of County Commissioner on July 11, 2018. County
staff stated that the trash/debris mitigation measures have been largely successful. At this hearing, surrounding
property owners spoke about continued windblown trash/debris despite the fencing plan and restated that there
was an odor issue. Additionally, new complaints regarding flies and off -site groundwater contamination were
brought up both prior to and during the hearing. WCDPHE staff also noted excessive flies during site
inspections. According to documents submitted by the complainant, the site does not have water cleaning,
monitoring or diversion controls and water samples conducted by the complainant and violator both identified
concerns.
However, because flies and groundwater contamination were not reviewed during the initial Probable Cause
hearing, they were not subject for review during the July 11, 2018 Show Cause hearing. The violator requested
a motion to postpone the Show Cause hearing to adequately notice interested parties and prepare a response
to the complaints. The Board agreed and determined that a separate Probable Cause hearing was needed to
establish whether evidence exists to determine revocation of the permit on the basis of non-compliance with
flies (subject to Development Standard #8) and ground water quality (subject to Development Standard #4 and
#20). The Board continued the Show Cause hearing to November 19, 2018.
After review, WCDPHE did note that flies were an issue on -site; however, A-1 Organics successfully mitigated
this concern by reducing the environmental conditions that support flies by frequent compost mixing and using
parasitic wasps and limited pesticides. Additionally, the Colorado Department of Public Health and Environment
was responsible for determining whether a groundwater contamination issue was present. WCDPHE staff had
conversation with the CDPHE, but no documentation was submitted to substantiate this claim. WCDPHE also
reaffirmed that there was no odor violation and that the windblown trash/debris had issue had been resolved.
Because the flies or water quality issues have either been mitigated or not substantiated, the second Probable
Cause hearing was not scheduled and the November 19, 2018 Show Cause hearing will only consider
windblown debris. While odor was discussed at the original Probable Cause hearing on April 16, 2018 staff was
unable to substantiate an odor violation as the readings were all below a 4:1 dilution threshold (D/T).
INSPECTION, COMPLAINT & MITIGATION EFFORTS HISTORY SINCE JULY 11, 2018:
Based on claims made during the July 11, 2018, Show Cause Hearing regarding flies and offsite groundwater
impacts, WCDPHE conducted the following actions and inspections. It should be noted that there were no
complaints concerning blowing debris following the July 11, 2018 Show Cause hearing. However, while not
directly outlined in inspection letters (other than the 11/8/2018 letter), debris was not noted as an issue in any of
the following investigations.
Week of July 16, 2018 — WCDPHE received a complaint from Dave Stewart indicating the presence of off -site
flies. As outlined in an email dated July 19, 2018, to WCDPHE, Mr. Stewart provided a timeline where he
noticed flies even after implantation of fly control measure conducted by the facility. WCDPHE investigated the
complaint and requested that the facility increase control measure and provide updated abatement actions. A
response was received from A-1 Organics on July 19, 2018 indicating they had begun spraying at more regular
intervals and purchased a fogger. An odor reading was taken by WCDPHE as part of this complaint. No
violation was noted. Readings were below a 4:1 (D/T). This was outlined in a letter to the facility dated
7/20/2018.
PCSC18-0006 Show Cause I A-1 Organics
Page 2
Week of August 6, 2018 - WCDPHE conducted a follow up investigation for the complaint received the week
of July 16, 2018. During this investigation, it appeared there were still flies, but the facility was conducting
biweekly spraying. An odor reading was conducting resulting in readings below a 4:1 D/T. This was outlined in a
letter to the facility dated 8/16/2018.
Week of August 13, 2018 — WCDPHE received another compliant concerning flies and odor on August 17,
2018. On 8/22/2018 WCDPHE conducted an investigation which included a demonstration of the mobile
sprayer. Staff noted that the number of flies off -site appeared to have decreased. Additionally, an odor
investigation was conducted which resulted in readings below a 4:1 D/T.
August 23, 2018 - WCDPHE provided a detailed email to the CDPHE outlining the issues related to the A-1
Organics Rattler Ridge Facility. This included reference to the groundwater contamination issue raised by Mr.
Stewart. WCDPHE did not get any response from the CDPHE.
Week of August 27, 2018 — A follow up inspection was conducted on 8/29/2018. During this inspection it was
noted that the number of flies present on and off -site were equal to numbers seen during the 8/22/2018
inspection and appeared that mitigation efforts were successful. An odor reading was also taken and resulted in
a reading of less than a 4:1 D/T. However, WCDPHE requested that spraying efforts and other control methods
be continued. This and the inspection done on 8/22/2018 were outlined in a letter to A-1 Organics dated
8/30/2018.
September 10, 2018 — WCDPHE reached out to the CDPHE again regarding groundwater issues raised by Mr.
Stewart. CDPHE did indicate they were working on an approach to the situation but did not provide any
information regarding the approach or possible violation. WCDPHE has not received any other correspondence
related to this issue.
Week of September 17, 2018 — A follow up inspection was conducted on 9/19/2018. It was noted that fly
numbers appeared to be at similar levels as previous inspection and at acceptable levels. An odor reading was
taken during this inspection and resulted in a reading of less than a 4:1 D/T. Based on this inspection,
WCDPHE considered the facility to be back in compliance with their USR regarding flies.
Week of October 29, 2018- WCDPHE staff conducted a joint inspection with the CDPHE on 11/1/2018. This
joint inspection only consisted of a file review. WCDPHE staff conducted a site inspection independently. As
part of the site visit, staff noted there was no apparent debris off -site. An odor reading was also taken and did
not result in readings above a 4:1 D/T. Based on the joint file review and WCDPHE's site inspection, it was
determined the site was in general compliance. This was outlined in a letter to the facility dated 11/8/2018.
Week of November 5, 2018 — WCDPHE received a complaint of odor and blowing dust. An investigation was
done on 11/7/2018. As part of this investigation odor readings were conducted. Odor readings did not exceed a
2:1 D/T. The average opacity over a 15 -minute period was 12.7%. This did not violate the facility's APEN.
NOVEMBER 19. 2018 SHOW CAUSE HEARING STATEMENT:
Based on the above review, the Weld County Department of Planning Services and Weld County Department of
Public Health and Environment have not been able to substantiate any active violations at the A-1 Organics
Rattler Ridge Organic Recycling Facility as the windblown debris has been mitigated and no odor violation was
found. At this time, the facility appears to be in compliance with USR-1285 and no further action is warranted. It
is at the discretion of the Board to determine if the facility is in compliance with the Development Standards of
USR-1285.
Regards
Michael Hall, Planner I
November 9, 2018
PCSC18-0006 Show Cause I A-1 Organics
Page 3
November 12, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Email: mhall@co.weld.co.us
Phone: (970) 400-3528
Fax: (970) 304-6498
A-1 Organics
c/o Bob Yost & Chris Skelton
16350 WCR 76
Eaton, CO 80615
Case Number: PCSC18-0006
Legal Description: Being a part of Section 36, Township 3 North, Range 64 West of the 6th P.M., County of
Weld, CO
Dear Mr. Yost & Mr. Skelton,
Notice is hereby given that the A-1 Organics, Rattler Ridge Organic Recycling Facility, located at 12002 County
Road 59, is scheduled for a Show Cause hearing before the Weld County Board of County Commissioners on
November 19, 2018.
The Board of County Commissioners will review the Use by Special Review Permit at the Show Cause hearing
and establish whether or not the facility is in compliance with specific Development Standards of USR-1285.
The Board of County Commissioners will take specific action regarding the status of the USR, such as
dismissal, suspension, revocation, etc. The Show Cause hearing is continued from July 11, 2018.
At the July 11, 2018 Show Cause hearing, County staff stated that the trash/debris mitigation measures have
been largely successful. At this hearing, surrounding property owners spoke about continued windblown
trash/debris despite the fencing plan and restated that there was an odor issue. Additionally, new complaints
regarding flies and off -site groundwater contamination were brought up both prior to and during the hearing.
WCDPHE staff also noted excessive flies during site inspections. According to documents submitted by the
complainant, the site does not have water cleaning, monitoring or diversion controls and water samples
conducted by the complainant and violator both identified concerns.
However, because flies and groundwater contamination were not reviewed during the initial Probable Cause
hearing, they were not subject for review during the July 11, 2018 Show Cause hearing. The violator requested
a motion to postpone the Show Cause hearing to adequately notice interested parties and prepare a response
to the complaints. The Board agreed and determined that a separate Probable Cause hearing was needed to
establish whether evidence exists to determine revocation of the permit on the basis of non-compliance with
flies (subject to Development Standard #8) and ground water quality (subject to Development Standard #4 and
#20). The Board continued the Show Cause hearing to November 19, 2018.
After review, WCDPHE did note that flies were an issue on -site; however, A-1 Organics successfully mitigated
this concern by reducing the environmental conditions that support flies by frequent compost mixing and using
parasitic wasps and limited pesticides. Additionally, the Colorado Department of Public Health and Environment
was responsible for determining whether a groundwater contamination issue was present. WCDPHE staff had
conversation with the CDPHE, but no documentation was submitted to substantiate this claim. WCDPHE also
reaffirmed that there was no odor violation and that the windblown trash/debris had issue had been resolved.
Because the flies or water quality issues have either been mitigated or not substantiated, the second Probable
Cause hearing was not scheduled and the November 19, 2018 Show Cause hearing will only consider
windblown debris. While odor was discussed at the original Probable Cause hearing on April 16, 2018 staff was
unable to substantiate an odor violation as the readings were all below a 4:1 dilution threshold (D/T).
PCSC18-0006 Letter I A-1 Organics
Page 1
The Weld County Department of Planning Services and Weld County Department of Public Health and
Environment have not been able to substantiate any active violations at the A-1 Organics Rather Ridge Organic
Recycling Facility as the windblown debris has been mitigated and no odor violation was found. It is at the
discretion of the Board to determine if the facility is in compliance with the Development Standards of USR-
1285.
Please let me know if you have any questions.
Regards,
Michael Hall, Planner I
PCSC18-0006 Letter i A-1 Organics
Page 2
•
•
•
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado. Weld County Administration Building. 1150 O Street. Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act. if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E -Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E -Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
DOCKET #: 2018-66
DATE: July 11, 2018
TIME: 10:00 a.m.
APPLICANT:
A-1 Organics, Rattler Ridge Organic Recycling Facility
WJW Properties LLC, dba A-1 Organics. c/o Bob Yost and Chris Skelton
16350 CR 76, Eaton, Colorado 80615
REQUEST: Hearing, PCSC18-0006, to show whether good cause exists for revocation of Use
by Special Review Permit. USR-1285, for a Solid Waste Disposal Site and Composting Facility in
the A (Agricultural) Zone District
LEGAL DESCRIPTION: Part of Section 36, Township 3 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
ISSUE: Whether or not the Permit holder is in compliance with the following:
13. Waste materials shall be handled, stored. and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
DATED: June 26, 2018
PUBLISHED: June 29, 2018, in the Greeley Tribune
Affidavit of Publication
NOTICE
Pursuant to the zoning laws ot the State of Colorado and the Weld County Code, a public hearing
will he held in Me Chambers of me Board of County Commissioners ot Welo County. Colorado
Weld County Administration Budding 1150 0 Street. AssembN Room. Greeley. Colorado 80631, at
the time .specified.
If a court reporter rs desire°. please advise the Clerk to the Board. in writing at least five days prior
ot the nearing. The cost of engaging a court reporter anal( be borne by the requestingpary In ac
cordance with the Americans with Disabilities Act, it special accommodations are required in order
tot you to participate En this nearing, please contact the Clerk to the Board's Office at (970) 400-
4225 poor to the day of me nearing
Tne complete case file may be examine° in the office of the Clerk to the Board of County Commis-
sioners. Wel° County Administration Building, 1150 O Street. Greeley. Colorado 80631 E -Mail
messages sent to an individual Commissioner may not be included in the case file To ensure in-
clusion at your E -Mail correspondence Into the case file. please send a copy to egesicic@c
o.weld.co.us.
DOCKET 0: 2018-66
DATE: July 11, 2018
TIME: 10:00 a.m.
A PPLICANT:
A- I Organics. Rattler Ridge Organic Recycling Facility
WJW Properties LLC. dbe A. I Organics, c/o Bob Yost and Chris Skelton
16350 CFA 76. Eaton Colorado 80615
REQUEST: Heanng, PCSC 18-0006. to snow whether good cause exists for revocation or Use oy
Special Review Permit, USR-1285. for a Solid Waste Disposal Site and Composting Facility to the
A (Agricultural) Zone Drstnct
LEGAL DESCRIPTION: Pan at Section 36. Township 3 North Range 64 West of the 6th P M..
Weld County Colorado
ISSUE: Whether or not the Permit noider is in compliance with the following
13 Waste materials shall be nandlea. stored, and disposed of in a manner that controls fugitive
dust, blowing debris. and other potential nuisance conditions
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
DATED! June 26, 2018
the ►rrbune
June 29, 2018
STATE OF COLORADO
County of Weld,
I Vickie Garretts
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
ss.
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy,
has been published in said daily newspaper for
consecutive (days): that the notice was published in
the regular and entire issue of every number of said
newspaper during the period and time of
publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the
first publication of said notice was contained in the
Twenty -Ninth day of June A.D. 2018 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Twenty -Ninth day of June A.D. 2018 that said The
Greeley Tribune has been published continuously
and uninterruptedly during the period of at least six
months next prior to the first issue thereof
contained said notice or advertisement above
referred to; that said newspaper has been admitted
to the United States mails as second-class matter
under the provisions of the Act of March 3,1879, or
any amendments thereof; and that said newspaper
is a daily newspaper duly qualified for publishing
legal notices and advertisements within the
meaning of the laws of the State of Colorado.
June 29, 2018
Total Charges: $17.27
29T" day of June 2018
My Commission Expires 09/28/2021
KELLY ASH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174040535
•
•
SURROUNDING PROPERTY OWNERS
PCSC18-0006 - A-1 ORGANICS, RATTLER RIDGE ORGANIC RECYCLING FACILITY
NAME
ADDRESS 1
CITY
STATE
POSTAL CODE
WASTE MANAGEMENT CORP
PO BOX 1450
CHICAGO
IL
60690-1450
WJW PROPERTIES, LLC
16350 CR 76
EATON
CO
80615-8705
COORS ENERGY CO, C/O KE ANDREWS 81900
DALROCK RD
TX
75088-5526
ROWLETT
PO BOX 2176
GREELEY
CO
80632-2176
GUTTERSEN RANCHES, LLC
AGPROFESSIONALS
3050 67TH AVE
GREELEY
CO
80634
CERTIFICATE OF MAILING
I hereby certify that
Case
I
Number
have placed
a true and correct
PCSC18-0006, in the
copy of the surronding
United States Mail,
Dated
property
postage
the 0th
prepaid
ay of
owners
First Class
n ,
in accordance with
Mail by letter
18.
the notification requirements
as addressed on the attached
of Weld
list.
County in
Stephanie Frederick
Deputy Clerk to the Board
•
•
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/20/2018
3:36:40 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
(D// 770ton
Property Owners Within 500 ft of Parcel # 121536000001
Date
Account
Parcel
Owner
Mailing Address
R4974286
121535000008
WASTE MANAGEMENT CORP
CIO WASTE MANAGEMENT
PO BOX 1450
CHICAGO, IL 606901450
R4974386
121535000009
WASTE MANAGEMENT CORP
C/O WASTE MANAGEMENT
PO BOX 1450
CHICAGO, IL 606901450
R0922501
121536000001
WJW PROPERTIES LLC
16350 COUNTY ROAD 76
EATON, CO 806158705
R0922601
121536000002
COORS ENERGY CO
C/O KE ANDREWS & CO
1900 DALROCK RD
ROWLETT, TX 750885526
R2614803
121731200004
PO BOX 2176
GREELEY, CO 806322176
GUTTERSEN RANCHES LLC
R5051386
130306000001
PO BOX 2176
GREELEY, CO 806322176
GUTTERSEN RANCHES LLC
R5066186
130501000005
PO BOX 2176
GREELEY, CO 806322176
GUTTERSEN RANCHES LLC
R5066386
130502000001
WASTE MANAGEMENT CORP
C/O WASTE MANAGEMENT
PO BOX 1450
CHICAGO, IL 606901450
Parcels: 8
Owner Records: 8
Page 1 of 2
•
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/20/2018
3:36:40 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 ft of Parcel # 121536000001
•
•
Signature&Ater° p
Date
Parcels 8
Owner Records: 8
Page 2 of 2
CASE NUMBER: PCSC18-0006
OWNER:
OPERATOR:
FACILITY:
COMPLAINT:
WJW PROPERTIES LLC
A-1 ORGANICS
RATTLER RIDGE ORGANIC RECYCLING FACILITY
BLOWING DEBRIS/LITTER OFF -SITE
LEGAL DESCRIPTION: PART OF SECTION 36, T3N, R64W OF THE
6TH P.M., WELD COUNTY, CO
LOCATION:
EAST OF AND ADJACENT TO COUNTY ROAD 59
SECTION LINE ROW, NORTH AND SOUTH OF
COUNTY ROAD 59; WEST OF AND ADJACENT
TO COUNTY ROAD 61 SECTION LINE ROW
Vicinity Map
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USRs
USRs
uS.R=116:6
PIPELINE 2"
USR-966
LANDFILL
SU P-N6Aivi
COAL MINE & ASH
DISPOSAL PITS
USR-1160
COAL MINE &
WASTE DISPOSAL FAC
--SUP-439
ELECT SUBSTATION
&1-15 KV
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USR-1285
LANDFILL
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USR-987
OIL & OAS
FIRODUCTION FACILITY
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US R-9 6 9
COMPRESSOR STATION
NATURAL GAS
Imagery
Imagery
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WASTE
MAN AGEMENVQR?
121535D00003
WASTE MANAGEIrI ENT
CORP
1215-35000009
COO RSENEROYCU
1215asOO Boot
WJW PROPERTIES
LEG
12157360000M
• DUTTER._EN
RANCHES LLC
1108D1 DO N5
GUTTERS -EN
RANCHES LLC
1217.31200004
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USR subject
The Site Specific Development Plan and Use by
Special Review Permit is fora Solid Waste
Disposal Site (Composting Facility) in the A
(Agricultural) Zone District, as indicated in the
application materials on file and subject to the
Development Standards stated hereron.
Development Standard #13
"Waste materials shall be handled, stored and
dissosed of in a manner that controls fugitive
dust, blowing debris and other potential nuisance
conditions".
USR-1285
Recorded 7/30/2001
it194�4 i44r41i14aUt1l7tititli�l� tItlti 4141 uiI'ir \v1
I IF 1 R t0.� a o-ie vied emit `A
SITE SPECIFIC DEVFLPQMENT PLAN
SPECIAL REVIEW PERMIT
nFVFt r1PM WT STANDARDS
LAMELAWU, INC.. GBA A-1 ORCANIGS
USA Aer285
I. Ma %IS Saamrn Mb inhaled Prat, trod lMn .yr Avon'n!
!barrow Permit la fan a Sold Made gismo) Life
C 241414,111I214 Traci llty 1 in raw d (arJad/hrd.1 Toad
Oftfrinf. Ad lid:MMd ,h +le rm. tea -04m- nnfnrTnJa m t 1 ip
amt at tract to fee QrtJeowrf a$terrdavm sf9t$d harsh,
:. .Th' mt ur ntis pion Iraq/ ar'eaie C Vera prefer,
r Tyr via-YiirM fn Gt4 ten OA nt }Pan Sold fln.my ton frg
Ord7nalma
5. Tin nrare Of Q ratrtli one WNW SOWS a Oder. tram 51U117.JJ.
ire �:-'.CJ p -r.
6. Situ. and fear( triad shall awry NJfh the Mettle 'an.
steno ra railed wv retuJatiais or me COa'X'a(P. Qdpertaiiir
1r? Mon Iffy rind ten rci-..nnt. +fe tremor dun Iry ecntrof
Camigatoa. the err Panora Cana Phaeton. end Me
wadi ICON C11V adfr)aila,e.
6- 1? as -110 five .yM'rt*M-, r nnffvr•Ion n. .0119 fSK'rl'fi•
Infcreratlan is nvaolad that diction fife carentiy hald
w+JtPt t'Y we alit& 'VI& Hu trenait JO76rWla as Walla
ltrfapanwn! r.r,.r,t;el tag the ten. wmaa fonar+rrrrt pc titerla
!#.fairh and r»viro,asn• rev regutar rod'fd-4tlens to the
Onlfin Rid .rpe'•Ot steel Pre,. ', aeddriare rectrearor-y prawn
fin? the Cloi'ora li Deatrhwa! of PotrJIa ffiJnifi, ant
evetrameat era/ Inprerient n ltnf *titre soy 0180 Neatt.lmmeiira. ar n;e eod Marro Ytetflfo it Pin 4 r/ fry Oaww' lilt
Carrot Fens fiat.
g. m fcorllty one 1 catty rleh the ReauJeftme
ra-rufeirtio A& Sea fa aatdls ete.new. St Ise 4. .5 flag l'tam
C S !CR 100? -2 1 arcrndaatad aurnaar* ea 4he tnlld erstt uth
Sssflon .59. Artleie 20. pert t. C.A.S..
•• rho nwrl•la uair !to gent l ud r.r cr t.a.tm- tyrrydrpt
i1JaSTl,w gait In am,ordalar WPM its aenrrr halt Orw+ dkt+ecrn+
Plan at a' 1 Oast. Addlteonef dun eaote,neat neesaraa anal r
Le sreviaut.ted ui oho toyama an it... ISO Q.ryJifJ-grow hiw'1
of Public #Thalth and FnvIrmrtnt In Me Throe 1+ re
determined that dfsdi 'n a auTamce eendtiran.
♦, tt.. +Aare ofa eels !no nixie ..+err h, ter •IWrn- fu ViFttl' er
filen In aoreaMar la Wig, fen ebz.,mmon rile lanramtrt- Mod.
AdlttFada' try anrrfro' 150CIsteras Mate se nrpeenlet»a err no
t•ofao/ cr. Sc. Wald tea its Owns tent of Purl ice New We gnd
Enrrrotnnot In +ha awn+ Oaf fl ear era in Amen R a.a+(Rr to
tie orinfored a wtermas oonet+ion, Tem pram arm ' also to
f.yrrtng.at a Lr tie 'roil ON POW CwTN7 DwarhmvY ct
Flo rla Woolf) rid Fnr'r•rtaasn4 ~ohm. n nfatlrlcrist raanrr
oP fly eupfotnfc assaotated wtmfad 'Jiy .tide. en the
J.FCr4.ort td t! V waters a,wtrr Mvl fir O'Ylcsr, ,flare exJJrfal v
fJ/ rvrell•)fn rnaeerras nhetwr Bret.
t. TM Yoo r+) aralr Se operated in a ma -or mfr usetreei4
cider f.a know rlsiw wt "to ttr Sur Otter/ atkr 4 -creosote- flan,
Them. rw•trttA M9 warn 'Ka r rot e4M.wl the Eawr elf
slogan-•ta-ey',d direr tan enesi'fpld. a raaea 94 PtirtIirtrt t4
Arlalvirrn 1 of Tiro Cokracb Mr tbllu'J17e Corrrraf ardenmraas.
Aeti,t Inner' Tres t trttnrr.nt nrnirne moil'! eta !.:-uIcWiled
at the '*sat of t'I3 able Cc0,Fy 17start:ans of aedJto
Nen1Th and Fnvtroman- in `no want oar Jsro1a Unarm;
riff Mee aF th. 4nnrl--ty Roar rr oxea(.d area Jar01 0?
fIfttefr-t0^rl9 COILS!. NO theageOld milt :n the J4d0arsvlt of
rn, rend Coverte Yetalta tr.ori tSra. ixr6T& at mar
n n'.dl t Fna rl JTe Inc eSafapdn4.
o•Ihle fxxt'Tty thoJ r 04TIente td lift tAertnar Pen latlela
n ano tenla alarm .n Erie' +nosier tar pale at at f.FWta0 fn
Sottiae Si5-tprIO . ?..t, 5. .
l.Thr *.het fed lteelor Wertdtl alie and tacetray awn Oa
r2Orc71ar n Ot,PJltrtad W M Tway solar a Part ennee.Oo MOM V
drop t1 age to +Jr PAj tilt: en ramrod el W dl On Ott TNr
Cot ot'OC9 dopar'ttrenf Cr, Fes: it IMAM and errtln n s,rt.
'L.Ita onram7nr 4Iafaare Or IWS,'aa anpll aS pefWIrt9O Ot
.JAY also. lily 001 rd Iasi•. elTir flion &hee te.tts ditfv& b.
towns -P.M rE ataflrnd in flu Raaulctlaw perMining is Salta
gone 111800.01 Sian 6rralpnrlf MPS Ca call 1X'T-? fl ailed
ri' do lorn5Ar. nt ifw R 'fa eel he nryt 41 ',own Pr m
an.Travv2 .carlter7 frarfflll.
-a.dl7dte afar brio at(W is CO aancu tr stand. um unposed
n? Jn n tuYiS..r ihrf rani -Ten Apr it uy dnr+. hinrrry martS-
ont attar paretic r Worn ooedltrsnr.
'4• ITIs ttlI ti amlTal 'ICO I Iro are propene a^Jy Iran
nnMrl nlc fire► ern resnrih.d In tsar .,frnt4f4d tple:tyt ton
liverenals defer .uty 24. 204' 7h9 bb'd Carney 9.neetnnn a
ter PLO NO Neel m tmd U1Q'?d atrent, ales 1•1131111 150 sort -row ono
ihn tnlmtntr fetneene.f .rF P.1.rle Moll ill, oni enVirerewl'
shell bb eofifled 111 wittn1npri of cry addiltaml mterhare
proposes oar aa0Fadr trip. lin7nn 021:3rovad TO p'r5CI0a W'Tr
e tronafJnr cowl) 1.4 ct airid +},am Oho re rd Canfv t'aaar eminf
of Pet Ida wealth and enveron,ent dad the torn -cat $cp rnxnt
o f agile; farm axe inverorterit Cr r7f to r•900tp Pt Mee fa.
water Jo. Libra 14M . afern.4ion fdaei l haflea aaraticool
prooc' me and weeps propearse,
'-F fa,ai -QQII'' mall Ds porna at tree tots reef dnt•+dioe.
Flat 14th She? I be a Rf: ninon of Ono Root FR Thar. vela sirs
Tp't in anon. trio atel end+ r *Mfg •ire fottenari:
+"*'e of wont ,m
0. is,. P9 wale F:y.
•eaAh s7drvieleei Sumo OTA2aeoal SiDON neleierS dno n 16 r-xru Fredd-Forara?
aeon, n'Maffird WWI WIWII rogrtri ? oe +rO ayorpro SSI di -6i it
De IFvt2t'6d act rdIm it The Iitd Lanny LS.D.5 Aeoalarlarns.
A taut s,•atarafalJ es aosovtd'ft. If a malt le Mete leak
rIapJnp racy -4l anal f tad hoist Fir raw teal. A ps-*e6 to for lot
fact Illy 411011 b:• b'Orhefidatd wlntztA�ea at zit, until
GGoa . tiea ant I.S.P.S. to intoned.ap Pat Lma1I io calOIryo4oa rn O.rec na With
fill Vocal %Jxtrpp >c4 artei9n 3ha•f had been ravta,rgni
CtOrcvai D'/ IN !old Ca.r1t.j Daac-Maei of Pat ISM. and
En" 114rugnt cad 11fa Coro/WOO- 9atdvfttlat Of sub f b.. • "= did
FM trOnc,1t. I 0' J ara 17o alba-had to itJm 7ruld',r.•rtyy
oaaarltre r of 5c ?cartel and in liana tt and the C7farrag
Npe*rortr of /•, .!t Potter +M Cr.-1r'ahrtws+ -nor to the .Too
dtXh mIXl4a pcd mot deworatrvfaa the sad 1e as oanstraafod
NI ctoa-dorm tilt( the wwoY ei inflate pod ddarp,•
:a 1' JIaJIAD eta :rn-1yJfaa War 2.0 abldd as d
Oeitvldted arx'rtra Did.
19,41' alarm wattar ihar hap atm refs canteen' With meta
Tear I aid Oh tM al( -0 Mail 11d odtri18d oM1 Via art... an tt.a
overt thri era nt orator to not araduoraly aentroltsd at Jim
ol'a. (pan bri•ten aoy1footlen fraathe Maid Caney
tJryerfiavrst of Au6I la 1'aarth and try eromv.t or fn4 Oaia-ao7
Dwortlmrer DatllJ Pootth and Ervrrmttttr rt. aass reneesies
elee'Wide S lots Safer an . is envoi Fed
rma map- rd- th, of on carat do overwrote in rr+finer Ow:air
ter ItYl Janrliaf'ar Dr ,he bbad dowry t acrot c rt of PLpr. a
IeolS aid ErnrirMagrIt Ole IN trOrc.'Qard PeDernitl ,tf Of •Pnbrdo
Woolly, and Cmr'rumn..
20.mr rapt! Pry &boil ata,pIi vier the approved 3tYJ and
[rap arrer boar icnnp ;flora.
rr-Ana budhc fgy/dc- am 4wni.gpl7914 ♦tat Pre n+rOa 4.. +J'•J
slleeftsl l be 0[064 In Profaners finer ant> sifh the
ilrlaer.Qrat1nd 5tarVQe Att. Ord 4DONa I1'OMO &"WOQ)
cgyip&ienc dt SCA 1701-t4: 'r :n 44af,J'wrr Met I'cw
resolved the w'Iftele toorovoi of she held taint, Dearth -ant
at rtatie mown one lnvlrenvanr. This ?g nor Ewe to
fnol.,da floe Agate 4'f ot'nl'9VJ Fop +ha•+ rata Ness
S namparcnsd !ate the ooipaetlnq pveasea.
22.411 oan67rtrerrdre On tfat property Mari by in cgdrreppop
.,stn tin, egad spin a t'vlldlnp Coda 0rdlnarmr.
23.mr prgtertyr awry or operator ahaa t De faetar'alafe Pr
eaetplyled a to 116 Jatrpw :tmt59-es Of Sgot: or 74.E or 'hg
NOW Cwnry zcnfre 7r+Jecnoc
2d. The prgaartyf inner or owner 315611 be reseasecea•state far
pa
ca,teat min era aperarlen Stlroder 9 of gptr4T 144 Of
Fhc lido Canby 3onrr,r Ordlnanw
PS.aer&e nbe lrta the lewd Calf, &apa•tlmnt o.' fear pq
bbalah ate E'1,r'rwu ant aid Pills SQrv1 4 ants De
orwoford PPa4a^ .na4 DrPW"sr a+ try roMdra4Ja fire rd r ..Cr
toa erata'e tie Ii vrtlar aortae bur ea re properly poply
writ fns yaw Paptpat flaakrott 014'69 Wait* aryQ tl!d
asJ trade rah! County rtietx•lortortll.
26, The Lao IV SJae ICI AOINOr Cen 6l'gd M WOO f0 We
DIRYll Wain WSW and 9*ttr'iled b9 s ftrovoined elmrhraa
and ell err rlorbro Pala eoanty ro itor lane. atataIrae•
i fee clone Or C'9Y9f pntft tfOlda at a ehatm or
rrgtlre trio 447r2ireJ of an mwSc'snr of !J1a
'4a'ta.rr or Ho 'a to J atnt, ?l.rrt.n9 to i?aal rie'O a scale ac.ar
gg free 1*4 OEO.r't a taw rccAbif stmdat'ra are
71Nri t60• 4J4Y c olgrJSae anal! at filed m Fix off:aa
of +am 3cc rn,int or hiannIn7 Sar.l444.
fl-1Tt p0yreaa tyy cr'w Qr a*,r c tr 611W t bit recoonarafc 'Fir
captylra term all of fire teroatinp Oeivraanan+ SlmCards.
gfa,earplttgaxi Ylm any. r Aha Rropoirp a5Yv1.L'nio..!
9atT aF taiPt ower: Can ilzslf 8 ria.v, ion of the Par6tit sr Nn
RATTLER RIDGE ORGANIC RECYCLING FACILITY
Spccio/ Roy/sw Perrn± OSP - 1285
+} / r'� _51/F PLAN
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A PORTION OF SECTION VN 36 , 1 . 3 Nt ,� Re 54 {e p OF THE 5TH H P d M•
COUNTY, OF WELD STATE OF COLORADO
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Area
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PLANNING COMMISSION € LR1 II- JCA Jr ILiAr
Thrs is to cert'fy that The !:'3rd County Plannino
Cammiss icn has certr •f led and 6:es hereby recommend
to the Doord of County CorrmLsstonersi Word County
C,toradot for it's oorrfrrlrot;c . cpprovar and
odpotion of fhls Site Specif;c £eveloprrent Plan and
Use by Special REview as Shown and .dose''~;bad thereon
t'rn r3 17 day of liar
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•
Ct'ofr. Nolo County -Mani vg Commission
BGARD or COUNT? COMMI SS I ONE RJ
C€RTIr WWATID1V
Thia a la ld o curt 1 fy rho/ the BF'vwr tt elf County
c,•px rPiss i onerst 0810 :oJnty, Cef orador doss
hereby confirm and ochre frs Srfe .SpFclt'ir:
Fer'r'o1vpeffenl atop ono Use by Spatrat Periew
and Q. e l openent Standarc's +j ,how, and
dQscrr dad hereon this /
ei
r n7r. Rnard n' cninty
y.� .f I ti -: if/
.+.6111 .4*,tffe f ffrra
;" Veld C1;3i my CfSink to (rte
f /fj
1, ra'�'' 1)Ca sta▪ te$
beauty Clerk to ,hie Rc old
PROPERTY OWNER'S CERTIFICATE
iha undere lgnea moiler property owneris i do
hereby ogres tc the c i to 5pea i tie 0ev9: op9mant
Pion stied Jse by Soecia, Review De•reioaernent
Standards as described hereon this day
of , 2009.
ay.
Do tad:
7-4,0 _ c:Jr
Soc?O 1" = 300'
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S i rgnature
Complaint History
� December 1,2017- WCDPHE conducted a scheduled
inspection. Staff noted that debris had left the site
boundaries.
� January 18, 2018 - WCDPHE received a complaint from
neighboring land owner about debris blowing on to their
property from the A-1 facility.
� January 19, 2018 — WCDPHE conducted a site visit and
noted debris leaving the site.
January 25, 2018 — WCDPHE issued a letter to A-1 outlying the
debris issue and a timeline to comply with their Development
Standards.
� February 25, 2018 — WCDPHE received another complaint
regarding blowing debris and odor.
Complaint History Cont.
• April 16, 2018 - A probable Cause Hearing was
held before the Board to address the blowing
debris which falls under Development Standard 13
of USR-1285 which states: "Waste materials shall
be handled, stored and disposed of in a manner
that controls fugitive dust, blowing debris, and
other potential nuisance conditions:"
• The Board found that there was sufficient probable
cause to schedule a Show Cause Hearing.
Response Actions to Complaint
May 1, 2018— Fence is required to be completed.
WCDPHE visited the site on May 412018. The fence was
completed and debris cleanup continued.
15th of each month — A-1 to supply status reports to
WCDPHE.
An update was received in May and June outlining site status
and debris cleanup.
May 15, 2018 -Submittal of A Debris Control and Abatement
Plan to the CDPHE and WCDPHE.
Approved by both Departments.
June 8,2018 — WCDPHE conducted an inspection of the
facility
The Facility was found to generally be in compliance.
Pictures
Before and After
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Current Situation
� The main debris fence along with 2 additional
fences have been installed.
� The debris has been removed from
neighboring properties.
A more comprehensive debris control plan has
been submitted and approved by the State
and the County.
� Facility was in compliance with most resent
County inspection.
t
Current Compliance Condition
• Based on site visits and documentation
provided to the County, it appears that the
site is now in compliance with Development
Standard 13 of USR 1285 states: "Waste
materials shall be handled, stored and
disposed of in a manner that controls fugitive
dust, blowing debris/ and other potential
nuisance conditions:"
POTENTIAL SHOW CAUSE COURSES OF ACTION:
• DISMISSAL
• CONTINUE TO LATER HEARING DATE
• SUSPENSION
• FINE
• REVOCATION
• INJUNCTIVE ACTION
Section 2-4-40.a Weld County Code: Where the Board is considering the revocation or suspension of a
permit or license, including but not limited to uses by special review and permits issued under Chapter
21, but specifically excluding liquor licenses, the Board shall consider evidence and statements in
mitigation and in aggravation of the violation prior to determining the appropriate penalty. Such
evidence and statements may relate to and include, but not be limited to, the following:
• The compliance history of the party against whom the complaint was made with respect to the permit at
issue or other County -issued permits.
• Good faith efforts on behalf of the person against whom the complaint is made to comply.
• Duration of the violation.
� Economic benefit of noncompliance to the person against whom the complaint is made.
• Impact on, or threat to, the public health or welfare or the environment as a result of the violation.
• Malfeasance.
• Whether legal and factual theories were advanced for purposes of delay.
• In addition to the factors set forth in this Subsection, the following circumstances shall be considered as
grounds for reducing or eliminating penalties:
• The voluntary and complete disclosure by the person against whom the complaint is made of such
violation in a timely fashion after discovery of the noncompliance.
• Full and prompt cooperation by the person against whom the complaint is made following disclosure of
the violation, including, when appropriate, entering into a legally enforceable commitment to undertake
compliance and remedial efforts.
• The existence and scope of a regularized and comprehensive environmental compliance program or an
environmental audit program.
• Substantial economic impact of a penalty on the violator.
� Other mitigating factors.
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