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Home My WebLink About20180634.tiffPAGE OF DOCUMENT Il ly U . O LJN PAP 1 FILE STEWART ENVIRONMENTAL CONSULTING GROUP, LLC ENGINEEMINR LIFE February 22, 2018 Ms. Barbara Kirkmeyer, Pro-Tem Weld County Board of Commissioners PO Box 758 Greeley, CO 80632 Subject: Al Organics Project No.: 4903-001 Dear Mr. Guttersen: REMAJNDPR RETAINED CTRONICALLY IN TYLER. RECEIVED WELD COUNTY MMISSONERs 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 Etcheverry, stated that odor issues were in excess of the 748 WHALERS WAY, SUITE 21 ❑ CCIOn Inn n G�--art O S O t(C) 5 l am FORT COLLINS, COLORADO 80525 970.226.55❑❑ CONSULTING ENGINEERS AND SCIENTISTS 970.226.4946 PLC inref) J'rpS, cam,eOLr e), £.Hc�E �..9..�, C -re c T3) 2018-0634 PL.o€1-31 €31 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. A►s 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 Airs borders. 2. All wet and odorous feedstocks will be mixed with proper amounts of dry bulking agents immediately upon arrival at the compost site. 1. 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. S. 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: Odors associated wit the composting, process iil be controlled by utilizing a cornbinahnn of aeration and capping techniques. Capping materials consist of finished unscreened compost ail for ground wood atenals, or a combi nat cn of both materials_ Al the conclusion of each day, new material placed in windrows will be capped nth a minimum of 6" of capping materiat Completed windrows will be allowed to process without disruption for a period long enough lb ensure that significant odors will not be emitted !when they are turned or lipped, Ire-ves ! systems include controlled air systems to dead wilt), odors that Nod id be Included in In -vessel riper tion a.i plans should They be used As needed, windrows will be aerated using industry standard equipment or front-end loaders l ensure that aerobic conditions are maintained within them. Itf additional wetting agents 'such as waste beer are added, tare will be taken Ic avoid pardinq of liquids. Any free liquids noted on the site MD be absorbed with wood 'materials or remediated with a front- end loader:. if excessi or noxious odors are detected onasile the operator will locale the source and iniplement appropriate steps to et minate them. OFFSITE If odorexess of regulatory requiremfints are dccumer vied nfissite, or if odor complaints, or i iat lRaton of off -site odor is received, the Operator will act irem edialSy to deta-mine the source of the olio( and take remedial action RetnediatIon act v ti s wiIG'consist of aeration, additional capping of materials, application of de- sizing materials at the source, containment in an inavessel system, removal of material's from tine 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 n eed 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 e nforcement 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 o peration. 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 sit very seldom hat Ity problems_ Usually any materials frhat may as5ocisted with flies at feedlots or waste freatn.e t opera lions are nut left laying about to allow kr fly breeding, At a compost tite .thse ri are immediately mixed the _ initiated. -inn 7 �I axed And compiling � * lees vl � J� i t usually Soo hot for flies or has been processed thepoint where they are deprived of available (o i t , These are SO a 'Few of the reasons composting n is the method ' of choice for waste treatment The Fly Management and Abatement Plan Lc as follows .. Windrows will be maintained at proms cornposking; temperature. Temperatures of 45 to 6adegreesi C are not acceptable breeding temipex-attuzes for Ries., Zr Wet, high nitrogen feedstocks win NI immediatelymixed with being agents and placed into compost windrows. 3. Wing pads will be scrapedanti cleaned to the best ode possible and a thin layer of bulking agent added toe mixing floor, if needed, to d' e� up arty remaining liquids or wet at . 4., Piny spills of wet la a outside Qf the :nixing area will be immediately cleaned up. 5L If flies stouild become a :probes Al personnel will perform one or all of the following procedusct a- Determine if the fly problem. 1 due to onsite materials or processes (anaerobic teal, wet are a„ or rotten bulking acent), If so, corrective action wit immediatelymkerra "fix" the problem (aerate, mix, or add a bulking a . t per).. b. If the problem. to he seasonable and associated with the. mixing pad or bulidng agent storage' ,area, Al will initiate an Integrated Pest Cooled, - project using fly toara5ites Wasornia tritripennis, Mitscidifurraapt r) purchased from The So nice? .Redditg, CA or equivalent. The fly parasites would be released at the dosage recommended by the grarArer. A fins! and last resort step would be to stay the site y: .th an approved tura! fly control. substance pulsed at the local Coop_ However, Al would not envision this step being tom., as file 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 iiricek — 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 March 1, 2004 Bob Yost -1 Organics 16350 WCR 76 Eaton, CO 80615 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) 304-6112 PUBLIC HEALTH EDUCATION AND NURSING (97t?) 304- 6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES {97t}} 304-6415 FAX (970) 304-641 1 Subject: .-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 punose 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 12854 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 0/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 off teen -to -one dilution threshold or, in the judgment of the Weld County Health Qfficer, 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:ETCH\' ASTE tUer Ridge\O4O3Olador v1rA Uan notice.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, LiteCe4:474 Cindi Etcheverry Environmental Health Supervisor Environmental Health Services cc : Trevor Jiricek, Director, Weld County Enviromnental Health Services (via email) Roger Doak, Colorado Department of Public Health and Environment Glen Mallory, Colon& Department of Public Health and Environment Kim Ogle, Department of Planning Services (via email) Art Gutterson, 17506 Weld County Road 57, Kersey, Colorado, 80644 0:'tETCH\WASTERaUller Ridge‘040301odor violation ncatice.dac February 12, 2004 Mr. Tom Wilson Al Organics 16350 WCR 76 Eaton, CO 80615 Dear Tom, I am wriang to you today to explain a couple of concerns that I have regarding odor emissions -facility. FirsL it is my u ii Lip; �rstai- &hn � that theWeld County ��i�� your firm's Rattler Ridge complaint � 1 about Department . received an anonymous complaint on Monday, February 9th about objectionable odor emissions from this site. I want you to know that 1 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 the Rattler Ridge facility for over one year, I cannot see that any progress has been made in solving its objectionable odor emission problems. Earlier this week I had a conversation with Cindy at We Weld County Health Departments Ws my understanding that she made an odor wading of 7:1 dilutions -to -threshold on a county rod y Evidently, an odor reading at this level is not a neat the entrance to theC a tt:ler Ridge e facility. violation of your facility's p erne t (although I don't know this for a fact). It's my understanding that Cindy took the odor reading can Tuesday, February 1(1 .I also observed extremely strong odors at 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 lone; distance before ore they are • � , -from � F , �, �`lodor reading, � d t your property r t diluted. to an acceptable level. _[ know experience that a 7: I� p y line is not reduced to an acceptable level at my home, which is about two miles away. I am willing to work with you to help solve your fadlity's odor problems; however, at this point I do not know what I can do to Iwlp.. I do not know what my next steps will he, but I do know that this problem needs to be resolved as soon as possible.. Again, 1 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 It 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, Februaryl 1) 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 I. 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 Rattier 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 then. tocall Tom Wilson and/or Bob Tardy whenever they experience odors, Bob said that in this way theycould 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 mabe 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. a G. Dounay Attachment B Information Reviewed from the Colorado Department of Public Health and Environment STEWART ENVIRONMENTAL CONSULTING GROUP, LLC 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 WCR 76 a Eaton, Colorado 80615 Tel 970-454-3492 a 800-776-1644 a 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 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 .-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 -1, but also provide a consistent E P OP for -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, -1, the Department, and Weld County proceeded with completing the Eaton EDOP. The Craton 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 -1 Eaton facility EDOP has been approved, -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, -1-shall update the existing financial assurance bond currently Al Organics Corporate Headquarters: 16350 WCR 76 • Eaton, Colorado 80615 Tel 976-454-3.492 is 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 WCR 76 a Eaton, Colorado 80615 Tel 970-454-3492 a 800-776-1644 a 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 Fallowing are the revisions made to the Design and Operations Plan (D&O Plan) for Al Organics' Rattler Ridge Organic Recycling Facility in response to the revisions in the Colorado Regulations Pertaining to Solid Waste Disposal Sites and Facilities 6 R 100T2 (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 before4 We have taken our original language and plugged it in tothe 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 144.2(8): Updated information, • Subsection 14.4, (44s CDPHE revised heading, added new language to old languages Subsection 14.4.2(D): Added new language to update to current circumstances. The Waste Characterization Plan can be found in th.e Appendix. Subsection 1442(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. • Subseclion 144,20y New heathng, inserted new language. • Subsection/14,42M: New heading, inserted new language, The training guide can be found in the Appendix 1 Subsection 1444.2(K): CDPHE revised heading, The engineer -reviewed soil sarnpirng and groundwater monitoring plan can be found in the Appendix. Subsection 14.4.E(L4r CDPHE revised heading, made no changes, • Subsection 1441(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 14.42(Q): New heading, new language • Subsection 14.4.2(R): New heading, new language. Subsection 14,412(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 (MSAF). In book form, not attached. • Append iD: Standard Operating Procedures for Water Treatment Plant Residuals • Append IV: Employee Training. • Append V: Engineer -reviewed Soil and Groundwater Sampling Plat n book form, not attached. Append V I : Closure Plan • Append VII: Postaclosure losure Plan Al Organics Rattler Ridge Organic Recycling Facility Design and Operations Plan Revised September, 2010 INTRODUCTION This Design and Operations Plan (D&C 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 The Rattler 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 3W, Range W, 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 rind/or operational conditions based on this or previous D&O Plans, the facility will be operated per Section 14 of the Regulation, 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, ii, or ICI 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 facifity construction, composting or feedstoc k 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 previewed and signed by a professional geologist, as appropriate. All portions of the facility design and site investigations will be reviewed and seared by a Colorado registered professional engineer, Al Organics Rattler Ridge Organic Recycling Facility Design & Operations Plan Rev. September, 2010 Page 1 of 23 14.4.2 each Design and Operations Plan shall include, at a minimum: 14.4.2(A) Names, addresses, and telephone numbers of the owner andlor operator, and one or more persons having the authority to take action in the event of an emergency. Owner/operator Contacts Lambland Inc., dba Al Organics 16350 Weld County Road #76 Eaton , CO80615 970-454-3492 (Office) 970454-3232 (Fax) Greg k(uenning 970-371-0667 (Cell) 970-330-28C4 (Homy) Bob Yost 303-710-9121 (CeO) 720-685-9754 (Home) Kent Pendley 970-39'5-5295 (CO) 970454-592 (Horne) Chuck Wilson 970-381-4550 (CeU) 970-454-2953 (Home) 14.4.2(B) 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 twilit Physical Address Mailing address Legal Description Rattier Ridge Organic Recycling Facility Al Organics 12002 Weld County Road #59 Keenesburg, CO80534 Lar bland, 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 AlOrganics - Raider Ridge Organic Racy -cling Facility Design & Operations Fan Rev, September, 2010 Page 2 of 23 Nearest Town Keenesburg (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 paints 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 (CORE) and the Weld County Department of Public Health and Environment (WCDPHE). They were originally submitted in the D&O Plan as revised duly, 2000. Any additional changes reflected in this D Plan revision are included in the Appendix. 14A.2(p) Maximum facility capacity and description of the types of materials to be composted including: Types of materials to be composted The facility will compost or process Types 1, 2, and/or 3 feedstocks,, including but not limited to: agricultural crop residues, manure, untreated wood wastes, source separated yard, paper, and green wastes, animal material, animal mortaities, food wastes including all types of brewer's wastes, biosohi is, solid waste, processed solid waste, sludges, Tier I and/or Tier H water treatment plant ONTP) 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 fire. In February, 2007, the Cohorado 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 TENOR l criteria available. The guidance document requires a Class Icomposting 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 Der 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 gov°ernang authority and the CDPHE will be notified as detailed in the SOP of any new generators of Tier II 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 utiFFized 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 OCR 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 t uantities of feedstocks and bulking a eats The maximum volumes of feedstocks, icy -process, and bucking materials ion -site at any one time will not exceed 6,000,000 cubic yards (C?). Typical on -site volumes will normally be less than the maximum allowed asnoted 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. 14.4.2(D)(1) & (3) Estimated Quantities of Feedstocks & Bulking Material ► 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 CV per acre per year using aerated static pile composting. These volumes are based on the beginning volume of the composting unite An average bulk density of compost mixture is around 1200 to 1,400 pounds per CY. The total capacity of the site could be expressed as being able to receive between 1,500,000 CY per year (or 975)000 wet tons), and 6,000,000 CV per year (3,900,000 • fSl 4 tons). These totals would include both feedstocks and bulking agents_ 14.4.2(D)(2) Estimated Quantities of LiquidWastes: Additinnaily, the site could handle up to 35,00►0,000 gallons per year of liquids. 14A2p)(4) Estimated quantities of in -process materials, At any one time the maximum amount of in -process material would be equivalent to approximately Al Organics - Ratifier 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 Wndrow composting to 1,980,000 CY 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,C00 cubic yards of compost and 35,000 cubic yards of soil product, 14.42(E) Mass balance evaluation for feedstocks and bulking materials to determine an acceptable mixture for efficient cornpostiln g Feedstocks and bulking neater als will be evaluated to achieve a carbon to nitrogen ratio (C:N) of approximately 0401. Liquids will be added to achieve a moisture content of 4g -6O%, Feedstocks, bulking material's, 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 requied 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: Composting Process Descri, tion 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 modalities, and water treatment ;pram residuals. A typical compostmixture will have a carbon to nitrogen ratio of between 0-4001, and a moisture content of around 40-60%. Less moisture causes a retardation of biological activity, and greater moisture mayclog 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. Bulling 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, m rcronutrients 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 Al 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 r acronutrierits 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 Mended to provide an overaili 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. Compo trn l 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 bulking agents being blended. The mixing pad will be used for liquid or semi -liquid feedstock materials (La liquid biosolids, liquid food waste, etc.). More stable, drier materials (dry biosolids.,manures, bedding, yard waste, etch), may be either mixed on the pad, or on he processing site. Materials mixed at the processing area will meet at a minimum paint filter test requirements (reference to regutation). 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 wig begin. AlOrganics 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) for technologies utilized are contained in the Appendix. Biosolids will be mixed with bulking agents, and phaced in appropriate production MAP 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 chipstbulking 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 toensure no material is left exposed and creating any nuisance conditions during this process. Al Organics - Rattier Ridge organic Recycling Facility Design & Operations. Plan Rev. Se,plember, 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 irking 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, Noliquids will be mixed in below ground pits. Liquids will not be over applied. if poridinq 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 and/or 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. posting. technologies tall in one of several types of processes: Aerated Windrow OW) AVV composting is currently the most common type of composting procedure. In this procedure, feedstocks and bulking agents (if required) are b ended to produce the pre -compost mixture. The compost mixture is phased inn bong 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 tan, depending on the size of the loader used to build them. Once formed, the bacteria and longs present in the windrows will begin the composting process. The bacteria Wilt 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 pine 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 wOndrow_ Windrows will be aerated approximately 5-20 times before the process. is complete, Static Pile (SPJ and Modified Static Aerobic Pile ( AP) SP and N1SAP technology is similar to aerated windrow technology in that Paige 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 Des gn & Operations Plan Rev. 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 MAP process is used. Pile structure i11 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.). Rio -filter caps (ground wood, finished unscreened co , piles to help control odors J necessary Aerated Stalr'cPrltiA post, etc.), can be placed on top of the static ASP composting is very similar to SP compostFng 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 iair through the pipes into the piles when oxygen levels within the piles need to be increased. The air flow also helps remove excess moisture. Bio-Ater 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 issimilar 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 cornpos.ting can alto utilize accelerators, enzymes, and bacteria to affect the process. Aerobic and/or anaerobic digesters are a form of in -vessel composting. In -vessel corn sting 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, Vermiccp posting !fin referred to as worn composting which produces earthworm castings through earthworm activity associated with their consumption of organic materials. Al Organics - Rattler Ridge Organic Recycling Facility Design & Operations Plan Rev. September, 2010 Page 8 of 23 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 (SAP 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 State Biosolids Regulation #64 {5 CCFk 1002-64) Alter 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 (pavers) 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 soilh prepared top soil, mulch, potting soil, etc. Top soil and prepared top 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. All steps inn the production of finished compost and other landscape materials will be documented. Regulated materials (biosolids„ water treatment plant residuals, etc.), will be tested by generator with analytical information kept on site for reference. Analytical information wild also be made available to the iocal governing body as required, Finished materials will be stockpiled as required and then shipped to various markets via other appropriate transportation means, Waste Acceptance practice truck or Al Organics will not accept hazardous or toxic materials as defined by the CDPHE. Feedstocks and bulking agents will arrive at the facNty by truck or other means of transportation. After an initial inspection of the material, receipt of the feedstocks and bulking agents wi' h be documented. Documentation wiH 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 fol9owing "The generator/shipper hereby acknowledges that the material described above contains no hazardous or toxic material. A I Organics reserves the right to reject partial or foil shipment. The generator/shipper assumes all responsibility and cost for removal and disposal of any non - approved or rejected materials delivered to Al Organics facilities." Al Organic - Rattier Ridge OrgarCc Recycling Facility Design : 'operations Plan Rev. September, 2010 Page 9 of 23 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 charactenzation 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 (MAP) 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. [14.3.3(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., 114.3.3(x)(3)] Aerated static pile (ASP) composting process: all inapro+cess 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()(4)] Alternative methods of compliance to meet requirements of Section 14,5.4 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 recunion , 14.442(G) Description of an adequate system of barriers, fencing, or other site controls to prevent unauthorized site access: The site is boated at the end of a 225 mike 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. 14.4.20H) Description of site signage: Al Organics - Rattler Ridge Crgai.ic Recycling Facility Design & Operations Plan Rev. September,. 2010 Page 10 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(I) 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 fore off-loading on the site.. AU gates are locked when site is unattended to prevent unauthorized vehicles from entering the site and dumping illegally, 14.412(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(B)] Surface' Water Control: Surface water control features at compost facilities will be designed, constructed, and maintained: ji43.i(B1)1 To prevent flow onto the facility during peak discharge from a 25 -year, Um storm event (14.3.1(8)(2)] To control and collectthe on -site run-off water volume resulting from a year, 24 our storm event 1142.1(B)(3)1 To contain and manage leachate t1431iB)(4}i Such that all storm water/leachate containment structures will be constructed of a minimum of eighteen (18) inches of compacted soil or in -situ earthen Al 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 1X 10 cmisec [143A (B)(5)] Alternative liner designs, that perform in an equivalent manner to the ection14.11(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)(611 All storm wateri'leachate 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.I(B)f7)] 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 samp ing and ground water monitoring plan can be found in the Appendix. 144.2(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 dams to hold water which would not be present would be futile, Additionally, disturbance of surface materiahs to construct these impoundment structures would expose the area to potential wind erosion problems, The Qperatcr will be processing only nonhazardous and/or nontoxic materials, In lien 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)X1) A description of site geological and hydrogeological conditions Al Organics - Ranter 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 diirectly 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, rockfatl, landslides, subsidence. or erosion potential,. Hydrological and Geological information indicate five (5) main features regarding the site: I , The site is covered with a thick layer of Sian sands. There is little ground water beneath the site, and what little water that exists is at poor quality. 3. There are no domestic wells in the rnmediate 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) Roodplain information including evidence that the proposed site is not located within a 100 -year floodplain: 14.4t2(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 - Pettier Ridge Organic Recyclrng Facility Design & Operations Han Rev, September, 2010 Page 13 of 23 Rattler Ridge Composting Facility U CD A ppIkation Well Information Map ID # ennit # I Use Location Depth Water to Total Depth I 400 92 11406 livestock SESW S35 314 64W 2 46346E industrial SESW S35 3N 64W 255 718 3 75493 livestock 4 1834S3A livestoc E E S25 J _400 85 5 183483 livestoc E E S25 3N 64 0 300 1 E E S25 3N 64W 134 62O 1 om�ner ell 7 97047VE elation NESE S25 3N 64W 134 62O 118331 Fire 61 NEE S25 3N 64W0 75238 livestock 34 SEA S31 3N 63W 10 75237 livestock 30 NESE S1 2N 64W There are no domestic wells, springs, or surface water intakes within one mile of the proposed facility„ Any stock wells or rrrigation 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, parings, or bogs on -site or within 1/2 mile of the facility boundary. 1..&.2(L)(5) Depth to, and thickness of, the uppermost aquifer: 14.A 2(L)(6) Hydrologic properties cif the uppermost aquifer: 14A•204(7) Information regarding the existing quality of groundwater berth the proposed facility: 14.4..2(L)(8) The types and regional thickness of unconsolidated soils materials: 14Al2(14(9) The types and regional thickness of consolidated bedrock materials: 14.4.2(L)X10) Geologic hazards such as slope stability, faulting, folding, ron'kfall, landslides, subsidence or erosion potential: 1414.2(M) Plans for closure and post closure care of the composting facility as defined further in Sections 14.8 and 14e9: 114.8] Closure Plan: Al Organics - Rattler Ridge Organic Recycling Facility Design & Operations Pun Rev. September, 2010 Page 14 of 23 [1418!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 COPHE 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 governingauthority if the ovvnerioperator demonstrates that closure will, of necessity, take longer than ninety (90) days and all measures necessary to prevent threats to humanhealth and the environment will be taken. [1448131 The Closure Plan shall contain, at a minimum: (1418.3A A complete and accurate description and schedule of all steps necessary to achieveclosure 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 ail other wastes onwsite, including those wastes generated by closure activities, toa permitted waste facility . 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 ofasite 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 COPHE and the local governing authority (14.x.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 Al Organics - Rattler Ridge Organic Recyc ing Facility Design & Operations Plan Rev. September, 2010 Page 15 of 23 [14.8,5] Within thirty (30) calendar days of completing closure activities the owner!operator 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 [14.8.6j Following closure of the facility, a notation must be placed on the deed notifying any potential purchaser that the properly has been used as a co posting facility [14.x] Post -Closure Care and Maintenance [i4.9.1] Following closure of the composting facility the owner or operator must conduct postclosure care,, which shall consist of at least the following: [1&9.1(A)J Continued monitoring, sampling and testing of soil, ground water or surface water as defined in the posteclosure plan [14.9.1(B)] inspection and maintenance of and 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 thepost-closure care period may be: (149.2(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 f1419.2{Bfl Increased by the CDPHE after consultation with the local governing authority if it determined that th.e lengthened periodis necessary to protect human health and the environment [14.93 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 4'st-closure plan and has been placed in the operating record interim Closure Plans In the event that interirn 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 Organic Recycling Facility Design & Operations Ran Rev..Seplernber, 2010 Page 16 of 23 Secure all containment fencing and gates and manage the site until such time as the operation is placed hack into full operation. It 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 tobe 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 bad y 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. (N)X1) 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. round 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 ether on•s to or off -site: Nuisance conditions that may occur on -site or off -site will be dolt 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 - Rattler Ridge Organic Racyding Facility Design & Operations Plan Rev, September, 2010 Page 17 of 23 forted, Fug$tive dust will be controlPed 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 pies, 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.a(O) Fire Proteclion Plan: The facility will be maintained in compliance with the Keenesburg Fire Protection district and will foflow its fire protection/control and emergency response procedures. 1414.2(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 fipped. In -vessel systems include controlled air systems to deal with odors that would be included in h -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 additionaa wetting agents such as waste beer are added, care will be taken to avoid pending 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 hIplement appropriate steps to elrninate 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, Remediation activities wiPl consist of aeration, additional capping of materials, application of de-odorizing materials at the source, contaonment 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 & Operations 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: /l engineered features in the facility design will be reviewed and sealed by a Colorado: professional engiineer, 14.4.2(R) A duality 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($) A detailed description of sampling procedures for testing of finished compost: [14.5] Sampling of Finished Compost. (14.51J Compost Standards [14.5.1(A)] The owner or operator of a compost facility (unless exempt under Section 141.2) shall ensure that compost to be sold or distributed for off -site use meets the standards set forth in Table of this Section 14, and with Section 143.5 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 Al [14.5.1(B)] The owner or operator of a composting facility shall ensure that: C145.i(B)(i)I 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 Z14.5.i(BX2)] The density of Salmonella sp. Bacteria in the compost is less than three (3) Most Probable Number per four (4) grams of total solids idry weight basis) at the time the compost is to be sold or otherwise distributed for use. [14.512j 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. [14.5.3] 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 RUdge Organic Recycling Facility Design & Operations Plan Rev, September, 2010 Page 19 or 23 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.x] Sampling Methodology:. Sample collection, preservation, and analysis shalt 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 all and at a frequency greater than specified in Section 14652 of this Section 14. [14.5.6] Exceedances: Compost that exceeds the levelsspecified in Table or as specified in the approved design and operations plan must be: [1456(A)] Reintroduced in the composting process; or [141516(B)] Disposed of at a permitted solid waste disposal facility; or [14.5r6(C)] Otherwise used in a manner approved by the Department and local governing authority. [14.5.7) Unrestricted Use: Compost ost 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 bulking agent materials used, the Department, after consultation with the governing body, may require additional analysis. Compost that exceeds the levels specified in Table 'I 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 - Rattier Ridge rganic Recycling Facility Design & Operations Phan Rev, September, 2010 Page 20 of 23 Sampling Procedures Finished compost shall be Sampled and tested once every 101000 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, et), wilP be done as required by production quality control manager or assigned operator personnel. Feedstock Materials Bi!osolds Contract Clients Site files will contain biosolids analytical nform:ation as required by the CDPHE. Analytical information will be updated annually, Occasionali or One -Time Clients: Biosnlids analysis or certification of Class B status for occasional or one -lime clients will be obtained prior to receipt and processing of the biosolidsr Water Treatment Plant Residuals Contract Clients Site files will contain WTP residual tests as required by the CDPHE analytical information wifil 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 rihl be obtained and on file prior to receipt of material. Other Feedstock Materials Al Organics - Rattler Ridge NNganic 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. Biosolids Compost Pathogen Testing - Salmonella / 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 dory tons of biosolids compost and material containing biosolids compost produced at the facility in a calendar year, as reported on the facility annual report. The COPHE Biosolids Regulations will dictate the number required. All pathogen testing required will meet one of the protocols approved and defined in the DPHE's Water Quality Control Commission, Biosolids Regulation # 64 and EPA 40 CFR 503.13 publications. Aerated Windrows Alternative 1 a 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 250 cubic yards of in -process material. The individual grab sarnptes will be combined in a mixing bucket and mixed thoroughly. The mixed material will be screened over a 141 screen. A grab sample of the screened materhali will be pulled and placed in a sealed bag (minimum of !/2i pound sample). The bag will be labeled with the date, facility location, and windrow number and sent to an EPA certified lab for testing.. Alterative 2- A random grab sample from ► indrows will be taken as in alternative 1. The sample will be screened though a W screen, A sample will be pulled from the screened material (minimum of Y2 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. Static Pile A random grab sample from the finished static pile material wilt be pulled and screened through a 1/2" screen. A sample from the screened material (minimum of Y2 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 Biasolids material Al Organics - RaWWNer Ridge Organic Recycling Facility Design & Operations Plan 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 seared bag (minimum, of % pound sample). The bag will be labeled with the date, facility location, and windrow number and sent to an EPA certified lab for testing. Alternative 2 4 random grab sample from windrows will be taken asin alternative 1. The sample will be screened though a W screen, A sample will be pulled from the screened material' (minimum of . 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 Al Grade I Biosolids materials suitable for unrestricted use and distribution. Biosoflds Stock Pile (8ATCt1LSamv/es 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 puled and sent to an EPA certified lab for pathogen testing. The batch sample will also be sent to an EPA certified laboratory tor nutrient and metal analysis per the CDPHE requirements. NOneBio ofld's Comagst and Soil Products Grab samples of nonabiosolids 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 will be taken from the com;posiite and sent to a certified soi [s lab for analysis. A standard compost or soils analysis will be performed. Copies of Alf analysis information will be kept on file at the site. Windrows, static piles. aerated static piles, or in -vessel materials that fait to meet the minimum standard for compliance will remain in the composting process and be re -tested at a later 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 Design & 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, blo-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 l a Solids and or liquids that are specifically approved by reference in Colorado Solid Waste Regulations 6 CCR 1007-2 as type 1, 2 or 3 feedstock materials will be approved for receipt by internal review and will not require specific approval from the regulatory agency. The following requirementswill 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 Biosolids 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: 1t 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 thematerial that also includes analysis information for constituents of concern. c. MSS sheet if applicable and available, Al Organics Waste Characterization Plan 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 utilized within the corn posting process including mix ratios, safety requirements/ elt. 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. toad by County and State regulatory agency, then the following will be completed and or implemented:. as 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 _ 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. Al organics Waste Characterization Plan pg. 2 Al Organics - Ratter Ridge Organic Recycling Facility Design and Operations Plan APPEND - II Cornoosting Standard Operatina Procedures Al Organics = Rather Ridge Organic Recycling Facility Design and Operations Plan APPEND — AI � Water Treatment plant Residuals Standard Operating Procedures Al Organics a ttler Ridge organic Recycling Facility Enhanced Water Treatment Plant Residuals Standard Operation Procedure (SOP) (Replaces residual operational procedures! previously approved and utilized) June 14 2010 Pre -receipt approval and testing of Water Treatment Plant Residuals; • Water Treatment Plant Residuals that fall below 40 pC /g gross alpha a. 'or 3 p i/ 226Ra, and 30 pCiig riatti shall he received and processed according to this enhanced SOP. The Colorado Department of Public Health & Environment (CDPHE) andthe local governing authority shall be notified of intent to receive and process Water 'prey t ent Plant Residuals from a new generator that have up to 10 pi/g of 226Ra and have up to 150 pCi /g of nanli 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. o Contract receipts: representative analytical informationshall 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 he based on the annual volumes produced but shall be no less than one test per year. Receipt of residuals: • Residuals shall he 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. I Processing of residuals: Any residuals not immediately ncot rated (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. sp sion. 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 bio lter. 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 bier 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 containedin the blend shall be noted and subtracted from it_e total available for that windrow. Residuals incorporated and/or applied to windrows shall he included on the windrow preparation sheet used to identify volumes and types of materials in the windrows as pail of our normal SOP. Sa plin„ ,testing offinished ed 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 ps iig mss 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 CDPHE TENORM Policy and Guidance document issued in February, 2007, Rev. 2.1. Soil and groundwater 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 COPHE's TENORM Policy and Guidance document issued in Febniary, 2007 and any subsequent updates to that document. 3 Al Organics -- Rattler Ridge Organic Recycling Facility Design and Operations Plan APPEND - IV EmpIov Training Al Organics Employee Training 1444.2(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. Recognition of prohibited materials Al Organic.s will not accept hazardous or toxic materials. Loads containing these materials will be rejected. Generators are required to contact the Cherator before delivery of materials and the site operator is responsible for inspection of each load for compilance. Actions So take to mitigate nuisance conditions In the event nuisance conditions are present the operator wall follow the procedures noted in section 14.4.2 (N><3). fDiernentatkkn 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 follovwed. Al Organics Rather 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 P'an Al Organics Closure Plan 14,.4.2(M) Flans. for closure and past closure care of the composting facility as defined further in Sections 14.8 and 14.9; [14,8] Closure Plan The owner/operator 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.L1] Each Design and Operations Plan shall include a provision for closure of a cornposting facility [144812] 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 190) days in length. Extension of the closure period may be granted by the CDPHE and the local governing authority if the ownerioperator 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, hulking material, and liquid waste toa 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 t 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 uniless 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 and/or dispose of in certified disposal facilities. 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. 014.8.41 Within fourteen (14) calendar daysof commencing implementation of the Closure Plan, the facility shall provide written notification to the CDPHE and the local governing authority Provide written notifEcatcon to the CDPHE and the local governing authority within fourteen (14) calendar days of commencing irpleentation. [14..5] Within thirty (30) calendar days of completing closure activities the owner/operator 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 requirements and conditions of the !closure plan have been achieved within thirty (30) days, the (14.8.6] 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 nothing any potential purchaser that the property has been used as a composting facility following closure of the facility. Al Organics — Rattler Ridge Organic Recycling Facility Design and Operations Plan APPEND -VII Post -Closure Plan Al Organics Post -closure Plan 1444.2(M} Plans for closure and post closure care of the composting facility as defined further in Sections 14.8 and 14.9: [14,x] Post.Ciosure 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: [14r9.1(Afl Continued monitoring, sampling and testing of soil, ground water or surface water as defined in the post -closure plan Momtor, sample, and test sod, groundwater or surface water as approved by the CDPHE and the local governing authority: (141911(6)] Inspection and maintenance of any cover material or vegetation Inspect and maintain cover ,material or vegetation, [1419.1(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: (1419.2(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 (14.92(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 pest -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 Es 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.: 13\\ E13S1.XP SOURCE CLASS: Major ❑ -S0 INSPECTION TYPE: E: HOURS: Travel & Prep: 2 SOURCE NUMBER: 9AEE D2' APCD RECEIVED 10/13/2017 J DATE REPORT SUBMITTED: 10/13/2017 INSPECTOR: James Taloumis TIME: 1300 EMAIL: bobyost@alorganics,corn Full Compliance Evaluation Partial Compliance Evaluation Investigation Syn Minor Minor Onsite Evaluation Offsitc Evaluation Inspection: 1 Report: COMPLIANCE STATUS: IN COMPLIANCE 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: P: 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 ESHAP/MACT APPLICABILITY None are applicable. 2018 Inspection 1239AEE-INSP-2018 Page 1 of 4 Printed from Electronic Record COLORADO Department of Public Health Et 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 Co ipliance assistance was not given to the source. PERMIT CONDITIONS AND COMPLIANCE STATUS 123-9AEE-001 Permit Exempt Letter 1 3E 13 51..P 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.1 h which specifically exempts composting piles from air permit requirements. However, since the emission of Volatile Organic Compounds Os) is 1 ton per year or more, an Air Pollutant Emission Notice (APEN) is required per Regulation 3, Part A, Section ll.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-201 8 Page 2 of 4 Printed from Electronic Record COLORADO Department of Public Health Et 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..) 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. 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 COPHE by 12/24/2017. The source is in compliance with this permit term. 2018 Inspection 1239AEE-INSP-2018 Page 3 of4 Printed from Electronic Record 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 13W 1 51. P. 2018 Inspection 1239AEE-INSP-2018 Page 4 of 4 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Air Quality Control Commission REGULATION NUMBER 2 ODOR EMISSION 5 CCR 1Q01-4 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. 1.0.2. 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 "detestability 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. II.B. 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: I. E.1. 11,500 weaning swine (70 pounds or less); II. E.2. 3,020 swine (70 pounds up to finish weight); I. 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. I. F. Common or Affiliated Ownership or Management Means: II. F.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. C . 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. 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 Il.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. L. 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. 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. 11.0. New Source Means any housed commercial swine feeding operation that has not commenced construction prior to or on March 30, 1999. I. 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. 11.O. 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. 11.5. 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 S of Regulation Number 2, "process wastewater" shall mean "swine feeding process wastewater." II.U. 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. 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) (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 within130 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 lters 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 .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 VIA. 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. 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. 11 'I . 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. 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.5. All applicable recordkeeping requirements. VI.D.7. All applicable reporting requirements. 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 VII.A. 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: VII.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. B . 3. Composting storage sites; and VII. 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. VII.E. 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.. 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. VIII. 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. VIII.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. SwineConfinement 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) . (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. 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. 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 ng 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: 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.6.1.a.(3) Add-on control equipment installed on all exhaust vents from the confinement structures. Mechanical under floor ventilation and add-on control equipment from exhaust vents to the outside. IX.B.1.b. Dust Management IX.6.1.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: .A.1.a.An initial compliance test within 180 days after a permit to operate has been issued; and .A.2.b. Semi-annual compliance testing beginning within six months of issuance of the permit to operate. X.B. Recordkeeping ng 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. Dates) 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; .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. .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. C.B.B. 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. C.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. Xl. 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 a ctu a l 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 "nevi" 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 a l l 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 III.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 I I I.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, metry, scentometry etry 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 Xl. 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 Number2, Part A. The Commission approved updates, revisions and clarifications to Regulation Number 2, Part Al 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 "detestability," 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.., 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 Es Environment Air Pollution Control Division Field Inspection Report COUNTY NUMBER: 123 DATE OF INSPECTION: 10.25.17 COUNTY: Weld COMPANY: Al Organics SITE LOCATION: 12002 Weld County Road 59. Keenesburg, CO 80615 MAILING ADDRESS: 16350 ' VCR 76, Eaton, CO CONTACT PERSON: Bob Yost TELEPHONE NO.: 970.454.3492 PERMIT NO.: 13WE1352.XP SOURCE CLASS: Major ❑ SM-80 INSPECTION TYPE: Full Compliance Evaluation Partial Compliance Evaluation SOURCE NUMBER: 9AEF DP � APCD RECEIVED 12/28/2017 � J DATE REPORT SUBMITTED: 12.28,17 INSPECTOR: Elizabeth Scherer TIME: 1:25pm EMAIL: bobyost@alorganics.com Additional Inspection Records in File? Yes HOURS: Travel & Prep: 4.25 Inspection: 0.75 COMPLIANCE STATUS: IN COMPLIANCE Syn Minor Minor Onsite Evaluation Offsite Evaluation No 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 & 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 itially 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 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 A 1 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,§ILD. l.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 MRS 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 i e annual composted material and issue a revised APEN required / permit exempt letter (:including a new in co *ng material ton per year limit). POINT AIRS ID/PERMIT NUMBERS MRS ID 123-9AEF and permit exempt letter 13 WE1352 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 ADEN was date stamped by the Division on December 27, 2017, but December 24th 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 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. 1352..P. 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 (ADEN) shall be filed: (Reference: Regulation No. 3, Part A, Section MC.) 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 VD s, 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 dui' g the inspection, a review of Division documents, and source. records, Al Organics is determined to be out of compliance with permit exempt letter 13''E132 for exceeding the finished compost limit of 81,000 tons in 2014, 2015, and 2016. No enforcement is recommended for this violation (sec explanation below). Althou. not a violation, PS Memo 12-02 states that composting facilities should track incoming material (not finished compost) and use this amount to calculate e . `ssions. As a result of this inspection, Al Org i ics 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). I 2018 Inspection 1239AEF-INSP-2018 Page 4 of 4 4kafficS44,\I. (fiat' . . r. .asi COLO RADO Department of Public Health b Environment Dedicated to protecting and Improving g the health and environment of the people of Colorado Mr. Bob Yost Al Organics 16350 Weld County Road 7 Eaton, CO 80615 Re: Compliance Advisory Related to September 18, 2014 Inspection Rattler Ridge Compost Facility Weld County, Colorado SW/WLDiRRF/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 Rather 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 wild 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 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 Corripbance Order avid/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 Cherry Creek Drive S4, Denver, CO 80246-1530 ID 303-692-2000 vomitcoiorado.govicdphe John W, Hickentcoper, Governor Larry Woik, MD, 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 1.8.3(D) 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 estimate(s) for hiring a third party to conduct closure and past closure care of the facility to the Wetd County Deparment of Public Health and Environment and to the Department for review and approval. Apparent Violation 2: The facility's current engineering g design and operations plan (D&o Flan) requires revision to incorporate the applicable requirements of Section 14 of the Regulations, Section 14.113(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 Dt.o 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 Flan 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 A 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 property manage leachate that is generated by storm water contact with residual soilid 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- Bob Yost October 28, 2014 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 vi tation(s) is not a vocation of Colorado'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 i enberry at 303,692,3389 or Jerry Henderson at 303-692-3455 concerning the apparent violations detailed under this 'Compliance Advisory and/or to schedule a compliance conference to discuss this Compliance Advisory. SinceretyI Douglas M. Ikertherry Professionat Engineer Compliance Assurance Unit Solid Waste and Material Management Program Enclosures r Ll r` Henderson Compliance Assurance Unit Leader Compliance Assurance Unit Safid Waste and Materiat Managagement Program cc: Heather Earbarel Weld County Department of Public Health and Environment Solid Waste Tracking et: Randy Ferule, HMWMD Jace Driver, HAMAND Enrique Martinez, HVD ColondoDepanmerat of PA& Health and Environment Colorado Department of Public Health and Environment Hazardous Materials and Waste Management Division 4300 Cherry Creek Drive South, Mail Code -82, Denver, CO80246-1530 (303) 692-3350 hur,ti/www.co1orado_ovic he sglid f ll Solid Waste and Materials Management Program Notice of Inspection County W al cte Date 9-% /ea 14 Name Facility Watilerter aialed5e--C1 4 1 c eeeyc -Cot ',11- lin ci II 'rim Cocks 7 vi Street itiooz vviceek 51 Announced? r yes () No Time In: 9. zao City Zip Enter by: NConsent Time Out: et heir b u r _ 0 toi6 43 f l Warrant ( ) Open Fields j I .4 504 Facility Representatives: Phone Email BoA, Vent y 6 St Pe,ndifey 17 Local Hech4er Government Representatives ILlehorier I Phone Email F71:2 .exults of the ins- ection dicate:c 1 II The facility is in compliance with We Act, igulatons and approved plains The facility is in compliance, with the exception of the minor violations noted below Apparent Violations and requested corrective actions: j F7PlanCrinj Anyrah Ce (ttj'W'veklle.btts need's me tie "C es-Tin+rech lit eat, :A Iwo! �� no �lJ/r' f � nefej It) Lti,. uric and Ile,eoes re.,velsion I� c&ente aat v 5 (wily otiipliance Assistance Delivered During the Inspection: aterat weil' Signature Q epresentati eceiv'n0orm: Lead CDPHE lnspeet€r . enben y Name of Facility [lft,1 eceiving Form: Assisting Inspectors: Rey sa--a YO i olds e 0 iihi en in White copy to Me, yellow copy to tracking, pink copy to facility Facility: ak. Composting COLORADO DEPARTMENT of PUBLIC HEALTH ENVIRONMENT Hazardous Materials and Waste Management Division SOLID WASTE DISPOSAL SITE AND FACILITY INSPECTION /er acI9e Ovr,anicas‘. Functional Category Record Review Certificate of Designation Closure/Post-closure Construction Quality Assurance band 0 Plan Duty to Comply Fees Ground Water Monitoring Operating Requirements Personnel Training Preparedness and Prevention Recordkeeping Reporting Site Review Closure/Post-closure Construction Quality Assurance Financial Assurance Ground Water Monitoring Nuisance Conditions Control Operating Requirements Security Surface Water Control Ty( I Inspection Date: Inspector(s): Not NIA Requirement Description Certificate of designation and Records Illegal Disposal Closure Plan Construction QA_QC Plan Implemertation Construction QA_QC Report Composting Plan for Class IV and V D and 0 Plan Change a 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 'orator Monitoring Nuisance Conditions Control Nuisance Conditions Control Odor Control Pathogen Reduction Methodology Work pad Area Access Control_Signage_Perirneter Fence Stor=r`n Ater iLeachate pond management Surface Water Control Waste AnaIysis,Acceptance.,HW E Waste Analysis,Acceptance,l-HW Exclusion Waste AnalysistAcceptance,11W Exclusion i • 1 n i u Far i _ i Lgi i _ i i i f i _ • LI i i dime in: 9 10-2,0 Time Out: gerig- "14-' oberr citotdfrs Page 1 of 2 r Citation 14.1,3(A) - (B); 14,7,1.(K) 1.3.3, 30-20-102 14.8 143,2(A) 14.3,2(C) 1411 1,3.9 Violation Note ViN/P Reference N [NI Pal PI I?' 14.113(C); 14.10 y I Ii?lI 1.3.5, 14.4 1.7.3,1.7.4 14.33(L) L) 1.5 14.3.30); 14.7.1(m) I N V 14.3.3(G) 14.3.3(H) 1431 1413 N i 14.9, 2.6,1 _ 14,3ri.r(D) -N LB, 1413.3(B); 14.7.1 ) Fri 2.2. lA); 21; 14.7,1(C) 2.13; L ].,1 71=11r 1.4,3.3(O) 14r3.3(D), 2.1,3; 2.1.7; 2.111 14.3.3(i) e 1&3.3(x) _ Dv 14.31(0 14r3.3(E)-(F), 2r1r8 14,3.1(B)(5)-(7); 14.3.3(C) 14.3.1M:14.3.3(C); 2.1.6; 2.1.10 i 1 l i 14.5 regel 14.2 i i J i _ V i 1 1 _ i l i _ L 1 sp; I 54 f3 410505 iligs gm/ astvii r Facility: ga Composting t d9C r9an cs_lecitc_o Functional Category r Inspection Date: inspector(s): Requirement Description Waste Analysis,1cceptance,HW Exclusion g Design and Operation Plan R ulremsntt; 1 Tu. vi te3--r arinti Composting Note/Regulation Reference # Not insp 1SS Comments and Deficiency Requests N/A e VI Leery I Citation 14.3.3(A) Page 2 of 2 ey rtOliCIC Violktion V/N/P IN1I Note Reference i Request RTC Date Date frf1* Piat/Ac/f+cvev/o:s(4 SOLID WASTE INSPECTION WORKSHEET Agency: Colorado Department of Public Health and Environment (CDPI-1E) Hazardous Materials and Waste Management Division Date: Site: September 18, 2014 Time: 9:20 AM —11 :30 AM Rattler Ridge Compost Facility 12002 Weld County Road 59 Keenesburg, CO 80643 Weld County Phone Numbers, Contact — Bob Yost (970) 454a3492 Inspectors: Doug r enberry, I- r` M Jennifer Re olds, _ -1` i Inspection: Announced Site Representatives: Bob Yost, Kent Pendley Weather Conditions: Mild, Sunny On September 18, 2014, inspectors from the Colorado Department of Public Health and Environment, HOrd us Materials and Waste Management Division (the Division) conducted an inspection limited to the Rattler Ridge Compost Facility's operating records. The Ranier Ridge Compost Facility operating records are housed at the l Organics Eaton Organic Recycling Facility. The purpose of the inspection was to evaluate the compliance of the facility with the requirements set forth in the Solid Wastes Disposal Sites and Facilities Act ("the Act") CRS 30-20-100.5 et seq. and with the Regulations Pertaining to Solid Waste Sites and Facilities, CCR 1007-.2 ("the Regulations") and with the approved design and operations plan for the facility. 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 History -- On November 1 2000, the Weld County Board of Commissioners granted a Site Specific Development Plan and Use by Special Review (USR) Permit, USR 1285 that serves as the certificate of designation for the subject Class I composting facility; The Rattler Ridge Compost Facility operates on an approximately 437 acre site in Weld County under a Design and Operations ) Plan dated July 24, 2000. The facility was issued a compliance advisory by the Division on December 18 2012 that lists facility deficiencies of w * `oh some term' outstanding to thisdate. hi particular, Deficiency I of the December 18, 2012 cor pli . ce 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 (: 50 year intervals as required by Section 1. .3(D) of the Regulations. --Records Review -- A pre -inspection records review revealed that the facility continues to lack current fmancial assurance cost estimates for hiring a third party to close the facility and to conduct post -closure care of the faoiii y. 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 thal ultimately the facia& financial assurance mechanism is required to be updated to reflect the revised closure/post-closure 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 Morntoring Plan for incorporation into a revised Closure/PosteClosure 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.uture facilityconditions (I, c.., 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 chad n and Al Organics letter dated January 28, 20141, As of the inspection date, A1 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, lie Inspection-= On September 18, 2014, the inspectors were greeted by Mi. 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. 2000 was reviewed by the Division, However, the operating record lacks evidence that the August 17 200O mixing pad design was ever approved by the Division and WCDPFTE.. USR 1285 Condition 1 requires that the facility adopt the Development Standards associated with USR 1285. USR 1285 Development Standard 17 requires that each mixing pad shall he constructed in accordance with the typical mixing pad design that has been reviewed and approved by the PVCDPHE and the Department prior to the use of each mixing pad that demonstrates the pad was constructed inaccordance with the approved mixing pad design. During the September 8, 2014 inspection, the Division requested submittal of the tc lity'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 tacks 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. 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 I: 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 facility financial assurance mechanism is required to be updated to reflect the revised closure/post-closure care cost estimates that are approved by the Division. Violation 1: This is a violation of Sections 1.8.1 (A) aid I .8.3 ) of the Regulations, respectively4 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 compostine. facilities with the local governing authority within six (6) months of the effective date (i.er. December 30, 2008) of this Section 14. Violation 2: This is a violation of Section 14.13(A) of the Regulations. Finding 3: The operating record lacks evidence that the facility nixing pad design documentation was approved by WCDPHE and the Division. Additionally, the operating record Jacks 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 tJSR 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 Organic Recycling January 28, 2014 Cindy M, Smith Environmental Protection Specialist CDPHE 4300 Cherry Creek Dr, Denver, CO 80246 Re! January 1742013 Comprrence Advisory = Deficiency # 5 follow-up letter for Rattier Ridge Compost Facili 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 31st 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 28th via email to our Engineer David Peek at KRA/ and copied to Al. Subsequent to that correspondence our engineer David Peek left employment at KRW and his replacement Mike Pretti was retained lest fall{ I apologize that in the transition period the need to respond to those comments and subsequentfy respond was lost, and subsequently have not updated our closure plan for review by the Department. We will immediately include the monitoring well detail rn our 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 like us to update the current bond by the most recent inflation factor I can have that done as well Sincerely, r-evers—sre-- Bob Yost VP, TO Cc: Roger Doak, CDPHE. Heather Barbare, VI1CDPHE Mike Pretti, KRW Al Organics Corporate Headquarters: 16360 'MR 76 s Eaton, Colorado 8 615 Tel 970454-3492 • ex -m-1644 a Fa c g7O4543232 Facilities: Eaton • Keenesburg • .Stapleton Las Vegas, Nevada vvww.alorganics,corn C�mpo�t�ng =Counc l Seal of Tembyg 4wsr' nce 2/3/2014 State.co.us Becutke Branch Mail - FM: Compliance Ad4sory 5 STATE OF COLORADO Fwd: Compliance Advisory Item 5 Smith - 0 PH E, Cindy cci ndy. rnith@stute co.0 > Tue, Jan 28, 2014 at 2:55 PM To: cdphe hmdrecordscenter ccdphe.hmdrecordscenter@state.co.0 Hello Kim: Could you file this email chain as one document coded W NLD/RRF I Thank you. Cindy M Smith Environmental Protection Specialist State of Colorado, Colorado Department of Public Health and Environment 4300 Cher'Creek Drive South, B-2 Denver, Colorado 80245 530 office. 303.692. 409 I fax: 303359.5355 email: cindyismith@stateeco.us ------ Forwarded message —� From: Smith a CD PH E, Cindy <cindy.smith@state.co.us> Date: Tue, Jan 28, 2014 at 22 PM Subject: Re: Compliance Advsory Item 5 To: Bob Yost Robot@a 1 organic . m> Cc: Roger Doak w CD P ICE <roger.doak@state.co.us> Bob: Thank you for following up or this! The Department hereby grants your request for a 30 day extension to prepare and submit the revised closure plan and FA for the Rather Ridge Compost Facility. indeed, it would be appreciated rf 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 80246-1530 office: 3034692 3409 J fax: 303359.5355 email: c nd nl ith@staterco,us https-J/rail . g ow I e.ecrnimai i t 6 u/OPui =2&ik=f 17{c#bae vi evF pt at= K m%27s% Mail &s'eer eat =1 d d5bb6ca 1/4 2/3/2014 Stateroom Exectitive Branch Mail - Fwd Compliance AcAisory Item 5 On Tue, Jan 28, 2014 at 7:37 AIM Bob Yost <BobYosti a 1 organics.com> wrote: Good Morning Cindy, When speaking with Rcgeryesterday I discovered that we had rot responded to the Department on [tern 5 of the corrpn anoe advisory for Rattler Ridge. J have prepared the attached letter requesting 30 days to get our odosure plan and FA updated to do so. I apologize for the delay in doing phis_ It is my fault for not having followed up on it with our new engineer Mike P'retti after David Peek left I RW_ Please review my request and let me know if it is acceptabie gi ties Yto t Vice Pres dent, Chief Technical Officer Al Organics - US Composting Council "Corn poster of the Year' Ph: 970-4543492 ext 1014 Celt 303-710-9121 bobyost@a1organics..com Website: www.alorganicsscorn Al' Organics on: Twitter Facsboo Compost: Nature's Way to Grow! bA Please consider the environment and only print this e-mail if you must. Think Green and Reduce, Reuse, Recycle �� :i/rraaiG,g coy ie,ca mrnail/ 621u*Puir.!2&114Fift7Ocibree9Wel,Aff pieccatr, Kim%275%2CM ail& sear chF-teirt&thr143dad9 d5bb6ea 2/4 202014 Statacaus Bacuti a Branch M ail - 'fwd: CorripLiance A isory Item 5 41J• V4LL4 VI A L• ma4+ _ _+v mar _ _._ _ From: Doak - CDPHE, Roger [rnaiko:roger1dcak@state.co. us] Sent: Friday, June 28, 2013 10:19 AM To: David Peek Cc: `troy Swain (tswain©cc.weki.co4us); Bob Yost; Joe Hess Subject: Re: Al Organ - Ratter Ridge Preliminary Well Location David, altelalsee_M.l _,-.. XXldubnrNe 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 rocier.doak@stateico.us On Wed, Apr 10, 2013 at 4!04 PM, David Peek cDPeek@kr con uIting com> wrote: Roger/]ray, https.//rrwaiI.g oog I e.cornimail/b/ u/0/?uk= fl 7Cleftee9& ihvv=pt&&at=Kirra% s%2Oi tail&search= cat&tri=143dacinecciab6ca 3 2/312014 State.co.us Decuthe Branch M ail -. Fes: Cornpl lance Athisory Item 5 As requested during the permit scoping meeting, the attached PDF F 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., LEECH AP KRW Consulting, Inc 3000 West 14th Av e a Suite 200 Lakewood, CO 80214 3O3-239-9011 x 17 3G3 239-0745 fax 970-978-6629 ce l l epeek@icon ulting.com nom°/1rmII.9, clog I e. comirnail /b1262kfat?uk2&ik=#170cfb8 &wwifept&caterK`im% s %2OrVitail&search cat hw143diacia5cd5bb! a 4/4 STATE OF COLORADO John W. Hickenlooperr Governor Christopher E, Urbina, Ma, MPH Executive Director and Chief Medical Officer Dedicated to protecting and 'improving the health and environment of the people at Colorado 4300 Cherry Creek Dr. S. Denver, Cokoado 80245 1530 Phone (303) 692-2000 Located in Glendale Colorado hitpliwww.ociplieestateicolus January 17, 2013 Laboratory Services Division $100 Lowry Blvd. Denver, Colorado 80230-6926 (303) 692-3090 CERTIFIED :n, # 70110470 0000 8929 6196 Return Receipt Requested Mr. Bob Yost, Al Organics 16350 Weld County Road 76 Eaton, CO 80615 Colorado Departrnent of Public Health. andEnvironment RE. Follow-up to Compliance Advisory for Rattler Ridge Compost Facility, 12002 'C 59, Keenesburg, CO, 80643 SWIWLD/RRF 1.2 g4,qa 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 Advisor)/ issued by the Colorado Department of Public Health and Environment (" I P " or "the Department")1 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 42. . Subsequent inspections yielding 4rdditional 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 41., #3, #4 and 5, the following action items and timeframes were mutually agreed upon during the compliance conference_ Al] time frames start from the date of the compliance conference, January 15, 2013. Relative to Deficiency 41, it was determined that AA Organics will attend a pre -submittal scopin.g meeting with the Department within the next sixty (60) calendar days, to discuss required contents for the revised EDO'P, 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 #1 of the compliance advisory. Relative to Deficiency icienc #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 17 2013 Page 2 oft 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, Airl Organics agreed to post signage at the Rattler 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 #5, 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, -1 Organics agreed to incorporate its new Food Waste Management Han into the revised EDOP in an ongoing effort to minimize the amount of shredded plastic debris in Eco ro windrows associated with food waste composting. In summary, the Department believes that the January 15, 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 Specialist Solid Waste Compliance Assurance Unit Solid Waste and Materials Management Program cc; SW Tracking Roger Doak, CDPHE Troy Swain, WCDPIIE W. S M SENDER: COMPLETE THIS ,SECTION ■ Complete items 1 p 20 and 3. Also complete item 4'I Restricted Delivery is desired. Print your name and address on the reverse that we can return the card to you. Attach this card to the back Pt the mapiece, or on tte front if space permits. _ Article Addressed to: I --BOB YOST A-1 ORGANICS 16350 CR 76 EATON CO 80615 a a T_ t 0 COMPLFTEE THIS SECTION ON DEL !VERY Q Agent QAddressee D. Is delivery address different from item 17 ID Yes if YES, enter delivery address below: C No • a i CI Express ad Q Return Receipt for Merchandise Lnn urea Mall ❑ 010.D. 4 Restricted Delly era tra F00 O Yes 2. Ankle Number Mangler from Sett labs? 701,1 0470 0000 8929 6196 PS Form 3811, February 2004 Domestic Return 'Receipt no rq ru In a a re 7 I US. Postal Service,. CERTIFIED MAIL RECEIP EI P (Domestic Mai f On! . - No 1 d For deli+sery information visit our websi Page Cardiac) Fee Return Receipt r (Endorsement Pier Restricted r (Entroteer .9, ,CP aie,„14,6%b 613 c %SSD '0` , cr PO b. te)P9 I. .ark el ere 102595-02-M-1540 r -t a a. 1 r. a a a r r • PS Form 3800, August 2.110€ See Rev Arse fur Instrucluii For the best experience, open this PDF portfo DOPHE 136 HAZARDOUS MATERIALS SW 1.1. 7746 illailme I1IIiI1IflIHIU1IIH1HIHh1IIHIflI BOX# 262 0 STATE OF !XORADO 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 Lane (303) 691-7700 Located in Glendale, Colorado httyliverww.cclphe.state.co.us ww.cdphe.state.co.as November 17, 2010 Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 692-3090 Greg Kuenning, Environmental Services and Purchasing Coordinator A 1 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 Hazardous 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. A 1 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 A 1 Organics 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. to Sites and Facilities, 6 CCR 1007-2. An invoice for the Division's review of the above referenced d•cumentation will be 4ent 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 N Cc: Troy Swain, Weld County Dept. of Public Health and Environment Swlwldlrrf I , I Rattler Ridge Organic Recycling Fac I I ity/RRF I1/17/20W WLD Solid Waste - Correspondence - General -- Approval: Use of Process Effluent from Colorado Bioiabs - Rattler Ridge Composting Facility, Weld County SW/1.1./7746 II Iu1 1l U SW/1.1.1452-02 11 11 i i i 1 DOPHE 136 HAZARDOUS MATERIALS SW 1.1. 453 I1I iiiiii iii ilia DIII iiiiii ii BOX# 262 STATE OF COLORADO s _ 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 itw'#w.odphe.srate. co. us/h n 4300 Cherry Creek Dr. 5. 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 function, 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. ea, Sincerely, ,Dulie 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, • Rattier Ridge Organic Recycling Fac 8/22/2000 Solid Waste - Correspondence - General - CERTIFICATE OF DESIGNATION APPLICATION RATTLER RIDGE COMPOSTING FACILITY WELD COUNTY i SW/I.l.452 i 1111 11 Li III 111I1 SW/1.1./453 i i i i STATE CAF COLORADO John W. Hickenlcep er, Governor Larry Wok., MD, MSPH Executive. Director and Chef 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 (303) 692-2000 Located I,ri Glendale, Colorado wirrw.colarado., cgev/cdphe: January 28.2014 Bob Yost Al Organics 16350 WCR 76 Eaton, CO 80615 Laboratory Services Division 81100 Lowry Blvd, Denver,Colorado 80230.6928 (30S) 692-3090 Compliance Statues Rattler Ridge Composting S IWLJD 1.1 Dear Bob, Colorado Department of PublicHealth :th, 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 statue; for Al Organics Rattler Ridge composting facility located in Weld County. As you are aware., Al Organics' Rather 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 A l to submit a schedule for updating the EDOP, updated schedule was provided to CDPFLE on March 12, 2013 2) The facility's signage needs updating. Al 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 CDPITE on January 2K, 2014. Irk 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. Roger Doak, Unit Leader Solid Waste Permitting Unit Solid Waste and Material Management Program Hazardous Materials and Waste Management na ement Division Ec: Cindy Smith, Solid Waste Pro anr< 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 lifter 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 (> 1,4" 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 avers and then subsequently in the newer windrows throughout the site and created a problem with plastic lifter 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 avers 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 lifter issue at Rattler Ridge. Al Organics Corporate Headquarters: 16350 VTR 76 • Eaton, Colorado 80615 Tel 070-454-3492 • 800-776-1644 • Fax 970-454-3232 Facilities: Eaton • Keenesburg • Stapleton Las Vegas, Nevada www.alorganics.com Ule Composting val Council Seal 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. A►ll 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 Tribbeft Al Organics Corporate Headquarters: 16350 VTR 76 • Eaton, Colorado 80615 Tel 070-454-3492 • 800-776-1644 • Fax 970-454-3232 Facilities: Eaton • Keenesburg • Stapleton Las Vegas, Nevada www.alorganics.com Ule Composting val Council Seal of Testing Assurance STATE OF COLORADO John Wt Hickenlooper, Governor Christopher E. lirtina, MD MPH Executive Director and Chief Medical Officer Dedicated to protecting and improving the heath and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (3O3) 692-2000 Located in Glendale, Colorado httpJ/wwwFCdpho.state.coiue December 18, 2012 Laboratcr y Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6926 (303) 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 Department ment of Public Health. and Environment RE; Compliance Advisory for Rattler Ridge Compost Facility, 12002 WCR 59, Keenesburg, CO, 80643 S D/RRF 1.? 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 "Dep , ent") 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 laws. . Departnent personnel will review the facts established and this notice may be revised to include additions or clarifications as a result of that reviews 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 e 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 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 6 CCR 1007 -fig Section 14. in addition, several new waste streams that were not contemplated in the original approved D&O plan, are being accepted as feedstocks,, hulking agents, and wetting agents at the facility, some under letter approvals subsequent to the original ED p. 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 he discrepancies with Section 14 regulatory requirements: Mr. Bob Yost December 18, 2012 Page 2 of 4 CCR 1007- 2, Sect on14;1.3(A) 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. CCR 1007-2, Section 14.3.1(B)(3) — Surface water control features at compost facilities shall be designed, constructed and mainta` ;ed to contain and manage le achate : • 6 CCR 1007-2, Section 14.3.1 3)(4) — Surface water control features at compost facilities shall be designed, constructed and maintained such that all sto ,mater/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 IX 104 cm/sec. Per Section14,..3.103)(5), (5), alternative liner designs that perform in an equivalent manner to the Section 14..E .1(B C) 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, b i osol ids, filtered sand trap water from car wash operations, wastewater filter cake produced by Bail 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 e mixing pad. • 6CCR10074, Section 143.3(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(1) — 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 143304, 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 -1. 22) are sampled semi-annually for ana:Rtes defined in the Rattler Ridge L) 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' 'dge composting facility. Mr_ Bob Yost December 18, 2011 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 bulletined list above. Deficiency 2: 6 CUt 1007-2, Section 1.3 .9 and 6 CCR 1007-2, Section 14.6. f (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 WCDP , and 2) wastes not approvedfor acceptance at the facility. The owner or operator of a Class I composting facility shall oniy receive those feedstocks, bulking materials and liquid wastes specified in the approved design and operations plan for the facility. Acceptance of composting materialsdifferent 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 withcui 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 pCi/g gross Alpha. Requested. Action 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, motions 14.3.3 O) and 14.7.1 — 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 all 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 143.3O') — The facility entrance sign fails to identify the materials that will andwill 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 CUt 1007-2, Section 1.8.3M) — 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 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, Rob Yost December 18, 2012 Page 4ofit 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 1433(D) requires that a composting facility shall control onsite and prevent off -site nuisance conditions such as noise, dust, mud, odors, vectors and windblovvn debris, A comprehensive review of CDPIAE files for Rattler Ridge suggests that the facility is not consistently forwarding a copy of soil sampling sumo reports and groundwater sampling summary reports to CDPI _ . The Division requests that a:ll 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 mary 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 11, 2013 to schedule a meeting: A. To discuss the Compliance Advisory d 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 todiscuss this Compliance Advisory. Sincerely, Cindy M. Smith, Environmental Protection Specialist Solid Waste Compliance Assurance Unit Solid Waste and .Materials Manage ent Program Enclosure cc: SW Tracking ec: John O'Rourke, CDPHE Roger Doak, CDPI-LE 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 ofPublic Health and Environment ('CDPUE or "the Department") Hazardous Materials and Waste Management Division Date: May 2, 2 1 Site: inspectors: Rattler Ridge Compost Facility 12002 WCR 59 Weld County Keenesburgi CO80643 Cindy mith., CDPHE Roger Doak, CDPHE John O'Rourke, CDPI4E Inspection: Announced, Routine Compliance SWAVLDiRRF 1.7 Time: 11:50 AM -2:10 PI' Owners: Al Organics, Bob Yost 16350 Weld County Road 76 Eaton, Colorado 80615 Facility Rep: Bob Yost, Chief Technical Officer Kent P'endley, Chief Operating Officer --BACKGROUND A1 Organics utilizes a proprietary Modified Static Aerobic Pile AP) 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. AI Organics currently operates and owns tiwo composting facilities in Colorado, the Eaton compost facility and the Rattler Ridge compost facility in Keenesburg Colorado. Rattler Ridge (the facility) is a Class I composting facility that can accept Type 1, Z. and 3 Feedstocks. According to annual reporting by l Organics for caiendar year 2011, the facility received b oso ids;. food waste, liquid waste,, lime sludge, grass clippings, manure, tree trimmings, leaves, clean C&D waste, beer, brewers residual, get, 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 hulking material were received at Rattler Ridge during calendar year 201 L According to Mr. Bob Yost, the Rattier Ridge compost facility comprises 417 acres on which windrows currently exist on 60 — 80 acres. The only engineered feature at the facility is the concrete mixing pad1 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 E urrikan 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 isoperating 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 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 Wall` , CostCo, Sarres Club, and multiple grocery stores and some restaurants. Because operations at the P'latteville facility have ceased, all food waste iscurrently coming to the Rattler Ridge facility. It is important to note that Weld County has documented the fact that A I 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 onlythose 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, CI PEIF inspectors Cindy Smith, Roger Doak and John O'Rourke conducted an announced, routine compliance inspection at the Rattler Ridge Compost Facility north of Keenesburg, Colorado on weld County Road 59. Inspectors were accompanied by facility representatives Bob Yost .and Kent Pendley. On making entrance to the facility, the CDPRE inspectors noted that the entrance sign to the Al Organics Rattler Ridge Compost facility identifies facility name and emergency contactinformation: however a sign has not been erected andmaintained that identifies acceptable and prohibited materials. CDPI-IF inspectors observed windrows on the central side upper deck" where biosolids were being composted to produce Al Organic's BioCom.p 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 A 1 Organics' s EcoGro ro product. Certain windrows associated with composting of food waste contained a significant amount of plastic debris. There are no perennial streams or ponds withinthe 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 beencol tested from the upper deck where biosolids are composted. Two off -site ground water monitoring wells (DH -97 and DTI=12) are sampled semi-annually for anal es 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 Rattier Ridge composting facility, Following the site inspection, CDPHE inspectors entered the gatehouse to review records. 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 Councils Seal of Testing Assurance Program (TA).. nRECoS REVIEW -- 1 Certificate of Designation issued December 6. 2000 v/ I V Annual Reporting Form CY 2011 Bulking Material Type / Wetting Agent Types Bulking Material Volume — 15t quarter 2012 Employee Training: Employee training records were requested to document compliance with. Section 143.3(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. Feedstock Material Types 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 Plans Financial Assurance, and previous inspection Deports by Weld County and CDPi s • Design and Operation Plan: Section 14 of the Regulations was revised significantly effective ecember 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 l o) cm/sec hydraulic conductivity. Revised EDOPs under the new Section 14 were also required to incorporate: 1.. A description of employee training [14.4.2(1)], 2., Design of surface water control system (with more stringent permeability specif1cation)[14.4.,2( ) 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)[ 14.4.2()], 4, A contingency plan to deal with receipt of welling agents 114.4.2(N)], 5J An odor management plan [14.4.2(P)] 6, A provision that all engineered features at a facility be reviewed andsealed by a Colorado professional engineer [l44.2(Q)3, 7. A quality assurance plan for engineered features at the facility [14..4. ( )], 8. A detailed description of sarnpling procedures for testing of finished compost [14.4.2(S)], _ A waste characterization plan, for Class I and i i facilities LI 4 16. 1 (C)] 10 A groundwater monitoring plan, for those facilities not granted a groundwater monitoring waiver (143.3(L)]t 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 revisedcost estimate was due on May 17, 2010. 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 play" The deficiencies noted during the inspection are listed below, with the pertinent regulatory citations noted in bold font.. Finding 1 The approved Deli inn & Operations Plan, dated July 24, 2000, is outdated and does not comply with requirements outlined. in 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, bung 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: • 6CCR 10074, ection14.1.3( ) - Al Organics failed to submitan 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. • 6CCR 1007-2, Section 14.3.1(B)(3) — Surface water control features at compost facilities shalt be designed, constructed and maintained to contain and manage leachate. • 6 CCR 1007-2, Section 14.3.1(B)(4) (B)(4) — Surface water control features at compost facilities shall be designed, constructed and maintained such that all stormwaterileachate 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 ection1 `3.1(B)(5), alternative liner designs that perform in an equivalent manner to the Section 143.1(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 awl contaminated soil from Stapleton, distillation by-products from water of l 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 Bail Metal Beverage Container, stormwater and pressure wash water associated with biodiesel manufacturing process at BoEnergy 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 14.33(6) — the facility lacks an adequate contingency plan pursuant tothe requirements of Section 14.3.3(). 4 CCR 10 7-2, 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 tothe Department for review and approval in accordance with Section 14.3.3(L). This appears relevant due to the variety of feedstocks, bulking agents, and wetting agents received by the facility. Two off -site ground water nionitoring wells (DH - 97 and DH -122) are sampled semi-annually for malytes 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 Finding 4 Finding 5 Recommendation It Recoiimendation 2 CCR 1007-2, Section 11349 and 6 CCR1007-2, 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. Aal 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 pC i/g gross Alpha. CCR 1007-2, Sections.14.3.3O) 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 nuisanceconditions occur, and implement emergency procedures when necessary. CCR 1007-2,. Section t43.3(F)— The entrance sign fails to identify the materials that will and will notbe accepted at the facility. CCR 1007-2, Section 1.8.3(D) — The facility has failed to replace the financial assurance cost estimates with new cost estimatesevery five (5) years as required by the Regulations. CDPI 1E 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 nor-compostable material from compostable materials to help minimize the amount of shredded plastic debris in EcoGro windrows. CCR 1007- 2, Section 143.3(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 files for Rattier Ridge suggests that the facility is not consistently forwarding a copy of soil sampling summary reports and groundwater sampling summary reports to CDP, 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 C D P H F as soon as an SS1 determination is made. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Photographic Log Rattier Ridge Compost Facility, 12002 Weld County Road 59, Keenesburg, Colorado. 80643 May 21. 2012 Inspection Entrance sign at gate of Rattler Ridge compost facility, Keenesburg, Colorado Al Organics Rattler Ridge Site Organic Recycling Facility Keenesburg Operation 12002 WCR 59 Keenesburg, CO 80643 Emergency Phone Numbers - 800-776-1644 970.454-2953 97 59 6 ri y I'.T. - q � + a .. S 5 ' t . _>.� .a �fra *asp .•.s. p• • II r +7 a-. s�.�1. • sr- far 5 • itr s , t r 3 r▪ de R 14.1141 4� ..-_ - a▪ il 'S mil.- ...._. ' ra R as _tV • �:des imirs z J 'Car -10e # q .t, qa a4j,d� �T �" � r• r1 - 41 am 'a Y ` - . n. `.ice : irj • r . •- rq I . Witta -a.w tiat^ ate F Timis? iteetigniar:12 tr/44_-4-!- - 4. sex 1 i * ! T -t ', Looking west ¢ concrete mixing pad for Al Organics Rat i ler Ridge compost facility • r ,o- f.,' SeCtiii' A +. 3 ary-ra�. r 11i; - w w Looking west - concrete mixing pad, four glass -lined tanks in background receive liquid wastes (feedstock) 7 r 4' • h . rr "' a a . ica , 4, •: 1 E{ a OPirs .-rte' - .4'i sue.. .,..-P' r. are P �. '• X71F �. 3�' a'* F:rer -rail r .s¢ r - .• {.i=ce J tiara fIr ,:rte EL 74i ka, 47 fir ;`w' .pk-s '2tors A. , � d irt', _fit e st. rati: as -11.20E•a a -• ratarak- . No:;' e i Otiweas it cal jail' l I. t... -�,, y3/41/4 ri 1 _-P ._ ID II/II/-;.f _ _ ,'may .>. At . Y� lir ill; i� t 1 Ids a It 7 at r C J 1 4=41S . ➢ J„ - .t-'1". I et _ a* , W Looking. west - food waste and hulking material being mixed on not then half of pad C sac ars, "1,- SI It rEILANNIA- St aitelt aft 2, r 77,41 t' ip - ... .7 4 '_ %'%r pi 444. 1 --tun pa -4 atik.stictp a -_-:.747.4%.o/ a. cat -a 'l • {: mil J1 ^..� A za•i•-ae. .. r _ { . 1. 11 01.7 eas T 1 V MP z aI•.� a a - • ► 4 - j A a.' bhipti Viviiiiii, - ' 6: k' I ai _rr u• L Si fir Aist=1 aja Looking south — F' co ro compost windrows at Al Organics Rattler Ridge compost facility S Looking west — at "Komptech ptech Hurrikan ri kan equipment used to remove plastic from windrows aI- ... •_ ' in r� : h Fc • --1 When a windrow reaches maturation, it is loaded into the Hurrikan S to remove remaining bits of plastic, the result is finished compost product without plastic from the original food waste kedstock -�-. ' ..� ♦- ! - ^sb "1.. - --- �.-•._ "- —_-t. -' � _ m: ' o w�.•U 4_ _ I_ i, - .a •.'•s` 9s:'— _ a1_ •_•}7,. _ a4'. _au.•tta _ n . p a r I T �.0 -t. T •. T :a - —;a - - It 4 -•� • rise r. ,ae'- Jra -Oa r -' -5—. �a i.a is 1 . i za A. .N r ✓ e - L.. _talent./ aFk e a Cral Ads_. N - 4- _ a - -� - a _ - • — - • --' a?^ - fir �, may!-z�r� B! TIiN�r' �'e^+1a_�� 'Clines � -Are � 3�s"�-"iy�- a l 3. Z sal: • .- �. - _ _ .� t r c4 �� s• a a+ .� as + FS• .Y. i I'M - ea + 1".. aa, - Y'a t `F •,r'i i _i f1� T -�'� it . F -3f' s,, . .i: + .�i• ..• - �ilatws��—jet art, C • a 1� re cl �.a f t . i� i' iig e a. - ' - j I-4 J',f� -_Imes Net._ _.�I-1 tf a. R_ a. i 12 'fi2:46 Photo of windrow turner at Al Organics Rattler Ridge compost facility Looking northeast — looking down on lower deck with finished product and EcoGro lAtimirows 10 P T S _•f.3s . r.r' 41. S i = . • a • +tare *as". — S MC. 4. Itme _,. T a .1 • a f • J1. ofIrsThlt• 143. - 4► r - i i - aas.14 . • _ a • �.L- — L_ -1 a- = Tla • g'3 i a. a I. ▪ _-� " �., iS _ acs. F -_s 4 • ,� t ▪ •r. IIIal• _Try tar -ttii bat a .11 a - a—/ _t', Miae _dills afterat- -� ill ._ • - a y s may ma• y- I 7 - i. W t%I. , . - .ms'sL la a a .a_ h ra.. air 2- 51; . i , asa _ a _ $ ti v _zaZrareat '- t t' - 'fir:" �"� Significant amount of plastic debris observed in - _ro Preptaricilai: -SIGNATURE BLOCK - Y • •a an a °+; e _ • i 1,4 WO /a_ ao o'er Cindy Smith I aye 4 SENDER: COMPLETE TITS SECTION Corn plete kerns I, 2, and a Also complete item 4 if Restricted Delivery is desired. • Print your name and address an the reverse so that we can return the card to you. ■ Attach this t to the back of the ruaiipi, or on the front if space pen nits. 1. Article Addressed to: BOB YOST A-i ORGANICS 16350 WAR 76 EATON CO 80615 —R _ COMPLETE THIS SEC VON ON DEL VERY 0 Agent Addressee C. Data of Delivery D. Is delivery address different (rota hem 1? O Y'es if YES, enter delivery address below: O Na I I dV1e r---_. a Mail Q Asa Mail ad 0 Return Receipt tor Merchandise Mail © C.O.D. • 4. Restricted Delivery? (Extra Fee) O Yes . 2. 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