HomeMy WebLinkAbout20170532.tiff1
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
TRANSCRIPT OF PUBLIC MEETING
HEARING CERTIFICATION
DOCKET NO. 2016-74.B
IN RE: A SHOW CAUSE HEARING, PCSC16-0004, CONCERNING A MINOR
AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN, MUSR14-0030, AND
USE BY SPECIAL REVIEW PERMIT, USR-1704, FOR A SOLID WASTE DISPOSAL
SITE AND FACILITY (INCLUDING CLASS I COMPOSTING, AN ANIMAL WASTE
RECYCLING OR PROCESSING FACILITY [AN ANAEROBIC DIGESTER -BASED
RENEWABLE ENERGY PLANT GAS], ALONG WITH A CONCRETE BATCH
PLANT TO BE USED FOR CONSTRUCTION OF THE FACILITY FOR THE
ADDITION OF A DIGESTER PROCESS AND A 70 -FOOT FLARE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - HEARTLAND BIOGAS, LLC
(10:00 A.M. TO 3:40 P.M.)
The above -entitled matter came for public meeting before the Weld County Board of
County Commissioners on Monday, November 14, 2016, at 1150 0 Street, Greeley, Colorado,
before Tisa Juanicorena, Deputy Clerk to the Board, and TRANSCRIBED by Randel Raison,
Certified electronic court transcriber with Agren Blando Court Reporting and Video, Inc.
I HEREBY CERTIFY that upon listening to the audio record, the attached transcript is a
complete and accurate account of the above -mentioned portion of the public meeting.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Esther E. Gesick
Clerk to the Board
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1 APPEARANCES:
2
ON BEHALF OF THE BOARD OF COMMISSIONERS:
3
COMMISSIONER MIKE FREEMAN, CHAIR
4
COMMISSIONER SEAN P. CONWAY, PRO-TEM
5
COMMISSIONER JULIE A. COZAD
6
COMMISSIONER BARBARA KIRKMEYER
7
COMMISSIONER STEVE MORENO
8
9 ALSO PRESENT:
10 ACTING CLERK TO THE BOARD, TINA JUANICORENA
11 COUNTY ATTORNEY, BRUCE BARKER
12 ASSISTANT COUNTY ATTORNEY, FRANK HAUG
13 PLANNING SERVICES DEPARTMENT, CHRIS GATHMAN
14 HEALTH DEPARTMENT, PHIL BREWER
15 HEALTH DEPARTMENT, BEN FRISSELL
16
17
18
19
20
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23
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25
3
1 CHAIRMAN FREEMAN: And I'll call up today,
2 Hearing Docket No. 2016-74 PL2072, Show Cause hearing
3 to Show Whether a Good Cause exists for revocation of a
4 Minor Amendment to a Site Specific Development Plan,
5 MUSR14-0030, and Use by Special Review Permit,
6 USR-1704.
7 MR. HAUG: Good morning, Commissioners.
8 Assistant County Attorney, Frank Haug.
9 As you noted, Mr. Chair, this is a hearing
10 regarding the Show Cause, which is continued from
11 September 19th, to determine whether there is some
12 violation of the USR permit.
13 Before we begin with that I wanted to make
14 the Board aware of a few things that have happened
15 recently with regard to this, and also just kind of
16 frame what we're looking at here today.
17 We did receive a letter, or I received a
18 letter, on November 8th, last week, from the State
19 which regarded their Certificate of Designation for
20 this facility.
21 And I think it's important to recognize
22 there's a couple of different things going on. There's
23 the USR permit, which is our local land use permit.
24 Then there's the Certificate of Designation, which is a
25 -- both the State and the County issue, essentially.
4
1 It's a license for waste facilities to operate.
2 Because what we initially issued a
3 Certificate of Designation, in 2010, to Heartland
4 Renewable Energy. That was the company at the time we
5 granted the USR that owned and operated this facility.
6 It was transferred, in 2013, to Heartland Biogas, who
7 is not related to the other Heartland, they just both
8 had Heartland in their name.
9 At that time Heartland, through AGPRO, did
10 notify both the County and the State that this change
11 was taking place. The State was issued a notification
12 of that and they responded with an approval saying,
13 yes, essentially we see that you changed your name and
14 the owner of the facility, and they approved it.
15 In 2014, when Heartland Biogas was going
16 through a modification to their Engineering and Design
17 and Operations Plan, we notified the State and the
18 State returned a letter to us in October of 2014
19 indicating that we did not need to modify the
20 Certificate of Designation in any way.
21 Well, on November 8th, last Tuesday, they did
22 send a letter to us basically saying that what should
23 have happened is that when the transfer of ownership of
24 the company took place, they should have changed the CD
25 to get that new company on it. And effectively what
5
1 they're saying is that now what's going to need to
2 happen is that Heartland Biogas needs to go back through
3 -- go through a process to make sure that their CD has
4 the correct reflection of the company name in it, so
5 that it's Heartland Biogas, not Heartland Renewable
6 Energy.
7 Secondary to that -- there is a -- that is
8 issued by the Solid Waste Division of the Colorado
9 Department of Health. That's the CDPHE, that's
10 the Solid Waste Division that does the CD.
11 Secondary to that there is an Air Quality
12 Division within the Department of Public Health, and
13 the Air Quality Division deals with odor. They had
14 been conducting, essentially, an investigation based
15 off of Mr. Brewer's findings, similar to what we're
16 doing here.
17 Ultimately they've come to the conclusion
18 that they're going to -- and as I said, they're
19 effectively going through this process to get it all
20 signed off. But they are going to enter into an
21 agreement with Heartland sitting on certain milestones
22 to make sure that they're meeting all of those
23 conditions of their air quality permit.
24 So, there's the CD permit, there's the USR
25 permit, and then separately from that there's an air
6
1 quality permit. So the State is entering into an
2 agreement, essentially, with Heartland and it sets forth
3 several milestones with regard to what they need to
4 meet the deal with enclosing some of the facilities,
5 making sure that they capture some of the odor. And we
6 can go through those, sort of milestones, and I can
7 provide those to the Board.
8 The issue here before the Board today is
9 really the USR Show Cause hearing. And I let the Board
10 know that because we didn't receive notification from
11 the State until the 8th and we didn't find out about
12 this other air quality issue until Thursday afternoon
13 last week, that we hadn't provided notice to the public
14 because we hadn't gotten information about that until
15 now. So we didn't notice publicly those hearings
16 regarding the CD issue and the air quality issue
17 because we didn't know it until a few days ago.
18 With that said, I think an appropriate course
19 of action with regard to the CD issue and the air
20 quality issue, is that we would need to -- one
21 potential option would be to have more time to evaluate
22 what those deadlines are going to be and what that
23 means, and to notice that, so we can hold, if the Board
24 wants, to hold a public hearing after that notification
25 has taken place.
7
1 But, I wanted to bring those things to the
2 Board's attention to make sure you were aware of them.
3 So, with that said, that kind of sets things up a
4 little bit and kind of gets you up to date on where we
5 are. I don't know if Heartland will have additional
6 comments on that, but I'm happy to answer any
7 questions.
8 CHAIRMAN FREEMAN: Commissioner Cozad?
9 COMMISSIONER COZAD: Frank, what would be the
10 time line for that notification?
11 MR. HAUG: Well, we need to provide, I
12 believe, at least ten days notification. Just as an
13 example, there's a couple of deadlines on the other
14 issue with the air quality permit.
15 The first one of those is November 18th, to
16 basically do an analysis, an engineering analysis.
17 There's a separate deadline, which is December 31st,
18 which is to basically complete construction of part of
19 a facility that's supposed to help stop some of the
20 odor. There's another deadline of March 31st.
21 So the answer to your question is, at least
22 ten days' notice. But there are several, sort of,
23 benchmarks, if you will, and those are a handful of
24 them.
25 CHAIRMAN FREEMAN: Those are deadlines that
8
1 the CDPH --
2 MR. HAUG: Those are State deadlines.
3 COMMISSIONER KIRKMEYER: Same with the air
4 quality permit?
5 MR. HAUG: Correct.
6 COMMISSIONER COZAD: What was the first one?
7 I got the December 31st and November 18th?
8 MR. HAUG: Right.
9 COMMISSIONER COZAD: And that's for the air
10 quality permit?
11 MR. HAUG: Correct.
12 COMMISSIONER COZAD: Okay. Is there a
13 deadline on getting the CD at all or is that back on
14 us?
15 MR. HAUG: The State did not indicate that
16 they were going to set a deadline on the CD. They did
17 indicate that their hope was that Heartland would
18 quickly and soon go through that process to try to get
19 their CD modified.
20 The CD is, like I said, issued by the State
21 and the County, it's a dual -- it's issued by the
22 County with the approval of the State, and it is a dual
23 jurisdiction document. And as I said, both the County
24 and the State have enforcement authority on the CD.
25 So, with regard to notice for that or timing
9
1 for that, the State didn't provide any clarity on that.
2 COMMISSIONER COZAD: Okay. I have some other
3 questions, but I'll wait on that.
4 COMMISSIONER KIRKMEYER: So, could you
5 outline for us what enforcement you believe the State
6 has with regard to the Certificate of Designation?
7 MR. HAUG: The State, pursuant to 30-21-13
8 has inspection enforcement authority. They can
9 essentially go out there and decide whether they're in
10 compliance or not and impose civil penalties. They
11 have various methods with which they can do that.
12 Also, in regulation 1007-2-1.9.2, if they
13 basically see that they have some kind of a violation
14 they can go through and try to get them to either come
15 into compliance or they could go through a process to
16 try to revoke it.
17 COMMISSIONER KIRKMEYER: They can go through
18 a process to revoke the CD that the County gives?
19 MR. HAUG: They can say that they --
20 COMMISSIONER KIRKMEYER: They can go through
21 a process to revoke their approval of the Certificate of
22 Designation and the plan?
23 MR. HAUG: Correct.
24 COMMISSIONER KIRKMEYER: It's not the
25 County's. They can't revoke the County's permit.
10
1 MR. HAUG: Right.
2 COMMISSIONER KIRKMEYER: Okay. And are they
3 talking about imposing any civil penalties?
4 MR. HAUG: At this time they indicated they
5 are not going to impose any penalties currently.
6 They're going to wait and see if they apply for a new
7 CD.
8 COMMISSIONER KIRKMEYER: So currently they
9 don't have approval for a Certificate of Designation
10 from the State for Heartland Biogas?
11 MR. HAUG: That is correct. That is the
12 State's position.
13 COMMISSIONER KIRKMEYER: Okay. And between
14 Heartland Renewal and Heartland Biogas, was there a
15 change in the type of waste stream that was coming into
16 the facility?
17 MR. HAUG: I have to ask my associated staff
18 here. I don't believe that the -- the changing of the
19 company took place in October -- or in 2013. I don't
20 think the change in the operation took place until
21 after Heartland Biogas took over.
22 So, the answer is yes, after Heartland took
23 it over there was a modification to the Engineering and
24 Design and Operation Plan. But that happened after
25 Heartland Biogas had already taken it over.
11
1 COMMISSIONER KIRKMEYER: Okay. I understand
2 that. And there was a change in the in the waste
3 stream? There's a different waste stream that's coming
4 into the facility when Biogas took over? That would be
5 a question that I have.
6 MR. BREWER: The answer is no. The acceptable
7 waste streams were identical.
8 COMMISSIONER KIRKMEYER: So the waste stream
9 in the EDOP for Renewable Heartland is the same for
10 Biogas Heartland?
11 MR. BREWER: Yes.
12 COMMISSIONER KIRKMEYER: And we're absolutely
13 sure of that?
14 MR. BREWER: What was listed in the Air
15 Permit, yes. I don't know about other documents. But
16 the Air Permit the waste stream (indiscernible).
17 COMMISSIONER KIRKMEYER: Okay. I'd like to
18 make sure. I'd like to know certain on that.
19 MR. HAUG: And I think what may be the case
20 is that what was an approved waste stream was the same.
21 What happened was they changed the way that they
22 processed it, I think.
23 CHAIRMAN FREEMAN: Phil, can you just put
24 your name in for the record?
25 MR. BREWER: Excuse me. Phil Brewer, Weld
12
1 County Department of Public Health and Environment,
2 Environmental Health Services.
3 CHAIRMAN FREEMAN: Thank you.
4 COMMISSIONER KIRKMEYER: I'm sorry, Mr. Chair.
5 I would just like to know for certain if the
6 waste stream changed at any point during the
7 Certificate of Designation process and the USR process
8 and the Amended USR process. I want to know if at any
9 point since this was approved, has the waste stream
10 changed.
11 Has there been additional waste added,
12 different types of waste added? And then also with
13 regard to the process, as you said. So, at some point
14 I will need to know that answer.
15 MR. BREWER: Okay.
16 CHAIRMAN FREEMAN: Commissioner Cozad.
17 COMMISSIONER COZAD: And actually, as a part
18 of Commissioner Kirkmeyer's question, I also have a
19 question on the Engineering Design and Operations Plan.
20 Because it sounds like that that was modified. And I
21 am not sure if you gave us the dates of that. But I'd
22 like to know when that was modified at the State level.
23 And then that is tied to the CD, isn't it? The EDOP?
24 MR. HAUG: Yes.
25 COMMISSIONER COZAD: Okay. So I'd also like
13
1 the answer to that question.
2 COMMISSIONER KIRKMEYER: I would too.
3 MR. HAUG: Okay. The -- let me just pull up
4 the letter here.
5 On October 8th of 2014 the State issued a letter
6 from -- regarding the changes that Heartland Biogas
7 made. The change that was made was to add the
8 Digestive Processing System, the DPS. That's the
9 facility that Heartland Biogas added. That was a
10 change to the Engineering Design Operations Plan.
11 We noticed the State that that change was
12 taking place and the State sent us this letter on the
13 8th of October 2014, saying that this is an operational
14 issue and not a change to the Certificate of
15 Designation and, therefore, the CD does not need to
16 change.
17 So I believe the answer is, they didn't
18 change what they were approved for, material that they
19 were bringing in. It was the addition of this
20 processing, the Digestive Processing System that
21 changed, and that is what is different about what
22 happened after Biogas took it over.
23 CHAIRMAN FREEMAN: Go ahead.
24 COMMISSIONER COZAD: Just a quick follow up.
25 CHAIRMAN FREEMAN: Yes.
26 COMMISSIONER COZAD: Maybe this is
14
1 Commissioner Kirkmeyer's question.
2 So at that time, in October of 2014, they
3 determined that their CD was okay. But now, all of a
4 sudden in the last couple of weeks, they're saying it
5 is not and it's mainly the name change? It's not --
6 they're saying it has nothing to do with the digester
7 or how they're operating. Is that correct?
8 MR. HAUG: Correct. The State did not
9 identify the change in the Engineering and Design Plan
10 as the issue. They identified the name change in the
11 company being the problem.
12 The statutes say -- one of the things the
13 Board has to consider in granting a CD is the ability
14 of the particular applicant to operate the facility.
15 And because it's a different company operating it, that
16 analysis would need to take place.
17 COMMISSIONER COZAD: Is it something they
18 just didn't catch or was it a different person that's
19 working there now with them, or do you know?
20 MR. HAUG: I don't know the exact answer to
21 that question.
22 COMMISSIONER COZAD: Okay. Well I'm sure
23 we'll hear about it. But I still want the answer to
24 that question, so.
25 CHAIRMAN FREEMAN: So, hang on just a second,
15
1 Bill. We'll call you up in just a second.
2 MR. GARCIA: I have some information that
3 might help.
4 CHAIRMAN FREEMAN: Okay.
5 MR. GARCIA: That's all I was --
6 CHAIRMAN FREEMAN: We'll bring you up in just
7 a second.
8 Is there any other questions of staff? Yes.
9 COMMISSIONER KIRKMEYER: I'd like to see a
10 copy of the original USR and the original Certificate
11 of Designation that was approved by the Board of County
12 Commissioners.
13 MR. HAUG: I can email that to all of you.
14 COMMISSIONER KIRKMEYER: That would be great.
15 CHAIRMAN FREEMAN: Okay. Any other questions
16 for staff at this point?
17 (No response.)
18 CHAIRMAN FREEMAN: I'm sure there's going to
19 be more. But, okay, with that we'll go ahead and have
20 the Respondent or the Respondents come on up and --
21 COMMISSIONER CONWAY: Enlighten us.
22 CHAIRMAN FREEMAN: -- enlighten us, yes.
23 MR. GARCIA: Thank you, Commissioners. My
24 name is Bill Garcia, with Coan, Payton and Payne for the
25 Respondents. And my address is 5586 West 19th Street,
16
1 Greeley.
2 And I first want to thank Mr. Haug and Mr.
3 Barker, they were kind enough to include us on some of
4 these conversations. These conversations between the
5 State and the County, these were internal within the
6 government's attorneys and discussions.
7 And they were able to tell me that this was going
8 on. Mr. Haug was able to forward me a copy of the
9 letter, and I had conversation with David Kreitzer
10 (phonetic) from the AG's Office on the 10th, and it was a
11 very nice conversation. He indicated that this was --
12 he gave me the impression that this was more of a --
13 there was a name that was changed. That was of a
14 concern because the named was changed, it's a different
15 owner/operator.
16 The other concern is the financial assurance
17 that that was what the State was interested in, and
18 that financial assurance actually is in place and
19 that's why the State is not taking this as an immediate
20 option activity.
21 They want to make sure that this box is
22 checked off, so to speak. It was good information to
23 be shared by David Kreitzer. And further, in his
24 letter he indicates that in terms of the EDOP, they
25 have reviewed the EDOP and they're involved in that.
17
1 So they're not -- this isn't coming as a surprise in
2 terms of what the engineering design is.
3 And that the financial assurances have been
4 provided. So, this is not an eminent matter. But he
5 did ask that Heartland consider in the future providing
6 application under a new name. And that's in difference
7 to what they said in 2014 to Heartland and the County.
8 CHAIRMAN FREEMAN: Okay. Yes?
9 COMMISSIONER CONWAY: I'd like to ask you
10 some questions, and I certainly understand based on the
11 ongoing negotiations between the Department of Health
12 and whoever else is involved.
13 Our County Attorney talked about a time line
14 in terms of November 18th, December 31st, March 31st,
15 in terms of meeting certain thresholds.
16 Can you comment on that or is that still a
17 work in action?
18 MR. GARCIA: Those are the time lines that
19 are based on the agreement that has been made with the
20 Air Quality Commission. And I can give you some
21 information on that. But that is included in the
22 presentation by Mr. Thomas and you'll get information
23 from the provider on that. Thank you.
24 CHAIRMAN FREEMAN: Okay. Further questions?
25 (No response.)
18
1 CHAIRMAN FREEMAN: Okay. Thanks.
2 MR. GARCIA: Thanks.
3 CHAIRMAN FREEMAN: So, if the Respondent
4 wants to go ahead and come on up and do their
5 presentation, tell us what they want to tell us.
6 Oh, do we still have some more from the
7 staff? Oh, I'm sorry, I got ahead of myself. I'm
8 sorry. Go back to you. That's all right, go ahead.
9 MR. GATHMAN: I just have a couple things I
10 just wanted to let the Board know what's happened since
11 the November -- oh, I'm sorry -- the September 19th
12 hearing. There was a building permit that was
13 submitted by Heartland for 5,040 square feet.
14 clear span fabric building cover addition, and that's
15 to cover the area that receives the livestock material
16 and temporary storage. So that has been submitted,
17 that permit has been issued. Additionally --
18 COMMISSIONER KIRKMEYER: Could you
19 give us the date on that, please?
20 MR. GATHMAN: The permit was submitted on
21 November 3rd, 2016.
22 COMMISSIONER KIRKMEYER: And when
23 was it issued?
24 MR. GATHMAN: I think it was issued on the
25 4th. It was fast tracked. Might have even been on the
19
1 3rd.
2 COMMISSIONER KIRKMEYER: Thank you.
3 MR. GATHMAN: Additionally there have been,
4 since September the 19th, 199 odor complaints received
5 and staff has been out there for 16 nasal ranger
6 evaluations of the property. And I know we have some
7 additional information from Environmental Health on
8 some of the slides, so I could defer a colleague on
9 that.
10 CHAIRMAN FREEMAN: Okay. Go ahead. Phil,
11 did you want to go ahead and give us your update?
12 MR. BREWER: Sure. The slide on the screen
13 there is a picture of the locations of complaints that
14 have been received that are the red discs or red
15 circles. The blue circles on the -- excuse me. The
16 blue circles on the map are locations where we have
17 conducted odor evaluations. The blue circles are all
18 representing odor evaluations that were conducted and
19 did not result in a determination of a violation of the
20 Regulation No. 2 Odor Standard, and the Odor Standard
21 in the USR.
22 CHAIRMAN FREEMAN: Okay. Commissioner Cozad.
23 COMMISSIONER COZAD: Phil, just a quick
24 question. It looks like there's a lot of odor
25 complaints to the southeast of where the facility is,
20
1 and it looks like you've done a couple of evaluations.
2 I think it looks like it's about a mile way down
3 to the south, I think it's County Road -- I can't read
4 it, it's on there. I think it's 38 maybe.
5 But it looks like you did a lot of your
6 evaluations directly to the south and then to the
7 southwest. Can you talk about that, explain that?
8 MR. BREWER: The blue circles you're
9 referring to, is that correct Commissioner?
10 COMMISSIONER COZAD: Yes.
11 MR. BREWER: Okay.
12 COMMISSIONER COZAD: If I'm understanding
13 what you just told us. You said that the red circles
14 are where the complaints came from.
15 MR. BREWER: That is correct.
16 COMMISSIONER COZAD: The blue ones are -- you
17 went out and did an evaluation?
18 MR. BREWER: That is correct.
19 COMMISSIONER COZAD: Okay.
20 MR. BREWER: Many of the blue circles around
21 the square mile, on which Heartland is located, were at
22 locations where there has been previous determinations
23 of high concentrations by Trinity Consultants. Not
24 violations, but high concentrations.
25 The other blue dots, beyond that square mile,
21
1 were conducted in response to the wind directions
2 carrying odor beyond that square mile. Those were also
3 determined to be not compliance violations.
4 COMMISSIONER COZAD: So none of the
5 evaluations that you did were in violation of the 7:1
6 threshold?
7 MR. BREWER: That is correct.
8 COMMISSIONER COZAD: Thank you.
9 CHAIRMAN FREEMAN: Questions? Yes,
10 Commissioner Kirkmeyer.
11 COMMISSIONER KIRKMEYER: At any point? Or
12 are you saying that they didn't meet where it has to be
13 that, what, 15 to so many minutes, 20 minutes, whatever
14 it is, to so many minutes time and they get to retest
15 it?
16 MR. BREWER: That is correct. There were no
17 test determinations, no determinations at all of odor
18 that satisfied the criterion for a violation.
19 COMMISSIONER KIRKMEYER: Okay. Were there
20 any tests that showed that they did meet, or that they
21 weren't meeting it and then the next -- is it 15,
22 minutes, 20 minutes that you have to wait before you
23 give another test?
24 MR. BREWER: Yes.
25 COMMISSIONER KIRKMEYER: Were there any
22
1 initially that met it?
2 MR. BREWER: There were some that were 8:1,
3 but they didn't fulfill the criterion of a repeat
4 determination at that level in satisfaction with
5 criteria that we must follow.
6 COMMISSIONER KIRKMEYER: Sure. Can you tell
7 me how many were 8:1 --
8 MR. BREWER: I can --
9 COMMISSIONER KIRKMEYER: -- and in what areas
10 those would have been?
11 MR. BREWER: I can in a few moments.
12 COMMISSIONER KIRKMEYER: Okay. That would be
13 great.
14 You can find that out and tell me after a few minutes,
15 whatever.
16 MR. BREWER: I will do that. (Pause.)
17 COMMISSIONER MORENO: I'm looking on page 293,
18 Phil, is that what you're on?
19
20 MR. BREWER: 293?
21 COMMISSIONER MORENO: 293, that's what it looks
22 like.
23 (Pause.)
24 CHAIRMAN FREEMAN: So, were there any other
25 questions of any of the other --
23
1 COMMISSIONER CONWAY: I have one,
2 but I want him to finish up with --
3 CHAIRMAN FREEMAN: Sure.
4 COMMISSIONER CONWAY: We can move on now and come back.
5 (Pause.)
6 MR. BREWER: Those are the dates and times at
7 which we did odor determinations, and the findings are
8 in the second column from the right.
9 COMMISSIONER KIRKMEYER: All right. What page is
10 that, Chris, in our file?
11 MR. GATHMAN: This is in the PowerPoint
12 presentation. I don't think we have a separate --
13 COMMISSIONER KIRKMEYER: The Applicant's
14 PowerPoint presentation?
15 MR. GATHMAN: No. This is -- actually this
16 came from Environmental Health. So this was data
17 that --
18 COMMISSIONER KIRKMEYER: So, where is it at in
19 your files? So, you can't tell us where it's at in our
20 files, this?
21 MR. GATHMAN: No, I can't. I mean, this is
22 information that was provided from us by EH.
23 COMMISSIONER KIRKMEYER: Alright. Can you email
24 that to us, please?
25 MR. GATHMAN: Sure.
24
1 COMMISSIONER KIRKMEYER: Thank you. And it is
2 part of the record already?
3 MR. GATHMAN: This is part of the PowerPoint
4 presentation. This is information that was added to
5 the presentation by Environmental Health, so.
6 COMMISSIONER KIRKMEYER: All right. Thank you.
7 MR. GATHMAN: You bet.
8 MS. JUANICORENA: Commissioner Kirkmeyer?
9 COMMISSIONER KIRKMEYER: Yes.
10 MS. JUANICORENA: Page 373.
11 COMMISSIONER KIRKMEYER: 373. No wonder I haven't
12 found it yet.
13 COMMISSIONER CONWAY: I just have --
14 CHAIRMAN FREEMAN: Okay. Go ahead, Commissioner Conway.
15 COMMISSIONER CONWAY: Phil, can I ask you a
16 quick question?
17 MR. BREWER: Yes.
18 COMMISSIONER CONWAY: Okay. I just want to understand
19 the matrix for measurement to determine if there's a violation.
20 So you go out there and it's initially an 8:1
21 dilution, which is a violation of the USR standard,
22 correct? You wait 15 minutes and it comes back and it
23 goes to 6:1 dilution. On average that's a 7:1 dilution
24 of the two tests.
25 Does it have to meet the 7:1 dilution for it
25
1 to be a violation or do you do the average?
2 MR. BREWER: The average is not conducted or
3 calculated. It is either a 4:1, greater than 4:1, less
4 than 4:1 or an 8:1, greater than 8:1, less than 8:1.
5 COMMISSIONER CONWAY: So it must, in both of
6 those tests -- and I'm just doing this -- I think I
7 know the answer to this, I just want to make sure.
8 Both need to be above that standard. If the
9 average, what I'm trying to get to, you can't determine
10 an average, is that right?
11 MR. BREWER: That's correct, yes.
12 COMMISSIONER CONWAY: Okay, thanks. That's
13 all I wanted.
14 CHAIRMAN FREEMAN: Okay. Any other questions
15 of staff? Yes, Frank?
16 MR. HAUG: If I could just answer
17 Commissioner Kirkmeyer's question. The waste streams
18 that were approved, were approved in 2013, prior to the
19 company's change taking place.
20 However, I do not know the answer to the
21 question of what was actually being brought in. In
22 other words, they were approved for (indiscernible), the waste
23 stream, but I don't know what they actually were
24 bringing in or in what quantities. And so that would
25 be something that we would have to find out.
26
1 COMMISSIONER KIRKMEYER: Okay, thank you.
2 CHAIRMAN FREEMAN: Okay. So now I think
3 we're ready to go ahead and have the Respondent come up
4 with their presentation.
5 I don't know. Chris, are you showing us a
6 PowerPoint?
7 MR. GATHMAN: No.
8 They have a separate PowerPoint.
9 CHAIRMAN FREEMAN: Okay. So your guys'
10 presentation is done?
11 MR. GATHMAN: Yeah.
12 CHAIRMAN FREEMAN: Okay. Come on up.
13 COMMISSIONER CONWAY: No, no. It's all right. Ziggin'
14 and zaggin'.
15 MR. THOMAS: Good morning, Commissioners. My
16 name is Jason Thomas. I am the Plant Manager for the
17 Heartland Biogas facility. The presentation is a
18 little bit shorter than the last time, so what we're
19 going to be talking about today is all the hard work
20 that we've done to meet the requirements that you guys
21 put forth and also that we've taken on in order to
22 improve the odors at the facility.
23 So we're going to talk about the Resolution
24 requirements. There were requirements in the
25 Resolution December 19th, so we want to talk about what
27
1 we've done to comply with those and continue to talk
2 about the community outreach efforts that we've made.
3 Some discussion on continued odor monitoring,
4 the APCD compliance order, which you guys have spoken
5 about a little bit but I'll give you some more detail
6 on. And then the odor control product status.
7 So, first we were going to talk about the
8 requirements from the Resolution. The first one being
9 that we maintain our gas production to less than 60
10 percent of design. In this graph what you're seeing
11 is the green line is the 60 percent of the design
12 capacity of the plant. The blue dots are our daily
13 gas, raw biogas production from September 19th. So you
14 can see that we've maintained gas production less than
15 60 percent of the design capacity.
16 This next graph will show the waste materials
17 that were brought onto the facility. The Resolution
18 required that we limit materials to the current rate.
19 We took the current rate to mean what we've been doing,
20 so that what we used as the benchmark is the average
21 daily receipt in the third quarter of 2016.
22 And the bar graphs, I'll describe them for
23 you. The green ones are third-quarter average and the
24 orange are for -- since the Show Cause hearing. These
25 are the numbers that were provided to Phil Brewer at
28
1 his request on November the 2nd.
2 You can see that manure -- the first two
3 graphs that are side by side are manure receipts. We
4 have contractual obligations for manure receipt, so it
5 should be very much the same as normal. As a matter of
6 fact it looks like it was up just a little bit, but the
7 difference being like 3,000 pounds per day on average
8 more.
9 The substrate feed, which is the waste
10 material that received in the DPS. This is the stuff
11 that we talk about that's really a horrible odor. I
12 mean manure is an average smell for the area, or odor
13 for the area, but the substrate material is the stuff
14 that's trash and other really smelly material.
15 And you can see that there's significant
16 reduction, actually, in the amount of materials that we
17 received. And then the final graph there, bar graph
18 there shows just the sum of the two, right, total
19 manure, total substrate, for the average third quarter
20 2016, and then what we've done since the Show Cause.
21 COMMISSIONER MORENO: Just real quick, since
22 you got that slide. Is it okay, Mr. Chair?
23 CHAIRMAN FREEMAN: Yeah, go ahead.
24 COMMISSIONER MORENO: The products that you
25 bring in, it's all coming from within Weld County or
29
1 being brought in from outside the county?
2 MR. THOMAS: Most of it -- I think that
3 during the last Show Cause hearing we talked about 80
4 percent of the material, organic materials received
5 from inside Weld County.
6 COMMISSIONER MORENO: Okay.
7 MR. THOMAS: I don't know what portion of
8 this came from Weld County.
9 COMMISSIONER MORENO: Okay, thank you.
10 MR. THOMAS: 80 percent of the total that we
11 received comes from Weld County.
12 COMMISSIONER MORENO: Thank you.
13 CHAIRMAN FREEMAN: Okay. Go ahead.
14 MR. THOMAS: Finally, on the Resolution it
15 said that we had to host at least two neighborhood meetings
16 with proper notice given. We had -- we had scheduled four,
17 and these were scheduled before the September 19th Show Cause
18 hearing. So the community had been notified of these particular
19 four meetings before the Show Cause hearing on September the 19th.
20 We held one on September the 29th, we had
21 seven attendees. The community requested that we not
22 hold the one for October the 13th, so we did not have a
23 meeting that night. We did keep the meeting place, and
24 I was there for about a half an hour in case somebody
25 wanted to show up, but I didn't see anyone.
30
1 October the 27th we had seven attendees, and
2 then November the 10th we had six attendees. And then
3 for future meetings -- at our last meeting on November
4 the 10th, we talked -- "we" being the community members
5 and myself, about what they wanted to do for the next
6 upcoming meetings, and they requested a meeting the
7 second week of December and then one after the New Year
8 because of the holidays.
9 Okay. So some additional things that we've
10 done in community outreach. You'd asked that we
11 establish some communication methods, for instance,
12 some way -- a phone call, a hotline or something like
13 that. We offered three. Those are now all in place.
14 They were put in place on October the 27th finally.
15 So, we have the odor email. You can send an
16 email to an email address, it's copied to me, it's also
17 copied to the controller (sic). There's an odor
18 hotline, it's a local number, 9-7-0, number and it is
19 staffed 24/7, and they have a script that they go
20 through with the person reporting the odor so that it
21 can be recorded, and then that is reported back to us.
22 They also will ask if the person reporting the odor
23 would like a phone call or a contact back from me, and
24 if they do then that is given to me directly.
25 And then we have the website. The website's
31
1 really well put together. Unfortunately at this point
2 nobody has reported an odor on that website. But you
3 type in the address and it's two pages of self
4 populating, you know, date, time, what was the odor,
5 what is your address and what's your phone number,
6 would you like a response, that kind of stuff. So,
7 that's all in place. We received two phone reports to
8 date and then two email reports to date.
9 I also gave a plant tour to Steve Flippin and
10 Russ Justice (sic) on November the 10th. And we've tried
11 to set up actual tours, but often that doesn't work
12 with our schedule or with the neighbors' schedule. So
13 I've just been encouraging people to come and have a
14 tour, right?
15 So Steve called me on the morning of the
16 10th, said he wanted to have a tour. I had an opening
17 in the afternoon. And so Steve and Russ came out and
18 toured the facility. So, at the meetings I've been
19 encouraging everyone to do that, just to make a phone
20 call whenever it's convenient for them, that we would
21 provide those tours whenever they wanted to.
22 Finally, we purchased, at the request of the
23 neighbors, nasal rangers. The first nasal ranger was
24 given to James Welch on September the 23rd, 2016.
25 James returned the nasal ranger to us on November the
32
1 10th, 2016. So I have that back and we're looking to
2 see if someone else from the community would like to
3 borrow it.
4 I didn't get any feedback from the readings
5 that he had taken. I know there were some challenges
6 with his busy schedule and that kind of stuff, so I
7 don't know exactly what his readings were off of that.
8 I had requested that if he read something at
9 an 8:1 that he would inform me, and I didn't get any
10 indication that he had gotten any readings above 7:1 dilution
11 threshold.
12 The second nasal ranger was given to Steve
13 Flippin on October the 14th, 2016. Steve continues to
14 have that. The same request was in place, that I would
15 be informed if there were any in excess to 7:1
16 readings. I haven't heard anything, so I don't know
17 what his readings are. And he still has the nasal
18 ranger.
19 And both Steve and James Welch weren't (sic)
20 certified to use the nasal ranger from the State.
21 We continued our odor monitoring, not as
22 intense as we were doing prior to the Show Cause
23 hearing. We were using that as a benchmark to test the
24 performance of our odor controls that we put in place.
25 But we are continuing the odor monitoring, mostly to
33
1 verify continued compliance with the Regulation No. 2,
2 and then also to verify the odor intensity; is the odor
3 getting worse, is it getting better, is it staying the
4 same. Just to make sure that we're maintaining as we
5 implement our odor controls.
6 They are performing odor monitoring thee
7 times a week and it's either in the morning or the
8 evening, because that's when we have the predominant
9 number of reports.
10 They've taken 88 readings since the Show
11 Cause hearing and they demonstrate similar results to
12 the previous intense odor monitorings.
13 This is the screen that demonstrates -- I
14 hope it's not too small -- but this demonstrates the
15 Compliance Order between the Air Pollution Control
16 Division and Heartland Biogas. We did sign the Order
17 and we sent an electronic copy of that signature to the
18 APCD on Thursday. The official documents or the
19 original documents will be put in the mail today and
20 sent them, they'll sign one and send it back.
21 In that Compliance Order there are a lot of
22 requirements. I've highlighted the requirements that I
23 think are most pertinent to this Show Cause hearing.
24 As far as the regulatory limits we are required to meet
25 the limits established by Regulation No. 2 at the
34
1 Residential and Commercial limits of not to exceed a 7:1
2 dilution (sic) threshold.
3 For engineering of the control systems, the
4 initial engineering must be complete by November the
5 18th, 2016, and that is done. We've already got the
6 initial engineering on all of the systems, and some of
7 the systems that we were looking at.
8 For construction there was three dates in the
9 construction side. One is December the 31st, 2016.
10 This is what we'll refer to as Building No. 1.
11 Building No. 1 is the expansion, basically, we're
12 doubling the size of the existing round -topped fabric
13 structure building. This is the one that the Planning
14 Department said we'd submitted the permit application
15 and it's approved.
16 The second date in the Compliance Order is
17 March 31st, 2017. This is for the completion of the
18 substrate tank and dosing tank system. This is where
19 we remove the vents off of the substrate tanks. We
20 connect the dosing tank to the substrate tank. We
21 collect the gases off of the top of the tank and then
22 we put them through a filtration system to remove
23 the odors. That is due on March 31st, 2017.
24 And then the Compliance Order establishes a
25 third date, which is June 30th, 2017, which is the
35
1 completion of the DPS Building No. 2. And you may
2 remember from my presentation last time, Building No. 2
3 is the building that covers the concrete pad where
4 material is currently unloaded outside. It will also
5 cover the underground pits and that kind of stuff. And
6 then also the air handling unit must be complete for
7 that unit as well.
8 So, eventually the DPS will have an extended
9 fabric structure building due December 31st, and a
10 second unloading area building, which is brand new,
11 which is due on June 30th, and both of those will have
12 air handling units with odor controls on them, and that
13 is due on June 30th, 2017.
14 In addition, we have odor monitoring
15 requirements in the Compliance Order. It designates
16 that it must be a third party, odor monitoring
17 consultant or performer. It must be done. We will
18 have to do an intense odor monitoring very similar to
19 what we did before, within 30 days of the second DPS
20 building and air handling unit completion. And the
21 idea is that we would evaluate other sources if any
22 reading is over 7:1.
23 This is different, right, than the regulation
24 requirement which we've talked about many times. The
25 regulation says you have to be in excess of 7:1
36
1 dilution threshold, and you have to be measured twice,
2 they have to be 15 minutes apart but taken within 60
3 minutes. This one says that you'll evaluate other odor
4 sources if any measurement was taken in excess of 7:1.
5 In addition to all of the requirements, the
6 compliance order also requires that we report monthly
7 odor management updates to the APCD. So we would be
8 making monthly updates to the APCD, showing or
9 demonstrating the progress that we've made in meeting
10 the requirements of the Compliance Order in the idea
11 that we would be improving in the odor generation from
12 this facility.
13 So I'll talk a little bit about our progress.
14 For DPS Building No. 1. You see -- in the picture you
15 see the existing fabric structure building. The idea
16 here is that we will take that end off of that building, the
17 building will be extended, basically double the size
18 that it is right now, and then the building's ends will
19 be put back on, obviously.
20 The building permit was submitted on November
21 3rd and we picked the building permit up on November
22 7th. I have to express my appreciation and my
23 company's appreciation for the rapid turnaround that
24 the Planning Department did in that permit. I know
25 that's outside of their normal business practice and it
37
1 really has a huge impact on my business and my ability
2 to aggressively pursue these controls. So, thank you,
3 and I appreciate that. Whoever was involved with that,
4 if you would express our appreciation to them as well.
5 Construction started on November 8th, and
6 that was beginning with the dirt work and that kind of
7 stuff. And then the footer for the building was poured
8 on November 11th. So Friday of last week, or Thursday
9 of last week -- Friday of last week.
10 The rest of these dates are all projections
11 based on the construction schedule. We will be placing
12 the concrete blocks. Basically that building sits on
13 these really big concrete blocks. That becomes the
14 structure for the building.
15 I will be setting those November the 15th.
16 We'll be pouring the floor in the building on November
17 the 18th. We're trying to align that with the
18 Thanksgiving holiday, so that, you know, basically
19 concrete is curing while we're eating turkey.
20 We will be erecting the building starting on
21 November the 28th, with the building being complete
22 somewhere around December the 19th. So that's Building
23 No. 1, DPS Building No. 1, and in the Compliance Order
24 that's the one that's required to be complete by
25 December the 31st.
38
1 Building No. 2 is the building -- the new
2 building. It basically covers the concrete unloading
3 pad where some of the material is unloaded. It comes
4 basically in the solid form and needs to be diluted so
5 that it can be sent to the digester. It is dumped on a
6 pad and pushed into an auger system and then pushed
7 into underground storage tanks where it is macerated,
8 where it is diluted and then sent to the digester
9 daily.
10 This building is more difficult in the civil
11 and engineering design in that it impedes on an
12 existing containment. So we're having to work through
13 the issue of changing tank dimension and fixing that.
14 So that's the work that we're doing now. We have the
15 building, we know what we're going to build. We're
16 making sure that the civil, foundation, structures and
17 existing equipment doesn't impede upon the building.
18 So this one's a little more complex.
19 You can see the engineering and construction
20 schedule at the bottom. Final design and engineering
21 will be done by the first week in December, with the
22 permit application in the first week of December.
23 That's what we're anticipating. With procurement and
24 fabrication of the building beginning immediately
25 thereafter, and then construction beginning the first
39
1 week in January. And that we have on this schedule a
2 projection that the building will be complete in the
3 first week of March 2017.
4 CHAIRMAN FREEMAN: Okay.
5 MR. THOMAS: We have the DPS air handling unit and
6 bio filter. This is the system that will connect the two DPS
7 buildings. It will draw air out of the buildings and then through
8 a filtration system. The initial design is complete and we've
9 evaluated best practices from Europe and we're incorporating
10 those best practices into the final design.
11 We actually had a representative from Europe
12 come and talk to us about how to do this most effectively.
13 They reviewed our initial design and gave us some
14 pointers and some ideas. So we've actually had people
15 in our facility helping us out with this.
16 That's great. Because you guys had mentioned
17 best practices. Right?
18 And then the schedule for this, by March 1st,
19 2017, we expect that the final design will be complete
20 with the submittal of the building permit, and then
21 purchase decision and begin fabrication around March,
22 2017.
23 May 2nd we anticipate that we will begin
24 construction on this filtration system, and that it
25 will be done or completed on the last week of June.
40
1 For the tank dosing and substrate tank, the
2 engineering and design are complete. We submitted it
3 to the contractor for bid on October the 17th. The
4 contractor bid will be approved on December 1st. We
5 are going through some final discussion on pieces of
6 equipment that are being procured.
7 Contractor procurement is expected or anticipated to
8 take six to eight weeks, with the contractor construction
9 projected to start around January the 15th. And then
10 construction on this filtration system will be
11 complete, estimated is March 15th.
12 So this represents the item in the Compliance
13 Order which is due by March 31st, 2017.
14 COMMISSIONER COZAD: Mr. Chair?
15 CHAIRMAN FREEMAN: Yes.
16 COMMISSIONER COZAD: I'm sorry. Jason, can you go
17 back to the previous slide?
18 MR. THOMAS: There we go.
19 COMMISSIONER COZAD: Can you just explain,
20 kind of a little bit more in layman's terms, what this
21 will do, this tank system?
22 MR. THOMAS: Yep.
23 COMMISSIONER COZAD: Just briefly?
24 MR. THOMAS: Yep. So the tank's got that
25 same really smelly material in in, right, and it's put
41
1 into the digester, so heated. But it's not just stuff
2 that's also heated. We're required to ventilate that
3 tank because it's like a really highly overfed digester
4 so it can produce some hydrogen. It won't produce
5 methane because of the ph content (sic), not in
6 layman's terms, but it won't produce methane.
7 Little amounts, very small amounts of H2, so
8 you have to evacuate out of it. Right now that gas is
9 just vented to atmosphere. This system replaces those
10 vents with pipes. So instead of venting it to the
11 atmosphere it's vented into pipe work. That pipe work
12 transfers the gases to a filtration system, a
13 biofilter, an iron sponge (indiscernible) something.
14 Where the odor is extracted out of those
15 gases, and then get -- the gases are exhausted. So
16 instead of just venting it straight out of the tank to
17 the atmosphere, which is where the primary source of
18 odor's coming from, it's collected and sent through a
19 filtration system in order to be exhausted.
20 COMMISSIONER COZAD: Okay. So may I ask a
21 follow up question?
22 On the buildings that you talked about,
23 you're saying this is a primary source of odors of at the
24 tanks. But, you know, we've also talked about where
25 the materials' brought in and where it's dumped and
42
1 those kinds of things, and that's why you're putting up
2 some of these other buildings.
3 So, will those buildings also be ventilated
4 or will that venting also go into a pipe and back
5 through the biofilters?
6 MR. THOMAS: Yeah. So it will be treated.
7 It actually has to be in their handling unit because
8 the idea behind that building is, the door opens, the
9 truck drive in, the door closes, they unload the truck,
10 the door opens, the truck leaves, the door closes.
11 The doors will always be closed unless
12 something's driving through them, which means you're
13 running heavy equipment in the buildings so you have to
14 have an air handling unit for employee safety as well
15 as odor collection.
16 That's what makes this system more difficult
17 because you have to move pretty high volumes of air. In
18 order to treat odors when you're moving the high
19 volumes of air, it becomes a little bit more difficult.
20 But that air handling unit will do both. It will move
21 the air requirements to maintain a safe working
22 environment, and that air, which will be collected by a
23 blower and pipe work or duct work, in that case, will
24 go through a filtration system, either a biofilter, or
25 a carbon filter or something that treats those odors.
43
1 COMMISSIONER COZAD: Okay. So they're not
2 going to be also just vented out into the air --
3 MR. THOMAS: No.
4 COMMISSIONER COZAD: -- either? Okay.
5 MR. THOMAS: And that's what this speaks to;
6 the DPS, the buildings, air handling unit and
7 biofilter.
8 COMMISSIONER COZAD: Okay.
9 MR. THOMAS: A separate system from the one
10 that goes to all the substrate tanks.
11 COMMISSIONER COZAD: Okay. Thank you.
12 MR. THOMAS: So, in addition we were talking
13 internally about what else can we do. Right? We
14 recognize that the schedule is difficult because, you
15 know, we're dealing with odors and this is long term.
16 It goes to some of the comments that you were making
17 previous.
18 We're looking for ways to improve the odor
19 now. To do that we were introduced by Jay Hasbrook of
20 Double J Farms in Ault, Colorado, to a lagoon
21 treatment. He actually has a treatment for all kinds
22 of the odors that come up from like facility. And it's
23 a microbiological treatment.
24 The microbes can be misted into the air, they
25 can be applied to the material and they can go into the
44
1 lagoons. Unfortunately, the microbiology that they
2 have is destructive to the biology that I run in my
3 digesters, so I can't mix the two.
4 But this was a good fit for the lagoons. So
5 it's called Teragatrics (phonetic) WT1000, and it's
6 certified organic and it's made for agronomic use. The
7 idea here is that these materials or these bugs kill
8 the bugs that generate anaerobic digestion. So in a
9 stagnant pond, as you get to that layer at the bottom,
10 you are anaerobic.
11 So that's generating some odors, just the
12 same odors that would come off of the digester if it
13 was open to atmosphere; it's not. So these bugs do
14 reduce the biological activity that produces odors in
15 the lagoon. And in addition they reduce the total
16 solids, right. And total solids, that's the material
17 that's actually being digested. So it's supposed to be
18 a two -fold improvement in the odors coming from the
19 lagoons themselves.
20 We started this treatment last week, so it's
21 kind of like two inoculations that you get and then
22 (indiscernible). It's a big truck that shows up with
23 biology in it. That biology is added to the lagoon and
24 then two or three weeks later a second inoculation is
25 made, so the first inoculation is complete, and the
45
1 second one will be in about a week or two.
2 Obviously, the performance at this point is
3 too early to tell. We just did this. But we have --
4 they've used this before in lagoons and they've had
5 really positive impacts. So I have a lot of confidence
6 that this will improve the odors that are coming off
7 the lagoons.
8 Now, the lagoons aren't a primary source of
9 odor. It's a very similar AG smell to what's around
10 the area, and we hadn't talked about treating the
11 lagoons, but this was a good fit for improving maybe
12 one of the lesser generators of odor at the facility, so
13 we just went ahead and did that (indiscernible).
14 CHAIRMAN FREEMAN: Commissioner Cozad.
15 COMMISSIONER COZAD: Just a quick
16 question. You're saying that it's too early to tell the
17 performance. Do you have an idea of, you know, how
18 long it will be before you can actually see some levels
19 of odor reduction on the lagoons?
20 MR. THOMAS: The provider said that it should
21 be immediate, an immediate improvement. But it takes a
22 long time, two or three months, for the bacteria to do
23 all of its work.
24 COMMISSIONER COZAD: Okay.
25 MR. THOMAS: Once the second inoculation is
46
1 done you just kind of continuously add small amounts of
2 the bacteria to maintain a population. But they did
3 say it would take a little while for it to start to
4 work at its full capacity.
5 COMMISSIONER COZAD: Okay. Thank you.
6 MR. THOMAS: The final odor mitigation action
7 that we're taking right now is one that I'm very
8 excited about. We talk about the substrate tanks
9 because of the nature of the substrate tanks, what's
10 stored in the substrate tanks, et cetera, is a primary
11 source of odor at the facility.
12 And what I'm talking about here is what's
13 termed -- been recognized by the neighbors as the
14 "Heartland Odor." Right? This is the thing that's
15 different about my facility than any other odor generators
16 in the area.
17 When we were out looking for the filtration
18 system that we would use -- so there's bio filtration,
19 there's iron sponges and all kinds of different ways of
20 dealing with odor. We started having a conversation
21 with the company, (sic), and about their
22 providers; what do they do and what can they do for our
23 odors.
24 And they said, one of the things that we do
25 is -- for the oil and gas industry, the energy
47
1 industry, which I'm a part of, they temporarily connect
2 systems to tanks, basically to remove the vapors off
3 the top of those tanks, which is exactly what I'm
4 trying to do.
5 And when they told me that I said, well,
6 let's do it at Heartland. Right? So what this is, is it's
7 similar to the permanent system which will be
8 installed, which is due on March 31st, 2017. This
9 system connects the dosing tanks to the substrate
10 tanks. The substrate tank then is exhausted into via a
11 blower, an iron sponge. The iron sponge removes H2S and
12 recaptains (phonetic) and those kinds of odors. It
13 goes through the blower and then it goes through the
14 carbon filter, and the carbon filter removes the
15 remaining odors.
16 This system, which isn't -- this is not the
17 permanent system which is required by the Compliance
18 Order, but it functions very similarly to that, was
19 placed in service on November the 11th, so it's in
20 service now.
21 The initial performance is very positive. I
22 mean we turned it on, on the 11th, which was Friday.
23 And I stood there and I immediately saw an improvement
24 in the odor coming off of this. I can't say that it's
25 100 percent. The idea here is that we learn as we go.
48
1 There's opportunity to change the materials in the
2 filters, there's an opportunity to review the amount of
3 gas that's being produced and make sure that our blower
4 systems and other such systems are properly designed.
5 This is an excellent opportunity for us to
6 test that effectiveness. Right? So I don't have to
7 wait until March 31st to know, is an iron sponge carbon
8 filter mix the right material to be using to treat
9 these odors. I get to learn that between now and then
10 while I'm building permanent facility (sic).
11 So this will be used to validate the
12 permanent system. I've said often that this is a primary
13 source of odor and while it may not fix the odor
14 problem totally, the way I anticipate the new system
15 will, it will give me the information I need to make
16 sure that by March 31st, the new system, which I am
17 installing on a permanent basis, will do what we want
18 it to do. Make sense?
19 CHAIRMAN FREEMAN: Okay.
20 MR. THOMAS: So, the idea here then, and this
21 is something that I wanted to talk about. This system,
22 I can't know if this system is going to work unless I
23 do a full capacity test. It may work at this point,
24 you know, with the reductions. But if I don't increase
25 my loading rate I can't actually say whether or not
49
1 this system is going to be functional in a full
2 capacity operation of the facility.
3 So, that's the end of my presentation. If
4 you guys have any questions?
5 CHAIRMAN FREEMAN: Yes, Commissioner
6 Kirkmeyer.
7 COMMISSIONER KIRKMEYER: Maybe you could
8 explain a little bit more when you talk about need to
9 do a whole capacity operation to know if these -- I
10 count six, six items work for odor mitigation. What
11 exactly does that mean?
12 MR. THOMAS: Okay. So --
13 COMMISSIONER KIRKMEYER: Because you're at 60
14 percent right now, correct?
15 MR. THOMAS: No. I'm at 40 percent of my
16 material receipt and 60 percent limitation on my gas
17 production.
18 So this system deals with the material
19 receipt side of that conversation.
20 COMMISSIONER KIRKMEYER: I'm sorry. It deals
21 with what?
22 MR. THOMAS: The material receipt. I am
23 limited by the Show Cause hearing on September the 19th
24 to 40 percent.
25 COMMISSIONER KIRKMEYER: Yeah, I understand.
50
1 MR. THOMAS: Okay.
2 COMMISSIONER KIRKMEYER: So you're limited to
3 40 percent. So you're saying you need to get to 100
4 percent of material intake to ensure -- that would make
5 you at full capacity of the operation to ensure whether
6 or not these odor mitigation techniques work?
7 MR. THOMAS: Right. For full capacity. If
8 I'm limited and I have this system in place, and this
9 is the system that I'm using to learn about the full
10 design facility -- or equipment, I could then -- have
11 to increase in order to meet the contractual
12 obligations that I have, which I'm not meeting as of
13 the limitations, for my customers, I may then turn up
14 this thing.
15 And I am a firm believer -- firm believer
16 that the odor will not increase based on the materials,
17 but I need to prove that. I need to prove that to
18 myself and I need to prove that to our existing systems
19 and our design.
20 So that on March 31st when I install the new
21 system and then begin to increase my load, we don't
22 find that it's under -designed for the full capacity of
23 the plant. Right? These plants are designed -- energy
24 plants are designed to run at their capacity. They are
25 less efficient when you run them at lower capacities,
51
1 and I need to know, will this system control the odors
2 at full capacity.
3 CHAIRMAN FREEMAN: Commissioner Kirkmeyer.
4 COMMISSIONER KIRKMEYER: So is there any
5 system in the United States that is, you know, an
6 apples to apples comparison with this system?
7 MR. THOMAS: Not that I know of.
8 COMMISSIONER KIRKMEYER: Is there any system
9 that's even close?
10 MR. THOMAS: Digesters are fairly similar
11 across the United States, but in size, not that I know
12 of.
13 COMMISSIONER KIRKMEYER: So the only way
14 these odor mitigation techniques can be tested is if
15 you're at full capacity?
16 MR. THOMAS: Well, they could be tested at 40
17 percent, but you cannot know that they will work at 100
18 percent capacity.
19 COMMISSIONER KIRKMEYER: So is it logical to
20 think that if they don't work at 40 percent they're not
21 going to work at 100 percent?
22 MR. THOMAS: That would be logical, yes.
23 COMMISSIONER KIRKMEYER: Thank you.
24 MR. THOMAS: But would you agree that if they
25 work at 40 percent they may not work at 100 percent?
52
1 Would you agree with that statement?
2 COMMISSIONER KIRKMEYER: No. I'm not going
3 to agree or disagree with any of your statements
4 because I'm not an engineer and I don't have the
5 background in these systems. So I don't have the
6 ability to test it myself, so I can't either agree or
7 disagree.
8 MR. THOMAS: Right. So with the limitations
9 I can tell you, I cannot test it.
10 COMMISSIONER KIRKMEYER: But you can test it
11 at 40 percent?
12 MR. THOMAS: Yes, ma'am.
13 COMMISSIONER KIRKMEYER: Which is 60 percent
14 of your production.
15 MR. THOMAS: 40 percent.
16 COMMISSIONER KIRKMEYER: No. It's 40 percent
17 of material intake and you're at 60 percent of
18 production.
19 MR. THOMAS: I'm at 40 percent of my material
20 intake and I'm limited to 60 percent of raw volume
21 (sic) gas production.
22 COMMISSIONER KIRKMEYER: Yeah. But I looked
23 at your slide that said that you're at 60 percent of
24 your production, of your gas production.
25 MR. THOMAS: Actually what the slide showed
53
1 was that I'm less than 60 percent of my production.
2 COMMISSIONER KIRKMEYER: On some days.
3 MR. THOMAS: Well, on every day. The green
4 line is 60 percent production, the blue line remained
5 below it every single day since October the 19th.
6 That slide was to demonstrate that I am
7 actually meeting the requirements of the Resolution
8 which said I have to be less than 60 percent on total
9 gas production, and I am.
10 COMMISSIONER KIRKMEYER: Okay.
11 MR. THOMAS: So while the two are related, in
12 the amount of material that I can bring into the
13 facility, because material is total gas production, and
14 I can find materials maybe that will produce more gas
15 at the 40 percent, I cannot achieve 100 percent of my
16 gas production at 40 percent material received. It's
17 just not possible.
18 COMMISSIONER KIRKMEYER: Okay. Thank you.
19 CHAIRMAN FREEMAN: Commissioner Cozad.
20 COMMISSIONER COZAD: Is your facility
21 dependent on the type of material that you're bringing
22 in there? You were showing on your other side that you
23 were bringing in quite a bit more manure than you were
24 substrate material. So -- not quite a bit, but.
25 MR. THOMAS: More.
54
1 COMMISSIONER COZAD: Yeah, more. So I'm
2 wondering if you had manure only in those substrate
3 would you still perform the test and, you know,
4 evaluate all those systems with manure?
5 MR. THOMAS: I can't because I don't put
6 manure into the substrate tanks. Right? The substrate
7 tanks only take the other waste material, right, that
8 comes from the DPS gas or direct load.
9 This is the material left from meat packing
10 plants, the material left over from dairies, or
11 separated organics. These are the materials that go
12 into the substrate tanks.
13 I won't add manure and I can't add manure to
14 the substrate tanks because to mix those two makes
15 nothing.
16 COMMISSIONER COZAD: So the two of them are
17 going through two separate processes?
18 MR. THOMAS: Well, they end up into the same
19 process, but their entry into that process is
20 held separate.
21 COMMISSIONER COZAD: Right. But it seems
22 like your odor is primarily coming from your substrate
23 material, not necessarily the manure. And manure is
24 generated across the county in lots of different
25 places, and there are a lot of AG facilities in your
55
1 area. So I was just wondering, you know, I was just
2 curious about whether or not your facility will work
3 with just manure and not substrate.
4 MR. THOMAS: And I appreciate the question.
5 The facility's actually designed to run at 70 percent.
6 70 percent of non -manure organic material, 30 percent
7 manure. What this represents, this manure graph,
8 represents the full design capacity of manure.
9 I have agreements that I have to meet with
10 manure providers for the gallons that I receive. So
11 this represents the full capacity of the manure. So if
12 we're held to 40 percent total material receipt.
13 What's missing from that, what gets me to 100 percent
14 gas capacity is all organic material.
15 That represents the full capacity of manure
16 right now, so that remaining material that has to come
17 on the facility to get it to 100 percent to meet the
18 contractual obligations that I have with my customers,
19 is all the organic material, non -manure organic
20 material.
21 So to be able to test these systems while I'm
22 doing that -- and it's not like I turn the light switch
23 on, right, and all of a sudden I'm receiving 100
24 percent of it. I gesture -- you have to move these
25 materials very slowly. So it would take months for me
56
1 to actually get to 100 percent of material receipt.
2 I also have to go out and find that material
3 because I'm delayed in going out and actually finding
4 the material. We have people out there that want to
5 send us material but we can't receive it because we're
6 limited.
7 So, all of the remaining gas potential in
8 this facility comes from the substrate material. And
9 they're not created equal. I cannot do the digestion
10 without manure; that's the source of the bug and the
11 alkaline, say grease or something. I cannot do it without
12 the manure. But all the gas comes from the non -manure
13 materials. The gas potential -- you know, a pound of
14 certain materials that (indiscernible) is much higher
15 than what you can get out of manure.
16 COMMISSIONER COZAD: So, I guess what I'm
17 trying to get to is, you know, you explained it. But,
18 could you reduce the amount of substrate and increase
19 the amount of manure so that the mix is different so
20 you're bringing in less of the substrate organic
21 material, so that the percentage isn't 70/30, maybe
22 it's more like --
23 MR. THOMAS: The entire design of the
24 facility is based on that mass production --
25 COMMISSIONER COZAD: All right.
57
1 MR. THOMAS: -- that comes from those
2 materials which are non -manure.
3 COMMISSIONER COZAD: Okay.
4 MR. THOMAS: I can't do what you're asking me
5 and meet the requirements of the design of the
6 facility.
7 COMMISSIONER COZAD: Okay. Thank you.
8 CHAIRMAN FREEMAN: Commissioner Conway.
9 COMMISSIONER CONWAY: I have a question about
10 the construction schedule and how you determine
11 building one in that time frame in terms of potentially
12 reducing the amount of odor.
13 From a common sense perspective covering the
14 drop-off area, where we've all demonstrated from
15 previous public testimony, there seems to be a spike in
16 terms of odor when that material is unloaded in the
17 open there. That isn't going to be addressed until
18 June (sic).
19 Give me your thought process. Is there
20 certain things that has to occur before you get to
21 that? Give me some insight in terms of addressing,
22 because what we're really here to talk about is the
23 odor that's emanating from the facility and how we can
24 reduce that.
25 MR. THOMAS: Right, and that's an excellent
58
1 question.
2 COMMISSIONER CONWAY: Go ahead.
3 MR. THOMAS: The source separated organics
4 right now are unloaded on a concrete pad because the
5 building's too small to accept the truck. So it's an
6 in -dump truck, right, the building, they can't get the
7 truck deep enough into the building to unload it in the
8 building. So currently it's unloaded on that concrete
9 pad and then it's carried with a loader back into the
10 building --
11 COMMISSIONER CONWAY: In the open.
12 MR. THOMAS: Right, in the open.
13 COMMISSIONER CONWAY: Which emanates.
14 MR. THOMAS: Exactly. And then it's carried
15 into the building.
16 When Building 1 is complete, and SSO
17 represents over the last quarter, 43 percent of the
18 total material brought in the facility. So when the
19 building is expanded, 43 percent of the material that's
20 unloaded right now outdoors, goes indoors, because that
21 building expansion allows that in -dump truck to unload
22 inside the building instead of outside the building and
23 then carried in.
24 COMMISSIONER CONWAY: And so, on Building 1,
25 43 percent of the current material that's unloaded in
59
1 the outdoors, which produces that odor, will be
2 unloaded in an enclosed structure, in terms of Building
3 1, in terms of hopefully reducing that odor. Is that
4 correct?
5 MR. THOMAS: That's correct. Also, I don't
6 know if you guys have seen, when -- if you've been to
7 the facility. There's a big trash trailer sitting
8 outside. That trailer goes into the facility -- in to
9 that building. So that building also holds -- because
10 inside that building's the tiger machine. The tiger
11 machine separates the organic from packaged material.
12 Right? So that can all be stored inside as well. So
13 the trash or the refuse, the plastic, the metals, the
14 non -organic material that comes out of that, the source
15 separate organics, right now is stored in a trailer
16 outside. That trailer will be stored inside when that
17 building's expanded.
18 COMMISSIONER CONWAY: Okay. So the first
19 step you're taking, hopefully by putting 43 percent of
20 the material, is now being unloaded in the open which
21 will now be unloaded in an enclosed structure, should
22 have some positive impact by December 31st, upon it's
23 completion?
24 MR. THOMAS: Yes, sir. I also need to say
25 that 43 percent represents the average of what's been
60
1 going on in the last -- and the material I'm not always
2 under control of what comes in. So it may be a little
3 different than 43 percent. But that's the average over
4 the last 90 days.
5 CHAIRMAN FREEMAN: Other questions?
6 (No response.)
7 CHAIRMAN FREEMAN: No? Okay. Well, thank
8 you for your presentation. We'll probably bring you
9 back up to answer some questions here in a little bit.
10 But with that -- oh, go ahead.
11 COMMISSIONER KIRKMEYER: I have a question
12 for the County Attorney.
13 CHAIRMAN FREEMAN: Yes, go ahead.
14 COMMISSIONER KIRKMEYER: In reviewing the
15 comments from the last meeting, the last hearing, there
16 was a -- and I'm sorry, I didn't write down the page so
17 I don't have it. But I just want to know, are we
18 looking at only Development Standards 17, 21 and 45? Or
19 were 34 and 42 included as well? It might have been in
20 the Resolution, but I would like to know.
21 MR. BARKER: To answer that I think you have
22 to go back to the original notice, which dealt with 21
23 and 25, I believe.
24 COMMISSIONER KIRKMEYER: 45?
25 MR. BARKER: 21, which was the 7:1 dilution.
61
1 COMMISSIONER KIRKMEYER: Okay. I'll probably
2 ask that question again when I find the document. I
3 thought it was in the notice for this hearing, where it
4 stated, Development Standard 17, 21, 45, 34 and 42.
5 MR. BARKER: The original notice was whether
6 or not the permit holder's in compliance with the
7 following: The facility shall operate in compliance with
8 Colorado Air Quality Control Regulation; one, with any
9 permits issued by the Air Pollution Control
10 Division; two, in accordance with the Colorado Air
11 Quality Control Commission, Regulation No. 2, odor
12 deletion -- detection off the site shall not exceed the
13 level of 7:1 dilution threshold. And then, three, and
14 then that's the provision that says you have to comply
15 with all development standards.
16 That was the original notice.
17 COMMISSIONER KIRKMEYER: So if it was noticed
18 differently, the September 19th meeting hearing, does
19 that have any bearing?
20 MR. BARKER: Then the original notice could
21 only be changed by virtue of the Resolution of the
22 Board of County Commissioners giving them notice at
23 that time that additional development standards would
24 be -- they were getting notice, and in essence they're
25 being considered to be -- the question at the next
62
1 hearing would be, are you in violation of those
2 development standards. Or if there was a separate
3 notice that was provided to them. I don't know of any
4 separate notice.
5 COMMISSIONER KIRKMEYER: Okay. I'll find it
6 and ask you the question again (indiscernible).
7 CHAIRMAN FREEMAN: Okay. So, this is a
8 public hearing. If there's anybody from the public
9 that wishes to come up and discuss this. And we will
10 really try to limit to three minutes.
11 MS. FLIPPIN: Hi, my name is --
12 CHAIRMAN FREEMAN: Hold on. We'll bring you
13 a new one. The battery sometimes -- we'll need it for
14 the record.
15 MS. FLIPPIN: Can you hear me now?
16 CHAIRMAN FREEMAN: Uh-huh.
17 MS. FLIPPIN: Hi. My name is Nancy Flippin.
18 I live at 19108 Weld County Road 47. So I'm
19 approximately a half a mile west of the plant. I'm
20 also one of them that have been going to most of the
21 community meetings with Heartland.
22 And I am still getting strong odors. Last
23 night I had very strong odors, even with these new
24 processes put in place, we're still getting a lot of
25 odors.
63
1 We have been told that they had been working
2 on the different processes. I've been talking with
3 Heartland off and on for the last year, and each time
4 I'm told that they are working on it, we're still
5 getting really strong odors.
6 At the last meeting, which I believe was
7 November 10th, they did tell us that they had -- the
8 permits had been submitted and that they actually got
9 processed within a 24 hour period. And my first
10 feeling was, yea, maybe it's actually going to be done.
11 But then when I stop and think about it I
12 think, 24 hours for a new process like this. And I say
13 "new process," because Heartland has also told us that
14 there's no biodigester plants of this size in Europe.
15 So I feel like this is a fairly new process on this
16 large of a plant.
17 And the fact that it was permitted within a
18 24 -hour period, has our Planning Department really had
19 time to look in depth at these plans? You know, this
20 is going to affect us in the future. And I do have
21 concerns about that.
22 Like I said, before we did receive a letter
23 in 2009 that there would be no noxious odors. And I
24 realize there's been changes in companies, even though
25 the name didn't really change. There's been no
64
1 notification to the community about any of these
2 changes.
3 And, you know, it truly is effecting us. The
4 process they're going through is, again, new. And I'm
5 feeling like they're making our community in Weld
6 County as guinea pigs for this.
7 I would rather see them figure out this
8 process. I mean at 40 percent production I'm still
9 getting odors. They put new filters on, I'm still
10 getting odors. And this has happened throughout the
11 last year. We're told that they're working on it,
12 we're still getting odors.
13 We have learned that the State has changed
14 the dilution level for certain industries. I think the
15 national hog farms they did change the dilution level
16 to 2:1. And I think for some of the marijuana business
17 down in Denver they're also changing that dilution
18 level too. Or they're calling -- if they get more than
19 five call -ins in a 24 -hour period, then it could be a
20 violation.
21 Weld County has long been known for their
22 odors.
23 COMMISSIONER KIRKMEYER: Your three minutes is up.
24 MS. FLIPPIN: Oh, I'm sorry.
25 COMMISSIONER KIRKMEYER: That's alright.
65
1 Commissioner Freeman asked me to keep time.
2 MS. FLIPPIN: Okay.
3 COMMISSIONER KIRKMEYER: Sorry.
4 CHAIRMAN FREEMAN: If you could just quickly
5 wrap up.
6 MS. FLIPPIN: Well, I just wanted to say that
7 we've long been known for our odors and I think we need
8 to make a step up and make these industries responsible
9 and do some changes and not make Weld County kind of a
10 laughingstock of the odors.
11 CHAIRMAN FREEMAN: Okay. Thank you.
12 MS. FLIPPIN: That's all I have. Thank you
13 very much.
14 CHAIRMAN FREEMAN: Thank you.
15 MS. WILLIAMS: Good morning. My name is
16 Connie Williams, I live at 21734 County Road 70 in
17 Eaton. Thank you for giving us an opportunity to speak
18 today.
19 The burden is in the wrong place. This
20 community has come before you several times to try and
21 regain their life. The good news is EDF Heartland
22 responds very positively to this Commission. When you
23 give them direction they actually act. I'm sure it's
24 not been lost on you as to what's been accomplished
25 since the 1st of November at EDF Heartland.
66
1 Suddenly they've now introduced best
2 practices that were available from EDF from the
3 inception of this company. They just now reached out
4 to oil and gas to find a way to improve the air
5 quality. And, should we give them a trophy for doing
6 so? They're just now testing the lagoon to reduce
7 odors? But their final pitch was they're trying to
8 reach 100 percent. That's why they've done so much in
9 the last two weeks.
10 The outreach that EDF Heartland has
11 established have been meeting after meeting of the same
12 thing. The reason the October 13th meeting had no
13 participation, we as a community told EDF: If you have
14 anything new to report email us and we'll be at your
15 meeting. No such email occurred, therefore we didn't
16 waste our time.
17 As far as the nasal rangers. James and Steve
18 committed to notify EDF Heartland if there were any
19 readings over 7:1. Steven and James reported to Phil,
20 the community has reported to Phil. And there
21 were no readings in excess of 7:1. So the community
22 has decided to return to trying to have a life, not to do
23 the work for EDF Heartland.
24 I urge you, Commissioners, to see what's going
25 on here. People do not have the quality of life they
67
1 deserve. The community can't solve it, but you, the
2 Commissioners can. Thank you.
3 CHAIRMAN FREEMAN: Thank you.
4 MR. FLIPPIN: Hi. My name is Steve Flippin,
5 I live at 23295 Weld County Road. I'm the closest
6 resident to this plant.
7 You know, we're constantly getting the odors
8 from the garbage and all that other stuff, so I've
9 driven up on Road 40, and you can find trash in the
10 fence lines blown from their plant, that DPS drop, or
11 wherever they do, they're processing garbage. There is
12 trash all over the place.
13 And in November of last year I was
14 complaining to their plant manager of the odors, and
15 the response I got was, he was working on it. They
16 were draining some of the lagoons, and in that process
17 the odor would be fixed by the end of November. It was
18 not, it got stronger, and that's when I contacted Phil.
19 I'd had enough of it.
20 Come April we had another meeting with him,
21 and this time we had Nancy Flippin, Jean, Mark and
22 Phil, I invited Phil to it. We sat on the -- on site
23 with Jason, and we discussed the odors. I mean this
24 stuff was getting worse, and they told us they're doing
25 something, they're going to add this chemical and this
68
1 odor gone. By June 1st the problem would be fixed.
2 I asked them, so, I will be able to open my
3 windows? And he says, yes. No, it got worse. That
4 order gets strong enough that even the odor gone you
5 can taste it on some days.
6 So I don't have a lot of faith in a lot of what
7 they're saying is going to work right away. We've
8 just been trying to work with them now for over a year
9 and we have not gotten anywhere.
10 And the other thing, with all of this trash
11 that they're bringing in garbage, it sits outside, it's
12 going to attract critters, you know, coyotes. It might
13 even bring in rats from the City of Denver. We don't
14 have a rat problem. We have mice, but we don't have
15 rats. It's just going to attract stuff.
16 I don't think they have the ability. It's
17 going to take them forever to fix this problem. We're
18 just sick of it. So, that's all I have and thank you
19 for your time.
20 CHAIRMAN FREEMAN: Thank you.
21 MS. HOYLAND: Good morning. My name is Kathy
22 Hoyland. My husband, Ken and I live at 18612 County
23 Road 49.
24 Since we are being held to three minutes I'm
25 going to try and skip around a little bit, so please
69
1 bear with me.
2 This morning brought on -- from the State,
3 about the whole ownership, change of ownership. Really
4 it's part of one of the things I was going to talk
5 about today because on the August 25th community
6 meeting held by EDF Heartland Biogas, and ran by
7 AGPROfessionals, we were told that the letter that was
8 sent out in 2009 that was send out by AGPROfessionals,
9 that that representative -- we were told by the
10 AGPROfessional at this meeting, that that representative
11 no longer works for AGPROfessionals, so that letter
12 doesn't mean anything.
13 Then we were told, that same meeting, by
14 Ralph Daly, that EDF Heartland Biogas has a lawyer
15 looking into the legality of this letter that was sent
16 out to all of us in 2009.
17 Based on a lot of things that have happened
18 at these community meetings, my husband and I had made
19 a choice not to attend anymore. Trustworthiness and
20 honesty are important to us, and the tap dancing
21 that has gone around and the things we've been told,
22 and the way the minutes come out, do not reflect what
23 is said in those meetings.
24 And we have -- it took me three times and two
25 meetings to get them to update the minutes where
70
1 Heartland -- EDF Heartland Biogas was saying they never
2 had an 8:1 dilution threshold or above.
3 Well, their nasal ranger at that time read 7
4 and then 15. So how can you say you never had an 8:1
5 when all you can read it is a 7 and a 15. You can't
6 read an 8 through 14, so you can't sit there and
7 legitimately tell me you had never had an 8:1 at your
8 facility when your nasal ranger doesn't read 8:1. It
9 took me three times and two meetings to get that
10 corrected with the community outreach.
11 With this being said, it gets to the point
12 where I'm not going to attend these community outreach
13 meetings and waste my time with what's being put into
14 the minutes is to their favor and not to us, and not
15 really what's being said.
16 I'm going to jump ahead to this whole
17 ownership change and us being told that they are new
18 owners and they don't have to abide by the old
19 agreements. That was actually sat here and said to the
20 Commissioners 2010, '11, '12, '13, that there would be
21 no odor.
22 Well, you know what, we built our house in
23 2005. We were not allowed to move in to our home until
24 we had a CO. How can you guys or how can the Planning
25 Commission, or how can this County allow an industry to
71
1 open up and operate when obviously the design is not
2 complete?
3 If they're having odors and they're having
4 this issue and they're having to have new permits and
5 all of this stuff, how can that be running?
6 My opinion today, after hearing what the
7 State has said about the new ownership is, I feel that
8 USR needs to be revoked until the ownership is
9 established, until the design plans are reviewed, until
10 this County Commissioners know that this company is
11 operating at the level they should be operating, and
12 that this community can once again live with quality of
13 life.
14 Nothing has changed. I don't know what
15 they've done. Truthfully, I don't care what they've
16 done. They moved into my neighborhood. They are a
17 nuisance neighbor. They have stolen my quality of
18 life, they have stolen our ability to have anything at
19 our house because of the stench that comes out of
20 there.
21 We are done. My husband and I are done. We
22 are sick and tired of living like this, the way we have
23 lived for a year. We are asking you to step up and do
24 something to help us get our lives back. We are asking
25 you, please, give us our lives back.
72
1 CHAIRMAN FREEMAN: Thank you.
2 MS. HOYLAND: Thank you.
3 MS. ARENS: Thank you for this opportunity.
4 CHAIRMAN FREEMAN: So, (can you just wait?
5 So, I know this is emotional for everybody,
6 but, please, can we just kind of --
7 from the audience not interrupt, please?
8 Thank you.
9 MS. ARENS: We're not on the map. May I
10 approach the map?
11 CHAIRMAN FREEMAN: Sure.
12 MS. ARENS: Okay. My daughter lives right in
13 here. I live over here. Okay?
14 CHAIRMAN FREEMAN: Okay, thank you.
15 MS. ARENS: So we're not even on the map.
16 I'm here to represent Gene and I and Moran's trust
17 (sic). Our family and my daughter, Miranda Arens, and
18 also Chris Bennett.
19 I think all of you Commissioners got an email
20 from them.
21 CHAIRMAN FREEMAN: Right. And can you just
22 go ahead and put your name and address actually for the
23 record?
24 MS. ARENS: Yes. Rena Arens, 21730 County
25 Road 44.
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1 CHAIRMAN FREEMAN: Thank you.
2 MS. ARENS: Okay. I'm going to just go
3 through this really fast. We've been there 45 years.
4 My daughter is the fifth generation and we operate on
5 over 700 acres right in this area. We also have
6 Shelton Dairy, one of the largest dairy operations near
7 us, no problem. We have Timberman Feedlot, no
8 problem. We ran a family dairy right across the
9 street, so I have lived with odors, believe me.
10 And my understanding was this plant, when it
11 was introduced was supposed to be odor fee. That has
12 not proved to be the truth. The description of the
13 odor is not odor, it's stench. You can't have a
14 barbeque, you can't sit on your patio, you can't go for
15 a walk.
16 And at my daughter's residence, which is down
17 on 45, and that would be 19575 County Road 45, that you
18 got the emails from, it's much worse. It's a constant
19 odor. Sometimes stronger than others but a constant
20 odor.
21 She works all day so she doesn't have to deal
22 with it during the day, but on the night and weekends
23 she does. And it has completely curtailed her love of
24 her home because she can't even have people over for a
25 barbeque. It's that bad.
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1 I, on the other hand, live two -and -a -half
2 miles as the crow flies from this plant, and I sleep
3 with my windows open. And it's really only happened to me
4 twice down there. I live in the bottom of the valley,
5 but after 11:00 at night it comes in that window to
6 where you have to cover your face with your blankets.
7 It's that bad.
8 And then the second time -- I thought, well,
9 the first time, well, maybe they had a little release,
10 no problem. Second time it happened it was so bad that
11 it filled the house. I only have two windows open. I
12 went outside -- about the same time at night. And my
13 fear is they're releasing this gas at a certain time
14 when people are not around.
15 So I went outside and did all my work. 11:00
16 I couldn't smell it outside. I walk into my house,
17 it's still there. I had to open all the windows to
18 vent my house. And it is this odor. I have a tank
19 battery in my back yard, but it's been shut down for a
20 month now, so it can't be oil and gas. It can't be
21 manure, I'm used to that smell. This is a completely
22 different stench and it's not something that you're
23 going to get used to.
24 They're only at 40 percent now and the
25 neighbors have become prisoners in their own home.
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1 That can't continue. People can't enjoy their homes,
2 they can't enjoy their -- they've moved out there and
3 they've lived there a long time.
4 A lot of our kids -- that's what I was telling my
5 neighbor. Today I was counting how many kids have
6 moved back in that area because they love it, and just
7 in our little area six of the people have moved back,
8 the kids.
9 CHAIRMAN FREEMAN: Your time's pretty much
10 up, so.
11 MS. ARENS: Okay. Anyway, I just want to
12 finish to say that there's one other problem with this
13 and that's the waste. They're asking all the farmers
14 to spread it on their fields. It's high in salt and
15 our area already has a salinity problem. That needs to
16 be looked into. And also, some farmers are running it
17 down their ditches and strung it in the lagoon to be
18 put on (sic), so.
19 CHAIRMAN FREEMAN: Okay. All right, thank
20 you.
21 MS. ARENS: Thank you.
22 MS. MORRIS: I'm Deb Morris and my husband
23 and I, Mike, live at 24505 County Road 44, and we are
24 also not on your map, and I consider myself pretty
25 computer literate. And so I am surprised that I wasn't
76
1 able to do the website to the point where it showed up
2 on the map, because I put in a number of complaints on
3 that website. So shocked that I'm obviously not as
4 computer literate as I thought I was.
5 I have a couple of concerns, and mostly from
6 this meeting today. I thought it was very interesting
7 that on the slide that was prepared where all of the how
8 to contact the company, there was not one piece of
9 information that was relevant, that I could actually
10 write down and go, "Oh, my goodness. When I get home I
11 have a phone number that I can actually call, or a
12 website that I could actually visit."
13 Now, I heard there was one that was really
14 pretty. But there was no actual information that was
15 relevant to me being able to leave this meeting and
16 contact them. Super interesting to me how that works.
17 From a marketing perspective, whoops, that was a big
18 one.
19 Now, lastly, because I know I only have --
20 well, I don't know if it's last but I'll go to this.
21 This is an experiment. This is an experiment. Like, I
22 am sorry. All of this that was talked about, we are
23 part of a big experiment and it's costing us our lives
24 in our homes. There is a stench, and I, honest to God,
25 I don't know, I've never been in a room where somebody
77
1 could say to me, this is an 8:1 smell, or this is a 3:1
2 smell. And I don't know if you guys have been. But it
3 would be interesting to flood this room at 3:1 and see
4 how many of you would stay here. I don't know what the
5 smell is, I don't know what a 7:1 is and I don't know
6 what a 8:1 is, but I know I can't have my windows open
7 at night, and I live a mile -and -a -half away.
8 And I don't know about the biogas smell. I
9 tell you what I call it, my friends call it, cat urine,
10 burning cat urine. So, I don't know, biogas smell?
11 Nope, it's awful.
12 Why was all of these things not done before
13 they opened the plant? Why? Why did they not go to
14 Europe if this is common in Europe? And we've been
15 sold a bill of goods. Well, this is an agriculture
16 product. He sat right here and said, this isn't an
17 agriculture deal, this is a trash deal.
18 Their plan is, they use the manure to process
19 trash. Now, if I'm wrong, somebody correct me, but
20 that's sure what I heard. So this is a deal for you
21 guys. And congratulations on those of you guys that
22 got voted in. And I know for a couple of you it's your
23 last term, so fix this before you get out.
24 And I'm sure that I'm getting a short time
25 frame.
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1 CHAIRMAN FREEMAN: You're just about out of
2 time.
3 MS. MORRIS: So I do want to say one more
4 thing. I've heard from government and from big
5 business before, let's just pass this law. Let's just
6 pass this law, then we'll figure out what we're
7 actually passing.
8 Well, that's the same crap -- excuse my
9 language -- that's the same crap as 100 percent. Give
10 us 100 percent then we'll know what we've got and what
11 we don't have.
12 And for those of you who are on computer, we
13 have started a Facebook page, WC, Weld County, Biogas
14 Stinks. If you can't manage the County's website,
15 which I obviously can't since I didn't get myself
16 registered, you can go in there. Thank you.
17 CHAIRMAN FREEMAN: Did you -- somebody had a
18 question? Commissioner Conway.
19 COMMISSIONER CONWAY: Deb, thanks for being
20 here and thanks for your comments.
21 Are you telling me you went to Heartland's
22 web page and submitted --
23 MS. MORRIS: No. I went to the County's web
24 page.
25 COMMISSIONER CONWAY: Okay. I think we got
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1 those.
2 MS. MORRIS: And we are not on the map. This
3 map that Phil Brewer put up, our location, our home is
4 not on that map.
5 COMMISSIONER CONWAY: I just wanted to
6 clarify. You reported to the Weld County Health
7 Department?
8 MS. MORRIS: Yes. Through their website.
9 COMMISSIONER CONWAY: Through their web page
10 and you're not on here.
11 MS. MORRIS: And I believe that Ms. Arens
12 also says that she reported it and had several other
13 places that were reporting it that were not on the web
14 page.
15 COMMISSIONER CONWAY: We'll double check on
16 that. Thank you. I just wanted a clarification.
17 MS. MORRIS: Thank you for your time.
18 CHAIRMAN FREEMAN: You have a question?
19 COMMISSIONER KIRKMEYER: Yeah, it was
20 actually the same question. I wanted to make sure -- I
21 couldn't tell by your comments if you had made your
22 complaints to the Heartland website or to the County
23 website.
24 MS. MORRIS: No. I'm going to have to
25 obviously go research and figure out how to get
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1 Heartland's website, since he didn't give us that
2 information.
3 CHAIRMAN FREEMAN: Okay, thank you.
4 MS. WELCH: Hello. First I'd like to thank
5 the County Commissioners for letting our voice and
6 concerns be heard today. I'm Sharon Welch and I live
7 and have resided for the last 12 years at 18626 Weld
8 County Road 49.
9 My husband's about ready to put up a picture
10 of our beautiful view from our house that I have been
11 so blessed to look at. I'm a mother, a wife, and I was
12 a proud Weld County resident. I also am employed by
13 Macy's as a District Executive and I'm privileged to
14 work at a corporation that consistently gives back to
15 the community it operates in.
16 We bought our land 13 years ago and began
17 building what we thought was going to be our forever
18 home. Over the years we've had our kids in 4-H, we've
19 spent countless hours outside as a family together, and we
20 are extremely blessed with most of our family also
21 residing in Weld County.
22 We've enjoyed bringing our family and our
23 friends together for Sunday barbeques and games at our
24 home. My husband and I have also enjoyed growing a
25 large garden, raising our own meat that we have had
81
1 the pleasure of sharing with our city co-workers. They
2 also have come to our home in Weld County to enjoy the
3 outdoors, ride horses, and enjoy the animals that we
4 have on our place. It gives them an understanding of
5 why we are so blessed and passionate about our home in
6 Weld County and the lifestyle that we have chosen to
7 live.
8 I am now embarrassed to show off my home in
9 Weld County. The smell that interrupts our family
10 dinners and wakes us in the night, is like a thief that
11 is robbing us from the freedom and happiness in our own
12 home. We would normally open windows to let fresh air
13 in, and we haven't been able to enjoy that in a year,
14 as we are held hostage and trapped with the stench in
15 our house.
16 Over the last year the enjoyment and family
17 time has been taken from us by our neighbor, Heartland.
18 My daughters and I used to spend countless hours, in
19 maybe not solving the world's problems but certainly
20 solving ours in our hot tub that we no longer can enjoy
21 at our own discretion because now it depends on the
22 direction of the wind.
23 My oldest daughter just recently got married,
24 and we couldn't even hold her reception at our home due
25 to the wind on that particular day.
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1 I am now also planning the wedding of my
2 youngest daughter, and almost a year later we are still
3 forced to find another location.
4 I found it appropriate to take a picture of
5 the flag that we talked about at the last meeting that
6 we so proudly fly at our place. The flag that now has
7 become a gauge of the wind and whether or not we will
8 be able to be outside to enjoy our land, and if our
9 plans will have to be compromised because of our
10 neighbor.
11 This was a particularly good day for the
12 Welch family. However, it's hard to enjoy because no
13 matter what direction the wind is blowing, you know
14 someone in our community will suffer that day. And
15 when the wind doesn't blow, we all suffer.
16 This flag represents so much more for all of
17 us, and it should represent freedom and justice. Our
18 freedom to enjoy our land and homes has been taken away
19 by our neighbor, who has chosen again and again and
20 again, to not do the right thing to protect its
21 neighbors. And we are looking for justice today.
22 I come to you today because we all want our
23 lives back that have been taken from us. I want my
24 husband back, who has spent countless hours researching
25 where as a community we have been let down. And our
83
1 freedom and enjoyment of our land and comfort of our
2 home has been robbed from us.
3 All of us have had to attend meetings, spent
4 time researching, making phone calls, and reaching out
5 for help from various organizations and counsel. So
6 not only have we been robbed of the enjoyment of our
7 homes, we've been robbed of precious time with our
8 family and our friends.
9 I was driving home the other night from work
10 and was thinking, I cover 12 stores across the entire
11 front range. I drive from Colorado Springs to Fort
12 Collins, and I was reflecting on how I pass by many
13 responsible solid waste facilities along my way. Some,
14 no one even knows that they are there, as they sit
15 quietly in the communities they are in.
16 CHAIRMAN FREEMAN: Okay, thanks. Your time
17 is up, but thanks.
18 MS. WELCH: Last thing I would just like to
19 say is, I don't know what circumstances brought you to
20 your current positions today. I hope that it -- I
21 assume it's because you have a passion and a love for
22 the people who reside in this County and that you hold
23 each other accountable for protecting them and their
24 rights.
25 Today you are, our elected County
84
1 Commissioners, are faced with the decision to get the
2 Weld County residents what you have sworn to protect,
3 their lives back. I'm confident that with the work and
4 the facts that the community has gathered for you,
5 although it should not be our job to do so, that it
6 will be an easy and right decision for you. Thank you
7 for your time.
8 COMMISSIONER KIRKMEYER: Just a second
9 please. Would you mind submitting your notes?
10 MS. WELCH: Oh, certainly.
11 COMMISSIONER KIRKMEYER: And we can read
12 whatever you weren't able to read.
13 MS. WELCH: Yeah.
14 COMMISSIONER KIRKMEYER: Thank you.
15 CHAIRMAN FREEMAN: Okay, thank you.
16 MS. WELCH: Thank you.
17 MR. WELCH: Hi. My name's James Welch and I
18 live at 18626 County Road 49. I am going to have to
19 ask a little latitude because in the time, as I have
20 done a significant, hundreds of hours of research on
21 this and I believe I'm going to be able to answer most
22 all of the questions that you all had.
23 COMMISSIONER KIRKMEYER: Do we have a copy of
24 this?
25 UNIDENTIFIED MALE SPEAKER: It's on Chris'
85
1 computer, so.
2 COMMISSIONER KIRKMEYER: Could you email it
3 to us, please? Do we have it in our exhibits?
4 MR. GATHMAN: Actually --
5 COMMISSIONER KIRKMEYER: I thought I saw it
6 someplace. But could you just email it to us so we
7 don't have to search through all of the exhibits?
8 UNIDENTIFIED MALE SPEAKER: Yeah, I'll email
9 it to you.
10 COMMISSIONER KIRKMEYER: That would be
11 perfect. Thank you.
12 MR. WELCH: So, again, I do ask for latitude
13 in the time on this. I also do have documentation here
14 that's going to show all the evidence. Coincidentally
15 as well, earlier the questions were asked about the
16 Design and Operation Plan. I have quite a bit of
17 information on that. You're going to see it in great
18 detail what the differences are between the 2010 and
19 2013 plan.
20 So, anyway, what I'd like to start out with
21 is that you've seen the evidence that the Heartland
22 facility's been in violation of the State of Colorado
23 air quality requirements, as well as multiple
24 development standards in the MUSR.
25 You've seen the data that's shown that the
86
1 EDF Heartland facility is the most negatively impactful
2 negative odor source in the state of Colorado in recent
3 history.
4 In addition, you've heard the testimony from
5 the public demonstrating how this has limited our
6 individual rights, it's been detrimental to our well
7 being.
8 What I'd like to focus on today is the
9 overall compliance history of EDF Heartland and whether
10 they have -- and whether their proposal will actually
11 move them into compliance. You've heard from EDF that
12 with the exception of April 27th, 2016, when they were
13 in violation of the State's air quality standards, that
14 they've been in compliance.
15 I will contend, and I believe successfully
16 prove that to the contrary. This facility is yet to be
17 in compliance with the development standards. In
18 addition, we will see the proposed solutions still
19 don't bring them into compliance. We will also see
20 that a series of poor decisions and this non-compliance
21 have led directly to this being the most significant
22 odor source in the State.
23 I'll just go over this briefly. Chris was
24 shown this before. You obviously have four decisions
25 today. I believe based on the considerations that you
87
1 see here, the only option today is going to be full
2 revocation.
3 This was mentioned as well. So, again, I'm
4 going to try to speed this up a little bit for the sake
5 of time. But just to be very clear. This is a solid
6 waste facility. This is not an agricultural facility.
7 This is no more an agricultural facility than a
8 landfill that accepts waste from a local farm.
9 Also, there are additional requirements in
10 the County Code for approving a USR for a solid waste
11 facility. And in all the research I've done I've not
12 found any documentation that this has been satisfied.
13 So actually, Commissioner Kirkmeyer mentioned
14 this already --
15 COMMISSIONER KIRKMEYER: Yeah. I just
16 realized that I read your stuff.
17 MR. WELCH: Yeah. That's why a lot of this
18 is actually in answer directly to the questions.
19 That's why I'm asking for some latitude.
20 So it was mentioned previously that they've
21 been in violation of Standard 17, 21 and 45. It was
22 established in the last meeting that Standard 45 gives
23 us latitude to investigate other standards. There's
24 actually three other standards this immediately put
25 them in violation of.
88
1 The first is Standard 34, which states that
2 they will operate with -- sorry -- that the operation
3 will comply with all applicable rules and regulations
4 of the County, State and Federal agency.
5 Second, they're also in violation of
6 Development Standard 42, which says that they will
7 follow the operational standards of Chapter 23 of the
8 Well County Code, because in Chapter 23-2-250(b) it
9 specifically states that they must be in compliance
10 with the air quality standards.
11 The third one that wasn't mentioned earlier,
12 is Development Standard 6, and that's the one I want to
13 spend them most time on. Because that one specifically
14 the standard's -- or the Design and Operation Plan that
15 regulates this facility.
16 So I'm not going to waste time on these for
17 sake of time. But there's also quite a few different
18 Development Standards I think they're in violation of:
19 16 -- you can see, this is just over the course of a
20 few weeks. There's dust always blowing off this
21 facility any time there's a wind. That's in violation
22 of their air permit.
23 We already saw this one. It really begs the
24 question if they're meeting their opacity requirements of
25 Standard 18.
89
1 The trash. We've all had milk cartons, milk
2 jugs, just general debris from this facility in our
3 fence lines. In fact, earlier in the spring I spent an
4 entire day cleaning up one -gallon milk jugs and little
5 milk cartons of chocolate milk out of my fence line.
6 And then I had to dispose of it because it was all
7 along my fence.
8 So, again, Development Standard 6,
9 specifically is in regards to their Design and
10 Operation Plan. And there's some interesting things I
11 think about this one. One of the -- well, we'll go
12 through some of the details. But -- sorry, again, I'm
13 trying to speed this up. This is normally quite a bit
14 longer, so I apologize for that.
15 But one of the things I think's the most
16 interesting about this standard is that a design and
17 operation plan is actually written by the applicant.
18 So all the other development standards, you know,
19 whether it's the County or the State saying, you shall
20 do this. This is the one where they say, okay, based
21 on the regulations of a solid waste facility, this is
22 what we are personally going to do to comply with it.
23 So this gives us a chance to actually see if
24 they do what they say they're going to do. And I think
25 what you're going to find is quite commonly the
90
1 answer's no.
2 Again, I'm not going to spend a lot of time
3 on these non -odor issues. But this just continues to
4 show the non-compliance. Part of their Design and
5 Operation Plan is that they are supposed to have a sign
6 that includes facility name, emergency contact
7 information, traffic control information, materials
8 that will and will not be accepted. That's actually
9 part of the solid waste regulations and part of their
10 Design Operation Plan.
11 This is the sign that's out there. Doesn't
12 meet hardly any of the requirements.
13 Another one is the actual security and safety
14 of the facility. They're supposed to have a six-foot
15 chain link fence around the entire digester area.
16 Along with that they're supposed to have card control access
17 to the facility, and none of that -- there's no picture
18 because it doesn't exist.
19 And in the original USR Commissioner
20 Rademacher actually specifically stated he was
21 concerned about security to this facility, and he was
22 assured that this would be taken care of. And a year
23 later there's absolutely no security measures at this
24 facility.
25 This one I find extremely perplexing and I
91
1 haven't been given a good answer for this. In the
2 amended USR and in their Design and Operation Plan,
3 they were approved to have five digesters at 1.2
4 million gallons each. They have six on site, and
5 according to their partner, AG Energy, they're at 1.7
6 million gallons each.
7 I've asked and I have received absolutely no
8 confirmation that the State has ever approved the sixth
9 digester or the increased capacity and I have no
10 evidence that the Commissioners have ever approved the
11 sixth digester or the increased capacity.
12 And again, I'm not going to rehash it. But
13 they, also in their Design and Operation Plan, have
14 standards for blowing debris, dust, those kind of
15 things, which I've shown they aren't currently meeting.
16 Well, let's talk about odor. So one of the
17 most important things I think to notice about the way
18 that solid waste regulations are written is that when
19 they talk about nuisance conditions, they actually are
20 supposed to prevent off -site nuisance conditions. Not
21 just minimize them.
22 In fact, I actually have a close acquaintance
23 that's a registered engineer with the State that
24 designs solid waste facilities and composting
25 facilities, and I discussed this Design and Operation
92
1 Plan in great length with him. And he said that in all
2 the facilities that he's ever run or designed, they
3 don't even use this whole dilution threshold issue,
4 that's the 7:1; that's irrelevant.
5 If there are odor complaints coming from the
6 facility they are obligated to fix them. Period. The
7 dilution threshold's an irrelevant thing.
8 So now to some of the specifics. They
9 mention that there's three major waste streams that
10 come into this facility. And I think the first one I
11 really want to spend a little bit of time on, and that
12 is these liquid -- the liquid organic waste, the ones
13 that are stored in the substrate tanks, because I think
14 you're going to find this extremely interesting. So
15 I'm just going to go ahead and read this, if you don't
16 mind.
17 So it says, let's start with the liquid
18 organic waste. EDF has stated that the substrate tanks
19 that store these wastes are one of the most significant
20 contributors to the Heartland odor. In the plan for
21 the DPS facility, in section 8.B, it states that they
22 would have mitigation plans for the substrate tanks if
23 odor became an issue.
24 This statement was written in November of
25 2014, and we're sitting here two years later and this
93
1 issue's still not been mitigated.
2 There's a possibility that EDF will point out
3 that this specific statement only addresses the tanks
4 at the DPS and not the substrate or dosing tanks at the
5 digester. Technically that may be true, however, it
6 clearly -- it demonstrates that they knew that the
7 storage of these organic wastes would be an issue and
8 they have not fixed it yet.
9 But this is where it gets interesting. This
10 is where it goes back to Commissioner Kirkmeyer's
11 question earlier. In the original Design and Operation
12 Plan, from 2010, that was submitted to the County when
13 this USR was first approved, the substrate tanks for
14 the digester were designed as follows:
15 Quote, "Odor control will be provided by a
16 two -stage scrubber. The two -stage scrubber for odor
17 control will remove any H2S and any other odor that
18 comes of the liquid." In fact, it's the same
19 technology that they presented here today.
20 In addition, the plans from 2010 said that the
21 waste was to be off-loaded and handled in an enclosed
22 building.
23 In the previous meetings it's been asked if
24 EDF knew the best practices, and they mentioned they
25 still had to investigate where the sources of odor were
94
1 and how to fix them.
2 The original plans from 2010 clearly show
3 that they knew that this waste stream and these
4 substrate tanks would produce odor and they knew the
5 best practice to cover, capture and treat for these
6 odors. However, EDF removed these best practices after
7 the County approved the USR, and that decision has
8 resulted in our community now having the largest odor
9 producer in the State as our neighbor.
10 Not until they were pressured by the State
11 and County have they agreed to put the substrate tank
12 treatment back in place. But they still have failed to
13 include the enclosed unloading and they have failed to
14 -- or sorry -- the enclosed unload that was part of the
15 original plan, or mitigate the tanks that are at the
16 DPS.
17 So let's look at the next area of odor
18 source. In section 3.c.1 of their Design and Operation
19 Plan, it states that feedstock unloading, which is
20 defined as both organic waste and manure, will happen
21 by connecting to an unload hose to be pumped into the
22 storage tank.
23 This picture's actually from EDF, and it
24 shows the manure's not being off-loaded correctly. Not
25 only does it allow odor to escape during the unloading,
95
1 when we move into a future slide it's going to give
2 clear indication why this is so important.
3 CHAIRMAN FREEMAN: So I'm trying to give
4 latitude, but we're up to about ten minutes. So, can
5 you sort of speed up a little if you can.
6 MR. WELCH: Yeah, I will try and speed up.
7 CHAIRMAN FREEMAN: It's just to be fair.
8 MR. WELCH: Because substrate tanks is just
9 one of the many issues here.
10 So, one of the things that I'd like to look
11 at next is what their odor management plan is. Their
12 odor management plan was part of both the 2010 and 2013
13 Design and Operation Plans, state, quote: "That all
14 incoming waste streams will be stored in enclosed,
15 covered storage areas for the reduction of any
16 offensive odor." All of the waste streams are supposed
17 to be stored that way.
18 So when I had the engineer review the plans
19 -- he hadn't seen the facility, he assumed that these
20 waste streams weren't a problem. And I said, why they
21 said that's what they were supposed to do, that's not
22 actually what's being done.
23 UNIDENTIFIED AUDIENCE MEMBER: Excuse me --
24 CHAIRMAN FREEMAN: No, no, no.
25 UNIDENTIFIED AUDIENCE MEMBER: I'd just like to
96
1 indicate that I don't care, because this is what should
2 have been presented from the County.
3 CHAIRMAN FREEMAN: Okay, understand. Go
4 ahead.
5 MR. WELCH: So, with that in mind let's look
6 at the liquid manure waste, which was identified as
7 another one of the major sources of odor by EDF.
8 COMMISSIONER KIRKMEYER: I'm sorry, just a
9 sec.
10 Mr. Chairman?
11 CHAIRMAN FREEMAN: Yes.
12 COMMISSIONER KIRKMEYER: I would ask the
13 Board's indulgence because I've read through this
14 pretty -- I've read through it once and now I'm reading
15 through it pretty quickly.
16 So we can either tell him he has to
17 stop --
18 CHAIRMAN FREEMAN: No.
19 COMMISSIONER KIRKMEYER: -- I will just sit
20 here and start asking him a question about every slide
21 he has.
22 CHAIRMAN FREEMAN: I'm good.
23 COMMISSIONER KIRKMEYER: Or instead of making
24 him rush, how about we just let him do his
25 presentation?
97
1 CHAIRMAN FREEMAN: I'm fine. I'm fine with
2 it.
3 COMMISSIONER KIRKMEYER: Okay?
4 CHAIRMAN FREEMAN: Okay, very good.
5 COMMISSIONER KIRKMEYER: So you don't have to
6 rush through it now.
7 CHAIRMAN FREEMAN: I was just trying to be fair to
8 the three minute thing, to bring up what we worked on.
9 COMMISSIONER KIRKMEYER: And I certainly
10 appreciate that. That's why I'm asking for your
11 indulgence at this point.
12 CHAIRMAN FREEMAN: Absolutely.
13 COMMISSIONER KIRKMEYER: And I appreciate
14 that. I just don't think it's respectful to ask him to
15 rush through it, because seriously, I will just stop
16 and ask questions, is the thing I will do.
17 MR. WELCH: Okay, thank you for that.
18 COMMISSIONER KIRKMEYER: You are --
19 MR. WELCH: I tried to rush through it, so
20 that makes it a little --
21 COMMISSIONER KIRKMEYER: Well, you don't have
22 to rush right now. So, okay.
23 MR. WELCH: Thank you for that, Mr. --
24 COMMISSIONER KIRKMEYER: Thank you, Mr.
25 Chairman, I appreciate that.
98
1 MR. BARKER: Again, going back to the notice
2 that was provided to the Applicant. The three things
3 that they have been noticed on -- if because any
4 presentation needs to stick to the three items. One
5 is, the facility shall operate in compliance with the
6 applicable Colorado Air Quality Control regulation and
7 comply with any permits issued by the Air Pollution
8 Control Division.
9 MR. WELCH: I believe that these directly
10 relate to the odor issue.
11 MR. BARKER: Okay. You need to stick to
12 that.
13 MR. WELCH: Okay.
14 MR. BARKER: That needs to be the -- number
15 one. Number two is, Colorado Air Quality Control
16 commission Regulations No. 2, odor detected offsite
17 shall not exceed the level of 7:1 dilution threshold.
18 Those are the two issues.
19 The third one says, if you don't comply with
20 those two. And you're basically saying they have to
21 comply with those two.
22 MR. WELCH: Okay. And that the remaining
23 slides that I have all are specific to the odor issue.
24 MR. BARKER: Okay.
25 MR. WELCH: And again, these were all
99
1 identified sources of odor by EDF. So these are
2 directly related to them.
3 So, again, back to the liquid manure. Per --
4 their Odor Management Plan, all incoming waste streams
5 were supposed to be stored indoors or enclosed.
6 The manure is actual stored in open air
7 permit -- or pits. All of the original plans from 2010
8 -- so again, going back to that 2010 plan. All of the
9 pits were covered, which necessitated the need for
10 unloading through a hose that was in a previous plan.
11 In fact, back to the original plans. Not
12 only would the pits be enclosed, but the manure would
13 be unloaded in an enclosed building to prevent odors
14 similar to what was discussed earlier.
15 This is another clear indication that the
16 best practice to cover, capture and treat for odor were
17 known, but EDF decided to remove them later after the
18 USR was approved.
19 And if we look at the proposal today, EDF
20 still has not committed to covering the manure, which
21 is actually a requirement of their Odor Management
22 Plan. This will continue to keep them in noncompliance
23 of Development Standard 6.
24 Finally, let's look at the DPS facility.
25 This is the third source of odor that they've talked
100
1 about. Again, as part of their Odor Management Plan,
2 all of the incoming waste streams were supposed to be
3 stored, enclosed, or covered.
4 On the screen you can see multiple examples,
5 just over the last several weeks of waste being
6 actually kept outside. And most of these were over the
7 weekend or over the course of multiple days. But it's
8 even more interesting to me than just their Odor
9 Management Plan.
10 In their original USR application they
11 specifically stated three times that there would be no
12 storage of waste at the DPS facility. Again, I'm sure
13 they'll claim that they don't store waste on this site.
14 But not only do we have the pictures, but even in the
15 proposal that they've shown earlier, part of the reason
16 for extending the building was for the indoor storage
17 of materials.
18 So what we can see in all three of the waste
19 streams is that the best practices were actually known
20 back in 2010. But after the County approved the USR,
21 those were all removed. And so this facility was
22 allowed to be built without any of those best practices
23 in place. All of this could have been prevented if
24 they would have followed those original best practices.
25 Another thing I would like to mention, just
101
1 briefly again, because this kind of related to the
2 odor, is that if you specifically look at Development
3 Standard 6 they're supposed to be held to what's in the
4 April, 2010, letter. And in the April, 2010, letter it
5 actually approves the Design and Operation Plan from
6 the 2010 version. So currently they're running on a
7 2013 version from the State and they have not notified
8 the County that they were going to remove all of the
9 odor control and all of the waste handling out of the
10 plant.
11 And that's actually in contradiction to
12 Development Standard 10, which says that they'll notify
13 the County of any changes to their Design and Operation
14 Plan.
15 And just briefly, this kind of gives a top
16 level of the different design and operation plans. In
17 the 2010 plan the best practices were included for
18 waste handling, storage, and the substrate tanks.
19 In a letter that was received by the County
20 from Mr. Naylor at AGPRO, it says that,
21 Heartland completed an agreement with HDE, EDF
22 Renewable Energy to develop, construct, own and operate
23 the facility on February 28th, 2012.
24 That means that they would have been part of
25 the decision as well as a partner of AGPRO. They
102
1 would have known about these best management practices
2 in 2010 and they would have been involved in removing
3 those in the 2013 version.
4 So again, one last thing that I find
5 interesting because it was just discussed earlier.
6 Let's look back at their Odor Management Plan. It's
7 extremely insufficient, but there are a couple things
8 that do relate to what we're talking about with the
9 odor.
10 In their Odor Management Plan they do have
11 some mitigation efforts in regards to if offsite odors
12 become an issue. And they said, specifically in their
13 Odor Management Plan, the two things they would do:
14 Limit new material to the site until odor conditions
15 are abated, or move offending material from the site, if
16 necessary.
17 But rather than do that in the last meeting,
18 and rather than do that in this meeting, they continued
19 to ask to be allowed to bring more in. If they were
20 actually following their own plan, they would have
21 limited themselves and you would have never had to make
22 that decision last time about limiting them to 40
23 percent.
24 And this is just a continued theme that
25 throughout the entire Design and Operation Plan, that
103
1 the best practices were removed and that the best
2 practices that were part of it are not being followed.
3 So again, briefly. They violated multiple
4 design standards, they've removed the best practices
5 from the plans after the County first approved the USR.
6 They're not going to even be compliant with their
7 current plan, and the proposal still does not put in
8 back all the best practices they've already removed.
9 They are also not adhering to their MUSR application.
10 And this has resulted in this being the most
11 significant odor source in the State of Colorado in
12 recent history. In fact, if you were to add it all up,
13 if you took all the other top producers in the State,
14 still does not come to what Heartland is producing.
15 And there's a quote that I love from Patrick
16 Henry. It says, "I know of no way of judging the
17 future, but by the past." If I look here at the
18 history of this project and the decisions that were
19 made, it gives me no confidence in its future.
20 And I have to question, how many more things
21 need to be added to this list until they're held
22 accountable. I believe the only decision based on the
23 evidence presented here today is revocation.
24 Thank you for your time.
25 CHAIRMAN FREEMAN: Mr. Conway.
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1 COMMISSIONER CONWAY: A quick question. You
2 heard the Applicant, or Heartland's presentation. Do
3 you think the three steps that they have outlined,
4 starting with the enclosure on December 31st and
5 proceeding forward with the next two steps, that based
6 on your research will not solve the problem? Is that
7 what I'm hearing you say here?
8 MR. WELCH: So, to me there's two parts of
9 it. Will it solve the problem? No. Because they
10 still haven't addressed all the odor sources. It also
11 does not put them in compliance with their Design and
12 Operation Plan to cover all the waste streams.
13 Will it improve it in theory? Yes. But
14 based on what we've seen, from historical, I highly
15 question it. And the bigger question to me is not
16 whether we'll improve it, but why wasn't it included to
17 begin with when it was part of the 2010 plan? It was
18 actually removed after the County approved the USR.
19 And so, to me, we shouldn't be congratulating
20 them on a fix that should have been there to begin
21 with.
22 CHAIRMAN FREEMAN: Okay, thank you.
23 MR. WELCH: Thank you.
24 CHAIRMAN FREEMAN: Okay. Is there any other
25 public comment?
105
1 MR. WELCH: And if you don't mind, I do have
2 packets of all this information that I can share with
3 the County Attorney if --
4 COMMISSIONER KIRKMEYER: That would be great.
5 MR. WELCH: That this is all laid out so that
6 each one of the design and operation plans. The first
7 tab will be the 2010 plan. I only highlighted the
8 specific areas that we discussed today. The next one
9 will be the 2013 plan.
10 COMMISSIONER CONWAY: Have you shared this with
11 Heartland or is this the first time?
12 MR. WELCH: I have not, but it's all public
13 record.
14 COMMISSIONER CONWAY: Okay. Thank you.
15 COMMISSIONER KIRKMEYER: Thank you, sir.
16 COMMISSIONER CONWAY: He scared the hell out of
17 me (sic). Okay, thank you.
18 CHAIRMAN FREEMAN: Okay. Is there any other public
19 input? (No audible response.)
20 CHAIRMAN FREEMAN: Okay. Seeing no further
21 public input I'll bring it back to the Board and back
22 to the Respondent for response, I guess.
23 COMMISSIONER CONWAY: Can I ask a clarifying
24 question?
25 CHAIRMAN FREEMAN: Sure.
106
1 COMMISSIONER CONWAY: Because I've been
2 trying to pull this up.
3 Chris, when we approved the USR in -- "we"
4 being just two of us up here in 2010 --
5 COMMISSIONER KIRKMEYER: Some of the other
6 three were here at that time.
7 COMMISSIONER CONWAY: Well, I think there was
8 just two of us.
9 CHAIRMAN FREEMAN: Well, the other three that
10 aren't here now.
11 COMMISSIONER CONWAY: And the other three.
12 When did this get changed? Did this get
13 changed administratively? I'm trying to read through
14 my notes here and I can't find that 2013 change.
15 MR. GATHMAN: Yeah. He had the original --
16 COMMISSIONER CONWAY: Can you help just bring
17 me up to speed?
18 MR. GATHMAN: Sure.
19 COMMISSIONER CONWAY: And connect those dots?
20 MR. GATHMAN: So the original hearing was in
21 July of 2010, and then they did make some changes
22 because originally they were going to have like the
23 covered --
24 COMMISSIONER CONWAY: Yeah. I remember that
25 told us at hearing (sic).
107
1 MR. GATHMAN: Then they went to -- they
2 proposed tanks, and when it was brought to the Board
3 they were actually talking about five tanks, but in
4 that notice the tanks were up to 50 feet high. So they
5 did go to six tanks, but the tanks are 29 feet high.
6 Now, as far as on the building permit it said
7 1.6 million gallons. So I don't know about the
8 capacity, how that relates to the EDOP, but that is one
9 change that did occur since it was brought to the
10 Board.
11 But in reviewing it as a staff we were
12 looking at -- our concern at the time was visually.
13 You know, originally you had the
14 pools that just had a -- I'm not talking about the odor
15 or any of that other stuff. But going to tanks that
16 were potentially up to 50 feet high we thought that
17 that was a change -- obviously a substantial change
18 from the original application. That's why we brought
19 it back to you in February of 2013.
20 COMMISSIONER CONWAY: Okay. But my
21 understanding was that this was always going to be
22 enclosed, and that got changed in that 2013, is my
23 understanding.
24 MR. GATHMAN: Well, originally they were
25 going to -- the change in 2013 is that they were always
108
1 bringing the food waste -- maybe Phil can help me with
2 this. But --
3 CHAIRMAN FREEMAN: Chris, did you say -- just
4 to put clarification.
5 MR. GATHMAN: Right.
6 CHAIRMAN FREEMAN: Did you say it was brought
7 back to the Board in February of 2013?
8 MR. GATHMAN: It was.
9 COMMISSIONER KIRKMEYER: For what?
10 MR. GATHMAN: For changes to -- the original
11 plan had -- it didn't have tanks, it had, I guess,
12 covered kind of like, for lack of a better term,
13 covered pools. And so they changed it and they went to
14 tanks. And so, based on those changes we did renotify
15 because at that point the plat had still not been
16 recorded for the original USR, so we took it back to
17 the Board and had the Board review those changes at the
18 February 2013 hearing. I can go through exactly what
19 was --
20 COMMISSIONER COZAD: Mr. Chair?
21 CHAIRMAN FREEMAN: Yes.
22 COMMISSIONER COZAD: I think this amended
23 minor USR amendment was done in 2014, though, and that
24 was administrative, correct?
25 MR. GATHMAN: Correct.
109
1 MR. GATHMAN: So we had the original USR,
2 under USR-1704, what was originally approved in 2010
3 they came back and redesigned it. They were going to
4 do above -ground tanks, so that was presented to the
5 Board in 2013 because USR-1704 had not been approved
6 yet.
7 Then in 2014 they came in with the
8 application for the -- I guess the processing of food
9 waste, the additional processors. That was what was
10 covered under the minor amendment in 2014.
11 COMMISSIONER COZAD: So in 2013, though, we
12 had -- we have a hearing, we had an actual hearing with
13 the Board of County Commissioners at that time.
14 MR. GATHMAN: Correct.
15 COMMISSIONER COZAD: And there was an
16 amendment that was done at that time. There was public
17 hearing and all that, correct?
18 MR. GATHMAN: Right.
19 And to clarify, it was a public
20 hearing to discuss changes to the approved USR-1704
21 because that's -- USR had not been recorded yet, so it
22 was to discuss changes to the design.
23 COMMISSIONER COZAD: So it wasn't actually an
24 amendment.
25 COMMISSIONER KIRKMEYER: No.
110
1 COMMISSIONER COZAD: It was just to change
2 some of the application materials and the development
3 standards.
4 MR. GATHMAN: Correct.
5 CHAIRMAN FREEMAN: And three of us were there
6 for that. I don't remember. I am drawing a
7 blank on that hearing. Okay. That's why I asked.
8 COMMISSIONER KIRKMEYER: Given that, I guess
9 I would like to see the minutes from that date.
10 CHAIRMAN FREEMAN: Yeah, I'd like to read
11 them.
12 COMMISSIONER KIRKMEYER: Because I'm guessing
13 we were interpreting the Development Standard.
14 COMMISSIONER CONWAY: I agree. Was that
15 noticed?
16 MR. GATHMAN: It was.
17 COMMISSIONER COZAD: And then I just have one
18 other question. When was the plat recorded then?
19 CHAIRMAN FREEMAN: The plat --
20 COMMISSIONER COZAD: The first one, not the
21 minor amendment in 2014.
22 (Pause.)
23 COMMISSIONER CONWAY: Can I ask Phil a
24 question?
25 CHAIRMAN FREEMAN: Sure.
111
1 COMMISSIONER CONWAY: Phil, did you ever answer
2 Commissioner Kirkmeyer's question on the number of
3 complaints?
4 MR. BREWER: Three.
5 COMMISSIONER CONWAY: Three. Thank you. I
6 didn't hear it.
7 MR. BREWER: And to answer your question, no,
8 I did not, but I am now. Three.
9 COMMISSIONER CONWAY: Oh, I thought I missed
10 something. Thank you. And that was out of 100?
11 COMMISSIONER KIRKMEYER: Why don't we let the
12 Applicant go ahead.
13 MR. GATHMAN: I've got a date. It was
14 recorded February 5th, 2014.
15 CHAIRMAN FREEMAN: Okay. And now we'll go
16 ahead and go back to the Respondent.
17 MR. GARCIA: Bill Garcia for the Respondents.
18 And first, before Mr. Thomas speaks to the body of the
19 discussion, I would like to put on the record an
20 objection to the consideration of Mr. Welch's
21 presentation with regards to, number one, that
22 presentation has not been provided to Heartland and
23 we'd like to have an opportunity to review that and be
24 able to tell what that information is.
25 Second of all. It brought up new issues that
112
1 should properly have been presented at the Probable
2 Cause hearing so that a determination of show cause
3 could have been made on each of those other items. And
4 I'd like to put that on the record. Thank you.
5 CHAIRMAN FREEMAN: Thank you.
6 MR. THOMAS: Okay. So, I need to start by
7 saying this. Heartland Biogas has recognized the
8 entire time we've been discussing with the neighbors,
9 the Commissioners, the probable cause hearings, the
10 show cause hearings, et cetera, that there's an odor
11 from Heartland Bio.
12 We've also demonstrated a desire to improve
13 that. On April the 27th we were read out of
14 compliance. We took immediate action, and the
15 immediate action was to install misting systems that
16 would control the odor to within the Standard limit,
17 while we considered long term engineered controls
18 associated with the odors at the facility. This we
19 have done.
20 I also believe that we have demonstrated that
21 we've met the requirements of that standard at the 7:1
22 dilution threshold consistently and via significant
23 testing and odor monitoring through that time, since
24 April the 27th.
25 Being that we are in compliance with the
113
1 Standard is not enough for Heartland Biogas. But we
2 continue to pursue ways of making the odor less
3 pervasive than even the Standard requires, which
4 demonstrates good faith by us. And we are -- this is
5 $100 million facility. The organization has invested a
6 huge amount of money in this facility. And we're not
7 done because we have invested or are investing, again,
8 millions of dollars in dealing with the odor problem.
9 Like I said, being in compliance is one
10 thing, but dealing with the odors as a professional and
11 good neighbor, is that that's our goal. And that's
12 what my presentation has given you. We have these
13 controls, we are in compliance. But like I've said
14 multiple times, it's not enough for us, we're going
15 further.
16 This plant is good for Weld County on
17 multiple levels. It says the trash that's brought into
18 the facility, and certainly there is trash in terms of
19 the materials that are blowing out to neighbors'
20 places. I told the neighbors at a community meeting
21 that if that happens again, I'd ask -- I don't want
22 them to pick that trash up. They need to call me and
23 I'll get an army out there, we'll pick up every single
24 piece of trash.
25 In addition, the new buildings that we talked
114
1 about, and to answer your question, the trash will be
2 stored inside that building. So spreading of trash
3 around or away from the facility will be mitigated by
4 the buildings and the plans that we have in place.
5 We're designed to run 100 percent, as with
6 any energy facility, we are designed to run at 100
7 percent. When you run a facility at less than 100
8 percent you're not in the designed efficiency for that
9 facility, and so it causes difficulty.
10 To Weld County this is a in the energy
11 industry, which is big in Weld County. This is a
12 recession proof plan. As long as people continue to
13 eat, right, and as long as --
14 COMMISSIONER KIRKMEYER: I'm sorry. Mr.
15 Chairman, is the County Attorney going to give him the
16 same notification that he gave Mr. Welch, with regard
17 to what the Board's supposed to be looking at? Because
18 I'm pretty sure it's not about recession proof plans.
19 CHAIRMAN FREEMAN: Okay. So --
20 MR. GARCIA: If I may address that, Mr.
21 Chairman. One of the factors that the Board will be
22 considering with regard to this, there's been a request
23 for revocation, and the economic impact upon Weld
24 County is one of the factors to be considered by the
25 Board.
115
1 COMMISSIONER KIRKMEYER: No, it's not. I'm
2 supposed to be looking at three development standards.
3 MR. BARKER: Correct.
4 COMMISSIONER KIRKMEYER: Thank you. So I
5 guess I would ask you to give the same warning or
6 recital, if you will, please, to Heartland that you
7 gave to Mr. Welch.
8 MR. BARKER: Okay. So the three Development
9 Standards that you've been noticed on, and one is, the
10 odor 7:1 dilution, the other one is compliance with
11 permits issued by the Air Quality Control Commission,
12 third one is, compliance with the permits. Those are
13 the three.
14 COMMISSIONER COZAD: Mr. Chair?
15 CHAIRMAN FREEMAN: Yes.
16 COMMISSIONER COZAD: Can you identify
17 what numbers those are, please?
18 COMMISSIONER KIRKMEYER: 17, 21 and 45
19 on the Development Standards.
20 COMMISSIONER COZAD: Thanks. 17, 21 and 45 were
21 the original noticed Development Standards.
22 COMMISSIONER KIRKMEYER: 17 is the
23 one that says they have to comply with the Air Quality
24 Rules and Regulations; 21 is the one that says they
25 have to comply with the 7:1 dilution, and 45 is
116
1 the one that says they're supposed to comply with all
2 the relevant standards.
3 COMMISSIONER KIRKMEYER: Thank you.
4 CHAIRMAN FREEMAN: Okay. Go ahead and
5 continue.
6 MR. THOMAS: Okay. We've done everything
7 that the Commission asked of us. In addition, we've
8 done everything that the community has asked of us.
9 Resolving odor issues from the facility will
10 take some time. But we, and me, personally, have taken
11 a significant time, energy, effort, to meet the
12 requirements of the Commission and meet the
13 requirements and the requests of the community. And we
14 continue to do so, we continue to do so.
15 And I can't stress this enough. We are in
16 compliance, with exception of April the 27th, we've
17 been in compliance with the Standard.
18 CHAIRMAN FREEMAN: Okay. Commissioner
19 Moreno.
20 COMMISSIONER MORENO: Yes, Mr. Chair.
21 Jason, I have to say I guess I'm puzzled with
22 how they asked a question with you, and the
23 presentation that Mr. Welch gave in there, a lot of the
24 stuff was taken out of -- a lot of it seems to have
25 been done that you're addressing right now.
117
1 Can you explain to me why these are being
2 addressed only because we're asking this to be done?
3 Why did the company kick this out?
4 MR. THOMAS: I understand and appreciate the
5 question. But that is the first time I've seen that
6 question. In 2010, my organization wasn't involved in
7 this project. So for me to answer that question
8 appropriately I can't give it right now. I would have
9 to go back and do that research and figure out what was
10 going on in 2010, before my organization bought the
11 business, and then be able to provide a reasonable and
12 intelligent answer to your question.
13 CHAIRMAN FREEMAN: Okay. Commissioner Cozad.
14 COMMISSIONER COZAD: So, again, I need some
15 clarification from our County Attorney. I understand
16 that we originally notified on Development Standards
17 Nos. 17, 21 and 45. But 45 does include all
18 Development Standards. So they need to be in
19 compliance with all development Standards.
20 MR. BARKER: The notice at the above stated
21 standards, 1 and 2. The two that were listed.
22 COMMISSIONER COZAD: The 17 and 21.
23 MR. BARKER: But the one includes the Air
24 Quality Control Commission permit, which you all have a
25 copy of.
118
1 COMMISSIONER COZAD: Right. And they are not
2 in compliance with it.
3 MR. BARKER: It includes compliance with the
4 EDOPs.
5 COMMISSIONER COZAD: Right. That was one
6 that's part of my question to you. The EDOP is also
7 part of the CD, so how do we take that into
8 consideration?
9 MR. BARKER: Okay. So again, you have to go
10 back to the notice, which is the two permits. So the
11 Air Quality Control Commission permit. I mean, it
12 specifically refers to that as being what they're
13 supposed to comply with, and that's what the notice was
14 saying that they're out of compliance with.
15 So you need to go back to, how is the EDOP --
16 it is required as part of the permit. And, if
17 they're out of compliance with that, then in essence
18 they're out of compliance with that permit.
19 CHAIRMAN FREEMAN: Does that answer your
20 question, Commissioner Cozad?
21 COMMISSIONER COZAD: It does. But we have
22 several different EDOPs in place. So there's an EDOP
23 that's now currently in place through CDPHE, but ours
24 actually refers back to the 2010 EDOP. Our Development
25 Standard refers back to the 2010 EDOP, the most current
119
1 Development Standard.
2 CHAIRMAN FREEMAN: Okay.
3 COMMISSIONER KIRKMEYER: I would agree.
4 COMMISSIONER COZAD: It doesn't say April 7,
5 2010, or approved further -- you know, approved at an
6 additional time. It says April 7, 2010.
7 MR. BARKER: I think you have to go back to
8 the Development Standards of the minor amendment.
9 COMMISSIONER COZAD: I am looking at number
10 6.
11 MR. BARKER: Okay. So if it talks about that
12 one that was approved by the Department in 2014 --
13 COMMISSIONER COZAD: It doesn't -- well, it
14 talks about the Design Operations Plan approval letter
15 dated April 7th, 2010, from CDPHE. And then it talks
16 about the addendum approval letter, though, dated
17 December 18th, 2014.
18 MR. BARKER: Correct.
19 COMMISSIONER COZAD: So, I guess, can the
20 Applicant address the addendum, from 2014, what was
21 that change from 2010?
22 MR. THOMAS: Yeah. So, like I mentioned
23 before, we were not prepared to talk intelligently
24 about this. We know the history of it, but we should
25 be prepared and we should be allowed time to prepare a
120
1 specific response to the question as it goes to the
2 2010 versus the 2014 EDOP with the amendment.
3 COMMISSIONER KIRKMEYER: Mr. Chairman?
4 CHAIRMAN FREEMAN: Yes.
5 COMMISSIONER KIRKMEYER: I've got about the
6 same line of questioning as Commissioner Cozad. And
7 given that it's 11:45 and the Heartland doesn't feel
8 like they're prepared to answer those kind of
9 questions, I would suggest that we take a two hour
10 recess and give them the opportunity to go back and
11 review their 2014 addendum and their 2010 plan.
12 And I would suggest that staff go back and
13 review it as well. Because I've got the same
14 questions. Because Development Standard No. 17
15 requires that they are in compliance with their EDOP
16 from 2010 and the addendum from 2014.
17 CHAIRMAN FREEMAN: Right.
18 COMMISSIONER KIRKMEYER: So, that's extremely
19 important, because I understand we didn't notice in
20 Development Standards 16, 18, 36 or 10, but we did
21 notice in 17. I understand what our County Attorney is
22 saying with regard to Developmental Standard 45, it's
23 within relationship to 17 and 21.
24 CHAIRMAN FREEMAN: Right.
25 COMMISSIONER KIRKMEYER: 21 talks with the
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1 dilution standard of 7:1, and the Regulation No. 2.
2 But 17 talks about the Air Quality Permit, specifically,
3 which also requires compliance with their EDOP.
4 So I would suggest we give everybody the
5 opportunity to review that so that they can answer our
6 questions when we come back.
7 CHAIRMAN FREEMAN: Okay.
8 COMMISSIONER KIRKMEYER: That's my
9 suggestions. And while I'm at it I also, if we're
10 going to go that route, I have some other questions
11 that I think staff needs to answer when they come back.
12 CHAIRMAN FREEMAN: Okay. Why don't we go
13 ahead and give them those, because we do need to take a
14 recess anyway, Commissioners. You know, we've got a
15 lunch at noon so -- that we all need to be at. So, why
16 don't you go ahead and ask those questions of staff so
17 they can have a chance to see what you need to look
18 for.
19 COMMISSIONER KIRKMEYER: And, I'm sorry, I
20 interrupted Commissioner Cozad.
21 COMMISSIONER COZAD: No, that's okay.
22 COMMISSIONER KIRKMEYER: So if she'd like to
23 go first I'm more than happy to follow up.
24 COMMISSIONER COZAD: Oh, you can go ahead.
25 COMMISSIONER KIRKMEYER: Well, mine are pretty similar,
122
1 I mean basically, I want the staff to do the
2 same thing that we're asking -- or that the Applicant,
3 rather, that Heartland needs to do, which is I want to
4 know how they're in compliance with their EDOP of 2010
5 and including the addendum from 2014.
6 And then I'm looking at -- all this stuff keeps coming
7 up on computers. Gosh dang-it. I'm looking at -- it's in
8 the Show Cause hearing documents page number 293 of 418
9 of ours. And on that page is a map and it has, what
10 appears to me to be all of the odor readings. I didn't
11 go to the summary because it was pretty hard for me to
12 understand and -- well, not hard to understand, but I
13 had to read through and find this kind of work.
14 So on this page there is several listings of
15 where it went from 2.1 to -- 4.1 to 8.1, 4.1 to 8.1,
16 4.1 to 8.1, 3.1 to 8.1. I mean there's several
17 listings here.
18 So I guess I'd like to know what that means,
19 and then I'd like to know when those three cases were
20 that Phil talked about that, that it was something less
21 than a 7 through a 1, so another 4.1 or 3.1 or
22 whatever, and then it went over to 8.1.
23 Because on this page it looks like there is
24 about -- there's over 15. So I'd like to know
25 specifically when those three were and I'd like to know
123
1 what these all mean.
2 CHAIRMAN FREEMAN: Okay. Anything else that
3 we need from staff?
4 (No audible response.)
5 CHAIRMAN FREEMAN: Well, okay. So with that
6 what's the Board's feeling on taking a recess until
7 about 2:00?
8 COMMISSIONER CONWAY: I'm fine with that.
9 COMMISSIONER COZAD: That's fine.
10 COMMISSIONER CONWAY: I think we've got to
11 give them time to get with staff, lunch with staff
12 (sic).
13 CHAIRMAN FREEMAN: All right. So with that
14 we will be in recess until 2:00 p.m.
15 (Off the record, 11:49 p.m. to 2:05 p.m.)
16 CHAIRMAN FREEMAN: Okay. We'll go ahead and
17 reconvene the Board of County Commissioners. Let the
18 record reflect that all five County Commissioners are
19 present.
20 And we'll go back to some of the -- why don't
21 we start with the questions that Commissioner Kirkmeyer
22 had of staff when we went to break.
23 MR. HAUG: Good afternoon. Assistant
24 County Attorney, Frank Haug. One of the questions that
25 Commissioner Kirkmeyer had asked was the compliance
124
1 with the EDOPs from 2010 and 2014.
2 What I want to do first is just clarify the
3 time lines so everybody's aware of it. And I provided
4 some documents which will become part of the record
5 about that time line. But essentially what happened
6 was, in 2010 there was a Design and Operation Plan
7 approved by the State with the initial certificate in
8 the USR.
9 In 2013, the was another one that was
10 approved, and then in 2014 there was an addendum to the
11 2013 EDOP. So what's been referenced here is
12 essentially the 2010 one and then the 2013 one. But in
13 addition to the 2013 there's this 2014 addendum, which
14 is really the same as the 2013 one.
15 With regard to -- there were several issues
16 raised about whether they were in compliance. One of
17 them regards fencing, one of them in regard to signage,
18 one of them is in regard to basically whether they're
19 offloading it in an enclosed facility or not. One of
20 them is with regard to the -- I believe whether it's
21 piped out of the truck or whether it's just basically
22 dumped out into the open container and then through
23 sort of a grate.
24 So our staff, I'll let them comment on that.
25 Part of the issue is that those issues are things that
125
1 we would need to make sure where we have a good factual
2 basis to make sure we're giving the Board accurate
3 information as to whether those are in fact in
4 compliance or not.
5 For instance, the fencing and the signage. I
6 don't know that -- they can comment on this if they
7 want to. But basically, there is a requirement in part
8 of the EDOPs that it be unloaded in an enclosed
9 facility. On the other hand there is a definition or a
10 description of how they'll do the unloading in the
11 2013. That states they'll basically dump in on a
12 grate.
13 So, with that said we would need a little bit
14 of ability to, I think inspect that and make sure we're
15 giving the Board completely factual information.
16 CHAIRMAN FREEMAN: Okay. Go ahead.
17 COMMISSIONER CONWAY: So, just for
18 clarification. Are you saying you're going to need
19 more time to advise us of that?
20 MR. HAUG: Part of the issue is that in the
21 Development Standard No. 6, which was referred to, we
22 referenced both the 2010 and the 2014, 2013 one. Those
23 were designed for two different facilities. One of
24 them was designed for the facility in 2010, which was
25 not contemplating or at least wasn't including the
126
1 digestive processing system.
2 The system for the EDOP after, in 2014, it
3 was modified to take into account that digestive
4 processing system, but as noted, some of the things
5 that were in there were taken out. And so the question
6 sort of is, we reference both of them. Which one do we
7 -- which one sort of rules and what specifically do
8 those say.
9 CHAIRMAN FREEMAN: Commissioner Cozad.
10 COMMISSIONER COZAD: Thank you. So -- and
11 this is just my interpretation and you can tell me I'm
12 correct or not correct.
13 But if I was going to look at that, the
14 original USR was approved, in 2010, with the CD and with
15 the EDOP. And then it was modified slightly in 2013
16 and then 2014. But my understanding of how we look at
17 land use cases, and I think the CDs kind of follow the
18 same way, the original stuff kind of follows through,
19 even when something has an addendum or an amendment.
20 Is that correct?
21 MR. HAUG: Typically that's the way it goes,
22 yes.
23 COMMISSIONER COZAD: So the only things that
24 we change would be the things that were amended or --
25 meaning, would be added with an addendum.
127
1 MR. HAUG: Right.
2 MR. BARKER: Sometimes, however, like 2013 or
3 one later, could say that it replaces the previous one.
4 COMMISSIONER COZAD: Did these say that?
5 MR. HAUG: I don't know. They don't
6 necessarily say that they replace it. The issue we're
7 having is that there are two large documents that we
8 are not entirely consistent with each other, and so it
9 doesn't say specifically section 2 is removed, section
10 3's there. I mean in some places it does. But what's
11 harder is just where it's inconsistent, like for
12 instance, the loading or unloading. Part of it says
13 it's got to be enclosed and part of it describes it
14 differently.
15 And so we need to make sure we're telling you
16 the right thing when it comes to them.
17 COMMISSIONER COZAD: So, can I follow up?
18 CHAIRMAN FREEMAN: Yeah, go ahead.
19 COMMISSIONER COZAD: So, again, you know, I
20 think what we're looking at is, you know, we go back to
21 when the original public hearing occurred for this
22 facility. The original public hearing occurred in 2010
23 where there was the opportunity for the public to come
24 and hear all the testimony about the facility as a
25 whole, the overall facility. It was under a different
128
1 operator, I get that.
2 But that facility went through that original
3 USR process in 2010. And then in 2013, just from
4 reading through the minutes that we got earlier today,
5 just in looking at that, it looks like it just --
6 looked like a very minor, almost like a little tweak to
7 the permit because the plat was unrecorded.
8 But again, it goes back to the original
9 hearings and the intent of that original application.
10 And then, in 2014, our staff reviewed the
11 changes and determined it was a minor amendment to
12 their permit because it was -- I think the main things
13 that they looked at were the tanks and the sizes and
14 the heights, and those kinds of things. And it looked
15 like the heights were being reduced, although they went
16 from five to six tanks, everything else should have
17 kind of followed along from the original permits.
18 Is that correct? Am I understanding that
19 correctly?
20 MR. BARKER: I think your thinking about two
21 separate things though. And one is that the development
22 standard in 2010 and it carried over in that minor
23 amendment.
24 If you look at the Development Standard for
25 the minor amendment it says that they have to comply
129
1 with the permits. That, in essence says, whatever
2 permit is in effect at that time. The permit actually
3 ties back in to the EDOP.
4 COMMISSIONER COZAD: And the CD?
5 MR. BARKER: And the question is, what is
6 current and what is not. It's not tied into -- you go
7 back to the 2010 USR. What you do is you look at the
8 current, then current State permit to see what is in
9 effect.
10 COMMISSIONER COZAD: I guess my question is,
11 there was a public process that happened with the CD
12 and the USR originally in 2010. And that was really
13 where the public was notified and had the opportunity
14 to come to the hearings. And I think there -- I'm not sure
15 on the 2013 one if there was a public hearing as part
16 of that part.
17 There was?
18 CHAIRMAN FREEMAN: I believe so.
19 COMMISSIONER COZAD: Okay. So I guess I'm
20 just --
21 COMMISSIONER KIRKMEYER: Was there was a
22 public hearing on the --
23 COMMISSIONER COZAD: I didn't think that there was.
24 COMMISSIONER KIRKMEYER: A public where the public was
25 noticed. Not public hearing at the Board, but public hearing
130
1 where the public was noticed to come to it.
2 MR. GATHMAN: Yes, there was. We did do
3 notification for that hearing.
4 COMMISSIONER KIRKMEYER: For the minor
5 modifications?
6 MR. GATHMAN: Yeah. We wanted to make sure
7 of that because --
8 COMMISSIONER COZAD: We need the minor
9 modifications (sic). It's really more an understanding
10 and interpretation of what the development standards
11 and the design layout would be.
12 MR. GATHMAN: Right.
13 COMMISSIONER COZAD: But I guess what I'm
14 still confused about is the validity of the CD and, in
15 turn, the EDOPS.
16 MR. BARKER: You go back to the notice and
17 the standard that says, the facility shall operate in
18 compliance with the applicable Colorado Air Quality Control
19 Regulation and comply with an permits issued by the Air
20 Pollution Control Division. I mean, it's talking about
21 air control, not the CD, so there's two separate
22 things.
23 COMMISSIONER COZAD: Okay.
24 MR. BARKER: So that the air quality control
25 permit is the one that -- you have to look to see what
131
1 is currently in effect, is it in compliance or is it
2 out of compliance.
3 COMMISSIONER COZAD: With the CD that
4 you all, as our attorneys talked to us
5 about earlier today, we can't take
6 that into consideration today.
7 MR. BARKER: You can take it into
8 consideration, but that's solid waste. You know, and
9 again, solid waste through the Department of Public
10 Health, Environment is different than air quality.
11 COMMISSIONER COZAD: No, I understand that.
12 MR. BARKER: They're two separate permits.
13 COMMISSIONER COZAD: No, I understand that.
14 But the EDOP actually has to do with both. The EDOP is
15 related to the CD and it's also related to air quality
16 because there's an Odor Management Plan that's a part
17 of the EDOP.
18 MR. BARKER: The only thing is in notice for
19 today's hearing, it didn't say that they're out of
20 compliance with their CD. It talked about compliance
21 with the Colorado Air Quality Control Regulation, and
22 that's the permit that you got to concentrate on.
23 COMMISSIONER COZAD: I'm going to ask one
24 more question of our counsel.
25 CHAIRMAN FREEMAN: Go ahead.
132
1 COMMISSIONER COZAD: Either Frank or Bruce.
2 So, if we cannot consider the CD -- I'm not sure why we
3 brought that up at the beginning then. The Development
4 Standard No. 17, the compliance with the air quality
5 control regulations and permit, is the Applicant in
6 compliance with that permit?
7 Are they in compliance with the State Air
8 Quality permit right now?
9 MR. BREWER: The permit that was issued
10 January, 2016, shows that they are not in compliance with
11 that specific permit, and they were not on April 27.
12 COMMISSIONER KIRKMEYER: I just want to make
13 sure I have that correct. So you're saying that the
14 permit that the State issued, and that would be for the
15 operational plan.
16 MR. BREWER: It is for allowing them to
17 emit air pollutants.
18 COMMISSIONER KIRKMEYER: So, it was an
19 emissions permit?
20 MR. BREWER: Yes.
21 COMMISSIONER KIRKMEYER: So in January 2016 --
22 MR. BREWER: January 20th, 2016, it was -- the
23 permit was issued, and on April 27th Heartland was out
24 of compliance with permit term No. 12.
25 COMMISSIONER KIRKMEYER: Okay. So we got
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1 that part.
2 If I may Commissioner?
3 CHAIRMAN FREEMAN: Go ahead.
4 COMMISSIONER KIRKMEYER: So the question is,
5 is the facility currently in compliance with their
6 EDOP, with their Design Operation Plan? And do you
7 have enough information to know, to be able to say that
8 today?
9 MR. FRISSELL: Ben Frissell, Environmental
10 Health.
11 We are using the approved 2013 EDOP and the
12 approved 2014 addendum to make our decisions when we go
13 out for inspections of the site.
14 In light of some of the items brought up,
15 signage and fencing are not typically under Weld County
16 Department of Public Health and Environment's purview
17 to look at. We assess mainly the waste received, how
18 they're handling that, and those typical items for
19 public health and environment.
20 Based on a inspection on June 24th, I
21 believe, of 2016, the facility was in compliance with
22 those items, but that is a spot check at that time.
23 That is not a month -to -month type of item.
24 COMMISSIONER KIRKMEYER: But my question is,
25 as of today you can't give us an affirmative yes or no?
134
1 You can't give us an exact answer at this point whether
2 or not they're in compliance with the 2013/2014
3 addendum EDOP?
4 MR. FRISSELL: As of inspection on June 24th
5 they were, but I --
6 COMMISSIONER KIRKMEYER: As of today?
7 MR. FRISSELL: An inspection hasn't been
8 completed since that time.
9 COMMISSIONER KIRKMEYER: So you don't know,
10 we don't know for sure?
11 MR. FRISSELL: For sure, no.
12 COMMISSIONER MORENO: But you just said they
13 were in compliance as of June 24th.
14 CHAIR FREEMAN: Right. She's asking about
15 today, though.
16 COMMISSIONER KIRKMEYER: On a spot check.
17 MR. FRISSELL: On a spot check on June 24th.
18 Another inspection will be done this year as well.
19 COMMISSIONER KIRKMEYER: You didn't go
20 through the whole plant thoroughly, or whatever, on
21 June 24th?
22 MR. FRISSELL: We go through it very
23 thoroughly and gather what we can at that time.
24 COMMISSIONER KIRKMEYER: So at that time the
25 signage was correct?
135
1 MR. FRISSELL: The signage was an item that I
2 guess we don't necessarily look at, correct. And same
3 with the fencing.
4 COMMISSIONER KIRKMEYER: Okay. So currently
5 in the EDOP is a two -stage scrubber required?
6 MR. FRISSELL: I would have to check. These
7 are massive documents, but I can definitely check for
8 you.
9 COMMISSIONER KIRKMEYER: For that enclosed
10 building?
11 MR. FRISSELL: They're in an enclosed
12 building. However, wastes are not necessarily stored
13 in that.
14 COMMISSIONER KIRKMEYER: I'd like my question
15 answered from Phil with regard to the map that was on
16 with all of the readings on it that was on Document No.
17 293 of 432.
18 MR. BREWER: I want to assure that we
19 understand what is meant by less than an 8:1 and an
20 8:1. What means is that I determined an odor that was
21 greater than 4:1 and I couldn't confirm it as 8:1 or
22 greater within the time frame that is required.
23 So I reported that out as -- excuse me. A
24 greater than 4:1 but a less than 8:1, which is not a
25 violation because it is not greater than 7:1 dilution.
136
1 So, there were a total of 21 greater than 4's less than
2 8's during that time.
3 And then I may have misunderstood your
4 question earlier. After the last hearing, on September
5 19th and prior to today, there were three others that
6 were grater than 4 and less than 8 or non -violations.
7 So a total of 21 up to now that were greater than 4,
8 less than 8, or not greater than 7:1, so they were not
9 violations.
10 The only one in the last year that was a
11 violation was on April 27th, which is the reason why
12 we're here today.
13 COMMISSIONER KIRKMEYER: So when I look at
14 the numbers here and it says greater than 4 but less
15 than 8, that's representing two readings?
16 MR. BREWER: Oh yes. Actually probably more
17 than that. It means that I could not get an 8 as a
18 duplicate reading in the time frame that is required.
19 Greater than 15 minutes within an hour.
20 COMMISSIONER KIRKMEYER: And then I have
21 another follow up question, if I may?
22 COMMISSIONER KIRKMEYER: So, there was a comment made
23 that the State was changing the dilution levels and changing the
24 rules. Is that true?
25 MR. BREWER: My understanding is that the
137
1 violation on April 27th was evaluated on the criterion
2 of a greater than 7:1 detection to threshold level.
3 That is a detection level that was reviewed by the
4 State Attorney General and determined that that was
5 appropriate for that particular situation out there at
6 Heartland.
7 COMMISSIONER KIRKMEYER: Okay. But it's --
8 MR. BREWER: It's a residential level.
9 COMMISSIONER KIRKMEYER: I understand that.
10 But is the State changing any rules with regard to
11 dilution level?
12 MR. BREWER: If they are I'm not privy to
13 that information. The answer is no as I sit here right
14 now.
15 COMMISSIONER KIRKMEYER: All right. And in
16 the Compliance Order that the State gave to Heartland,
17 was there any changes with regard to the dilution
18 level?
19 MR. BREWER: No.
20 COMMISSIONER KIRKMEYER: No. Okay.
21 CHAIRMAN FREEMAN: Commissioner Conway.
22 COMMISSIONER CONWAY: I might have
23 misunderstood something in the first hearing. I
24 thought the State level was 15:1 and ours was 7:1. Did I
25 misunderstood something there?
138
1 MR. BREWER: I would like to address that,
2 thank you.
3 The 15:1 is a dilution of odor that is an
4 industrial level. The State Attorney General
5 determined that in this particular situation that the
6 7:1 is the appropriate one because of the -- I
7 understand the large number of complainants and the
8 areas where the impact of the odor is most -- it's
9 effect is most noticed in residential areas.
10 COMMISSIONER CONWAY: So the State level and
11 our level are now comparable in terms of the --
12 MR. BREWER: Yes, that is correct.
13 COMMISSIONER CONWAY: -- facility? Great.
14 Thanks for clearing that up.
15 MR. BREWER: Yes, you're welcome.
16 CHAIRMAN FREEMAN: Okay. Any other questions
17 of staff that need clarified? Yes.
18 COMMISSIONER KIRKMEYER: I just have a
19 question of the County Attorney at this point.
20 CHAIRMAN FREEMAN: Okay.
21 COMMISSIONER KIRKMEYER: I was wondering if
22 the County Attorney could advise us on a couple of
23 things. The first thing being what it is that we have
24 to consider today. And then how the Certificate of
25 Designation issue relates to any of that.
139
1 MR. BARKER: Sure. What you're looking at
2 today is based upon the notice that was provided
3 originally, and I've read through that a number of
4 times.
5 Those three issues -- I'll go over those real
6 quickly. "The facility shall operate in compliance with
7 the Colorado Air Quality Control Regulation and comply
8 with an permits issued by the Air Pollution Control
9 Division."
10 Two: "In accordance with the Colorado Air
11 Control Commission, Regulation No. 2, odor detected
12 offsite shall not exceed the level of 7:1 dilution
13 threshold."
14 And then, three: "property owner or operator
15 shall be responsible for complying with all of the
16 foregoing development standards. Non-compliance with
17 any of the foregoing development standards may be
18 reason for revocation of the permit by the Board of
19 County Commissioners."
20 So, again, going back to the notice you're
21 looking at the odor issue, really. There have been
22 some comments about other issues that may have come up,
23 but it's the odor.
24 On thing that you have to look at, as far as
25 the permit, as I stated, you go back to the Air Quality
140
1 Control Commission permit, which was dated January 20th
2 of this year, to determine if in fact there's
3 compliance with that.
4 One of the requirements is found on page 6,
5 it's item number 16. And what you can see there in
6 bold letters the State says, "Compliance with the O&M
7 plan shall commence at startup of the anaerobic
8 digester." In essence it's saying -- that paragraph
9 starts off with, "unit operator shall develop a revised
10 Operating and Maintenance Plan to include the equipment
11 as listed in this permit and record keeping format that
12 outlines how the Applicant will maintain compliance of
13 the ongoing basis of the requirements of this permit.
14 And then it says that compliance is mandatory, and it
15 starts up at the time of the startup of the anaerobic
16 digester.
17 COMMISSIONER COZAD: May I ask a follow-up
18 question?
19 CHAIRMAN FREEMAN: Yeah.
20 COMMISSIONER COZAD: So what you're saying
21 and what that says, that's in the air permit, correct?
22 MR. BARKER: Correct.
23 COMMISSIONER COZAD: And that says that they
24 need to be in compliance with their Operations and
25 Maintenance Plan?
141
1 MR. BARKER: Correct.
2 COMMISSIONER COZAD: That's a condition of
3 their permit?
4 MR. BARKER: It is.
5 COMMISSIONER COZAD: Their air permit?
6 MR. BARKER: It is.
7 COMMISSIONER COZAD: So, going back to the
8 EDOP, that's what the EDOP is, it's Engineering Design
9 Operations Plan.
10 MR. BARKER: I believe that's correct.
11 COMMISSIONER COZAD: Now they're saying it's
12 not correct. So, I don't know why their Operations and
13 Maintenance Plan is different than their EDOP, but
14 that's how I understood it. So if that's not correct
15 then I probably need to hear that from the Applicant.
16 But that's how I'm interpreting it.
17 So, at the startup of the digester they
18 needed to be in compliance with their Operations and
19 Maintenance Plan?
20 MR. BARKER: correct. Whatever that might
21 be.
22 COMMISSIONER COZAD: And that ties back to
23 No. 17 -- No, 21 -- No. 17, really.
24 CHAIRMAN FREEMAN: Okay. So --
25 COMMISSIONER KIRKMEYER: I'd like to hear from
142
1 Heartland.
2 CHAIRMAN FREEMAN: Yes, that's just what I
3 was going to say. If the Respondent would go ahead and
4 come on back.
5 MR. GARCIA: Good afternoon, Commissioners.
6 Bill Garcia for the Respondents. And, thank you, Mr.
7 Barker, for the clarification of what has been noticed
8 and what is the topic for today.
9 Respondents continue their objection with
10 regard to the introduction or consideration of any
11 issues that were not noticed, not presented previously.
12 This introduction of information or issues to be
13 considered by the Board is highly prejudicial and
14 adequate time would be needed to provide enough good
15 information for the Commissioners to be able to make a
16 wise and thought -through decision.
17 What we're here today -- if there is a
18 continuing request for the information about the EDOP,
19 the comparison and contrast of the different EDOPs,
20 would could provide that under a Brief, if that's the
21 wish of the Commissioners. There's not enough time to
22 be able to provide that in those two hours.
23 With regard to why we're here today and what
24 our goal is. Our goal is ultimately to provide you
25 with the ability and the comfort to be able to dismiss
143
1 this matter. That's our ultimate goal, and to get
2 there today we were here to discuss the progress that's
3 been made since the September 19th hearing.
4 And at that September 19th hearing the County
5 Commissioners provided EDF Heartland a number of items
6 to perform and to show, and to provide an update on
7 where we're at, and to address further questions, Jason
8 Thomas.
9 MR. THOMAS: So in that two-hour period of
10 time we did go back. We did start working through
11 those documents. But like Bill mentioned, there's a
12 long chain of documents, including meeting minutes and
13 other such things.
14 And to make a complete presentation we would
15 have to have a lot of time. And I respect a lot of
16 what James Welch did, in terms of the amount of time
17 necessary to go through all those documents, and he
18 made mentioned how long it takes you to get through the
19 document and to review it and to come to an
20 understanding with it. Also, how does it apply to the
21 current facility and its build. We would need that
22 same kind of time.
23 We are here to talk about odor, and there's
24 an odor threshold, an allowable odor threshold
25 approved. It's the regulation. We were out of
144
1 compliance on April the 27th. Six, seven months since
2 then there's been a lot of attention given to this
3 facility, and we have been in compliance the rest of
4 the time.
5 I think it shows that we care about the
6 neighbors to say that we are going to continue to
7 implement additional controls on those odors to control
8 them even further. But the question was, are we
9 compliant, were we compliant? And the answer is, no,
10 we weren't compliant on April the 27th. Are we
11 complaint, the answer is yes.
12 We went to a Show Cause hearing under April
13 the 27th's date. Why are we going to a Show Cause
14 hearing? I believe the County Attorney actually
15 expected that a reason be given, why are we going to a
16 Show Cause hearing? We said, we're going to a Show
17 Cause hearing because your next to the 7:1 dilution
18 threshold on April the 27th.
19 We came to the Show Cause hearing and we
20 demonstrated -- the State has demonstrated or the
21 County has demonstrated, we've demonstrated, our hired
22 Trinity consultant has demonstrated, that we're in
23 compliance with that. But that doesn't limit our own
24 commitment to making it better, which is what else
25 we've talked about.
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1 In addition, I provided James Welch a nasal
2 ranger, and he had it for six weeks. And if he used
3 it, he did not demonstrate that we were out of
4 compliance, at least to me. And he may have to you
5 guys or to the Commissioners. But he's been at every
6 meeting that we've had and he hasn't mentioned any of
7 this stuff about the EDOP being out of compliance.
8 So we've had plenty of opportunity to have
9 that conversation outside of this room, but it wasn't
10 given to me until just today. So I would request some
11 time to make an appropriate argument, understanding his
12 argument, and then making an appropriate understanding
13 of the document, and then make a formal argument
14 against them, if they don't apply, and if they do apply
15 to address that.
16 CHAIRMAN FREEMAN: Okay. Commissioner
17 Conway.
18 COMMISSIONER CONWAY: How much time would you
19 deem appropriate for you to study this document and get
20 back to us and present what you believe, or your
21 understanding of those facts?
22 MR. THOMAS: I think we could do it in 30
23 days. But the question is, does it apply to the Show
24 Cause hearing that we're doing today?
25 So the O&M Plan associated with the air
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1 permit is not the EDOP. The O&M Plan is something that
2 is required to be submitted to the State by the permit
3 holder that describes the operation and maintenance of
4 specific equipment associated with maintaining the plant
5 in compliance with different emission sources.
6 An example of that would be the operations
7 and maintenance of the H2S analyzer that reads the
8 stack. So we're looking at how are we maintaining the
9 equipment on the facility to demonstrate the air permit
10 requirements. It is not the EDOP.
11 COMMISSIONER COZAD: And it's not a part
12 of the EDOP?
13 MR. THOMAS: Not directly, no. I mean the
14 EDOP says that you have to be in compliance with the
15 air permit, and it is part of the air permit
16 requirements.
17 Phil may be able to clarify that a little bit
18 more.
19 That's the way I see the O&M Plan. The O&M
20 Plan referenced in the air permit is not the
21 Engineering Design and Operating review, just the
22 Operating Plan, which is (indiscernible).
23 CHAIRMAN FREEMAN: Okay. Commission
24 Kirkmeyer.
25 COMMISSIONER KIRKMEYER: Sure. 17 says
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1 you're supposed to be in compliance with any permits
2 issued by the Air Pollution Control Division.
3 So, what else besides the emissions permit?
4 Are there other permits that are required from the Air
5 Quality Control Division?
6 MR. THOMAS: We do not know of any other
7 permits required by the EDOP. Right, so, the air
8 permits --
9 COMMISSIONER KIRKMEYER: Would you please
10 state those on the record, please?
11 MR. BREWER: Excuse me. Heartland Biogas has
12 two additional, if I can term them permits. They are
13 actually air pollutant emissions notices. Notice 1 is
14 for a Caterpillar generator, it is not permitted; and
15 another is for the composting operation, and it is not
16 permitted. But they do have reporting requirements to
17 the State.
18 MR. THOMAS: By not permitted it means that
19 we submitted that there have been an additional source,
20 or a potential emission source at the facility. That
21 was submitted to the Air Pollution Control Division,
22 and they deemed it not permit required. So there are
23 requirements under that, and it's tied to my air
24 permit, but that's the only additional things that I
25 know of.
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1 COMMISSIONER KIRKMEYER: Sure. Are there any
2 air quality control regulations that are part of the
3 Solid Waste Disposal Act that you would be required to
4 be in compliance with? Because this also says that
5 you're supposed to be in compliance with those
6 regulations as well. And are there any that are -- so
7 that's the first question.
8 The second question is, are there any that
9 are related to (indiscernible).
10 MR. THOMAS: I don't know.
11 COMMISSIONER KIRKMEYER: Okay.
12 MR. THOMAS: We can look that up. I mean,
13 it's like with anything. Just because I don't know
14 doesn't mean that there's not a good answer. It just
15 means that I don't know your answer and I'll find it
16 for you.
17 COMMISSIONER KIRKMEYER: Okay. So -- if I
18 may?
19 CHAIRMAN FREEMAN: Yeah, go ahead.
20 COMMISSIONER KIRKMEYER: So I'd like to know
21 why it took you so long to go get a building permit?
22 So we started this Probable Cause hearing
23 back in July. And I'll tell you a Show Cause hearing.
24 It's because in July the Board found that there was
25 probable cause that you were out of compliance with the
149
1 USR, and that's why we got to a Show Cause hearing. So
2 that's why we're at a Show Cause hearing.
3 So I'd like to know -- and then on September
4 -- so that was July -- violation occurred April;
5 Probable Cause is in July; Show Cause is September
6 19th; building permit is applied for on November 3rd.
7 I'd like to know why it took so long.
8 MR. THOMAS: Right. So this has been a bit
9 of a conversation that has gone by over time.
10 Originally, when the notice of violation came in, we
11 treated the odors with misting systems, which brought
12 the odor in to compliance and we've been in compliance
13 ever since.
14 The escalation of the conversation between
15 the Commissioners and ourselves and the community and
16 ourselves, continues to identify to us that additional
17 requirements are needed, and we've stepped through, at
18 a very rapid pace for business, the design, the
19 understanding of those odor sources, the design of
20 those controls and mitigations, and we're building them
21 now.
22 It's been a growing thing. I mean, we keep
23 coming back and the Commission sets forth expectations,
24 the Air Pollution Control Division sets forth expectations.
25 Those expectations change with time and my company has
150
1 been very reasonable and committed to following those
2 expectations as they were stated.
3 I don't believe there's anything you've asked
4 us to do that we've not done, so. And as a matter of
5 fact, on September the 19th at the Show Cause hearing
6 we gave certain dates, and it's actually accelerated on
7 the dates that we gave.
8 COMMISSIONER KIRKMEYER: To get your building
9 permit?
10 MR. THOMAS: Yeah. Because we said we were
11 going to do both buildings by June, 2017. We unbundled
12 the two buildings because we realized that you could do
13 it faster to get one of the buildings. We're not
14 dragging our feet here. I mean, we are putting a lot
15 of effort and energy in to getting these things done
16 completely. But you can't go and build a building
17 without a proper civil construction that says the
18 building will stand. And I think we've done a really
19 good job of moving that plan through as quickly as
20 possible.
21 And like I said, I appreciate the effort that
22 their Planning Department put in to get that turned
23 around so quickly. We turned it in on the 3rd, and on
24 the 7th we got it back. They approved it, I think
25 earlier than that. But we got down there to pick it up
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1 and we started construction on the building on the 8th.
2 I mean you have to go through the entire engineering
3 phase in order so that it will pass the planning
4 department. And that's what we did. And we continue
5 to do that. We continue to do that with building
6 number 2 and we continue to do that with the other
7 controls that we've said we've put in place.
8 COMMISSIONER KIRKMEYER: So you're aware of
9 all the odor complaints that the County has received in
10 the last year?
11 MR. THOMAS: Yeah. And we've -- yes, I am
12 totally aware of the complaints that you've received.
13 COMMISSIONER KIRKMEYER: And how were you
14 made aware of those?
15 MR. THOMAS: Phil Brewer sends us the
16 complaint log, redacted with names.
17 COMMISSIONER KIRKMEYER: Does he send those
18 to you on a weekly basis?
19 MR. THOMAS: That's the agreement, we get
20 them on a weekly basis. Sometimes we get them every
21 two weeks, but, yeah.
22 COMMISSIONER KIRKMEYER: And what would
23 happen if today if the Board decided to suspend your
24 USR?
25 MR. THOMAS: What would happen to what?
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1 COMMISSIONER KIRKMEYER: To Heartland? What
2 would be the consequences if we were to suspend -- if
3 our action was to suspend the USR at this point?
4 MR. THOMAS: It would probably take me -- I
5 don't know. I mean, we would have to walk through the
6 process of shutting an anaerobic digester down. And
7 what you do is you have to drain the digesters, you
8 have to get rid of all of the material that is inside
9 of the digesters, because it continues to do that. All
10 of the material that is currently being received by the
11 digester would have to be diverted to other means of
12 controlling them, which is landfills and composting,
13 which is outside, within Weld County (sic).
14 I would be unable to meet the requirements of
15 the Air Pollution Control Division's requirements to
16 demonstrate compliance with my scrubbers within 180
17 days of notice of startup.
18 COMMISSIONER KIRKMEYER: Thank you.
19 MR. THOMAS: I would be unable to meet the
20 contractual obligations associated with my op -takers.
21 And it seems to me that the impression would be that
22 for a single odor violation the Commission is willing
23 to shut down a facility.
24 COMMISSIONER KIRKMEYER: Okay, thank you.
25 CHAIRMAN FREEMAN: Okay. Commissioner Conway.
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1 COMMISSIONER CONWAY: So the plan that you've been
2 working on since the previous hearing, how confident are you? I
3 mean in 47 days you're supposed to have the first building done,
4 is that correct, by December 31st?
5 MR. THOMAS: December 31st Building 1 is to be finished.
6 COMMISSIONER CONWAY: How quickly -- because
7 I think you've -- and I want to thank you, because I
8 think you have made a genuine effort to meet with the community
9 and talk with the community. But these folks have lost
10 their lives. They can't go outside, they can't enjoy
11 life, liberty and the pursuit of happiness.
12 At a particular point in time when -- I think
13 what these folks want is an understanding that this
14 problem's going to eventually be solved. So walk me
15 through, in your mind, what you hope to achieve in the
16 next 47 days and then going into next year in terms of
17 what we all want, and that is diminishing of the odor
18 to the point where people can enjoy their
19 (indiscernible).
20 Give me your idea. You put a lot of time,
21 effort, and energy into this. You've had conversations
22 with these people. Truly you have an understanding of
23 where they're coming from, I believe. Walk me through
24 this.
25 MR. THOMAS: I, personally, and EDF is
154
1 committed to the same thing that the neighbors are
2 committed to, and that is for the odor to be gone.
3 This is an excellent facility. It is energy
4 that is recession proof and does good things for our
5 community as a whole. It does good things financially
6 for Weld County. Right? But the odor is a problem.
7 And EDF, since the day we were all talking in here, has
8 agreed with you and the neighbors.
9 The goal, in my expectation for EDF is this,
10 we continue to improve. We continue to improve. I
11 think that every time a building is covered, the trash
12 moved inside, a capture system is in place, a filter is
13 installed. All of these things continue to make it
14 better.
15 I have been on the facility for several days,
16 now that the system that I had on my last slide,
17 installed. Everyone at the facility is talking about
18 the fact that it's better.
19 I know that when I drive around the facility
20 I get whiffs of the odor, right, but they're very
21 brief. I can't find a continuous, non-stop noxious
22 odor from the facility. So what I'm going after, what
23 I'm really going after here is the very brief hint of
24 odor that goes away. Right? I think we all understand
25 that. That's why you can't get high readings that are
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1 long duration readings.
2 So these are transient odors that are coming
3 from the facility. The best way that I know to stop
4 those transient odors is to continue down the path that
5 we are, and the path that we are is to collect and
6 capture and treat all of these odors.
7 Now, up to this point, and up until really
8 Monday -- and my neighbors are absolutely correct; we
9 go to these meeting and I say I'm doing something. But
10 the intellectual energy necessary to design things, you
11 know, civil engineering, the grading associated with
12 the control of storm water, right, health and safety
13 concerns with buildings, loading of buildings, making
14 sure that the materials are available and the lead
15 times associated with those buildings.
16 There's a lot of energy that goes into any
17 project. But it's not until the ground is broken that
18 you actually start to see progress, right? Well, the
19 ground's broken, we're showing progress. We're
20 building a building right now. And the idea is that
21 Building No. 2 is short on its heels. Right?
22 We've got a schedule that I presented today
23 from our construction team, our construction branch of
24 our company. These guys are committed to getting this
25 stuff done as quickly as possible.
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1 We said that we were going to be done on
2 March 31st on the scrubbing systems associated with the
3 two tanks. Now, I'm convinced that these two tanks --
4 and it's been confirmed by my neighbors, these two
5 tanks generate a horrible odor, and it's a pretty
6 strong odor. Right? We've got a temporary system in
7 place right now that's basically mimicking what we're going
8 to build. I anticipate it to be better now, today.
9 But I can't know that, right, until --
10 there's two things that I'm going to have to look at.
11 When I determine, are we doing better, are we getting
12 it, there's two things that I have to look at. It is
13 the measurements that we take, these are objective
14 nasal ranger observations of odor. That's why we
15 continue to do them. Right?
16 And number two, it's the number of phone
17 calls. Because apparently the number of phone calls is
18 indicative of the intensity, strength and continuous of
19 the odor.
20 When I go out after a complaint has come in,
21 often I can't find the odor. Right. So the number of
22 complaints really appears to be how many times people
23 are actually detecting the odor, because they're
24 reporting every time they smell it. So, the only way,
25 then, that I can tell am I having an improvement on it,
157
1 then the clock starts now, basically, right, because
2 I'm building things. I'm actually putting things in
3 that will make the odor better.
4 The number of complaints that I get to the
5 facility should be an indicator of the success of that.
6 I don't want them to endure odors. It's not the idea.
7 Never have. EDF has never said that. We want to make
8 it better and these are the efforts and the energies
9 that we put into it, and they've been continuous.
10 They've been continuous since April the 27th.
11 It's just gotten a lot more attention. Right? I'm
12 fighting against the revocation of my permit. So,
13 yeah, I'm going to do everything that I can to protect
14 that permit. And also, the only way I know to do that
15 is to eliminate the odors.
16 I mean to do as much as possible to get the
17 odors from the facility down to a point where the
18 neighbors can endure them. So, it's a continuous
19 effort, and we will continue that effort even after
20 these buildings are complete. Right?
21 We continue to look at what are the odors.
22 Are they transient, are we going to -- through the
23 systems that we have, are they working? We continue
24 that energy and that effort. But I can't stress
25 enough, this facility is in compliance.
158
1 Now, that's now EDF's end game, right? We
2 are in compliance and it's been demonstrated for seven
3 months.
4 CHAIRMAN FREEMAN: Commissioner Moreno.
5 COMMISSIONER MORENO: Jason, you mentioned it
6 several times, but again, I apologize. If you
7 suspended operation you have to shut down those
8 digesters, you'd have to clean those out and
9 everything.
10 I guess I'm throwing the hypothetical out
11 there because we're at the point where I know you're
12 working really hard, you put the buildings, covering
13 everything up and that. And we won't have that until
14 the end of March with both buildings up there.
15 Commissioner Kirkmeyer asked you that
16 question earlier, again, about how, you know, what
17 happens in your case, sir? Because the product is
18 still out there and it's still go to go somewhere,
19 right? So, explain it to me one more time about the
20 digester, what happens with that, how that shuts down.
21 MR. THOMAS: You shut down a digester by
22 draining everything that's in it. And to drain the
23 digester with the in-house equipment, that means that I
24 stop feeding it and I continue to drain it, which is a
25 continuous operation under normal operations. But I
159
1 drain it all. Every bit of it comes out of the
2 digesters. That material has to be processed on site.
3 It all ends up in the lagoons, sitting in the lagoon.
4 (Indiscernible).
5 We then have to purge the system to get the
6 methane out of the system and place the rest of it into
7 a hold machine. And I can't shut the whole system
8 down, because in order to do that I would have to drain
9 cowl that covered the anaerobic lagoon (sic), and
10 there's no way to really do that. So the covered
11 anaerobic lagoon would continue to produce methane and
12 do it's thing.
13 The manure would have to be diverted, and I
14 don't know what they do with, you know, that many head
15 of cattle's manure. I don't know where it goes. And
16 then the materials that are coming on site and that are
17 planned to come on site, will be diverted to composting
18 and landfills, as I know, as I know now.
19 CHAIRMAN FREEMAN: Okay. Anything else? Any other
20 questions?
21 COMMISSIONER COZAD: I don't really have a
22 question. But, you know, I think there's a
23 couple different things going on. One
24 is the compliance with your permit.
25 And two is the condition that's, you
160
1 know, occurring out in the area.
2 So, I mean, while you're in compliance -- or
3 you were only out of compliance the one time in April,
4 you know, the odor levels out there, even though
5 they're not having been documented as being over 7:1
6 except for the time in April, the odors out there are
7 really bad, and they're bad for the people that live
8 out there. And it impacts the whole neighborhood.
9 So I think it is, it puts us in a pretty tough
10 position. I know we've got to make a decision based on
11 compliance with your permit. But, you know, we also
12 have to listen to our constituents too and the people that
13 are impacted by you being out there.
14 So, you know, I appreciate the efforts that
15 have been made. I'm just wondering -- I guess my
16 question is, is there any way of expediting any of the
17 options that you outlined for us earlier. Is there any
18 way of expediting those to address the odor issues and
19 ensure your compliance into the future?
20 MR. THOMAS: Well, the answer is always yes.
21 I don't know what those expediters are right now, and
22 if that's what you're asking me to do, we will go back
23 and we will find a way of doing it faster.
24 Because what we have today, that's our plan,
25 because that's what we know to do the fastest. But is
161
1 there a faster way to do it, something else we can do?
2 The answer's always yes. There's always something that
3 can be done, right? And I think we've demonstrated it
4 time and again.
5 I heard about this temporary substrate system
6 on my substrate tanks, I don't know, 30 days ago. We
7 walked through all of the procurement requirements for
8 a business, and you know what the procurement
9 requirements are for a business. And you're talking
10 about, you know, MSA's and NDA's, the whole nine yards.
11 The legal team for EDF walked that through, hand walked
12 it through in seven days. That's unheard of. And two
13 weeks ago we told them, please procure the materials at
14 whatever cost, and it's installed, it's there, it's
15 doing the work now.
16 So, yeah, if you want us to do it faster, I
17 can't commit to doing it faster, but we will go find
18 things that we can do that makes it faster.
19 COMMISSIONER COZAD: Well, and again, I know
20 we've had one documented reporting of being out of
21 compliance. But we really don't know if you've been
22 out of compliance or not other than the one time that
23 it's been documented.
24 MR. THOMAS: Right. And to that point -- and
25 you are making a great point. But to that point I
162
1 provided nasal rangers to my neighbors. Because you
2 had made that statement in the Probable Cause and again
3 in the Show Cause hearing, I provided them with a tool
4 necessary to do that measurement right there, right
5 when they're getting the odors. And I didn't hear -- I
6 haven't heard if they've measured us out of compliance,
7 but they didn't tell me that they measured us out of
8 compliance. Which, I think that actually says
9 something. I don't know.
10 COMMISSIONER COZAD: Well, I think, you know,
11 odor is one of those things that it is -- to me, it would
12 be hard to measure. I mean, I know we've got experts
13 that know how to do that. But when we talk about
14 noise, you know, that's a little bit easier and we can
15 compare, you know, what 58 decibels sounds like
16 compared to something else.
17 I think it's harder to do that with odor and,
18 you know, County Road 49, we're out there all the time,
19 you know, as Commissioners because we've got a big road
20 construction project going on. So we're out there, and
21 frankly, I smell odors out there that seemed pretty
22 strong to me, but I don't know what they are because I
23 can't measure what that threshold is. And I don't even
24 know what 7:1 compares to, other odors, you know, what
25 that would be like.
163
1 So, you know, we've talked about when we got
2 other kinds of like noise complaints, where you can
3 compare it. But I don't know if there's a way to
4 compare a 7:1 threshold to other types of odors so that
5 people kind of do have a sense of what that expectation
6 is. What is a 7:1 odor? I don't really know.
7 Maybe Phil can explain it.
8 MR. THOMAS: I have one of the nasal rangers
9 on my site right now. And I didn't know either, quite
10 honestly. When I started learning about odors and
11 learning about these dilution thresholds, I didn't know
12 either. But using the nasal ranger, it's a objective
13 measurement.
14 And while it may be a little bit different
15 for individuals people's noses, right? Phil's nose may
16 be a little different -- or a little more sensitive
17 than mine.
18 But the best way to understand what is the
19 strength of a 7:1 odor versus a 2:1 odor versus a 15:1
20 odor, is to actually use the nasal ranger. And I mean
21 I can make mine available to anybody that actually
22 wants to learn that.
23 I think we saw from the Trinity odor
24 monitoring system that there are brief transients of
25 odors that are around the 8:1 dilution threshold. But
164
1 our background odor is less than 2:1.
2 And the background odor coming off of Weld
3 County is less than 2:1. So we measured upwind of our
4 facility and we were measuring odor sources at a 2:1
5 dilution threshold. We were measuring some of the
6 other odor producers around us, which are not regulated
7 because, you know, they're AG, in excess of the 7:1
8 dilution threshold.
9 So there are a lot of odor producers out
10 there that are producing in excess of 7:1 dilution. My
11 typical odor generation from the facility is
12 significantly less than that. But there are those
13 periods of time when it's worse. Those periods of time
14 when it's worse is what I'm going after at this
15 facility and these controls.
16 CHAIRMAN FREEMAN: Okay. Board's for
17 discussion if there's no more questions?
18 COMMISSIONER KIRKMEYER: I don't have any
19 more questions.
20 CHAIRMAN FREEMAN: No more questions? Okay.
21 Okay. Thank you for all your work on this.
22 Commissioner.
23 COMMISSIONER KIRKMEYER: I guess I'll start.
24 CHAIRMAN FREEMAN: Go ahead, Commissioner
25 Kirkmeyer.
165
1 COMMISSIONER KIRKMEYER: So, honestly this
2 isn't a very pleasant thing to have to be involved in
3 or be here, certainly from our perspective. But I will
4 just say this, that on November 5th we received an
5 email stating that there was a horrible smell at the
6 facility. November 5th was just last weekend, and it
7 was a Saturday and several of us were at the Boys and
8 Girls Club calf auction, and I was there with my two
9 grandchildren and I read through that email and I'm
10 thinking, you know what, I got to drive home, I'm just
11 going to drive home and drive by there again.
12 I've gone by there several times. And I just
13 have to tell you, that every time I drive by it smells
14 horrible. I don't know if it's 7:1, 8:1, 4:1, 2:1, I
15 don't know what it is, I just know that it smells
16 horrible. It's putrid, it's stench, it makes you want
17 to get sick.
18 But once again, I had my six -year -old. and
19 four -year -old grandsons with me and they were like,
20 "shut the windows, let's get out of here, this stinks,
21 this is horrible." You know, they, like, wanted to
22 throw up.
23 That's the kind of smell and odor that these
24 neighbors are living with. That is not what this Board
25 was told when we approved this permit. In fact, we
166
1 were told there would not be an odor. This Board did
2 not approve the amendment to the USR.
3 What occurred on February -- February,
4 whenever that was, 2013, that was just basically
5 looking at it and making sure that they were meeting
6 the Conditions and Development Standards. I mean, I
7 wouldn't even consider that a modification. It was
8 just more of a clarification to ensure that they could
9 meet the Development Standards and the Conditions of
10 Approval.
11 So I guess, you know, when we're being told
12 that they've done everything the Commission has asked.
13 No, I guess I can't get there, because there is still
14 an odor. You know, the comments that we heard from the
15 public were things like, you know, they deserve to have
16 their life back; they deserve to regain their life. I
17 mean, it just went on.
18 That these folks should be held accountable,
19 I would agree. I think that when we first heard this
20 in 2010, that we were under the assumption that it had
21 to do more with agriculture when in fact it is a solid
22 waste disposal facility.
23 And so, I would also just say as a Findings
24 of Fact and as part of our process, there isn't
25 anything that requires us to continue to find out of
167
1 compliance. Our process only requires us to find it
2 once, that they're not in compliance with the terms of
3 the USR, once.
4 And it's been admitted on the record here
5 today, at least four times, that they were in violation
6 on April 27th. It was admitted in the compliance order
7 with the Department of Public Health and Environment
8 that they were in violation on April 27th. It's all it
9 takes. It doesn't us to keep going out. It doesn't
10 take the neighbors to do all this. It only takes once
11 for us to find cause to revoke a permit.
12 With that being said, there was a bunch of
13 other evidence that was brought forward today. And I
14 can appreciate Mr. Garcia's comments that they weren't
15 essentially given due process and that two hours isn't
16 long enough time for them to look at the EDOP, the
17 Engineering Design and Operation Plan, do a
18 comparison. Certainly not enough time for our staff.
19 I'm not even going to go where I think about
20 comments with regard to why the neighborhood had to
21 bring this forward and our staff did not.
22 But there is other things that were brought
23 to our attention, both in this hearing and previous
24 hearings, that I think in my mind I've heard enough;
25 that there is enough probable cause to show that there
168
1 is possibly -- that there is a violation of the EDOP
2 and possibly other Development Standards.
3 And those Development Standards -- and I'm
4 going to list them for the record because I'm going to
5 make a motion to set notice and set yet another show
6 cause hearing to include all of these things.
7 And that would be Development Standard No. 6,
8 which specifically relates back to the Solid Waste
9 Disposal Act, and the EDOP, the Engineering Design and
10 Operations Plan.
11 Development Standard No. 10, which requires
12 compliance and any deviations -- oh, my computer just
13 jumped on me. Sorry.
14 I'll just read it into the record: "That the
15 facility operators shall notify the Health Department
16 and the Department of Public Health and Environment in
17 the event of any deviations from or proposed changes to
18 the facilities." I just want to make sure -- to the
19 facilities' design and operations, which apparently is
20 different than the Engineering Design and Operations
21 Plan.
22 Development Standard No. 16, which is -- the
23 Development Standard talks about fugitive dust or
24 fugitive particulated emission shall be controlled on
25 site. I just want to make sure that that's occurring.
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1 Development Standard No. 17, which we have
2 had several discussions about, which requires
3 compliance with Air Quality Control Regulations and
4 complying with any permit that they get from the Air
5 Pollution Control Division.
6 Development Standard No. 18, which talks
7 about exhaust removal systems and how they shall be
8 installed. Visible stack emissions from the exhaust
9 removal system, shall not exceed 20 percent opacity,
10 goes on from there.
11 I don't know where Development Standards 19
12 and 20 are, because they're not here, so I'm guessing
13 we deleted those and they're not in here. But it jumps
14 then to Development Standard No. 21, which has already
15 been mentioned, which I think we need to make sure that
16 they're in accordance with the Air Quality Control
17 Commission's Regulation No. 2.
18 Development Standard No. 30, which is
19 requirement of the waste materials not specifically
20 addressed by other Development Standards, shall be
21 handled, stored, and disposed in a manner that controls
22 fugitive dust, blowing debris, and other potential
23 nuisance conditions. I think that's a big one.
24 Development Standard No. 34, which requires
25 compliance with State and Federal Regulations.
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1 Development Standard No. 42, which requires
2 compliance with the Code, our Code.
3 And, Development Standard No. 45, which is
4 compliance will all the Development Standards as noted
5 by the County Attorney.
6 I believe that, again, probable cause does
7 exist to show that there are other violations to set
8 yet an additional Show Cause hearing to address all of
9 these matters. I'd like to make a motion to set that
10 Show Cause hearing for December 21st, and before
11 everyone groans, the reason I'm saying December 21st is
12 because that is the first time that I can absolutely
13 guarantee that all five County Commissioners will be
14 present. So I will be making that motion.
15 And I also would like to include in that the
16 determination of the validity of the Certificate of
17 Designation. I think that is called into question.
18 And with the materials that were brought forth to us,
19 and in reading the statute in Section 30-20-112, which
20 talks about revocation. And as you go on in 30-20-113,
21 it talks about the review of the specific operation
22 plan, but it also speaks to the CD: "A Certificate of
23 Designation may not be transferred and unless financial
24 assurance has been reviewed and approved, not only by
25 the State, but also by the governing jurisdiction,"
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1 which in this case is the County. And I don't believe
2 we've ever reviewed and approved any further
3 Certificate of Designation. So I want that set for the
4 Show Cause hearing as well to determine the validity.
5 With all that being said I would make a
6 motion to incorporate the findings that I stated with
7 regard to the admission of the violation on April 27th,
8 with regard to the notice of the additional development
9 standards that are to be considered, and with the
10 validity of the Certificate of Designation. And my
11 motion would also include that we would suspend all
12 operations by virtue of the violation until that
13 December 21st date when we make any further
14 determinations. That would be my motion.
15 COMMISSIONER COZAD: I'll second that with
16 some discussion.
17 COMMISSIONER KIRKMEYER: Sure.
18 COMMISSIONER COZAD: I actually have a
19 question for Bruce at this point. I think the motion
20 is to set another Show Cause hearing. Do we have to
21 have a Probable Cause hearing for all those Development
22 Standards?
23 MR. BARKER: The thing is that the Probable
24 Cause hearing is for the purpose of staff bringing
25 something to your attention, and then you are saying,
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1 yeah, that's a problem, go ahead and set it for a Show
2 Cause hearing.
3 As long as you provided notice of what will
4 be considered at the Show Cause hearing, then you can
5 go ahead and state that. I mean if you've heard enough
6 probable cause on various issues today, you can go
7 ahead and say, we're going to provide notice to the
8 respondent, that in fact these are the issues that
9 we're bringing up.
10 The one thing that I would mention is that --
11 and correct me if I'm wrong -- but I suspect that
12 Commissioner Kirkmeyer, what you saw as being the basis
13 for those things was the presentation, the PowerPoint
14 presentation that the gentleman provided regarding the
15 EDOP and some of the things that he saw as being
16 violations. Is that correct?
17 COMMISSIONER KIRKMEYER: Yes, sir, yes,
18 Bruce, that is correct.
19 It's not only the PowerPoint, but it's also
20 the follow up, the questions, and the testimony that
21 was submitted by the Respondent.
22 So, in follow-up questions to staff was told
23 that we're not sure if they're in compliance with the
24 2013 or the 2014 addendum to the EDOP.
25 We were also told about all of the trash by
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1 the Respondent. We were also told about the trash that
2 is located off of the site. We didn't have any follow
3 up with regard to the solid waste disposal act. Those
4 types of things following up on my questions that I
5 asked specifically both of the Respondent and of the
6 staff. And including the PowerPoint presentation that
7 we saw, not only today, but also the information that
8 we received at the September 19th hearing where we saw
9 pictures of smoke stacks and things going off, and we
10 were told about dust, blowing debris, and odor,
11 obviously, at that point as well.
12 CHAIRMAN FREEMAN: Commissioner Cozad.
13 COMMISSIONER COZAD: Well, and I would just
14 add, you know, I agree with the Development Standards.
15 I had actually written down most of those myself. And
16 it does comes from the testimony both today and on
17 September 29th's hearing, from surrounding property
18 owners.
19 But again, I think we've all been out in the
20 area and had, you know, seen a lot of these things
21 ourselves as well. But I think the Development
22 Standards that Commissioner Kirkmeyer listed in the
23 Findings of Fact, I agree with them. And so I'm
24 supportive of the motion.
25 The only other question that I had is, in the
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1 meantime -- I guess I do have another question, if
2 that's okay although we have a motion on the floor.
3 But in the meantime are we still under the
4 same direction to the applicant that we were on from
5 the September 19th hearing?
6 CHAIRMAN FREEMAN: Part of her motion was to
7 suspend the license until this point.
8 COMMISSIONER COZAD: Okay, I'm sorry, I
9 didn't hear that part.
10 CHAIRMAN FREEMAN: That was the last part of
11 the motion.
12 COMMISSIONER COZAD: Okay.
13 CHAIRMAN FREEMAN: Can I make a suggestion?
14 COMMISSIONER KIRKMEYER: Yes. We're in the
15 discussion phase here.
16 CHAIRMAN FREEMAN: I think it might be
17 helpful if that were two separate motions. One of them
18 on today's hearing and one of them setting the show
19 cause for a future date, to actually have that in two
20 separate motions, because they really are kind of two
21 separate issues. But that's -- I'm just asking the
22 question.
23 COMMISSIONER KIRKMEYER: Well, actually
24 what's before the Board today is whether or not we
25 revoke, suspend or dismiss.
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1 CHAIRMAN FREEMAN: Exactly. And so the other
2 -- all this other second deal is a separate deal than
3 today's is what I was questioning. The second hearing,
4 to look at all these other Development Standards is
5 really separate form those four things that we're
6 looking at in today's hearing. That's why I was maybe
7 suggesting that it would be two different motions. But
8 that's up to your guys. I just throw that out there.
9 COMMISSIONER KIRKMEYER: So you're saying if
10 I would have made my motion to revoke the permit, that
11 would be separate than having an additional show cause
12 hearing?
13 CHAIRMAN FREEMAN: Either way.
14 COMMISSIONER KIRKMEYER: Well, I think we
15 just need to have a discussion about this motion.
16 CHAIRMAN FREEMAN: Okay.
17 COMMISSIONER KIRKMEYER: There's a motion to
18 amend, then there's a motion to amend. But I'm just
19 starting off where I believe --
20 CHAIRMAN FREEMAN: Okay. What --
21 COMMISSIONER KIRKMEYER: You know, we
22 started off with essentially a modification. We didn't
23 suspend it. We only suspended, in part, we didn't
24 suspend it totally back on September 19th. And we gave
25 them basically two months to see what they could do and
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1 come back with suggestions and solutions.
2 And they came back with some solutions. But
3 one of their solutions was that they need to operate at
4 100 percent, and I'm just not willing to go there at
5 all, and I just think that's absurd. They said they
6 needed to be at 100 percent to be able to test all of
7 their so-called solutions, which there isn't any other
8 facility in the United States or anywhere else,
9 apparently, that they can go out and test. There's no
10 apples -to -apples kind of thing.
11 So, the people, when they get up there and
12 stated that we were really guinea pig, they're right.
13 We are just being a guinea pig, and quite frankly, I
14 feel like I was duped as a County Commissioner when
15 this was first put through.
16 And I guess I'm at -- rather than revoking
17 and not having another show cause hearing, because I
18 think that there is a need to go through and justify
19 with all these other Development Standards, that I
20 would -- that I'm at suspend.
21 But that's where I'm at. The rest of the
22 Board needs to comment where they're at.
23 CHAIRMAN FREEMAN: Okay, thank you.
24 Commissioner Cozad.
25 COMMISSIONER COZAD: Yeah. Again, we're back
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1 to where we were in September and it's two months
2 later. You know, the neighbors have put up with a lot
3 in the last two months, and the odor issues out there
4 are -- I don't think probably, they may be a little bit
5 better, but I don't think they're really that much
6 better.
7 While I think there have been efforts made,
8 and, you know, I do appreciate the efforts that have
9 been made. There is a building permit that's been
10 released and I think there's going to be some things
11 are going to get done.
12 Suspending. It's going to take time for them
13 to do that and clean everything out and all those
14 things. And I think from the testimony we heard from
15 Jason, I think that's going to take quite a bit of time
16 for them to do that. They can't just go out there
17 tomorrow and shut everything down.
18 So, between now and December 21st, I'm not
19 sure there's going to be that much of a difference, and
20 other than the fact that there's not additional waste
21 coming in, there's still all the material that's already
22 out there.
23 I would like to have some more discussion
24 with the rest of the Board on maybe an alternative,
25 which would either be staying at the level or maybe
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1 reducing the level of what's coming in now, and going
2 forward with the buildings and some of these other
3 things that they've got in the time line that's a part
4 of our record that they said they're going to do.
5 So I'd at least like to discuss it with the
6 rest of the Board before we go down the path of
7 suspension.
8 CHAIRMAN FREEMAN: Okay. Commissioner
9 Moreno.
10 COMMISSIONER MORENO: Yes. Mr. Chair, this
11 is a tough one, this really is. I know Commissioner
12 Cozad, you and I have been out there where, is it
13 Heartland, when it was really just awful. I mean, I
14 wanted to puke myself, it was that bad.
15 We went out to visit the plant. They let us
16 in to the operations. When you're inside the building
17 it's fine, but outside that building it is awful. It's
18 awful.
19 But at the same time I hear what Jason's
20 saying, that to shut down this here, and we're trying
21 to move forward with this here, to suspend them, at the
22 same time to be putting those new buildings up, they
23 should be completed.
24 So I'm struggling with, you know, where are
25 we going to get by suspending this here, as that
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1 building is being put up there. I like the
2 conversation we're starting to have, minimizing the
3 product coming in and everything, to let that building
4 get built, and everything else, and to get to this next
5 meeting here on the 21st, if that's where we're headed.
6 CHAIRMAN FREEMAN: Commissioner Conway.
7 COMMISSIONER CONWAY: Well, what I always
8 look at is the unintended consequences here. Clearly
9 the -- I too have been out there. I too have smelled
10 -- I drive 49 quite a bit.
11 One of the things I've been trying to grapple
12 with and I've talked to Phil about is trying to figure
13 out what a 7:1 dilution is, what a 4:1 dilution is. As
14 Commissioner Cozad said, it's a lot more challenging
15 than decibels, which is a little more easier for the
16 less educated of us, Phil, to understand.
17 You know, I think I'm more in line with where
18 Commissioner Moreno and Cozad are in the sense that if
19 we -- I think we're making progress here. I know
20 that's a problem in terms of trust, but verify, and I
21 can fully appreciate the neighbors who said we've put
22 up with this for a year. I understand that. But I'm
23 trying to figure out what we'll do if we shut down
24 operations in terms of that.
25 I know -- the other thing, on the 31st
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1 they're supposed to have this building done, and I
2 don't know what kind of impact that's going to have or
3 how much time he's going to need to measure how much
4 impact that has on it.
5 So I'm very wary of just simply saying, let's
6 shut this down. And I'm not sure if that's -- you
7 know, I always try to look for a where the wind linear
8 is, and it's getting more and more difficult every day
9 here, Commissioner.
10 And I emphasize greatly with the neighbors
11 out there. But I'm trying to figure out how we can get
12 to a point where what we were promised in 2010, and
13 what were promised in 2010 in that USR hearing is there
14 would be no odors.
15 And I believe if the right plan is
16 implemented, as we were given in 2010 when this USR was
17 approved, we'll get there. And I'm trying to figure
18 out how we get there the most expeditiously.
19 I don't know what the (indiscernible) are if
20 we simply shut things down right now and go to the Show
21 Cause hearing on the 21st. What I'm trying to figure
22 out is, how we can assure -- and we put some conditions
23 on this. In the last Resolution, I'm open to the
24 discussion in terms of what conditions should be in
25 terms of their ability -- their operations out there.
181
1 But I'm very wary of just simply -- you know,
2 you just can't stop things in mid stream a lot of
3 times. And I think this is one of those cases where
4 we're really going to have to try and figure out a way
5 out of this, which moves us forward in terms of getting
6 us to where I think, hopefully all of us want to be;
7 Heartland, the neighbors, the Commissioners, where
8 there is as minimal odor as possible up there in terms
9 of that.
10 So, I'm open to that discussion as we move
11 forward to the discussions on the 21st. I don't know
12 -- I appreciate the 21st, is the first time all five of
13 us will be here. But I'm wondering if we want to see
14 if there's any impact, positive impact in terms of the
15 construction.
16 I also don't want to halt -- you know, if I'm
17 Heartland today and I'm going to be focusing on the
18 December 21st hearing, am I going to stop what I'm
19 already working on. They're pouring concrete out
20 there. They've got plans in terms of design plans to
21 move forward in some of this stuff, and I don't want to
22 halt that because I do think there are some remedies
23 there that can address this problem.
24 So, that's what I'm throwing out, and I don't
25 know if we want to give that time to work or not. I'm
182
1 just throwing that out.
2 CHAIRMAN FREEMAN: Commissioner Cozad.
3 COMMISSIONER COZAD: I'm just wondering if
4 there's a way to do additional monitoring between -- if
5 we don't go down a suspension path. If there was a
6 third -party monitoring that we could do on a regular
7 basis but required the Applicant to cover the cost of
8 doing that to -- because, again, I know I appreciate,
9 you know, the discussion that we had. But I still feel
10 like there are times where potentially there could be
11 violations going over the 7:1 and we're not documenting
12 them, and there may not be.
13 But I think if there was somebody other than
14 Trinity and maybe other than our Health Department and
15 the Applicant themselves and the neighbors doing some
16 additional monitoring to check that odor out there,
17 we'd have maybe some more substantial data that we
18 could look at as far as where we are at on those
19 thresholds. Because I would kind of like to know that.
20 CHAIRMAN FREEMAN: Okay, Commissioner Cozad
21 -- I mean, Commissioner Kirkmeyer.
22 COMMISSIONER KIRKMEYER: Well, I told you why
23 I'm stating that, because I think the people who live
24 out in the area deserve to have a, I don't know, a
25 peaceful Thanksgiving and maybe a nice Christmas.
183
1 But, with that in mind, come up with a
2 suggestion, because we limited the intake to 40 percent
3 material intake and 60 percent production, and that
4 didn't do it. We've all been driving by out there. We
5 all know that it still stinks. It's horrible. It
6 makes you want to throw up. It gives you headaches.
7 Nothing has changed. That is not fair to the
8 people who live in this area. That is not a good
9 neighbor by any stretch of the words.
10 So, you want to limit it to something else,
11 limit it to something else, come up with something
12 else. I'm just going to let you know, though, I'm
13 voting no on the amendment because I think there needs
14 to be a clear message sent. We're not going to keep
15 putting up with this. We are not your guinea pigs.
16 These people deserve better. We deserve
17 better. So come up with a suggestion. Right now
18 they're at 40 percent of materials intake and 60
19 percent of gas production. Come up with something
20 else, because obviously that's not working because
21 we're all still getting the complaints. Our Health
22 Department is still getting the complaints. They're in
23 a compliance order and, you know, they've got all sorts
24 of excuses as to why everything's taking so long.
25 They've known since April 27th. Come up with
184
1 something else. That's fine.
2 CHAIRMAN FREEMAN: Commissions?
3 COMMISSIONER MORENO: I guess maybe I'm
4 asking the staff this question if I may.
5 CHAIRMAN FREEMAN: Go right ahead.
6 COMMISSIONER MORENO: Do we have data showing
7 what complaints we had last year? I mean, because this
8 has been ongoing here. We're heading into supposedly
9 cold weather. We've had extremely mild weather here,
10 unusual weather here. But with the cold weather and
11 everything else I don't know what that does to this
12 here with the odor.
13 MR. BREWER: I have not analyzed the numbers
14 of complaints by per week or per month in the past
15 year. I can only say that we've had over 500 in the
16 past year, and the past year started November 11th,
17 2015.
18 If you would like to have those data I can
19 sit down, or I can have that analyzed as to number of
20 complaints per week, per month, per whatever.
21 COMMISSIONER CONWAY: So Phil, you have from
22 November 15th through, say, March of 2016?
23 MR. BREWER: Yes.
24 COMMISSIONER CONWAY: Can you give that to
25 us?
185
1 MR. BREWER: Right now?
2 COMMISSIONER CONWAY: Yeah. Is that
3 available?
4 MR. BREWER: No. I'd have to sit down and do
5 some manipulation and some -- an analysis of complaint
6 dates and times. I don't have that readily available.
7 COMMISSIONER CONWAY: Commissioner, are you
8 asking if there's a correlation with the weather?
9 COMMISSIONER MORENO: Yeah. That's what I'm
10 wondering. You know, with the cold weather coming in,
11 is that --
12 MR. BREWER: We don't know what the weather --
13 COMMISSIONER KIRKMEYER: That might help on
14 the land applied (sic) area.
15 COMMISSIONER CONWAY: I think that's the
16 basic question is, do the number of complaints, the
17 odor complaints, is there a weather correlation to
18 that? Do they diminish --
19 MR. BREWER: I would have to sit here and say
20 right now, I do not know.
21 COMMISSIONER CONWAY: Okay.
22 MR. BREWER: I can't say yes or no.
23 CHAIRMAN FREEMAN: Okay, that's fair. Go
24 ahead.
25 COMMISSIONER COZAD: So based on what
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1 Commissioner Kirkmeyer said, just a few minutes ago,
2 asking for a suggestion, and one of the things that we
3 heard during the testimony was 70 percent of the
4 material that's coming in is substrate organic. And I
5 think, to me, that's where it seems like the odor is
6 coming from. 30 percent of it is manure --
7 CHAIRMAN FREEMAN: Yes. At full build out.
8 COMMISSIONER COZAD: No. I think that's the
9 percentage that's coming in now.
10 CHAIRMAN FREEMAN: If you remember the --
11 COMMISSIONER COZAD: That's what they said,
12 that's what I wrote down.
13 CHAIRMAN FREEMAN: I think that was full, if
14 they went to 100 percent right now the numbers show
15 that the manure numbers were quite a bit higher.
16 COMMISSIONER KIRKMEYER: Just ask them.
17 CHAIRMAN FREEMAN: We can ask them.
18 COMMISSIONER KIRKMEYER: Are the 40 percent
19 that's coming off, I think --
20 CHAIRMAN FREEMAN: It is fair.
21 MR. THOMAS: Just for clarification. The
22 requirements that we're operating under right now are
23 not 40 percent material. I don't know what that
24 percentage is. I could do the calculation but I don't
25 know what it is. It was held at current. So I don't
187
1 know, 40, we'd have to think about is that where we're
2 at in terms of material receipts.
3 But when we're talking about the manure, and
4 in answer to your question, what is graphed in the
5 first two bar graphs here, the one on the left with the
6 green and the orange, the green is 2016 quarter 3,
7 average gallons per day of manure receipt, the orange
8 bar is the manure average receipt since September the
9 19th. And then the substrate material are the next
10 two, which is --
11 COMMISSIONER COZAD: Because I can't
12 hardly read those. So the first one is the manure, the
13 second one is the substrate?
14 MR. THOMAS: Yep. And the third one is the
15 combined.
16 COMMISSIONER KIRKMEYER: Is the total?
17 MR. THOMAS: Yep.
18 COMMISSIONER KIRKMEYER: Okay. So right now
19 you're bringing in more manure than substrate material?
20 MR. THOMAS: Yes, ma'am.
21 COMMISSIONER KIRKMEYER: Okay. So was that
22 correct then, the 70/30 was at full build out --
23 MR. THOMAS: Yes.
24 COMMISSIONER KIRKMEYER: -- is what you would
25 anticipate earning?
188
1 MR. THOMAS: Yes, that's --
2 COMMISSIONER COZAD: So right now -
3 COMMISSIONER KIRKMEYER: It looks like to me,
4 it's really 45.
5 COMMISSIONER COZAD: Pretty close. The
6 manure's a little bit higher than the substrate. Okay.
7 And you're saying that you're not at 40
8 percent as far as what you're bringing in? Because I
9 think you said that last time.
10 COMMISSIONER KIRKMEYER: He said last time,
11 that's what he said today.
12 MR. THOMAS: We were talking about being at
13 40 percent of total capacity, total gas generation.
14 COMMISSIONER KIRKMEYER: No. no. This isn't
15 another conversation. He's already on record as saying
16 what the limits were. They're at 40 percent of
17 material intake. It's what he stated on record today.
18 COMMISSIONER CONWAY: Can I ask a clarifying
19 question? I'm sorry. Go ahead.
20 COMMISSIONER COZAD: I was just going to say,
21 I mean, I have no way of coming up with a number that I,
22 you know, that I think that they should operate at. I mean,
23 I have no way of doing that. I don't know if we said,
24 well, you can only do 20 percent with 40 percent gas output,
25 what that means. That doesn't mean anything really to me,
189
1 and so by just putting out a number I just --
2 I understand what you're saying is, come up with something
3 other than a suspension, but I really don't know how to
4 do that, honestly.
5 COMMISSIONER KIRKMEYER: You could keep it at
6 the current rate.
7 COMMISSIONER COZAD: Well, yes, we could do
8 that. Or we could reduce it, but, you know, if we
9 reduced it I don't know how we'd reduce that. I just
10 don't know what that number would be.
11 COMMISSIONER KIRKMEYER: That's fair.
12 COMMISSIONER CONWAY: So, to answer your
13 question, I'm fine with keeping to current
14 restrictions, which have been out.
15 CHAIRMAN FREEMAN: Okay.
16 COMMISSIONER KIRKMEYER: I'm not going to
17 make a motion to amend my motion. I feel very strongly
18 about what I'm saying. But you all feel very
19 (indiscernible), so you should make amendments in the
20 motion. Sorry.
21 CHAIRMAN FREEMAN: No, that's fine. I'm
22 probably not going to make a motion either.
23 MR. BARKER: Can I just say what the past
24 Resolution says?
25 COMMISSIONER KIRKMEYER: Yes.
190
1 MR. BARKER: To limit gas production to 60
2 percent, limit organic material received to the current
3 amount; have the two community meetings with proper
4 notice given.
5 COMMISSIONER CONWAY: That's what the Resolution --
6 COMMISSIONER KIRKMEYER: So we would still
7 suspend, in part, and keep the same conditions?
8 COMMISSIONER CONWAY: Well, then you listed a
9 lot of new things as part of the --
10 COMMISSIONER KIRKMEYER: I'm talking about
11 your amendment.
12 COMMISSIONER CONWAY: My amendment, oh.
13 COMMISSIONER KIRKMEYER: Well, someone's
14 amendment. It wasn't mine.
15 COMMISSIONER CONWAY: I understand. Just
16 having a conversation here.
17 CHAIRMAN FREEMAN: So, is that an amendment --
18 COMMISSIONER MORENO: She's the seconder, so
19 I'm waiting for the seconder.
20 COMMISSIONER COZAD: Well, let me read
21 through the Resolution that we have. So the
22 highlighted is what was suggested as a part of --
23 potentially as part of the Resolution for today.
24 MR. BARKER: It's in the September 19
25 Resolution.
191
1 COMMISSIONER COZAD: Okay. I have it.
2 MR. BARKER: And that second sentence is the
3 operative one.
4 COMMISSIONER MORENO: The second?
5 COMMISSIONER KIRKMEYER: Where is that
6 in our exhibits?
7 COMMISSIONER MORENO: It's in the second one.
8 COMMISSIONER COZAD: I would move that we
9 amend the motion to include, limit the gas production
10 to 60 percent, limit organic material received to the
11 current amount, and that again have two additional
12 community meetings with the proper notice given.
13 COMMISSIONER CONWAY: I'll second that motion
14 -- that amendment.
15 CHAIRMAN FREEMAN: So, can I get a
16 clarification? Are you saying two community meetings
17 before the December --
18 COMMISSIONER COZAD: 21st.
19 CHAIRMAN FREEMAN: -- 21st date?
20 COMMISSIONER COZAD: Yes.
21 COMMISSIONER CONWAY: We already have
22 scheduled. I think you have it scheduled. No?
23 CHAIRMAN FREEMAN: We have one scheduled
24 because the holidays, and we won't do the one December
25 -- whatever day that was, December 7th.
192
1 COMMISSIONER KIRKMEYER: How about can you just
2 amend it to keep the conditions from the Resolution as
3 (indiscernible).
4 COMMISSIONER COZAD: Okay. We'll
5 take out the community meeting part.
6 COMMISSIONER KIRKMEYER: Because they're
7 still in there, but not two.
8 COMMISSIONER COZAD: Okay, that's fine. I
9 will amend my amendment to that.
10 CHAIRMAN FREEMAN: And you'll second that?
11 COMMISSIONER CONWAY: Yes, I will.
12 CHAIRMAN FREEMAN: The amendment to that?
13 COMMISSIONER CONWAY: Okay.
14 CHAIRMAN FREEMAN: Any further discussion?
15 So, I think -- yes?
16 COMMISSIONER KIRKMEYER: I would just say, I
17 can appreciate everyone's positions. I hope you can
18 appreciate mine.
19 CHAIRMAN FREEMAN: Absolutely.
20 COMMISSIONER KIRKMEYER: I will be voting
21 against the amendment.
22 COMMISSIONER CONWAY: I understand.
23 CHAIRMAN FREEMAN: Commissioner Cozad.
24 COMMISSIONER COZAD: I don't disagree with
25 Commissioner's Kirkmeyer's comments at all.
193
1 COMMISSIONER KIRKMEYER: I understand.
2 COMMISSIONER COZAD: I actually agree with
3 them and I think the neighbors are putting up with a
4 lot out there. We have got to fix this. We've got to
5 fix it. And I think just by suspending it, while I
6 understand that's what the neighbors would like to
7 have, you know, I heard revoked, I do think, again, as I
8 stated in September, I would like to continue to try
9 and work with Heartland and resolve this issue and have
10 it to the point where there's absolutely no odor out
11 there.
12 And not just reduce the odor. I'd like to
13 find a way to have you guys continue to work on
14 eliminating odor out there. Like you said, or whoever
15 applied in 2010, said that they would do. And I would
16 just like for them to continue to work on that.
17 And as Commissioner Kirkmeyer said, be a good
18 neighbor, because otherwise we -- you know, it could
19 come to the point where there are additional conditions
20 and Development Standards are not being met. And, you
21 know, could come to the point at some point that this
22 does get revoked, and I don't want to see it happen.
23 I'd like to see everybody work together and have a good
24 Resolution.
25 CHAIRMAN FREEMAN: Commissioner Conway?
194
1 COMMISSIONER CONWAY: So I would echo the
2 comments. First of all, I do appreciate the comments
3 of Commissioner Kirkmeyer. I understand. I've been
4 out there. I've smelled it.
5 I understand what you all have been putting
6 up with.
7 (Indiscernible comments.)
8 COMMISSIONER CONWAY: Okay. Here's the deal,
9 though. There are unintended consequences here. And
10 what I'm trying to do here is move this process forward
11 where we can get to a point where we can eventually
12 come up with a win -win solution. I know that seems
13 very difficult right now. I understand the emotions
14 involved. But at the same point in time we've got to
15 look at this.
16 I think we're going to be back here on
17 December 21st. Heartland knows it. I know you're
18 shaking your heads out there. I appreciate your
19 frustration and I appreciate your anger. But at the
20 same point in time -- you know, at the beginning, in
21 2010 this process got screwed up, quite frankly, by us,
22 Weld County.
23 (Indiscernible comment.)
24 COMMISSIONER CONWAY: This thing got changed
25 through the original process, and we talked about this
195
1 at the first show cause hearing. That, in 2010, what we
2 voted for is not what we got today. And it was
3 changed. And I understand that.
4 But at the same point in time when I'm
5 dealing with the original applicant in terms of this.
6 So we've got to work our way through this. We've got
7 to roll this back, we've got to address these problems,
8 and I understand that.
9 But, you know, from what I heard in the
10 public comment is, fix this problem. I think what
11 we're trying to do is fix this problem. And I
12 understand that shutting this thing down -- I don't
13 know what the unintended consequences are. I respect
14 Commissioner Kirkmeyer in terms of her comments. But I
15 think at the same point in time there's some large
16 unintended consequences that this could have
17 that may not -- which may exacerbate this problem.
18 So, I'm willing to come back. We've
19 held the same conditions. I do think some of
20 the things that have been put forward
21 today by Heartland, and getting that building
22 up and done, and I would encourage Heartland,
23 and I know they're hearing this, to get this
24 done as quickly as possible. I know there's
25 weather related and other things.
196
1 But as Commissioner Cozad said, expediting
2 this process as much as possible, which I believe will
3 have significant improvement in terms of things out
4 there. And if it doesn't then we'll deal with it at
5 that particular point in time. And I think Heartland
6 understands the consequences of that.
7 So I think moving forward here, this is the
8 best of a lot of, unfortunately, situations we got to
9 deal with here. None of us wanted to be here in terms
10 of this, but it's on our lap, we've got to fix it and
11 we got to do the best we can in terms of what we can do
12 here and in terms of our reaching every individual and
13 judgment. Thank you, Mr. Chairman.
14 COMMISSIONER MORENO: Mr. Chair, I said
15 earlier, I struggle with it back and forth, and I
16 respect all the comments been made by fellow
17 Commissioners. And just sitting here hearing
18 everything, and I believe you're right, Commissioner
19 Conway, I think there is some fault on the County's
20 side here.
21 And with that, I'm going to not be in support of this.
22 I am going to be in support of the suspension. I'm sorry.
23 COMMISSIONER CONWAY: Okay.
24 COMMISSIONER KIRKMEYER: We've got to vote on the
25 amendment first.
197
1 COMMISSIONER MORENO: I'm sorry, Mr. Freeman.
2 COMMISSIONER CONWAY: So we got to vote on the
3 amendment.
4 CHAIRMAN FREEMAN: Right. So let me just
5 make a couple of comments and that is, I do fully
6 appreciate where Commissioner Kirkmeyer is and
7 Commissioner Moreno. You know, I think the neighbors
8 have put up with an awful lot, I think they've been
9 putting up with an awful lot for an awful long time.
10 And then on the other side of that, I agree
11 with Commissioner Conway, Commissioner Cozad, that at
12 the end of the day we want to get it right. I think
13 Heartland is demonstrating that they do want to get it
14 right.
15 The unintended consequences, I'm not sure any
16 of us know. I think that we're in a little different
17 situation here than a project where you kind of flip a
18 switch and it's done, it's over. I mean we're talking
19 about -- we're probably talking about a 60
20 (indiscernible) process if we suspend them to just get
21 the thing cleaned up and all of that and all the stuff
22 that's there that's got to go to somebody else's place,
23 landfill, wherever that is. I'm not sure what all that
24 involves.
25 And so, I'm in agreement with let's go ahead
198
1 and see if we get these buildings up and we can
2 continue to make progress and see if we get to a spot
3 that we fixed it, because that's what everybody really
4 wants is to fix it.
5 So, with that, so the first thing we need to
6 do then is to vote on the amendment, and I would ask
7 for a roll call vote on the amendment. Everybody
8 remembers what the amendment was, right? On the
9 amendment.
10
11
12
13
14
15
16
17
18
19
20
MS. JUANICORENA: Julie Cozad?
COMMISSIONER COZAD: Yes.
MS. JUANICORENA: Barb Kirkmeyer?
COMMISSIONER KIRKMEYER: No.
MS. JUANICORENA: Steve Moreno?
COMMISSIONER MORENO: No.
MS. JUANICORENA: Sean Conway?
COMMISSIONER CONWAY: Yes.
MS. JUANICORENA: Mike Freeman?
CHAIRMAN FREEMAN: Yes.
Okay, so now we need to vote on the
21 amended --
22 COMMISSIONER KIRKMEYER: Mr. Freeman?
23 CHAIRMAN FREEMAN: Yeah, I'm sorry.
24 COMMISSIONER KIRKMEYER: (Indiscernible) my
25 rules. Commissioner Freeman.
199
1 CHAIRMAN FREEMAN: Yes.
2 COMMISSIONER KIRKMEYER: I just want a
3 comment for clarification, if I may?
4 CHAIRMAN FREEMAN: Yes, go ahead.
5 COMMISSIONER KIRKMEYER: So I just want to be
6 clear that in the record that we have Findings of Fact,
7 that there was an admitted violation that occurred on
8 April 27th. So there is an admitted Findings of Fact
9 that there is a violation, and it's a violation of
10 Development Standard No. 21 and Development Standard
11 No. 17, and also No. 45.
12 I also want to note that we are setting up a
13 Show Cause hearing, an additional Show Cause hearing
14 for December 21st at 9:00 a.m., and included in that
15 Show Cause hearing, to ensure that we have given proper
16 notice and ample notice, because as I stated earlier,
17 I've heard enough between this hearing and the previous
18 hearing from not only our staff, the public, and from
19 the Respondent, that I want Development Standards Nos.
20 6, 10, 16, 17, 18, 21, 30, 40 -- 34, 42 and 45 included
21 in the notice, as far as possible violations with
22 regard to our USR.
23 I also wish to have decided at that meeting
24 the validity of the Certificate of Designation for this
25 facility as well.
200
1 And just direction to staff is, on my
2 expectation is that they would go back and look at the
3 EDOPs, the Engineering Design and Operations Plans from
4 2013, 2014, addendum, and you better brush up on the
5 Solid Waste Disposal Facilities Act as well. Just to
6 get it --
7 MR. BARKER: I want to clear just about the
8 suspension part, just so everyone's --
9 COMMISSIONER KIRKMEYER: That's right. And
10 now with the amendment the suspension is in part to
11 still have in place the same conditions that were put
12 in place at the September 19th Show Cause hearing, with
13 the limitation on waste, the limitations on production,
14 and the requirement to still have community meetings.
15 MR. BARKER: Okay.
16 CHAIRMAN FREEMAN: Okay. So with that we
17 will now vote on the amended Resolution.
18 Roll call vote, please.
19 MS. JUANICORENA: Julie Cozad?
20 COMMISSIONER COZAD: Yes.
21 MS. JUANICORENA: Barb Kirkmeyer?
22 COMMISSIONER KIRKMEYER: Yes.
23 MS. JUANICORENA: Steve Moreno?
24 COMMISSIONER MORENO: Yes.
25 MS. JUANICORENA: Sean Conway?
201
1 COMMISSIONER CONWAY: Yes.
2 MS. JUANICORENA: Mike Freeman?
3 CHAIRMAN FREEMAN: Yes.
4 So, motion carries 5-0.
5 And, seeing no further business, I just want
6 to thank everybody for coming again. I know it's
7 another day out of your busy lives, and hopefully we're
8 moving in a direction that finally gets us to a place
9 where everybody can live with.
10 So, we are adjourned.
11 (Meeting adjourned, 3:40 p.m.)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CERTIFICATE
STATE OF COLORADO)
) ss
COUNTY OF WELD )
I, Esther E. Gesick, Clerk to the Board of Weld County Commissioner and Notary Public
within and for the State of Colorado, certify the foregoing transcript of the digitally recorded
proceedings, In re: A SHOW CAUSE HEARING, PCSC16-0004, CONCERNING A MINOR
AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN, MUSR14-0030, AND USE BY
SPECIAL REVIEW PERMIT, USR-1704, FOR A SOLID WASTE DISPOSAL SITE AND FACILITY
(INCLUDING CLASS I COMPOSTING, AN ANIMAL WASTE RECYCLING OR PROCESSING
FACILITY [AN ANAEROBIC DIGESTER -BASED RENEWABLE ENERGY PLANT GAS], ALONG
WITH A CONCRETE BATCH PLANT TO BE USED FOR CONSTRUCTION OF THE FACILITY
FOR THE ADDITION OF A DIGESTER PROCESS AND A 70 -FOOT FLARE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - HEARTLAND BIOGAS, LLC, before the Weld County
Board of County Commissioners, on Monday, November 14, 2016, and as further set forth on page
one. The transcription, dependent upon recording clarity, is true and accurate with special
exceptions(s) of any or all precise identification of speakers, and/or correct spelling or any
given/spoken proper name or acronym.
Dated this 10th day of February, 2017.
Esther E. Gesick, Notary
Weld County Clerk to the Board
ESTHER E. GESICK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974016478
MY COMMISSION EXPIRES SEPT. 29, 2017
ORIGINAL ( )
CERTIFIED COPY ( )
Agren Blando Court Reporting & Video, Inc.
1
WORD INDEX
< $>
$100 113:5
< 0>
01-09-2017 202:12
< 1 >
1 34:10, 11 36:14
37:23, 23 58:16, 24
59:3 117:21
122:21 147:13
153:4
1.2 91:3
1.6 107:7
1.7 91:5
10 93:20 101:12
120:20 168:11
199:20
10:00 1:1
100 47:25 50:3
51:17, 21, 25 53:15
55:13, 17, 23 56:1
66:8 78:9, 10
111:10 114:5, 6, 7
176:4, 6 186:14
1007-2-1.9.2 9:12
10th 16:10 30:2, 4
31:10, 16 32:1
63:7
11 70:20
11:00 74:5, 15
11:45 120:7
11:49 123:15
11th 37:8 47:19,
22 184:16
12 70:20 80:7
83:10 132:24
13 70:20 80:16
13th 29:22 66:12
14 1:1 70:6
14-0030 1:1 3:5
14th 32:13
15 21:13, 21 24:22
36:2 70:4, 5
122:24 136:19
15:1 137:24 138:3
163:19
15th 37:15 40:9,
11 184:22
16 19:5 88:19
120:20 140:5
168:22 199:20
16-0004 1:1
17 60:18 61:4
87:21 115:21,22
117:17, 22 120:14,
21, 23 121:2 132:4
141:23, 23 146:25
169:1 199:11, 20
1704 3:6
17th 40:3
18 88:25 120:20
169:6 199:20
180 152:16
18612 68:22
18626 80:7 84:18
18th 7:15 8:7
17:14 34:5 37:17
119:17
19 115:18 169:11
190:24
19108 62:18
19575 73:17
199 19:4
19th 3:11 15:25
18:11 19:4 26:25
27:13 29:17, 19
37:22 49:23 53:5
61:18 136:5 143:3,
4 149:6 150:5
173:8 174:5
175:24 187:9
200:12
1st 39:18 40:4
65:25 68:1
<2>
2 19:20 33:1, 25
35:1, 2 38:1 61:11
98:16 117:21
121:1 127:9
139:11 151:6
155:21 169:17
198:20
2.1 122:15
2:00 123:7, 14
2:05 123:15
2:1 64:16 163:19
164:1, 3, 4 165:14
20 21:13, 22 169:9,
12 188:25
2005 70:23
2009 63:23 69:8,
16
2010 4:3 70:20
85:18 93:12 94:2
95:12 99:7, 8
100:20 101:4, 4, 6,
17 102:2 104:17
105:7 106:4, 21
109:2 117:6, 10
118:24, 25 119:4, 6,
15,21 120:2, 11, 16
122:4 124:1, 6, 12
125:22, 24 126:14
127:22 128:3,22
129:7, 12 166:20
180:12, 13, 16
193:15 194:21
195:1
2012 101:23
2013 4:6 10:19
25:18 85:19 95:12
101:7 102:3 105:9
106:14 107:19, 22,
25 108:7, 18 109:5,
11 124:9, 11, 12, 13,
14 125:11, 22
126:15 127:2
128:3 129:15
133:11 134:2
166:4 172:24
200:4
2014 4:15, 18
13:5, 13 14:2 17:7
92:25 108:23
109:7, 10 110:21
111:14 119:12, 17,
20 120:2, 11, 16
122:5 124:1, 10, 13
125:22 126:2, 16
128:10 133:12
134:2 172:24
200:4
2015 184:17
2016 1:1 18:21
27:21 28:20 31:24
32:1, 13 34:5, 9
86:12 132:10, 21,
22 133:21 184:22
187:6
2016-74 3:2
2016-74.B 1:1
2017 34:17, 23, 25
35:13 39:3, 19, 22
40:13 47:8 150:11
20th 132:22 140:1
21 60:18, 22, 25
61:4 87:21 115:18,
21, 24 117:17, 22
120:23, 25 136:1, 7
141:23 169:14
199:10, 20
21730 72:24
21734 65:16
21st 170:10, 11
171:13 177:18
179:5 180:21
181:11, 12, 18
191:18, 19 194:17
199:14
23 88:7
23-2-250 88:8
23295 67:5
23rd 31:24
24 30:19 63:9, 12
24505 75:23
24 -hour 63:18
64:19
24th 133:20 134:4,
13, 17, 21
25 60:23
25th 69:5
27 132:11
27th 30:1, 14
86:12 112:13, 24
116:16 132:23
136:11 137:1
144:1, 10, 18
157:10 167:6, 8
171:7 183:25
199:8
27th's 144:13
28th 37:21 101:23
29 107:5
293 22:18, 20, 21
122:8 135:17
29th 29:20
29th's 173:17
2nd 28:1 39:23
<3>
3 187:6 198:20
3,000 28:7
3.1 122:16, 21
3.c.1 94:18
3:1 77:1, 3
3:40 1:1 201:11
30 35:19 55:6
56:21 145:22
161:6 169:18
186:6 187:22
199:20
30-20-112 170:19
30-20-113 170:20
30-21-13 9:7
30th 34:25 35:11,
13
31st 7:17, 20 8:7
17:14, 14 34:9, 17,
23 35:9 37:25
40:13 47:8 48:7,
16 50:20 59:22
104:4 153:3, 4
156:2 179:25
34 60:19 61:4
88:1 169:24
199:20
340 202:22
36 120:20
373 24:8, 9
38 20:4
Agren Blando Court Reporting & Video, Inc.
2
3rd 18:21 19:1
36:21 149:6
150:23
3's 127:10
<4>
4 136:6, 7, 14
4.1 122:15, 15, 16,
21
4:1 25:3, 3, 4
135:21,24 165:14
179:13
40 49:15, 24 50:3
51:16, 20, 25 52:11,
15,16,19 53:15, 16
55:12 64:8 67:9
74:24 102:22
183:2, 18 186:18,
23 187:1 188:7, 13,
16, 25 199:20
418 122:8
42 60:3, 19 61:4
88:6 170:1 199:20
43 58:17, 19, 25
59:19, 25
432 135:17
44 72:25 75:23
45 60:18, 24 61:4
73:3, 17, 17 87:21,
22 115:18, 21, 25
117:17, 17 120:22
170:3 188:4
199:11, 20
47 62:18 153:2, 16
49 68:23 80:8
84:18 162:18
179:10
4-H 80:18
4's 136:1
4th 18:25
<5>
5,046 18:13
50 53:1 107:4, 16
5-0 201:4
500 184:15
5586 15:25
58 162:15
5th 111:14 165:4,
6
<6>
6 88:12 89:8
99:23 101:3
119:10 125:21
140:4 168:7
199:20
6:1 24:23
60 27:9, 11, 15
36:2 49:13, 16
52:13, 17, 20, 23
53:4, 8 183:3, 18
190:1 191:10
197:19
< 7>
7 30:19 70:3, 5
119:4, 5 122:21
7:1 21:5 24:23, 25
32:10, 15 34:1
35:22, 25 36:4
60:25 61:13 66:19,
21 77:5 92:4
98:17 112:21
115:10, 25 121:1
135:25 136:8
137:2,24 138:6
139:12 144:17
160:5 162:24
163:4, 6, 19 164:7,
10 165:14 179:13
182:11
70 55:5, 6 56:21
65:16 186:3
187:22
700 73:5
70 -FOOT 1:1
7th 36:22 119:15
150:24 191:25
< 8>
8 70:6 136:6, 8, 15,
17
8.1 122:15, 15, 16,
16, 22
8.8 92:21
8:1 22:2, 7 24:20
25:4, 4, 4 32:9
70:2, 4, 7, 8 77:1, 6
135:19, 20, 21, 24
163:25 165:14
80 29:3, 10
88 33:10
8's 136:2
8th 3:18 4:21
6:11 13:5, 13 37:5
151:1
< 9>
9:00 199:14
90 60:4
9-7-0 30:18
< A>
A.M 1:1 199:14
abated 102:15
abide 70:18
ability 14:13 37:1
52:6 68:16 71:18
125:14 142:25
180:25
able 16:7, 8 55:21
68:2 76:1, 15
81:13 82:8 84:12,
21 111:24 117:11
133:7 142:15, 22,
25 146:17 176:6
above -ground
109:4
absolutely 11:12
90:23 91:7 97:12
155:8 170:12
192:19 193:10
absurd 176:5
accelerated 150:6
accept 58:5
acceptable 11:6
accepted 90:8
accepts 87:8
access 90:16
accomplished 65:24
account 126:3
accountable 83:23
103:22 166:18
accurate 125:2
202:9
achieve 53:15
153:15
acquaintance 91:22
acres 73:5
act 45:9 65:23
148:3 168:9 173:3
200:5
ACTING 2:10
action 6:19 17:17
46:6 112:14, 15
152:3
activity 16:20
44:14
actual 31:11 76:14
90:13 99:6 109:12
add 13:7 46:1
54:13, 13 67:25
103:12 173:14
added 12:11, 12
13:9 24:4 44:23
103:21 126:25
addendum 119:16,
20 120:11, 16
122:5 124:10, 13
126:19, 25 133:12
134:3 172:24
200:4
ADDITION 1:1
13:19 18:14 35:14
36:5 43:12 44:15
86:4, 18 93:20
113:25 116:7
124:13 145:1
additional 7:5
12:11 19:7 30:9
61:23 87:9 109:9
119:5 144:7
147:12, 19, 24
149:16 170:8
171:8 175:11
177:20 182:4, 16
191:11 193:19
199:13
Additionally 18:17
19:3
address 15:25
30:16 31:3, 5
72:22 114:20
119:20 138:1
143:7 145:15
160:18 170:8
181:23 195:7
addressed 57:17
104:10 117:2
169:20
addresses 93:3
addressing 57:21
116:25
adequate 142:14
adhering 103:9
adjourned 201:10,
11
administrative
108:24
administratively
106:13
admission 171:7
admitted 167:4, 6
199:7, 8
advise 125:19
138:22
affirmative 133:25
afternoon 6:12
31:17 123:23
142:5
Ag 4:9 54:25
69:6, 8, 9, 11 91:5
101:20, 25
agency 36:7 88:4
aggressively 37:2
ago 6:17 80:16
161:6, 13 186:1
agree 51:24 52:1,
3, 6 110:14 119:3
166:19 173:14, 23
193:2 197:10
agreed 94:11
154:8
Agren Blando Court Reporting & Video, Inc.
3
agreement 5:21
6:2 17:19 101:21
151:19 197:25
agreements 55:9
70:19
AGRICULTURAL
1:1 87:6, 7
agriculture 77:15,
17 166:21
agronomic 44:6
AG's 16:10
ahead 15:19 18:4,
7, 8 19:10, 11
24:12 26:3 28:23
45:13 58:2 60:10,
13 70:16 72:22
92:15 96:4 111:12,
16 116:4 121:13,
16, 24 123:16
125:16 127:18
131:25 133:3
142:3 148:19
164:24 172:1, 5, 7
184:5 185:24
188:20 197:25
199:4
air 5:11, 13, 23, 25
6:12, 16, 19 7:14
8:3, 9 11:14, 16
17:20 33:15 35:6,
12 39:4, 6 42:14,
17, 19, 20, 21, 22
43:2, 6, 24 61:8, 9,
10 66:4 81:12
85:23 86:13 88:10,
22 98:6, 7, 15 99:6
115:11, 23 117:23
118:11 121:2
130:18, 19, 21, 24
131:10, 15, 21
132:4, 7 139:7, 8,
10, 25 140:21
141:5 145:25
146:9, 15, 15, 20
147:2, 4, 7, 13, 21,
23 148:2 152:15
169:3, 4, 16
align 37:17
alkaline 56:11
allow 70:25 94:25
allowable 143:24
allowed 70:23
100:22 102:19
119:25
allowing 132:16
allows 58:21
alternative 177:24
amend 175:18, 18
189:17 191:9
192:2, 9
Amended 12:8
91:2 108:22
126:24 198:21
200:17
AMENDMENT 1:1
3:4 108:23 109:10,
16, 24 110:21
119:8 120:2
126:19 128:11, 23,
25 166:2 183:13
190:11, 12, 14, 17
191:14 192:9, 12,
21 197:1, 3 198:6,
7, 8, 9 200:10
amendments
189:19
amount 28:16
48:2 53:12 56:18,
19 57:12 113:6
143:16 190:3
191:11
amounts 41:7, 7
46:1
ample 199:16
ANAEROBIC 1:1
44:8, 10 140:7, 15
152:6 159:9, 11
analysis 7:16, 16
14:16 185:5
analyzed 184:13, 19
analyzer 146:7
ANIMAL 1:1
animals 81:3
answer 7:6, 21
10:22 11:6 12:14
13:1, 17 14:20, 23
25:7, 16, 20 60:9,
21 84:21 87:18
91:1 111:1, 7
114:1 117:7, 12
118:19 120:8
121:5, 11 134:1
137:13 144:9, 11
148:14, 15 160:20
187:4 189:12
194:19
answered 135:15
answer's 90:1
161:2
anticipate 39:23
48:14 156:8
187:25
anticipated 40:7
anticipating 38:23
anybody 62:8
163:21
anymore 69:19
Anyway 75:11
85:20 121:14
apart 36:2
APCD 27:4 33:18
36:8
apologize 89:14
158:6
apparently 156:17
168:19 176:9
APPEARANCES 2:1
appears 122:10
156:22
apples 51:6, 6
apples -to -apples
176:10
applicable 88:3
98:6
applicant 14:14
89:17 98:2 104:2
111:12 119:20
122:2 132:5
140:12 141:15
174:4 182:7, 15
195:5
Applicant's 23:13
application 17:6
34:14 38:22
100:10 103:9
107:18 109:8
110:2 128:9
applied 43:25
149:6 185:14
193:15
apply 10:6 143:20
145:14, 14, 23
appreciate 37:3
55:4 97:10, 13, 25
117:4 150:21
160:14 167:14
177:8 179:21
181:12 182:8
192:17, 18 194:2,
18, 19 197:6
appreciation 36:22,
23 37:4
approach 72:10
appropriate 6:18
82:4 137:5 138:6
145:11, 12, 19
appropriately 117:8
approval 4:12
8:22 9:21 10:9
119:14, 16 166:10
approve 166:2
approved 4:14
11:20 12:9 13:18
15:11 25:18, 18
34:15 40:4 91:3,
8, 10 93:13 94:7
99:18 100:20
103:5 104:18
106:3 109:2, 5, 20
119:4, 5, 12 124:7,
10 126:14 133:11,
12 143:25 150:24
165:25 170:24
171:2 180:17
approves 101:5
approving 87:10
approximately
62:19
April 67:20 86:12
101:4, 4 112:13, 24
116:16 119:4, 5, 15
132:11,23 136:11
137:1 144:1, 10, 12,
18 149:4 157:10
160:3, 6 167:6, 8
171:7 183:25
199:8
area 18:15 28:12,
13 35:10 45:10
46:16 55:1 57:14
73:5 75:6, 7, 15
90:15 94:17 160:1
173:20 182:24
183:8 185:14
areas 22:9 95:15
105:8 138:8, 9
ARENS 72:3, 9, 12,
15, 17, 24, 24 73:2
75:11, 21 79:11
argument 145:11,
12, 13
army 113:23
asked 65:1 68:2
85:15 91:7 93:23
110:7 116:7, 8, 22
123:25 150:3
158:15 166:12
173:5
asking 57:4 71:23,
24 75:13 87:19
96:20 97:10 117:2
122:2 134:14
160:22 174:21
184:4 185:8 186:2
assess 133:17
ASSISTANT 2:12
3:8
associated 10:17
112:18 145:25
146:4 152:20
155:11, 15 156:2
assume 83:21
Agren Blando Court Reporting & Video, Inc.
4
assumed 95:19
assumption 166:20
assurance 16:16,
18 170:24
assurances 17:3
assure 135:18
180:22
assured 90:22
atmosphere 41:9,
11, 17 44:13
attend 69:19
70:12 83:3
attendees 29:21
30:1, 2
attention 7:2
144:2 157:11
167:23 171:25
ATTORNEY 2:11, 12
3:8 17:13 60:12
105:3 114:15
117:15 120:21
123:24 137:4
138:4, 19, 22
144:14 170:5
attorneys 16:6
131:5
attract 68:12, 15
auction 165:8
audible 105:19
123:4
audio 202:7
auger 38:6
August 69:5
Ault 43:20
authority 8:24 9:8
available 66:2
155:14 163:21
185:3, 6
average 24:23
25:1, 2, 9, 10 27:20,
23 28:7,12,19
59:25 60:3 187:7,
8
aware 3:14 7:2
124:3 151:8, 12, 14
awful 77:11
178:13, 17, 18
197:8, 9, 9
<B>
back 5:2 8:13
18:8 24:22 30:21,
23 32:1 33:20
36:19 40:17 42:4
58:9 60:9, 22
71:24, 25 74:19
75:6, 7 80:14
82:23, 24 84:3
93:10 94:12 98:1
99:3, 8, 11 100:20
102:6 103:8
105:21, 21 107:19
108:7, 16 109:3
111:16 117:9
118:10, 15, 24, 25
119:7 120:10, 12
121:6, 11 123:20
127:20 128:8
129:3, 7 130:16
139:20, 25 141:7,
22 142:4 143:10
145:20 148:23
149:23 150:24
160:22 166:16
168:8 175:24
176:1, 2, 25 194:16
195:7, 19 196:15
200:2
background 52:5
164:1, 2
bacteria 45:22
46:2
bad 73:25 74:7, 10
160:7, 7 178:14
bar 27:22 28:17
187:5, 8
Barb 198:12
200:21
BARBARA 2:1
barbeque 73:14, 25
barbeques 80:23
BARKER 2:11 16:3
60:21, 25 61:5, 20
98:1,11,14,24
115:8 117:20, 23
118:3, 9 119:7, 11,
18 127:2 128:20
129:5 130:16, 24
131:7, 12, 18 139:1
140:22 141:1, 4, 6,
10, 20 142:7
171:23 189:23
190:1, 24 191:2
200:7, 15
based 5:14 17:10,
19 37:11 50:16
56:24 69:17 86:25
89:20 103:22
104:5, 14 108:14
122:1 133:20
139:2 160:10
185:25
basic 185:16
basically 4:22
7:16, 18 9:13
34:11 36:17 37:12,
18 38:2, 4 47:2
98:20 124:18, 21
125:7, 11 156:7
157:1 166:4
175:25
basis 48:17 125:2
140:13 151:18, 20
172:12 182:7
BATCH 1:1
battery 62:13
74:19
bear 69:1
bearing 61:19
beautiful 80:10
began 80:16
beginning 37:6
38:24, 25 132:3
194:20
begs 88:23
BEHALF 2:1
believe 7:12 9:5
10:18 13:17 60:23
63:6 73:9 79:11
84:21 86:15, 25
98:9 103:22
112:20 124:20
129:18 133:21
141:10 144:14
145:20 150:3
153:23 170:6
171:1 175:19
180:15 196:2, 18
believer 50:15, 15
BEN 2:13 133:9
benchmark 27:20
32:23
benchmarks 7:23
Bennett 72:18
best 39:8, 10, 17
66:1 93:24 94:5, 6
99:16 100:19, 22,
24 101:17 102:1
103:1, 1, 4, 8 155:3
163:18 196:8, 11
202:11
bet 24:7
better 33:3 108:12
144:24 154:14, 18
156:8, 11 157:3, 8
177:5, 6 183:16, 17
200:4
beyond 20:25 21:2
bid 40:3, 4
big 37:13 44:22
59:7 76:17, 23
78:4 114:11
162:19 169:23
bigger 104:15
Bill 15:1, 24 77:15
111:17 142:6
143:11
Bill's 163:15
bio 39:5 46:18
112:11
biodigester 63:14
biofilter 41:13
42:24 43:7
biofilters 42:5
BIOGAS 1:1 4:6,
15 5:2, 5 10:10, 14,
21, 25 11:4, 10
13:6, 9, 22 26:17
27:13 33:16 69:6,
14 70:1 77:8, 10
78:13 112:7 113:1
147:11
biological 44:14
biology 44:2, 23, 23
bit 7:4 26:18
27:5 28:6 36:13
40:20 42:19 49:8
53:23, 24 60:9
68:25 85:16 87:4
89:13 92:11
125:13 146:17
149:8 159:1
162:14 163:14
177:4, 15 179:10
186:15 188:6
blank 110:7
blankets 74:6
blessed 80:11, 20
81:5
blocks 37:12, 13
blow 82:15
blower 42:23
47:11, 13 48:3
blowing 82:13
88:20 91:14
113:19 169:22
173:10
blown 67:10
blue 19:15, 16, 17
20:8, 16, 20, 25
27:12 53:4
BOARD 1:1 2:1,
10 3:14 6:7,8,9,
23 14:13 15:11
18:10 61:22
105:21 107:2, 10
108:7, 17, 17 109:5,
13 114:21, 25
123:17 125:2, 15
129:25 139:18
142:13 148:24
151:23 165:24
166:1 174:24
176:22 177:24
178:6
Agren Blando Court Reporting & Video, Inc. 5
Board's 7:2 96:13
114:17 123:6
164:16
body 111:18
bold 140:6
borrow 32:3
bottom 38:20 44:9
74:4
bought 80:16
117:10
box 16:21
Boys 165:7
branch 155:23
brand 35:10
break 123:22
BREWER 2:13
11:6,11,14,25,25
12:15 19:12 20:8,
11, 15, 18, 20 21:7,
16, 24 22:2, 8, 11,
16, 20 23:6 24:16
25:2, 11 27:25
79:3 111:7 132:9,
16, 20, 22 134:12
135:18 136:16, 25
137:8, 12, 19 138:1,
12, 15 147:11
151:15 184:13, 23
185:1,4,12,19,22
Brewer's 5:15
brief 142:20
154:21,23 163:24
briefly 40:23
86:23 101:1, 15
103:3
bring 7:1 15:6
28:25 53:12 60:8
62:12 68:13 86:19
97:8 102:19
105:21 106:16
167:21
bringing 13:19
25:24 53:21, 23
56:20 68:11 80:22
108:1 171:24
172:9 187:19
188:8
broken 155:17, 19
brought 25:21
27:17 29:1 41:25
58:18 69:2 83:19
107:2, 9, 18 108:6
111:25 113:17
132:3 133:14
149:11 167:13, 22
170:18
BRUCE 2:11 132:1
171:19 172:18
brush 200:4
bug 56:10
bugs 44:7, 8, 13
build 38:15 143:21
150:16 156:8
186:7 187:22
building 18:12, 14
34:10, 11, 13 35:1,
2, 3, 9, 10, 20 36:14,
15, 16, 17, 20, 21
37:7, 12, 14, 16, 20,
21,22,23 38:1,1,2,
10, 15, 17, 24 39:2,
20 42:8 48:10
57:11 58:6, 7, 8, 10,
15, 16, 19, 21, 22, 22,
24 59:2, 9, 9 80:17
93:22 99:13
100:16 107:6
114:2 135:10, 12
148:21 149:6, 20
150:8, 16, 18 151:1,
5 153:3,4 154:11
155:20, 20, 21
157:2 177:9
178:16, 17 179:1, 3
180:1 195:22
buildings 39:6, 7
41:22 42:2, 3, 13
43:6 113:25 114:4
150:11, 12, 13
155:13, 13, 15
157:20 158:12, 14
178:2, 22 198:1
building's 36:18
58:5 59:10, 17
built 70:22 100:22
179:4
bunch 167:12
burden 65:19
burning 77:10
business 36:25
37:1 64:16 78:5
117:11 149:18
161:8, 9 201:5
busy 32:6 201:7
<C>
calculated 25:3
calculation 186:24
calf 165:8
call 3:1 15:1
30:12, 23 31:20
76:11 77:9, 9
113:22 198:7
200:18
called 31:15 44:5
170:17
calling 64:18
call -ins 64:19
calls 83:4 156:17,
17
candidly 153:9
capacities 50:25
capacity 27:12, 15
46:4 48:23 49:2, 9
50:5, 7, 22, 24 51:2,
15,18 55:8, 11, 14,
15 91:9, 11 107:8
188:13
capture 6:5 94:5
99:16 154:12
155:6
carbon 42:25
47:14, 14 48:7
card 90:16
care 71:15 90:22
96:1 144:5
carried 58:9, 14, 23
128:22
carries 201:4
carrying 21:2
cartons 89:1, 5
case 11:19 29:24
42:23 158:17
171:1
cases 122:19
126:17 181:3
cat 77:9, 10
catch 14:18
Caterpillar 147:14
cattle's 159:15
CAUSE 1:1 3:2, 3,
10 6:9 27:24
28:20 29:3, 17, 19
32:22 33:11, 23
49:23 112:2, 2, 9,
10 122:8 144:12,
13,16,17,19
145:24 148:22, 23,
25 149 :1, 2, 5, 5
150:5 162:2, 3
167:11,25 168:6
170:6, 8, 10 171:4,
20, 21, 24 172:2, 4,
6 174:19 175:11
176:17 180:21
195:1 199:13, 13,
15 200:12
causes 114:9
CD 4:24 5:3, 10,
24 6:16, 19 8:13,
16, 19, 20, 24 9:18
10:7 12:23 13:15
14:3, 13 118:7
126:14 129:4, 11
130:14, 21 131:3,
15, 20 132:2
170:22
CDPG 5:9
CDPH 8:1
CDPHE 118:23
119:15
CDs 126:17
certain 5:21 11:18
12:5 17:15 56:14
57:20 64:14 74:13
150:6
certainly 17:10
81:19 84:10 97:9
113:18 165:3
167:18
Certificate 3:19, 24
4:3, 20 9:6, 21
10:9 12:7 13:14
15:10 124:7
138:24 170:16, 22
171:3,10 199:24
CERTIFICATION 1:1
certified 32:20
44:6 202:5
certify 202:6
CET 202:22
cetera 46:10
112:10
chain 90:15 143:12
CHAIR 2:1 3:9
28:22 40:14
108:20 115:14
116:20 178:10
196:14
CHAIRMAN 3:1
7:8, 25 11:23
12:3, 16 13:24
14:25 15:4, 6, 15,
18, 22 17:8, 24
18:1, 3 19:10,22
21:9 22:18,21,24
23:3, 4 24:12
25:14 26:2, 9, 12
28:23 40:15 45:14
48:19 49:5 51:3
53:19 57:8 60:5,
7,13 62:7,12,16
65:4, 11, 14 67:3
68:20 72:4, 11, 14,
21 73:1 75:9, 19
78:1, 17 79:18
80:3 83:16 84:15
95:3, 7, 24 96:3, 10,
11, 18, 22 97:1, 4,
12, 25 103:25
104:22, 24 105:10,
14, 16, 20, 25 106:9
108:3, 6, 21, 25
109:14, 18 110:5,
Agren Blando Court Reporting & Video, Inc.
6
10, 14, 19, 25
111:15 112:5
114:15, 19, 21
115:15 116:4, 18
117:13 118:19
119:2 120:3, 4, 17,
24 121:7, 12 123:2,
5,13,16 125:16
126:9 127:18
129:18 131:25
133:3 137:21
138:16, 20 140:19
141:24 142:2
145:16 146:23
148:19 152:25
158:4 159:20
164:16, 20, 24
173:12 174:6, 10,
13,16 175:1, 13, 16,
20 176:23 178:8
179:6 182:2, 20
184:2, 5 185:23
186:7,10,13,17,20
188:20 189:15, 21
190:17 191:4, 7, 15,
19, 23 192:10, 12,
14, 19, 23 193:25
196:13, 24 197:4
198:19, 23 199:1, 4
200:16 201:3
challenges 32:5
challenging 179:14
chance 89:23
121:17
change 4:10 10:15,
20 11:2 13:7, 10,
11,14,16,18 14:5,
9, 10 25:19 48:1
63:25 64:15 69:3
70:17 106:14
107:9,17,17,25
110:1 119:21
126:24 149:25
changed 4:13, 24
11:21 12:6, 10
13:21 16:13, 14
61:21 64:13 71:14
106:12, 13 107:22
108:13 183:7
194:24 195:3
changes 13:6
63:24 64:2 65:9
101:13 106:21
108:10, 14, 17
109:20, 22 128:11
137:17 168:17
changing 10:18
38:13 64:17
136:23, 23 137:10
Chapter 88:7, 8
check 79:15
133:22 134:16, 17
135:6, 7 182:16
checked 16:22
chemical 67:25
chocolate 89:5
choice 69:19
chosen 81:6 82:19
CHRIS 2:13 23:10
26:5 72:18 84:25
86:23 106:3 108:3
Christmas 182:25
circles 19:15, 15,
16, 17 20:8, 13, 20
circumstances
83:19
City 68:13 81:1
civil 9:10 10:3
38:10, 16 150:17
155:11
claim 100:13
clarification 79:16
108:4 117:15
125:18 142:7
166:8 186:21
191:16 199:3
clarified 138:17
clarify 79:6
109:19 124:2
146:17
clarifying 105:23
188:18
clarity 9:1
CLASS 1:1
clean 158:8 177:13
cleaned 197:21
cleaning 89:4
Clear 18:14 87:5
95:2 99:15 183:14
199:6 200:7
clearing 138:14
clearly 93:6 94:2
179:8
CLERK 2:10
clock 157:1
close 51:9 91:22
188:5
closed 42:11
closes 42:9, 10
closest 67:5
Club 165:8
Coan 15:24
Code 87:10 88:8
170:2, 2
Coincidentally
85:14
cold 184:9, 10
185:10
colleague 19:8
collect 34:21 155:5
collected 41:18
42:22
collection 42:15
Collins 83:12
COLORADO 1:1
5:8 43:20 61:8, 10
83:11 85:22 86:2
98:6, 15 103:11
130:18 131:21
139:7, 10
column 23:8
combined 187:15
come 5:17 9:14
15:20 18:4 26:3,
12 31:13 39:12
43:22 44:12 55:16
62:9 65:20 67:20
69:22 81:2 82:22
103:14 121:6, 11
127:23 129:14
130:1 139:22
142:4 143:19
156:20 159:17
176:1 183:1, 11, 17,
19, 25 189:4
193:19, 21 194:12
195:19
comes 24:22 38:3
54:8 56:8, 12 57:1
59:14 60:2 71:19
74:5 92:10 93:18
127:16 159:1
173:16
comfort 83:1
142:25
coming 10:15
11:3 17:1 28:25
41:18 44:18 45:6
47:24 54:22 92:5
122:6 149:23
153:23 155:2
159:16 164:2
177:21 178:1
179:3 185:10
186:4, 6, 9, 19
188:22 201:6
commence 140:7
comment 17:16
104:25 124:24
125:6 136:22
176:22 194:23
195:10 199:3
comments 7:6
43:16 60:15 78:20
79:21 139:22
166:14 167:14,20
192:25 194:2, 2, 7
195:14 196:16
197:5
Commission 17:20
61:11 65:22 70:25
98:16 115:11
116:7, 12 117:24
118:11 139:11
140:1 146:23
149:23 152:22
166:12
COMMISSIONER
2:1, 1, 1, 1, 1 7:8,
9 8:3, 6, 9, 12 9:2,
4, 17, 20, 24 10:2, 8,
13 11:1, 8, 12, 17
12:4, 16, 17, 18, 25
13:2, 23, 25 14:17,
22 15:9, 14 17:9
18:18, 22 19:2, 22,
23 20:10, 12, 16, 19
21:4, 8, 10, 11, 19,
25 22:6, 9, 12 23:1,
9, 13, 18, 23 24:1, 6,
9, 11, 13, 14, 17
25:5, 12, 17 26:1
28:21, 24 29:6, 9,
12 40:14, 16, 19, 23
41:20 43:1, 4, 8, 11
45:14, 15, 24 46:5
49:5, 7, 13, 20, 25
50:2 51:3, 4, 8, 13,
19, 23 52:2, 10, 13,
16, 22 53:2, 10, 18,
19, 20 54:1, 16, 21
56:16, 25 57:3, 7, 8,
9 58:2, 11, 13, 24
59:18 60:11, 14, 24
61:1, 17 62:5
64:25 78:18, 19, 25
79:5, 9, 15, 19 84:8,
11, 14, 23 85:2, 5,
10 87:13, 15 90:19
93:10 95:23, 25
96:8, 12, 19, 23
97:3, 5, 9, 13, 18, 21,
24 104:1 105:4, 15,
23 106:1,5,7,11,
16, 19, 24 107:20
108:9, 20, 22
109:11, 15, 23, 25
110:1, 8, 12, 17, 20,
23 111:1, 2, 5, 9, 11
114:14 115:1, 4, 14,
16,20 116:3,18,20
117:13, 14, 22
118:1,5,20,21
119:3, 9, 13, 19
Agren Blando Court Reporting & Video, Inc.
7
120:3, 5, 6, 18, 25
121:8, 19, 20, 21, 22,
24, 25 123:8, 9, 10,
21, 25 125:17
126:9, 10, 23 127:4,
17, 19 129:4, 10, 19,
23 130:4, 8, 13, 23
131:3, 11, 13, 23
132:1,12,18,21,25
133:2, 4, 24 134:6,
9, 16, 19, 24 135:4,
9, 14 136:13, 20
137:7, 9, 15, 20, 21,
22 138:10, 13, 18,
21 140:17, 20, 23
141:2, 5, 7, 11, 22,
25 145:16, 18
146:11,25 147:9
148:1,11,17,20
150:8 151:8, 13, 17,
22 152:1, 18, 24
153:1, 6 158:4, 5,
15 159:19, 22
161:19 162:10
164:18, 22, 23, 24
165:1 171:15, 17,
18 172:12, 17
173:12, 13, 22
174:8, 12, 14, 23
175:9,14,17,21
176:14, 24, 25
178:8, 10, 11 179:6,
7, 14, 18 180:9
182:2, 3, 20, 21, 22
184:3, 6, 21, 24
185:2, 7, 7, 9, 13, 15,
21, 25 186:1, 8, 11,
16,18 187:11, 16,
18, 21, 24 188:2, 3,
5, 10, 14, 18, 21
189:6, 8, 12, 16, 25
190:6, 8, 10, 12, 13,
15, 18, 20 191:1, 8,
13, 18, 20, 21 192:1,
8, 11, 13, 16, 20, 22,
23, 24 193:1, 2, 17,
25 194:1, 3, 8, 24
195:14 196:1, 14,
18 197:2, 6, 7, 11,
11 198:11, 13, 15,
17, 22, 24, 25 199:2,
5 200:9, 20, 22, 24
201:1
COMMISSIONERS
1:1 2:1 3:7
15:12, 23 26:15
61:22 66:24 67:2
70:20 71:10 72:19
80:5 84:1 91:10
109:13 112:9
121:14 123:17, 18
139:19 142:5, 15,
21 143:5 145:5
149:15 162:19
170:13 181:7
196:17
Commissioner's
14:1 192:25
Commissions 184:2
Commission's
169:17
commit 161:17
commitment 144:24
committed 66:18
99:20 150:1 154:1,
2 155:24
common 57:13
77:14
commonly 89:25
communication
30:11
communities 83:15
community 27:2
29:17, 21 30:4, 10
32:2 62:21 64:1, 5
65:20 66:13, 20, 21
67:1 69:5, 18
70:10, 12 71:12
80:15 82:14, 25
84:4 94:8 113:20
116:8, 13 149:15
154:5 190:3
191:12, 16 192:5
200:14
companies 63:24
company 4:4, 24,
25 5:4 10:19
14:11, 15 46:21
66:3 71:10 76:8
117:3 149:25
155:24
company's 25:19
36:23
comparable 138:11
compare 162:15
163:3, 4
compared 162:16
compares 162:24
comparison 51:6
142:19 167:18
complainants 138:7
complaining 67:14
complaint 144:11
156:20 185:5
complaints 19:4,
13, 25 20:14 76:2
79:22 92:5 111:3
151:9, 12 156:22
157:4 163:2
183:21, 22 184:7,
14, 20 185:16, 17
complete 7:18
34:4 35:6 37:21,
24 39:2, 8, 19 40:2,
11 44:25 58:16
71:2 143:14
157:20
completed 39:25
101:21 134:8
178:23
completely 73:23
74:21 125:15
150:16
completion 34:17
35:1, 20 59:23
complex 38:18
compliance 9:10,
15 21:3 27:4 33:1,
15, 21 34:16, 24
35:15 36:6, 10
37:23 40:12 47:17
61:6, 7 86:9, 11, 14,
17, 19 88:9 98:5
104:11 112:14, 25
113:9, 13 115:10,
12 116:16, 17
117:19 118:2, 3, 14,
17, 18 120:15
121:3 122:4
123:25 124:16
125:4 130:18
131:1, 2, 20, 20
132:4, 6, 7, 10, 24
133:5, 21 134:2, 13
137:16 139:6
140:3, 6, 12, 14, 24
141:18 144:1, 3, 23
145:4, 7 146:5, 14
147:1 148:4,5,25
149:12, 12 152:16
157:25 158:2
159:24 160:2, 3, 11,
19 161:21,22
162:6, 8 167:1, 2, 6
168:12 169:3, 25
170:2, 4 172:23
183:23
compliant 103:6
144:9, 9, 10 151:16
comply 27:1 61:14
88:3 89:22 98:7,
19, 21 115:23, 25
116:1 118:13
128:25 130:19
139:7
complying 139:15
169:4
COMPOSTING 1:1
91:24 147:15
152:12 159:17
compromised 82:9
computer 75:25
76:4 78:12 85:1
168:12
computers 122:7
concentrate 131:22
concentrations
20:23, 24
concern 16:14, 16
107:12
concerned 90:21
CONCERNING 1:1
concerns 63:21
76:5 80:6 155:13
conclusion 5:17
CONCRETE 1:1
35:3 37:12, 13, 19
38:2 58:4, 8
181:19
condition 141:2
159:25
conditions 5:23
91:19, 20 102:14
166:6, 9 169:23
180:22, 24 190:7
192:2 193:19
195:20 200:11
202:11
conducted 19:17,
18 21:1 25:2
conducting 5:14
confidence 45:5
103:19
confident 84:3
153:1
confirm 135:21
confirmation 91:8
confirmed 156:4
confused 130:14
congratulating
104:19
congratulations
77:21
connect 34:20
39:5 47:1 106:19
connecting 94:21
connects 47:9
Connie 65:16
consequences
152:2 179:8 194:9
195:13, 16 196:6
197:15
consider 14:13
17:5 75:24 132:2
138:24 166:7
Agren Bland() Court Reporting & Video, Inc.
8
consideration
111:20 118:8
131:6, 8 142:10
considerations
86:25
considered 61:25
112:17 114:24
142:13 171:9
172:4
considering 114:22
consistent 127:8
consistently 80:14
112:22
constant 73:18, 19
constantly 67:7
constituents 160:12
construct 101:22
CONSTRUCTION
1:1 7:18 34:8, 9
37:5, 11 38:19, 25
39:24 40:8, 10
57:10 150:17
151:1 155:23,23
162:20 181:15
consultant 35:17
144:22
Consultants 20:23
contact 30:23
76:8, 16 90:6
contacted 67:18
container 124:22
containment 38:12
contemplating
125:25
contend 86:15
content 41:5
continue 27:1
75:1 99:22 113:2
114:12 116:5, 14,
14 142:9 144:6
151:4, 5, 6 154:10,
10, 13 155:4
156:15 157:19, 21,
23 158:24 159:11
166:25 193:8, 13,
16 198:2
continued 3:10
27:3 32:21 33:1
102:18, 24
continues 32:13
90:3 149:16 152:9
continuing 32:25
142:18
continuous 154:21
156:18 157:9, 10,
18 158:25
continuously 46:1
contractor 40:3, 4,
7, 8
contractual 28:4
50:11 55:18
152:20
contradiction
101:11
contrary 86:16
contrast 142:19
contributors 92:20
control 27:6 33:15
34:3 51:1 60:2
61:8, 9, 11 90:7, 16
93:15, 17 98:6, 8,
15 101:9 112:16
115:11 117:24
118:11 130:18, 20,
21, 24 131:21
132:5 139:7, 8, 11
140:1 144:7 147:2,
5, 21 148:2 149:24
152:15 155:12
169:3, 5, 16
controlled 168:24
controller 30:17
controlling 152:12
controls 32:24
33:5 35:12 37:2
112:17 113:13
144:7 149:20
151:7 164:15
169:21
convenient 31:20
conversation 16:9,
11 46:20 49:19
145:9 149:9, 14
179:2 188:15
190:16
conversations 16:4,
4 153:21
convinced 156:3
CONWAY 2:1 17:9
24:11, 13, 14, 17
25:5, 12 57:8, 9
58:2, 11, 13, 24
59:18 78:18, 19, 25
79:5, 9, 15 103:25
105:23 106:1, 7, 11,
16, 19, 24 107:20
110:23 111:1, 5, 9
123:8, 10 125:17
137:21, 22 138:10,
13 145:17, 18
153:1, 6 159:19
179:6, 7 184:21, 24
185:2, 9, 15, 21
188:18 189:12
190:8, 12, 15
191:13, 21 192:11,
13, 22 193:25
194:1, 8, 24 196:19
197:11 198:16, 17
200:25 201:1
copied 30:16, 17
copy 15:10 16:8
33:17 84:23
117:25
corporation 80:14
correct 5:4 8:5, 11
9:23 10:11 14:7, 8
20:9, 15, 18 21:7,
16 24:22 25:11
49:14 59:4, 5
77:19 108:24, 25
109:14, 17 110:4
115:3 119:18
126:12, 12, 20
128:18 132:13
134:25 135:2
138:12 140:21, 22
141:1, 10, 12, 14, 20
153:3 155:8
172:11, 16, 18
187:22
corrected 70:10
correctly 94:24
128:19
correlation 185:8,
17
cost 161:14 182:7
costing 76:23
Council 83:5
counsel 131:24
count 49:10
counting 75:5
countless 80:19
81:18 82:24
COUNTY 1:1 2:11,
12 3:8, 25 4:10
8:21, 22, 23 9:18
12:1 15:11 16:5
17:7, 13 20:3
28:25 29:1, 5, 8, 11
54:24 60:12 61:22
62:18 64:6, 21
65:9, 16 67:5
68:22 70:25 71:10
72:24 73:17 75:23
78:13 79:6, 22
80:5, 8, 12, 21 81:2,
6, 9 83:22, 25 84:2,
18 87:10 88:4, 8
89:19 93:12 94:7,
11 96:2 100:20
101:8, 13, 19 103:5
104:18 105:3
109:13 113:16
114:10, 11, 15, 24
117:15 120:21
123:17, 18, 24
133:15 138:19, 22
139:19 143:4
144:14, 21 151:9
152:13 154:6
162:18 164:3
170:5, 13 171:1
176:14 194:22
County's 9:25, 25
78:14, 23 196:19
couple 3:22 7:13
14:4 18:9 20:1
76:5 77:22 102:7
138:22 159:23
197:5
course 6:18 88:19
100:7
court 202:6
cover 18:14, 15
35:5 74:6 83:10
94:5 99:16 104:12
182:7
covered 95:15
99:9 100:3 106:23
108:12, 13 109:10
154:11 159:9, 10
covering 57:13
99:20 158:12
covers 35:3 38:2
cowl 159:9
co-workers 81:1
coyotes 68:12
COZAD 2:1 7:8, 9
8:3, 6, 9, 12 9:2
12:16, 17, 25 13:23,
25 14:17, 22 19:22,
23 20:10, 12, 16, 19
21:4, 8 23:9, 13, 18,
23 24:1, 6, 9 40:14,
16, 19, 23 41:20
43:1, 4, 8, 11 53:19,
20 54:1, 16, 21
56:16, 25 57:3, 7
104:1 108:9, 20, 22
109:11, 15, 23
110:1,17,20
117:13, 14, 22
118:1,5,20,21
119:9, 13, 19 120:6
121:20, 21, 24
123:9 126:9, 10, 23
127:4, 17, 19 129:4,
10, 19, 23 130:4, 8,
13, 23 131:3, 11, 13,
23 132:1 140:17,
20, 23 141:2, 5, 7,
11, 22, 25 159:22
161:19 162:10
171:15, 18 173:12,
13 174:8, 12
Agren Blando Court Reporting & Video, Inc. 9
176:24, 25 178:12
179:14, 18 182:2, 3,
20 185:25 186:8,
11, 16, 18 188:3, 10,
14, 21 189:8
190:20 191:1, 8, 18,
20 192:1, 8, 23, 24
193:2 196:1
197:11 198:10, 11
200:19, 20
crap 78:8, 9
created 56:9
criteria 22:5
criterion 21:18
22:3 137:1
critters 68:12
crow 74:2
curing 37:19
curious 55:2
current 27:18, 19
58:25 83:20 103:7
118:25 129:6, 8, 8
143:21 186:25
189:7, 13 190:2
191:11
currently 10:5, 8
35:4 58:8 91:15
101:6 118:23
131:1 133:5 135:4
152:10
curtailed 73:23
customers 50:13
55:18
<D>
daily 27:12, 21
38:9
dairies 54:10
dairy 73:6, 6, 8
Daly 69:14
dang-it 122:7
data 23:16 85:25
182:17 184:6, 18
date 7:4 18:19
31:4, 8, 8 34:16, 25
110:9 111:13
144:13 171:13
174:19 191:19
202:22
dated 119:15, 16
140:1
dates 12:21 23:6
34:8 37:10 150:6,
7 185:6
daughter 72:12, 17
73:4 81:23 82:2
daughters 81:18
daughter's 73:16
David 16:9, 23
day 28:7 53:3, 5
73:21, 22 81:25
82:11, 14 89:4
154:7 180:8 187:7
191:25 197:12
201:7
days 6:17 7:12, 22
35:19 53:2 60:4
68:5 100:7 145:23
152:17 153:2, 16
154:15 161:6, 12
de 132:16
deadline 7:17, 20,
25 8:13, 16
deadlines 6:22
7:13 8:2
deal 6:4 73:21
77:17, 17, 20 175:2,
2 194:8 196:4, 9
dealing 43:15
46:20 113:8, 10
195:5
deals 5:13 49:18,
20
dealt 60:22
Deb 75:22 78:19
debris 89:2 91:14
169:22 173:10
December 7:17
8:7 17:14 26:25
30:7 34:9 35:9
37:22, 25 38:21, 22
40:4 59:22 104:4
119:17 153:3, 4
170:10, 11 171:13
177:18 181:18
191:17, 24, 25
194:17 199:14
decibels 162:15
179:15
decide 9:9
decided 66:22
99:17 151:23
199:23
decision 39:21
84:1, 6 94:7
101:25 102:22
103:22 142:16
160:10
decisions 86:20, 24
103:18 133:12
deed 145:19
deemed 147:22
deep 58:7
defer 19:8
defined 94:20
definitely 135:7
definition 125:9
delayed 56:3
deleted 169:13
deletion 61:12
demonstrate 33:11
53:6 145:3 146:9
152:16
demonstrated
57:14 112:12, 20
144:20, 20, 21, 21,
22 158:2 161:3
demonstrates
33:13, 14 93:6
113:4
demonstrating
36:9 86:5 197:13
Denver 64:17
68:13
DEPARTMENT 2:13,
13, 13 5:9, 12 12:1
17:11 34:14 36:24
63:18 79:7 119:12
131:9 133:16
150:22 151:4
167:7 168:15, 16
182:14 183:22
dependent 53:21
depends 81:21
depth 63:19
describe 27:22
describes 127:13
146:3
description 73:12
125:10
deserve 67:1
166:15, 16 182:24
183:16, 16
design 4:16 10:24
12:19 13:10 14:9
17:2 27:11, 15
38:11, 20 39:8, 10,
13, 19 40:2 50:10,
19 55:8 56:23
57:5 71:1, 9 85:16
88:14 89:9, 16
90:4, 10 91:2, 13,
25 93:11 94:18
95:13 101:5, 13, 16
102:25 103:4
104:11 105:6
109:22 119:14
124:6 130:11
133:6 141:8
146:21 149:18, 19
155:10 167:17
168:9, 19, 20
181:20 200:3
designates 35:15
Designation 3:19,
24 4:3, 20 9:6, 22
10:9 12:7 13:15
15:11 138:25
170:17, 23 171:3,
10 199:24
designed 48:4
50:23, 24 55:5
92:2 93:14 114:5,
6, 8 125:23, 24
designs 91:24
desire 112:12
destructive 44:2
detail 27:5 85:18
details 89:12
detected 98:16
139:11
detecting 156:23
Detection 61:12
137:2, 3
determination
19:19 22:4 112:2
170:16
determinations
20:22 21:17, 17
23:7 171:14
determine 3:11
24:18 25:9 57:10
140:2 156:11
171:4
determined 14:3
21:3 128:11
135:20 137:4
138:5
detrimental 86:6
develop 101:22
140:9
DEVELOPMENT 1:1
3:4 60:18 61:4,
15, 23 62:2 85:24
86:17 88:6, 12, 18
89:8, 18 99:23
101:2, 12 110:2, 13
115:2, 8, 19, 22
117:16, 18, 19
118:24 119:1, 8
120:14,20 125:21
128:21,24 130:10
132:3 139:16, 17
166:6, 9 168:2, 3, 7,
11, 22, 23 169:1, 6,
11, 14, 18, 20, 24
170:1,3,4 171:8,
21 173:14, 21
175:4 176:19
193:20 199:10, 10,
19
Developmental
120:22
deviations 168:12,
Agren Blando Court Reporting & Video, Inc.
10
17
Diegestive 13:20
difference 17:6
28:7 177:19
differences 85:18
different 3:22
11:3 12:12 13:21
14:15, 18 16:14
35:23 46:15, 19
54:24 56:19 60:3
63:2 74:22 88:17
101:16 118:22
125:23 127:25
131:10 141:13
142:19 146:5
159:24 163:14, 16
168:20 175:7
197:16
differently 61:18
127:14
difficult 38:10
42:16, 19 43:14
180:8 194:13
difficulty 114:9
digested 44:17
DIGESTER 1:1
14:6 38:5, 8 41:1,
3 44:12 90:15
91:9, 11 93:5, 14
140:8, 16 141:17
152:6, 11 158:20,
21, 23
DIGESTER -BASED
1:1
digesters 44:3
51:10 91:3 152:7,
9 158:8 159:2
digestion 44:8
56:9
Digestive 13:8
126:1, 3
diluted 38:4, 8
dilution 24:21, 23,
23, 25 34:2 36:1
60:25 61:13 64:14,
15, 17 70:2 92:3, 7
98:17 112:22
115:10, 25 121:1
135:25 136:23
137:11, 17 138:3
139:12 144:17
163:11, 25 164:5, 8,
10 179:13, 13
dimension 38:13
diminish 185:18
diminishing 153:17
dinners 81:10
direct 54:8
direction 65:23
81:22 82:13 174:4
200:1 201:8 202:9
directions 21:1
directly 20:6
30:24 86:21 87:18
98:9 99:2 146:13
dirt 37:6
disagree 52:3, 7
192:24
discretion 81:21
discs 19:14
discuss 62:9
109:20, 22 143:2
178:5
discussed 67:23
91:25 99:14 102:5
105:8
discussing 112:8
discussion 27:3
40:5 111:19
164:17 171:16
174:15 175:15
177:23 180:24
181:10 182:9
192:14
discussions 16:6
169:2 181:11
dismiss 142:25
174:25
DISPOSAL 1:1
148:3 166:22
168:9 173:3 200:5
dispose 89:6
disposed 169:21
DISTRICT 1:1
80:13
ditches 75:17
diverted 152:11
159:13, 17
Division 5:8, 10, 12,
13 33:16 61:10
98:8 130:20 139:9
147:2,21 149:24
169:5
Divisions 147:5
Division's 152:15
DOCKET 1:1 3:2
document 8:23
61:2 135:16
143:19 145:13, 19
documentation
85:13 87:12
documented 160:5
161:20, 23
documenting
182:11
documents 11:15
33:18, 19 122:8
124:4 127:7 135:7
143:11, 12, 17
doing 5:16 25:6
27:19 32:22 38:14
55:22 66:5 67:24
145:24 155:9
156:11 160:23
161:15, 17 182:8,
15 188:24
dollars 113:8
door 42:8, 9, 10, 10
doors 42:11
dosing 34:18, 20
40:1 47:9 93:4
dots 20:25 27:12
106:19
double 36:17
43:20 79:15
doubling 34:12
DPS 13:8 28:10
35:1, 8, 19 36:14
37:23 39:4, 6 43:6
67:10 92:21 93:4
94:16 99:24
100:12
dragging 150:14
drain 152:7
158:22, 24 159:1, 8
draining 67:16
158:22
draw 39:6
drawing 110:6
drive 42:9 83:11
154:19 165:10, 11,
11, 13 179:10
driven 67:9
driving 42:12 83:9
183:4
drop 67:10
drop-off 57:14
dual 8:21, 22
duct 42:23
due 34:23 35:9, 11,
13 40:13 47:8
81:24 167:15
202:11
dump 125:11
dumped 38:5
41:25 124:22
duped 176:14
duplicate 136:18
duplicating 202:12
duration 155:1
dust 88:20 91:14
168:23 169:22
173:10
<E>
earlier 85:15
88:11 89:3 93:11
99:14 100:15
102:5 128:4 131:5
136:4 150:25
158:16 160:17
196:15 199:16
early 45:3, 16
earning 187:25
easier 162:14
179:15
easy 84:6
eat 114:13
eating 37:19
Eaton 65:17
echo 194:1
economic 114:23
EDF 65:21, 25
66:2, 10, 13, 18, 23
69:6, 14 70:1
86:1, 9, 11 92:18
93:2, 24 94:6, 23
96:7 99:1, 17, 19
101:21 143:5
153:25 154:7, 9
157:7 161:11
EDF's 158:1
EDOP 11:9 12:23
16:24, 25 107:8
118:6, 15, 22, 24, 25
120:2, 15 121:3
122:4 124:11
126:2, 15 129:3
131:14, 14, 17
133:6, 11 134:3
135:5 141:8, 8, 13
142:18 145:7
146:1, 10, 12, 14
147:7 167:16
168:1, 9 172:15, 24
EDOPs 118:4, 22
124:1 125:8
130:15 142:19
200:3
educated 179:16
effect 63:20 129:2,
9 131:1 138:9
effecting 64:3
effectively 4:25
5:19
effectiveness 48:6
effects 45:5
efficiency 114:8
efficient 50:25
effort 116:11
150:15, 21 153:8,
21 157:19, 19, 24
Agren Blando Court Reporting & Video, Inc. 11
efforts 27:2
102:11 157:8
160:14 177:7, 8
EH 23:22
eight 40:8
either 9:14 25:3
33:7 42:24 43:4
52:6 132:1 163:9,
12 175:13 177:25
189:22
elected 83:25
electronic 33:17
202:5
elements 177:21
eliminate 157:15
eliminating 193:14
else's 197:22
email 15:13 23:23
30:15, 16, 16 31:8
66:14, 15 72:19
85:2, 6, 8 165:5, 9
emails 73:18
emanates 58:13
emanating 57:23
embarrassed 81:8
emergency 90:6
eminent 17:4
emission 146:5
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Agren Blando Court Reporting & Video, Inc.
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Agren Blando Court Reporting & Video, Inc.
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Agren Blando Court Reporting & Video, Inc.
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Agren Blando Court Reporting & Video, Inc.
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192:17
hopefully 59:3, 19
181:6 201:7
horrible 28:11
156:5 165:5, 14, 16,
21 183:5
horses 81:3
hose 94:21 99:10
host 29:14
hostage 81:14
hot 81:20
hotline 30:12, 18
hour 29:24 63:9
120:9 136:19
143:9
hours 63:12 80:19
81:18 82:24 84:20
142:22 167:15
house 70:22 71:19
74:11, 16, 18 80:10
81:15
HOYLAND 68:21,
22 72:2
huge 37:1 113:6
hundreds 84:20
husband 68:22
69:18 71:21 75:22
80:24 82:24
husband's 80:9
hydrogen 41:4
hypothetical 158:10
<I>
Id 110:10
idea 35:21 36:10,
15 42:8 44:7
45:17 47:25 48:20
153:20 155:20
157:6
ideas 39:14
identical 11:7
identified 14:10
96:6 99:1
identify 14:9
115:16 149:16
immediate 16:19
45:21, 21 112:14,
15
immediately 38:24
47:23 87:24
impact 37:1 59:22
114:23 138:8
180:2, 4 181:14, 14
impacted 160:13
impactful 86:1
impacts 160:8
impede 38:17
impedes 38:11
implement 33:5
144:7
implemented
180:16
important 3:21
69:20 91:17 95:2
120:19
impose 9:10 10:5
imposing 10:3
impression 16:12
152:21
improve 26:22
43:18 45:6 66:4
104:13, 16 112:12
154:10, 10
improvement 44:18
45:21 47:23
156:25 196:3
improving 36:11
45:11
inception 66:3
include 16:3 94:13
117:17 140:10
168:6 170:15
171:11 191:9
included 17:21
60:19 101:17
104:16 199:14, 20
includes 90:6
117:23 118:3
INCLUDING 1:1
122:5 125:25
143:12 173:6
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99:4 100:2
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incorporate 171:6
incorporating 39:9
increase 48:24
50:11, 16, 21 56:18
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indicate 8:15, 17
96:1
indicated 10:4
16:11
indicates 16:24
indicating 4:19
indication 32:10
95:2 99:15
indicative 156:18
indicator 157:5
indiscernible 11:16
18:13 25:22 34:22
41:13 44:22 45:13
54:8, 20 56:11, 14
62:6 69:20 72:4
122:1 146:22
148:9 149:13
151:3 153:19
159:4 180:19
189:19 192:3
194:7, 23 197:20
198:24
individual 86:6
196:12
individuals 163:15
indoor 100:16
indoors 58:20 99:5
indulgence 96:13
97:11
in -dump 58:6, 21
industrial 138:4
industries 64:14
65:8
industry 46:25
47:1 70:25 114:11
inform 32:9
information 6:14
15:2 16:22 17:21,
22 19:7 23:22
24:4 48:15 76:9,
14 80:2 85:17
90:7, 7 105:2
111:24 125:3, 15
133:7 137:13
142:12, 15, 18
173:7
informed 32:15
in-house 158:23
initial 34:4, 6 39:8,
13 47:21 124:7
initially 4:2 22:1
24:20
inoculation 44:24,
25 45:25
inoculations 44:21
input 105:18, 21
inside 29:5 58:22
59:10, 12, 16 114:2
152:8 154:12
178:16
insight 57:21
inspect 125:14
inspection 9:8
133:20 134:4, 7, 18
inspections 133:13
install 50:20
112:15
installed 47:8
154:13, 17 161:14
169:8
installing 48:17
instance 30:11
125:5 127:12
insufficient 102:7
intake 50:4 52:17,
20 183:2, 3, 18
188:17
intellectual 155:10
intelligent 117:12
intelligently 119:23
intense 32:22
33:12 35:18
intensity 33:2
156:18
intent 128:9
interested 16:17
interesting 76:6, 16
77:3 89:10, 16
92:14 93:9 100:8
102:5
internal 16:5
internally 43:13
interpretation
126:11 130:10
interpreting 110:13
141:16
interrupt 72:7
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interrupts 81:9
introduced 43:19
66:1 73:11
Agren Blando Court Reporting & Video, Inc.
16
introduction
142:10, 12
invested 113:5, 7
investigate 87:23
93:25
investigation 5:14
investing 113:7
invited 67:22
involved 16:25
17:12 37:3 102:2
117:6 165:2
194:14
involves 197:24
iron 41:13 46:19
47:11, 11 48:7
irrelevant 92:4, 7
issue 3:25 6:8, 12,
16, 16, 19, 20 7:14
13:14 14:10 38:13
71:4 92:3, 23 93:7
98:10, 23 102:12
124:25 127:6
138:25 139:21
193:9
issued 4:2, 11 5:8
8:20, 21 13:5
18:17, 23, 24 61:9
98:7 115:11
130:19 132:9, 14,
23 139:8 147:2
issues 90:3 95:9
98:18 111:25
116:9 124:15, 25
125:20 139:5, 22
142:11, 12 160:18
172:6, 8 174:21
177:3
issue's 93:1
item 40:12 133:23
135:1 140:5
items 49:10 98:4
112:3 133:14, 18,
22 143:5
its 45:23 46:4
82:20 103:19
143:21 155:21
<J>
James 31:24, 25
32:19 66:17 84:17
143:16 145:1
January 39:1 40:9
132:10, 21, 22
140:1
Jason 26:16 67:23
116:21 143:7
158:5 177:15
Jason's 178:19
Jay 43:19
Jean 67:21
job 84:5 150:19
Jones 66:19
JUANICORENA
2:10 64:23, 25
65:3 196:25
198:10, 12, 14, 16,
18 200:19, 21, 23,
25 201:2
judging 103:16
judgment 196:13
jugs 89:2, 4
JULIE 2:1 198:10
200:19
July 106:21
148:23, 24 149:4, 5
jump 70:16
jumped 168:13
jumps 169:13
June 34:25 35:11,
13 39:25 57:18
68:1 133:20 134:4,
13,17,21 150:11
jurisdiction 8:23
170:25
Justice 31:10
82:17, 21
justify 176:18
<K>
Kathy 68:21
keep 29:23 65:1
99:22 149:22
167:9 183:14
189:6 190:7 192:2
keeping 140:11
189:13
Ken 68:22
kept 100:6
kick 117:3
kids 75:4, 5, 8
80:18
kill 44:7
kind 3:15 7:3, 4
9:13 16:3 31:6
32:6 35:5 37:6
40:20 44:21 46:1
65:9 72:7 91:14
101:1, 15 108:12
120:8 122:13
126:17, 18 128:17
143:22 163:5
165:23 174:20
176:10 180:2
182:19 197:17
kinds 42:1 43:21
46:19 47:12
128:14 163:2
KIRKMEYER 2:1
9:4, 17, 20, 24 10:2,
8,13 11:1, 8, 12, 17
12:4 13:2 15:9, 14
21:10, 11, 19, 25
22:6, 9, 12 26:1
45:14, 15, 24 46:5
49:6, 7, 13, 20, 25
50:2 51:3, 4, 8, 13,
19, 23 52:2, 10, 13,
16, 22 53:2, 10, 18
60:11, 14, 24 61:1,
17 62:5 79:19
84:8, 11, 14, 23
85:2, 5, 10 87:13,
15 95:23, 25 96:8,
12, 19, 23 97:3, 5, 9,
13, 18, 21, 24 105:4,
15 106:5 109:25
110:8, 12 111:11
114:14 115:1, 4, 14,
16, 20 116:3 119:3
120:3, 5, 18, 25
121:8, 19, 22, 25
123:21, 25 132:12,
18, 21, 25 133:4, 24
134:6, 9, 16, 19, 24
135:4, 9, 14 136:13,
20 137:7, 9, 15, 20
138:18, 21 146:11,
24, 25 147:9 148:1,
11,17,20 150:8
151:8, 13, 17, 22
152:1,18,24
158:15 164:18, 23,
25 165:1 171:17
172:12, 17 173:22
174:14, 23 175:9,
14, 17, 21 182:21,
22 185:13 186:1
187:11, 16, 18, 21,
24 188:2, 5 189:6,
16, 25 190:6, 10, 13
192:16, 20 193:1,
17 194:3 195:14
197:6 198:12, 13,
22, 24 199:2, 5
200:9, 21, 22
Kirkmeyer'S 12:18
14:1 25:17 93:10
111:2 192:25
knew 93:6, 24
94:3, 4
know 6:10, 17 7:5
11:15, 18 12:5, 8,
14, 22 14:19, 20
18:10 19:6 25:7,
20, 23 26:5 29:7
31:4 32:5, 7, 16
36:24 37:18 38:15
41:24 43:15 45:17
48:7, 22, 24 49:9
51:1, 5, 7, 11, 17
54:3 55:1 56:13,
17 59:6 60:17, 20
62:3 63:19 64:3
67:7 68:12 70:22
71:10, 14 72:6
76:19, 20, 25 77:2,
4, 5, 5, 6, 8, 10, 22
78:10 82:13 83:19
89:18 103:16
107:7, 13, 13
118:16 119:5, 24
121:14 122:4, 18,
19, 24, 25 125:6
127:5, 19, 20 131:8
133:7 134:9, 10
141:12 147:6, 25
148:10, 13, 15, 20
149:3, 7 152:5
154:19 155:3, 11
156:9 157:14
158:11, 16 159:14,
14, 15, 18, 18, 23
160:1, 4, 10, 11, 14,
21, 25 161:6, 8, 10,
19, 21 162:9, 10, 12,
13, 14, 15, 18, 19, 22,
24, 24 163:1, 3, 6, 9,
11 164:7 165:10,
14,15,15,21
166:11, 14, 15
169:11 173:14,20
175:21 177:2, 8
178:11, 24 179:17,
19, 25 180:2, 7, 19
181:1, 11, 16, 25
182:8, 9, 19, 24
183:5, 12, 23
184:11 185:10, 12,
20 186:23, 25
187:1 188:23, 24
189:5, 9, 10, 11
193:7, 18, 21
194:12, 17, 20
195:9, 13, 23, 24
197:7, 16 201:6
known 64:21 65:7
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knows 83:14
194:17
Kreitzer 16:9, 23
<L>
lack 108:12
Agren Blando Court Reporting & Video, Inc.
17
lagoon 43:20
44:15, 23 66:6
75:17 159:3, 9, 11
lagoons 44:1, 4, 19
45:4, 7, 8, 11, 19
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laid 105:5
land 3:23 69:6
80:16 82:8, 18
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185:14
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197:23
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159:18
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lap 196:10
large 63:16 80:25
127:7 138:7
195:15
largest 73:6 94:8
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85:12 87:19, 23
95:4
laughingstock
65:10
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lawyer 69:14
layer 44:9
layman's 40:20
41:6
layout 130:11
lead 155:14
learn 47:25 48:9
50:9 163:22
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learning 163:10, 11
leave 76:15 174:2
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led 86:21
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legal 161:11
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letter 3:17, 18
4:18, 22 13:4, 5, 12
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69:7, 11, 15 101:4,
4, 19 119:14, 16
letters 140:6
letting 80:5
level 12:22 22:4
61:13 64:14, 15, 18
71:11 98:17
101:16 137:2, 3, 8,
11, 18, 24 138:4, 10,
11 139:12 177:25
178:1
levels 45:18
113:17 136:23
160:4
license 4:1 174:7
life 65:21 66:22,
25 71:13, 18
166:16, 16
lifestyle 81:6
light 55:22 133:14
limit 27:18 62:10
102:14 112:16
144:23 183:10, 11
190:1, 2 191:9, 10
limitation 49:16
200:13
limitations 50:13
52:8 200:13
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8 52:20 56:6 86:5
102:21 183:2
limiting 102:22
limits 33:24, 25
34:1 188:16
line 7:10 17:13
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120:6 124:5 178:3
179:17
linear 180:7
lines 17:18 67:10
89:3 124:3
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liquid 92:12, 12, 17
93:18 96:6 99:3
list 103:21 168:4
listed 11:14
117:21 140:11
173:22 190:8
listen 160:12
listings 122:14, 17
literate 75:25 76:4
little 7:4 26:18
27:5 28:6 36:13
38:18 40:20 41:7
42:19 46:3 49:8
60:2, 9 68:25 74:9
75:7 84:19 87:4
89:4 92:11 95:5
97:20 125:13
128:6 146:17
162:14 163:14, 16,
16 177:4 179:15
188:6 197:16
live 62:18 65:16
67:5 68:22 71:12
72:13 74:1, 4
75:23 77:7 80:6
81:7 84:18 153:11
160:7 182:23
183:8 201:9
lived 71:23 73:9
75:3
lives 71:24, 25
72:12 76:23 82:23
84:3 153:10 201:7
livestock 18:15
living 71:22
153:11 165:24
LLC 1:1
load 50:21 54:8
loader 58:9
loading 48:25
127:12 155:13
local 3:23 30:18
87:8
located 20:21
173:2
location 79:3 82:3
locations 19:13, 16
20:22
log 151:16
logical 51:19, 22
long 43:15 45:18,
22 64:21 65:7
75:3 112:17
114:12, 13 143:12,
18 148:21 149:7
155:1 167:16
172:3 183:24
197:9
longer 69:11
81:20 89:14
look 63:19 80:11
94:17 95:10 96:5
99:19, 24 101:2
102:6 103:17
121:17 126:13, 16
128:24 129:7
130:25 133:17
135:2 136:13
139:24 148:12
156:10, 12 157:21
167:16 175:4
179:8 180:7
182:18 194:15
200:2
looked 52:22
75:16 128:6, 13, 14
looking 3:16 32:1
34:7 43:18 46:17
60:18 69:15 82:21
107:12 114:17
115:2 119:9 122:6,
7 127:20 128:5
139:1,21 146:8
166:5 175:6
looks 19:24 20:1,
2, 5 22:21 28:6
122:23 128:5
188:3
lost 65:24 153:9
lot 19:24 20:5
33:21 45:5 54:25
62:24 68:6, 6
69:17 73:7 75:4
87:17 90:2 116:23,
24 143:15, 15
144:2 150:14
153:20 155:16
157:11 164:9
173:20 177:2
179:14 181:2
190:9 193:4 196:8
197:8, 9
lots 54:24
love 73:23 75:6
83:21 103:15
lower 50:25
lunch 121:15
123:11
< M >
ma'am 52:12
187:20
macerated 38:7
machine 59:10, 11
159:7
Macy's 80:13
mail 33:19
main 128:12
maintain 27:9
42:21 46:2 140:12
maintained 27:14
maintaining 33:4
146:4, 8
maintenance
140:10, 25 141:13,
19 146:3, 7
major 92:9 96:7
making 6:5 36:8
38:16 43:16 64:5
83:4 96:23 113:2
144:24 145:12
155:13 161:25
166:5 170:14
179:19
MALE 23:1 84:25
85:4, 8 111:4
115:3
manage 78:14
management 36:7
95:11, 12 99:4, 21
100:1, 9 102:1, 6,
10, 13 131:16
Agren Blando Court Reporting & Video, Inc.
18
Manager 26:16
67:14
mandatory 140:14
manipulation 185:5
manner 169:21
manure 28:2, 3, 4,
12, 19 53:23 54:2,
4, 6, 13, 13, 23, 23
55:3, 7, 7, 8, 10, 11,
15 56:10, 12, 15, 19
74:21 77:18 94:20
96:6 99:3, 6, 12, 20
159:13, 15 186:6,
15 187:3, 7, 8, 12,
19
manure's 94:24
188:6
map 19:16 72:9,
10, 15 75:24 76:2
79:2, 3, 4 122:9
135:15
March 7:20 17:14
34:17, 23 39:3, 18,
21 40:11, 13 47:8
48:7, 16 50:20
156:2 158:14
184:22
marijuana 64:16
Mark 67:21
marketing 76:17
married 81:23
mass 56:24
massive 135:7
material 13:18
18:15 28:10, 13, 14
29:4 35:4 38:3
40:25 43:25 44:16
48:8 49:16, 18, 22
50:4 52:17, 19
53:12,13,16,21,24
54:7, 9, 10, 23 55:6,
14, 16, 19, 20 56:1,
2,4,5,8,21 57:16
58:18, 19, 25 59:11,
14, 20 60:1 102:14,
15 152:8, 10 159:2
183:3 186:4, 23
187:2, 9, 19 188:17
190:2 191:10
materials 27:16, 18
28:16 29:4 41:25
44:7 48:1 50:16
53:14 54:11 55:25
56:13, 14 57:2
90:7 100:17 110:2
113:19 155:14
159:16 161:13
169:19 170:18
183:18
matrix 24:18
matter 17:4 28:5
82:13 143:1 150:4
202:7
matters 170:9
mean 23:21 27:19
28:12 47:22 49:11
64:8 67:23 69:12
118:11 122:16
123:1 127:10
130:20 146:13
148:12, 14 149:22
150:14 151:2
152:5 153:2
157:16 160:2
162:12 163:20
166:6, 17 172:5
178:13 182:21
184:7 188:22,24
189:1 197:18
meaning 126:25
means 6:23 42:12
101:24 122:18
135:20 136:17
147:18 148:15
152:11 158:23
189:1
meant 135:19
measure 162:12, 23
180:3
measured 36:1
162:6, 7 164:3
measurement
24:18 36:4 162:4
163:13
measurements
156:13
measures 90:23
measuring 164:4, 5
meat 54:9 80:25
meet 6:4 21:12,
20 24:25 26:20
33:24 50:11 55:9,
17 57:5 90:12
116:11, 12 152:14,
19 153:8 166:9
MEETING 1:1 5:22
17:15 21:21 29:23,
23 30:3, 6 36:9
50:12 53:7 60:15
61:18 63:6 66:11,
11, 12, 15 67:20
69:6, 10, 13 76:6,
15 82:5 87:22
88:24 91:15
102:17, 18 113:20
143:12 145:6
155:9 166:5 179:5
192:5 199:23
201:11
meetings 29:15, 18
30:3, 6 31:18
62:21 69:18, 23, 25
70:9, 13 83:3
93:23 190:3
191:12, 16 200:14
members 30:4
mention 92:9
100:25 172:10
mentioned 39:16
87:3, 13, 20 88:11
93:24 119:22
143:11, 18 145:6
158:5 169:15
message 183:14
met 22:1 112:21
193:20
metals 59:13
methane 41:5, 6
159:6, 11
methods 9:11
30:11
mice 68:14
microbes 43:24
microbiological
43:23
microbiology 44:1
mid 181:2
MIKE 2:1 75:23
198:18 201:2
mild 184:9
mile 20:2, 21, 25
21:2 62:19
mile -and -a -half
77:7
miles 74:2
milestones 5:21
6:3, 6
milk 89:1, 1, 4, 5, 5
million 91:4, 6
107:7 113:5
millions 113:8
mimicking 156:7
mind 84:9 92:16
96:5 105:1 153:15
167:24 183:1
mine 163:17, 21
190:14 192:18
minimal 181:8
minimize 91:21
minimizing 179:2
MINOR 1:1 3:4
108:23 109:10
110:21 119:8
128:6, 11, 22, 25
130:4, 8
minute 97:8
minutes 21:13, 13,
14, 22, 22 22:14
24:22 36:2, 3
62:10 64:23 68:24
69:22, 25 70:14
95:4 110:9 128:4
136:19 143:12
186:1
Miranda 72:17
missed 111:9
missing 55:13
misted 43:24
misting 112:15
149:11
misunderstood
136:3 137:23, 25
mitigate 94:15
mitigated 93:1
114:3
mitigation 46:6
49:10 50:6 51:14
92:22 102:11
mitigations 149:20
mix 44:3 48:8
54:14 56:19
modification 4:16
10:23 166:7
175:22
modifications
130:5, 9
modified 8:19
12:20, 22 126:3, 15
modify 4:19
moments 22:11
MONDAY 1:1 155:8
money 113:6
monitoring 27:3
32:21, 25 33:6
35:14, 16, 18
112:23 163:24
182:4, 6, 16
monitorings 33:12
month 74:20
184:14, 20
monthly 36:6, 8
months 45:22
55:25 144:1 158:3
175:25 177:1, 3
month -to -month
133:23
Moran's 72:16
MORENO 2:1
28:21, 24 29:6, 9,
12 116:19, 20
158:4, 5 178:9, 10
179:18 184:3, 6
185:7 190:18
196:14 197:2, 7
Agren Bland() Court Reporting & Video, Inc.
19
198:14, 15 200:23,
24
morning 3:7 26:15
31:15 33:7 65:15
68:21 69:2
Morris 75:22, 22
78:3, 23 79:2, 8, 11,
17, 24
mother 80:11
motion 168:5
170:9, 14 171:6, 11,
14, 19 173:24
174:2, 6, 11 175:10,
15, 17, 18 189:17,
17, 20, 22 191:9, 13
201:4
motions 174:17, 20
175:7
move 23:4 42:17,
20 55:24 70:23
86:11 95:1 102:15
178:21 181:10, 21
191:8 194:10
moved 71:16 75:2,
6, 7 154:12
moves 181:5
moving 42:18
150:19 196:7
201:8
MSA's 161:10
multiple 85:23
100:4, 7 103:3
113:14, 17
MUSR 1:1 3:5
85:24 103:9
< N >
name 4:8, 13 5:4
11:24 14:5 15:24
16:13 17:6 26:16
62:11, 17 63:25
65:15 67:4 68:21
72:22 90:6
named 16:14
names 151:16
name's 84:17
Nancy 62:17 67:21
nasal 19:5 31:23,
23, 25 32:12, 17, 20
66:17 70:3, 8
145:1 156:14
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24, 24, 25, 25 130:1
131:9 133:16, 19
166:15 167:7
168:16 195:10
199:18
publicly 6:15
puke 178:14
pull 13:3 106:2
pumped 94:21
purchase 39:21
purchased 31:22
purge 159:5
purpose 171:24
pursuant 9:7
pursue 37:2 113:2
pursuit 153:11
purview 133:16
pushed 38:6, 6
put 11:23 26:21
30:14 31:1 32:24
33:19 34:22 36:19
40:25 54:5 62:24
64:9 70:13 72:22
75:18 76:2 79:3
80:9 87:24 94:11
103:7 104:11
108:4 111:19
112:4 150:22
151:7 153:20
157:9 158:12
176:15 177:2
179:1,21 180:22
195:21 197:8
200:11
putrid 165:16
puts 160:9
putting 42:1
59:19 150:14
157:2 178:22
183:15 189:2
193:3 194:5 197:9
puzzled 116:21
<Q>
quality 5:11, 13, 23
6:1, 12, 16,20 7:14
8:4, 10 17:20
61:8, 11 66:5, 25
71:12, 17 85:23
86:13 88:10 98:6,
15 115:11, 24
117:24 118:11
121:2 130:18, 24
131:10, 15, 21
132:4, 8 139:7, 25
147:5 148:2 169:3,
16
quantities 25:24
quarter 27:21
28:19 58:17 187:6
question 7:21
11:5 12:18, 19
13:1 14:1,21,24
19:24 24:15 25:17,
21 41:21 45:16
55:4 57:9 58:1
60:11 61:2, 25
62:6 78:18 79:18,
20 88:24 93:11
96:20 103:20
104:1, 15, 15
105:24 110:18, 24
111:2, 7 114:1
116:22 117:5, 6, 7,
12 118:6, 20 120:1
126:5 129:5, 10
131:24 133:4, 24
135:14 136:4, 21
138:19 140:18
144:8 145:23
148:7, 8 158:16
159:23 160:16
170:17 171:19
173:25 174:1, 22
184:4 185:16
187:4 188:19
189:13
questioning 120:6
175:3
questions 7:7 9:3
15:8, 15 17:10, 24
21:9 22:25 25:14
49:4 60:5, 9 84:22
85:15 87:18 97:16
120:9, 14 121:6, 10,
16 123:21,24
138:16 143:7
159:21 164:17, 19,
20 172:20, 22
173:4
quick 13:23 19:23
24:15 28:21 45:15
104:1
quickly 8:18 65:4
96:15 139:6
150:19, 23 153:6
155:25 195:24
quietly 83:15
quite 53:23, 24
85:16 88:17 89:13,
25 163:9 176:13
177:15 179:10
186:15 194:21
Quote 93:15 95:13
103:15
<R>
Rademacher 90:20
raised 124:16
raising 80:25
Raison 202:5, 22
Ralph 69:14
ran 73:8
Randel 202:5, 22
range 83:11
ranger 19:5 31:23,
25 32:12, 18, 20
70:3, 8 145:2
156:14 163:12, 20
rangers 31:23
66:17 162:1 163:8
rapid 36:23 149:18
rat 68:14
rate 27:18, 19
48:25 61:7 189:7
rats 68:13, 15
raw 27:13 52:20
reach 66:8
reached 66:3
reaching 83:4
196:12
read 20:3 32:8
70:3, 5, 6, 8 84:11,
12 87:16 92:15
96:13, 14 106:13
110:10 112:13
122:13 139:3
165:9 168:14
187:12 190:20
readily 185:6
reading 35:22
96:14 128:4
136:18 170:19
readings 32:4, 7,
10,16,17 33:10
66:19, 21 122:10
135:16 136:15
154:25 155:1
reads 146:7
ready 26:3 80:9
real 28:21 139:5
realize 63:24
realized 87:16
150:12
really 6:9 28:11,
14 31:1 37:1, 13
40:25 41:3 45:5
57:22 62:10 63:5,
18, 25 69:3 70:15
73:3 74:3 76:13
88:23 92:11
124:14 129:12
130:9 139:21
141:23 150:18
154:23 155:7
156:22 158:12
159:10, 22 160:7
161:21 163:6
174:20 175:5
176:12 177:5
178:11, 13 181:4
188:4 189:2, 5
198:3
reason 66:12
100:15 136:11
139:18 144:15
170:11
reasonable 117:11
150:1
recaptains 47:12
Agren Blando Court Reporting & Video, Inc.
24
receipt 27:21
49:16, 19, 22 55:12
56:1 187:7, 8
receipts 28:3, 4
187:2
receive 3:17 6:10
55:10 56:5 63:22
received 3:17
19:4, 14 28:10, 17
29:4, 11 31:7
53:16 91:7 101:19
133:17 151:9, 12
152:10 165:4
173:8 190:2
191:10
receives 18:15
receiving 55:23
reception 81:24
recess 120:10
121:14 123:6, 14
recession 114:12,
18 154:4
recital 115:6
recognize 3:21
43:14
recognized 46:13
112:7
reconvene 123:17
record 11:24 24:2
62:14 72:23
105:13 111:19
112:4 123:15, 18
124:4 140:11
147:10 167:4
168:4, 14 178:4
188:15, 17 199:6
recorded 30:21
108:16 109:21
110:18 111:14
recording 202:8, 12
RECYCLING 1:1
red 19:14, 14
20:13
redacted 151:16
redesigned 109:3
reduce 44:14, 15
56:18 57:24 66:6
189:9, 10 193:12
reduced 128:15
189:10
reducing 57:12
59:3 178:1
reduction 28:16
45:19 95:15
reductions 48:24
refer 34:10
reference 126:6
referenced 124:11
125:22 146:20
referred 125:21
referring 20:9
refers 118:12, 24,
25
reflect 69:22
123:18
reflecting 83:12
reflection 5:4
refuse 59:13
regain 65:21
166:16
regard 3:15 6:3,
19 8:25 9:6 12:13
114:16, 22 120:22
124:15, 17, 18, 20
135:15 137:10, 17
142:10, 23 167:20
171:7, 8 173:3
199:22
regarded 3:19
regarding 3:10
6:16 13:6 172:14
regards 89:9
102:11 111:21
124:17
registered 78:16
91:23
regs 46:21
regular 182:6
regulated 164:6
regulates 88:15
regulation 9:12
19:20 33:1, 25
35:23, 25 61:8, 11
98:6 121:1 130:19
131:21 139:7, 11
143:25 169:17
regulations 88:3
89:21 90:9 91:18
98:16 115:24
132:5 148:2, 6
169:3, 25
regulatory 33:24
rehash 91:12
relate 98:10 102:8
related 4:7 53:11
99:2 101:1 131:15,
15 148:9 195:25
relates 107:8
138:25 168:8
relationship 120:23
release 74:9
released 177:10
releasing 74:13
relevant 76:9, 15
116:2
remaining 47:15
55:16 56:7 98:22
remains 53:4
remedies 181:22
remember 35:2
106:24 110:6
186:10
remembers 198:8
removal 169:7, 9
remove 34:19
47:2 93:17 99:17
101:8
removed 94:6
100:21 103:1, 4, 8
104:18 127:9
removes 47:11, 14
removing 102:2
Rena 72:24
RENEWABLE 1:1
4:4 5:5 11:9
101:22
Renewal 10:14
renotify 108:14
repeat 22:3
replace 127:6
replaces 41:9
127:3
report 36:6 66:14
reported 30:21
31:2 66:19, 20
79:6, 12 135:23
reporting 30:20, 22
79:13 147:16
156:24 161:20
reports 31:7, 8
33:9
represent 72:16
82:17
REPRESENTATIVE
2:13, 13, 13 39:11
69:9, 10
representing 19:18
136:15
represents 40:12
55:7,8,11,15
58:17 59:25 82:16
request 28:1
31:22 32:14
114:22 142:18
145:10
requested 29:21
30:6 32:8
requests 116:13
required 27:18
33:24 37:24 41:2
47:17 118:16
135:5, 22 136:18
146:2 147:4, 7, 22
148:3 182:7
requirement 35:24
99:21 125:7
169:19 200:14
requirements
26:20, 24, 24 27:8
33:22, 22 35:15
36:5, 10 42:21
53:7 57:5 85:23
87:9 88:24 90:12
112:21 116:12, 13
140:4, 13 146:10,
16 147:16, 23
149:17 152:14, 15
161:7, 9 186:22
requires 36:6
113:3 120:15
121:3 166:25
167:1 168:11
169:2, 24 170:1
research 79:25
84:20 87:11 104:6
117:9
researching 82:24
83:4
reside 83:22
resided 80:7
residence 73:16
resident 67:6
80:12
residential 137:8
138:9
residents 84:2
residing 80:21
Resolution 26:23,
25 27:8, 17 29:13
53:7 60:20 61:21
180:23 189:24
190:5, 21, 23, 25
192:2 193:24
200:17
resolve 193:9
Resolving 116:9
respect 143:15
195:13 196:16
respectful 97:14
Respectively 39:12
responded 4:12
Respondent 15:20
18:3 26:3 105:22
111:16 142:3
172:8, 21 173:1, 5
199:19
Respondents 15:20,
25 111:17 142:6, 9
responds 65:22
response 15:17
17:25 21:1 31:6
60:6 67:15 105:19,
22 120:1 123:4
Agren Blando Court Reporting & Video, Inc.
25
responsible 65:8
83:13 139:15
rest 37:10 144:3
159:6 176:21
177:24 178:6
restrictions 189:14
result 19:19
resulted 94:8
103:10
results 33:11
retest 21:14
return 66:22
returned 4:18
31:25
REVIEW 1:1 3:5
48:2 95:18 108:17
111:23 120:11, 13
121:5 143:19
146:21 170:21
reviewed 16:25
39:13 71:9 128:10
137:3 170:24
171:2
reviewing 60:14
107:11
revised 140:9
revocation 3:3
87:2 103:23
114:23 139:18
157:12 170:20
revoke 9:16, 18, 21,
25 167:11 174:25
175:10
revoked 71:8
193:7, 22
revoking 176:16
rid 152:8
ride 81:3
Right 8:8 10:1
18:8 23:8, 9 24:6
25:10 26:13 28:18
31:14 35:23 36:18
39:17 40:25 41:8
43:13 44:16 46:7,
14 48:6, 8 49:14
50:7, 23 52:8
54:6, 7, 21 55:16,
23 56:25 57:25
58:4, 6, 12, 20
59:12, 15 68:7
72:12, 21 73:5, 8
75:19 77:16 82:20
84:6 97:22 108:5
109:18 114:13
116:25 117:8
118:1, 5 120:17,24
123:13 127:1, 16
130:12 132:8
134:14 137:13, 15
147:7 149:8 154:6,
20, 24 155:12, 18,
20, 21 156:6, 7, 9,
15,21 157:1, 11, 20
158:1, 19 160:21
161:3, 24 162:4, 4
163:9, 15 176:12
180:15, 20 183:17
184:5 185:1, 20
186:14,22 187:18
188:2 194:13
196:18 197:12, 14
198:8 200:9
rights 83:24 86:6
Road 20:3 62:18
65:16 67:5, 9
68:23 72:25 73:17
75:23 80:8 84:18
162:18, 19
robbed 83:2, 6, 7
robbing 81:11
roll 195:7 198:7
200:18
room 76:25 77:3
145:9
round -topped 34:12
route 121:10
rules 88:3 115:24
126:7 136:24
137:10 198:25
run 44:2 50:24, 25
55:5 92:2 114:5,
6, 7
running 42:13
71:5 75:16 101:6
rush 96:24 97:6,
15, 19, 22
Russ 31:10, 17
<S>
safe 42:21
safety 42:14
90:13 155:12
sake 87:4 88:17
salinity 75:15
salt 75:14
sat 67:22 77:16
149:17
satisfaction 22:4
satisfied 21:18
87:12
Saturday 165:7
saw 47:23 85:5
88:23 163:23
172:12, 15 173:7,8
saying 4:12, 22
5:1 13:13 14:4, 6
21:12 41:23 45:16
50:3 68:7 70:1
89:19 98:20 112:7
118:14 120:22
125:18 132:13
140:8, 20 141:11
170:11 171:25
175:9 178:20
180:5 188:7, 15
189:3, 18 191:16
says 35:25 36:3
61:14 68:3 79:12
88:6 92:17 98:19
101:12, 20 103:16
113:17 115:23, 24
116:1 119:5
127:12 128:25
129:1 130:17
136:14 140:6, 14,
21, 23 146:14, 25
148:4 150:17
162:8 189:24
scared 105:16
schedule 31:12, 12
32:6 37:11 38:20
39:1, 18 43:14
57:10 155:22
scheduled 29:16,
16 191:22, 22, 23
screen 19:12
33:13 100:4
screwed 194:21
script 30:19
scrubber 93:16, 16
135:5
scrubbers 152:16
scrubbing 156:2
SEAN 2:1 198:16
200:25
search 85:7
sec 96:9
second 14:25 15:1,
7 23:8 30:7 32:12
34:16 35:10, 19
44:24 45:1, 25
74:8, 10 84:8 88:5
111:25 148:8
171:15 175:2, 3
187:13 191:2, 4, 7,
13 192:10
Secondary 5:7, 11
seconder 190:18, 19
section 92:21
94:18 127:9, 9
170:19
security 90:13, 21,
23
see 4:13 9:13
10:6 15:9 27:14
28:2, 15 29:25
32:2 36:14, 15
38:19 45:18 64:7
66:24 77:3 85:17
86:18, 19 87:1
88:19 89:23 100:4,
18 110:9 121:17
129:8 130:25
140:5 146:19
155:18 175:25
181:13 193:22, 23
198:1, 2
seeing 27:10
105:20 201:5
seen 59:6 85:21,
25 95:19 104:14
173:20
self 31:3
send 4:22 30:15
33:20 56:5 69:8
151:17
sends 151:15
sene 117:5
sense 48:18 57:13
163:5 179:18
sensitive 163:16
sent 13:12 33:17,
20 38:5, 8 41:18
69:8, 15 70:19
183:14
sentence 191:2
separate 7:17
23:12 26:8 43:9
54:17 59:15 62:2,
4 128:21 130:21
131:12 174:17, 20,
21 175:2, 5, 11
separated 54:11
58:3
separately 5:25
separates 59:11
September 3:11
18:11 19:4 27:13
29:17, 19, 20 31:24
49:23 61:18 136:4
143:3, 4 149:3, 5
150:5 173:8, 17
174:5 175:24
177:1 187:8
190:24 193:8
200:12
series 86:20
seriously 97:15
service 47:19, 20
SERVICES 2:13
12:2
set 8:16 31:11
168:5, 5 170:7, 9
171:3, 20 172:1
sets 6:2 7:3
149:23, 24
Agren Blando Court Reporting & Video, Inc. 26
setting 37:15
174:18 199:12
seven 29:21 30:1
144:1 158:2
161:12
shaking 194:18
share 105:2
shared 16:23
105:10
sharing 81:1
Sharon 80:6
she'd 121:22
sheet 28:9
shell 66:19, 20
Shelton 73:6
shocked 76:3
shop 61:7
short 77:24 155:21
shorter 26:18
SHOW 1:1 3:2, 3,
10 6:9 27:16, 24
28:20 29:3, 17, 19,
25 32:22 33:10, 23
49:23 81:8 85:14
90:4 94:2 112:2,
10 122:8 143:6
144:12, 13, 16, 16,
19 145:23 148:23
149:1, 2, 5 150:5
162:3 167:25
168:5 170:7,8,10
171:4, 20 172:1, 4
174:18 175:11
176:17 180:20
186:14 195:1
199:13, 13, 15
200:12
showed 21:20
52:25 76:1
showing 26:5
36:8 53:22 155:19
184:6
shown 85:25
86:24 91:15
100:15
shows 28:18
44:22 94:24
132:10 144:5
shut 74:19 152:23
158:7, 21 159:7
165:20 177:17
178:20 179:23
180:6, 20
shuts 158:20
shutting 152:6
195:12
sic 5:9 24:10
30:17 31:10 32:19
34:2 41:5 45:9
48:10 52:21 57:18
66:20 72:17 75:18
101:20 105:17
106:25 123:12
130:9 134:12
149:17 152:13
159:9 177:21
185:14
sick 68:18 71:22
165:17
side 28:3, 3 34:9
49:19 53:22
196:20 197:10
sign 33:16, 20
90:5, 11
signage 124:17
125:5 133:15
134:25 135:1
signature 33:17
signed 5:20
significant 28:15
84:20 86:21 92:19
103:11 112:22
116:11 196:3
significantly 164:12
similar 5:15 33:11
35:18 45:9 47:7
51:10 99:14
similarly 47:18
simply 180:5, 20
181:1
single 53:5 113:23
152:22
sir 59:24 105:15
158:17 172:17
sis 143:10
sit 70:6 73:14
83:14 96:19
137:13 184:19
185:4, 19
SITE 1:1, 1 3:4
28:22 61:12 67:22
91:4 100:13
102:14, 15 133:13
159:2, 16, 17 163:9
168:25 173:2
sits 37:12 68:11
sitting 5:21 59:7
92:25 159:3
196:17
situation 137:5
138:5 197:17
situations 196:8
six 30:2 40:8
49:10, 10 75:7
91:4, 8, 11 107:5
128:16 144:1
145:2
six-foot 90:14
six -year 165:18
size 34:12 36:17
51:11 63:14
sizes 128:13
skip 68:25
sleep 74:2
slide 19:12 40:17
52:23, 25 53:6
76:7 95:1 96:20
154:16
slides 19:8 98:23
slightly 126:15
slowly 55:25
small 33:14 41:7
46:1 58:5
smell 28:12 74:16,
21 77:1,2,5,8,10
81:9 156:24
162:21 165:5, 23
smelled 179:9
194:4
smells 165:13, 15
smelly 28:14 40:25
smoke 173:9
so-called 176:7
sold 77:15
SOLID 1:1 5:8, 10
38:4 83:13 87:5,
10 89:21 90:9
91:18, 24 131:8, 9
148:3 166:21
168:8 173:3 200:5
solids 44:16, 16
solution 194:12
solutions 86:18
176:1,2,3,7
solve 67:1 104:6, 9
solved 153:14
solving 81:19, 20
somebody 29:24
76:25 77:19 78:17
182:13 197:22
someone's 190:13
someplace 85:6
something's 42:12
soon 8:18
sorry 12:4 18:7, 8,
11 40:16 49:20
60:16 64:24, 25
65:3 76:22 88:2
89:12 94:14 96:8
114:14 121:19
168:13 174:8
189:20 196:23
197:2 198:23
sort 6:6 7:22
95:5 124:23 126:6,
7
sorts 183:23
sounds 12:20
162:15
source 41:17, 23
45:8 46:11 48:13
56:10 58:3 59:14
86:2, 22 94:18
99:25 103:11
147:19, 20
sources 35:21
36:4 93:25 96:7
99:1 104:10 146:5
149:19 164:4
south 20:3, 6
southeast 19:25
southwest 20:7
span 18:14
speak 16:22 65:17
SPEAKER 24:8
84:25 85:4, 8
111:4 115:3, 18, 21
129:21 191:5
192:4, 6
speaks 43:5
111:18 170:22
SPECIAL 1:1 3:5
SPECIFIC 1:1 3:4
93:3 98:23 105:8
120:1 132:11
146:4 170:21
specifically 88:9,
13 89:9 90:20
100:11 101:2
102:12 118:12
121:2 122:25
126:7 127:9 168:8
169:19 173:5
specifics 92:8
speed 87:4 89:13
95:5, 6 106:17
spend 81:18 88:13
90:2 92:11
spent 80:19 82:24
83:3 89:3
spike 57:15
spoken 27:4
sponge 41:13
47:11, 11 48:7
sponges 46:19
spot 133:22
134:16, 17 198:2
spread 75:14
spreading 114:2
spring 89:3
Springs 83:11
square 20:21, 25
21:2
Agren Blando Court Reporting & Video, Inc.
27
SSO 58:16
stack 146:8 169:8
stacks 173:9
staff 10:17 15:8,
16 18:7 19:5
25:15 107:11
120:12 121:11, 16
122:1 123:3, 11, 11,
22 124:24 128:10
138:17 167:18, 21
171:24 172:22
173:6 184:4
199:18 200:1
staffed 30:19
stagnant 44:9
stand 150:18
Standard 19:20, 20
24:21 25:8 60:18
61:4 87:21, 22
88:1, 6, 12, 25 89:8,
16 99:23 101:3, 12
110:13 112:16, 21
113:1, 3 116:17
118:25 119:1
120:14, 22 121:1
125:21 128:22, 24
130:17 132:4
168:7, 11, 22, 23
169:1, 6, 14, 18, 24
170:1, 3 199:10, 10
standards 61:15,
23 62:2 85:24
86:13, 17 87:23, 24
88:7, 10, 18 89:18
91:14 103:4 110:3
115:2, 9, 19, 22
116:2 117:16, 18,
19, 21 119:8
120:20 130:10
139:16, 17 166:6, 9
168:2, 3 169:11, 20
170:4 171:9, 22
173:14, 22 175:4
176:19 193:20
199:19
standard's 88:14
start 40:9 46:3
85:20 92:17 96:20
112:6 123:21
143:10 155:18
164:23
started 37:5 44:20
46:20 78:13
148:22 151:1
163:10 175:22
184:16
starting 37:20
104:4 175:19
179:2
starts 140:9, 15
157:1
startup 140:7, 15
141:17 152:17
State 3:18, 25
4:10, 11, 17, 18 6:1,
11 8:2, 15, 20, 22,
24 9:1,5,7 10:10
12:22 13:5, 11, 12
14:8 16:5, 17, 19
32:20 64:13 69:2
71:7 85:22 86:2,
22 88:4 89:19
91:8, 23 94:9, 10
95:13 101:7
103:11, 13 124:7
129:8 132:7, 14
136:22 137:4, 10,
16, 24 138:4, 10
140:6 144:20
146:2 147:10, 17
169:25 170:25
172:5
stated 61:4 90:20
92:18 100:11
117:20 139:25
150:2 171:6
176:12 188:17
193:8 199:16
statement 52:1
92:24 93:3 162:2
statements 52:3
States 51:5, 11
88:1, 9 92:21
94:19 125:11
176:8
State's 10:12
86:13
stating 165:5
182:23
status 27:6
statute 170:19
statutes 14:12
stay 77:4
staying 33:3
177:25
stems 29:11
stench 71:19
73:13 74:22 76:24
81:14 165:16
step 59:19 65:8
71:23
steps 104:3, 5
STEVE 2:1 31:9,
15,17 32:12, 13, 19
66:17 67:4 198:14
200:23
Steven 66:19
stick 98:4, 11
Stinks 78:14
165:20 183:5
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158:24 181:2, 18
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38:7 93:7 94:22
95:15 100:12, 16
101:18
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59:12, 15, 16 92:13
95:14, 17 99:5, 6
100:3 114:2
135:12 169:21
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storm 155:12
straight 41:16
53:24
stream 10:15 11:3,
3, 8, 16, 20 12:6, 9
25:23 94:3 181:2
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25:17 92:9 95:14,
16, 20 99:4 100:2,
19 104:12
Street 15:25 73:9
strength 156:18
163:19
stress 116:15
157:24
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strong 62:22, 23
63:5 68:4 156:6
162:22
stronger 67:18
73:19
strongly 189:17
structure 34:13
35:9 36:15 37:14
59:2, 21
structures 38:16
struggle 196:15
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strung 75:17
study 145:19
stuff 28:10, 13
31:6 32:6 35:5
37:7 41:1 67:8, 24
68:15 71:5 87:16
107:15 116:24
126:18 145:7
155:25 181:21
197:21
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submitted 18:13,
16, 20 34:14 36:20
40:2 63:8 78:22
93:12 146:2
147:19, 21 172:21
submitting 84:9
substantial 107:17
182:17
substrate 28:9, 13,
19 34:18, 19, 20
40:1 43:10 46:8,
9, 10 47:9, 10 54:2,
6, 6, 12, 14, 22 55:3
56:8, 18, 20 92:13,
18, 22 93:4, 13
94:4, 11 95:8
101:18 161:5, 6
186:4 187:9, 13, 19
188:6
success 157:5
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sudden 14:4 55:23
Suddenly 66:1
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suggest 120:9, 12
121:4
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suggesting 175:7
suggestion 174:13
183:2, 17 186:2
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176:1
sum 28:18
summary 122:11
Sunday 80:23
Super 76:16
support 196:21, 22
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44:17 73:11 90:5,
14, 16 91:20 95:16,
21 99:5 100:2
101:3 114:17
115:2 116:1
118:13 147:1
148:5 153:2 180:1
supposedly 184:8
sure 5:3, 22 6:5
7:2 11:13, 18
12:21 14:22 15:18
16:21 19:12 22:6
23:3, 25 25:7 33:4
38:16 48:3, 16
65:23 72:11 77:20,
24 79:20 100:12
105:25 106:18
110:25 114:18
125:1, 2, 14 127:15
129:14 130:6
132:2, 13 134:10,
11 139:1 146:25
Agren Blando Court Reporting & Video, Inc. 28
148:1 155:14
166:5 168:18, 25
169:15 171:17
172:23 177:19
180:6 197:15, 23
surprise 17:1
surprised 75:25
surrounding 173:17
suspect 172:11
suspend 151:23
152:2, 3 171:11
174:7, 25 175:23,
24 176:20 178:21
190:7 197:20
suspended 158:7
175:23
Suspending 177:12
178:25 193:5
suspension 178:7
182:5 189:4
196:23 200:8, 10
Sutton 123:23
switch 55:22
197:18
sworn 84:2
System 13:8, 20
34:18, 22 38:6
39:5, 7, 24 40:10,
21 41:9, 12, 19
42:16, 24 43:9
46:18 47:7, 9, 16,
17 48:12, 14, 16, 21,
22 49:1, 18 50:8, 9,
21 51:1, 5, 6, 8
126:1, 2, 4 154:12,
16 156:6 159:5, 6,
7 161:5 163:24
169:9
systems 34:3, 6, 7
47:2 48:4, 4 50:18
52:5 54:4 55:21
112:15 149:11
156:2 157:23
169:7
<T>
tab 105:7
take 14:16 36:16
40:7 46:3 54:7
55:25 68:17 82:4
116:10 118:7
120:9 121:13
126:3 131:6, 7
152:4 156:13
167:10 177:12, 15
192:5
taken 6:25 10:25
26:21 32:5 33:10
36:2, 4 81:17
82:18, 23 90:22
116:10, 24 126:5
takes 45:21
143:18 167:9, 10
talk 20:7 26:23,
25 27:1, 7 28:11
36:13 39:12 46:8
48:21 49:8 57:22
69:4 91:16, 19
119:23 143:23
162:13
talked 17:13 29:3
30:4 35:24 41:22,
24 45:10 76:22
82:5 99:25 113:25
122:20 131:5, 20
144:25 153:9
163:1 179:12
194:25
talking 10:3 26:19
43:12 46:12 63:2
102:8 107:3, 14
130:20 154:7, 17
161:9 187:3
188:12 190:10
197:18, 19
talks 119:11, 14, 15
120:25 121:2
168:23 169:6
170:20, 21
tank 34:18, 18, 20,
20, 21 38:13 40:1,
21 41:3, 16 47:10
74:18 94:11, 22
tanks 34:19 38:7
41:24 43:10 46:8,
9,10 47:2,3,9,10
54:6, 7, 12, 14
92:13, 18, 22 93:3,
4, 13 94:4, 15 95:8
101:18 107:2,3,4,
5,5,15 108:11,14
109:4 128:13, 16
156:3, 3, 5 161:6
tank's 40:24
taste 68:5
team 155:23
161:11
Technically 93:5
techniques 50:6
51:14
technology 93:19
tell 16:7 18:5, 5
22:6, 14 23:19
45:3, 16 52:9 63:7
70:7 77:9 79:21
96:16 111:24
126:11 148:23
156:25 162:7
165:13
telling 75:4 78:21
127:15
temporarily 47:1
temporary 18:16
156:6 161:5
ten 7:12, 22 95:4
Teragatrics 44:5
term 43:15 77:23
108:12 112:17
132:24 147:12
termed 46:13
terms 16:24 17:2,
14, 15 40:20 41:6
57:11, 16, 21 59:2,
3 113:18 138:11
143:16 153:16
167:2 179:20, 24
180:24, 25 181:5, 8,
14, 20 187:2 195:5,
14 196:3, 9, 11, 12
test 21:17, 23
32:23 48:6, 23
52:6, 9, 10 54:3
55:21 176:6, 9
tested 51:14, 16
testimony 57:15
86:4 127:24
172:20 173:16
177:14 186:3
testing 66:6
112:23
tests 21:20 24:24
25:6
th 90:22
Thank 12:3 15:23
16:2 17:23 19:2
21:8 24:1, 6 26:1
29:9, 12 37:2
43:11 46:5 51:23
53:18 57:7 60:7
65:11, 12, 14, 17
67:2, 3 68:18, 20
72:1,2,3,8,14
73:1 75:19, 21
78:16 79:16, 17
80:3, 4 84:6, 14, 15,
16 85:11 97:17, 23,
24 103:24 104:22,
23 105:14, 15, 17
111:5, 10 112:4, 5
115:4 116:3
126:10 138:2
142:6 152:18, 24
153:7 164:21
176:23 196:13
201:6
Thanks 18:1, 2
25:12 78:19, 20
83:16, 17 115:20
138:14
Thanksgiving 37:18
182:25
thee 33:6
theme 102:24
theory 104:13
thief 81:10
thing 46:14 50:14
66:12 68:10 78:4
82:20 83:18 92:7
97:8, 16 100:25
102:4 113:10
122:2 127:16
128:20 131:18
138:23 139:24
149:22 154:1
159:12 165:2
171:23 172:10
176:10 179:25
194:24 195:12
197:21 198:5
things 3:14, 22
7:1, 3 14:12 18:9
30:9 42:1 46:24
57:20 69:4, 17, 21
77:12 89:10, 15
91:15, 17 95:10
98:2 102:7, 13
103:20 124:25
126:4, 23, 24
128:12, 14, 21
130:22 138:23
143:13 147:24
150:15 154:4, 5, 13
155:10 156:10, 12
157:2, 2 159:24
161:18 162:11
166:15 167:22
168:6 172:13, 15
173:4, 9, 20 175:5
177:10, 14 178:3
179:11 180:20
181:2 186:2 190:9
195:20, 25 196:3
think 3:21 6:18
10:20 11:19, 22
18:24 20:3, 4
23:12 25:6 26:2
29:2 33:23 51:20
60:21 63:11, 12
64:14, 16 65:7
68:16 72:19 78:25
88:18 89:11, 24
91:17 92:10, 13
97:14 104:3 106:7
108:22 119:7
Agren Blando Court Reporting & Video, Inc.
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121:11 123:10
125:14 126:17
127:20 128:12, 20
129:23 144:5
145:22 150:18, 24
153:7, 8, 12 154:11,
24 159:23 161:3
162:8, 10, 17
163:23 166:19
167:19, 24 169:15,
23 170:17 171:19
173:19, 21 174:16
175:14 176:5, 18
177:4, 5, 7, 10, 14,
15 179:17, 19
181:3, 6, 22 182:13,
23 183:13 185:15
186:5, 8, 13, 19
187:1 188:9, 23
191:22 192:15
193:3, 5, 7 194:16
195:10, 15, 20
196:5, 7, 19 197:7,
8, 12, 16
thinking 83:10
165:10
think's 89:15
third 27:21 28:19
34:25 35:16 88:11
98:19 99:25
115:12 187:14
third -party 182:6
third-quarter 27:23
Thomas 17:22
26:15, 16 29:2, 7,
10, 13 40:18, 22, 24
42:6 43:3, 5, 9, 12
45:20, 25 46:6
48:20 49:12, 15, 22
50:1, 7 51:7, 10, 16,
22, 24 52:8, 12, 15,
19, 25 53:3, 11, 25
54:5, 18 55:4
56:23 57:1, 4, 25
58:3, 12, 14 59:5,
24 111:18 112:6
116:6 117:4
119:22 143:8, 9
145:22 146:13
147:6, 18 148:10,
12 149:8 150:10
151:11, 15, 19, 25
152:4, 19 153:4, 25
158:21 160:20
161:24 163:8
186:21 187:14, 17,
20, 23 188:1, 12
thoroughly 134:20,
23
thought 57:19
61:3 74:8 76:4, 6
80:17 85:5 107:16
111:9 137:24
thought -through
142:16
three 30:13 34:8
44:24 45:22 61:13
62:10 64:23 68:24
69:24 70:9 87:24
92:9 97:8 98:2, 4
100:11, 18 104:3
106:6, 9, 11 110:5
111:4, 5, 8 115:2, 8,
13 122:19, 25
136:5 139:5, 14
threshold 21:6
32:11 34:2 36:1
61:13 70:2 92:3
98:17 112:22
137:2 139:13
143:24,24 144:18
162:23 163:4,25
164:5, 8
thresholds 17:15
163:11 182:19
threshold's 92:7
throw 165:22
175:8 183:6
throwing 158:10
181:24 182:1
Thursday 6:12
33:18 37:8
tied 12:23 129:6
147:23
ties 129:3 141:22
tiger 59:10, 10
Timberman 73:7
time 4:4, 9 6:21
7:10 10:4 14:2
17:13, 18 21:14
26:18 27:10 31:4
35:2 45:22 57:11
61:23 63:3, 19
65:1 66:16 67:21
68:19 70:3, 13
74:8, 9, 10, 12, 13
75:3 77:24 78:2
79:17 81:17 83:4,
7, 16 84:7, 19
85:13 87:5 88:13,
16, 17, 21 90:2
92:11 102:22
103:24 105:11
106:6 107:12
109:13, 16 112:8,
23 116:10, 11
117:5 119:5, 25
123:11 124:3,5
125:19 129:2
133:22 134:8, 23,
24 135:22 136:2,
18 140:15 142:14,
21 143:10, 15, 16,
22 144:4 145:11,
18 149:9, 25
153:12, 20 154:11
156:24 158:19
160:3, 6 161:4, 22
162:18 164:13, 13
165:13 167:16, 18
170:12 177:12, 15
178:3, 19, 22 180:3
181:12, 25 188:9,
10 194:14, 20
195:4, 15 196:5
197:9 202:10
times 23:6 33:7
35:24 65:20 69:24
70:9 100:11
113:14 139:4
155:15 156:22
158:6 165:12
167:5 181:3
182:10 185:6
time's 75:9
timing 8:25
TINA 2:10
tired 71:22
today 3:1, 16 6:8
26:19 33:19 65:18
69:5 71:6 75:5
76:6 80:6 82:21,
22 83:20, 25 86:8,
25 87:1 93:19
99:19 103:23
105:8 128:4 131:5,
6 133:8, 25 134:6,
15 136:5, 12
138:24 139:2
142:8, 17, 23 143:2
145:10, 24 151:23
155:22 156:8
160:24 167:5, 13
172:6 173:7, 16
174:24 181:17
188:11, 17 190:23
195:2, 21
today's 131:19
174:18 175:3, 6
told 20:13 47:5
63:1, 4, 13 64:11
66:13 67:24 69:7,
9, 13, 21 70:17
106:25 113:20
161:13 165:25
166:1, 11 172:22,
25 173:1, 10
182:22
tomorrow 177:17
tool 162:3
top 34:21 47:3
101:15 103:13
topic 142:8
total 28:18, 19
29:10 44:15, 16
53:8, 13 55:12
58:18 136:1, 7
187:16 188:13
totally 48:14
151:12 175:24
tough 160:9
178:11
tour 31:9, 14, 16
toured 31:18
tours 31:11, 21
tracked 18:25
traffic 90:7
trailer 59:7, 8, 15,
16
trans 114:1
transcriber 202:6
transcript 202:8, 10
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170:23
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transient 155:2, 4
157:22
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trash 28:14 59:7,
13 67:9, 12 68:10
77:17, 19 89:1
113:17, 18, 22, 24
114:2 154:11
172:25 173:1
treat 42:18 48:8
94:5 99:16 155:6
treated 42:6
149:11
treating 45:10
treatment 43:21,
21,23 44:20 94:12
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tried 31:10 97:19
Trinity 20:23
144:22 163:23
182:14
trophy 66:5
truck 42:9, 9, 10
44:22 58:5, 6, 7, 21
124:21
true 93:5 136:24
truly 64:3 153:22
trust 72:16 179:20
Agren Blando Court Reporting & Video, Inc. 30
Trustworthiness
69:19
truth 73:12
Truthfully 71:15
try 8:18 9:14, 16
62:10 65:20 66:22
68:25 87:4 95:6
180:7 181:4 193:8
trying 25:9 37:17
47:4 56:17 66:7
68:8 89:13 95:3
97:7 106:2, 13
178:20 179:11, 12,
23 180:11,17,21
194:10 195:11
tub 81:20
Tuesday 4:21
turkey 37:19
turn 36:23 50:13
55:22 130:15
turned 47:22
150:22, 23
tweak 128:6
twice 36:1 74:4
two 24:24 28:2,
18 29:14 31:3, 7, 8
39:6 44:3, 21, 24
45:1, 22 53:11
54:14, 16, 17 61:10
66:9 69:24 70:9
74:11 92:25 98:15,
18, 20, 21 102:13
104:5, 8 106:4, 8
117:21 118:10
120:9 125:23
127:7 128:20
130:21 131:12
136:15 139:10
142:22 143:9
147:12 150:12
151:21 156:3, 3, 4,
10, 12, 16 159:25
161:12 165:8
167:15 174:17, 19,
20 175:7, 25 177:1,
3 187:5, 10 190:3
191:11, 16 192:7
two -and -a -half 74:1
two -fold 44:18
two -stage 93:16,
16 135:5
type 10:15 31:3
53:21 133:23
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types 12:12 163:4
173:4
typical 133:18
164:11
Typically 126:21
133:15
<U>
Uh-huh 62:16
ultimate 143:1
Ultimately 5:17
142:24
unable 152:14, 19
unbundled 150:11
under -designed
50:22
underground 35:5
38:7
understand 11:1
17:10 24:18 49:25
96:3 117:4, 15
120:19, 21 122:12,
12 131:11, 13
135:19 137:9
138:7 154:24
163:18 179:16, 22
189:3 190:15
192:22 193:1, 6
194:3, 5, 13 195:3,
8, 12
understanding
20:12 73:10 81:4
107:21, 23 126:16
128:18 130:9
136:25 143:20
145:11,12,21
149:19 153:13, 22
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understood 141:14
Unfortunately 31:1
44:1 196:8
unheard 161:12
UNIDENTIFIED
18:18, 22 19:2
23:1 24:8 84:25
85:4, 8 111:4
115:3, 18, 21
129:21 191:5
192:4, 6
unintended 179:8
194:9 195:13, 16
197:15
unit 35:6, 7, 20
39:4 42:7, 14, 20
43:6 140:9
United 51:5, 11
176:8
units 35:12
unload 42:9 58:7,
21 94:14, 21
unloaded 35:4
38:3 57:16 58:4,
8, 20, 25 59:2, 20,
21 99:13 125:8
unloading 35:10
38:2 94:13, 19, 25
99:10 125:10
127:12
unrecorded 128:7
unusual 184:10
upcoming 30:6
update 19:11
69:25 143:6
updates 36:7, 8
upwind 164:3
urge 66:24
urine 77:9, 10
USE 1:1 3:5, 23
32:20 44:6 46:18
77:18 92:3 126:17
163:20
USR 3:5, 12, 23
4:5 5:24 6:9
12:7, 8 15:10
19:21 24:21 71:8
87:10 90:19 91:2
93:13 94:7 99:18
100:10, 20 103:5
104:18 106:3
108:16, 23 109:1,
21 124:8 126:14
128:3 129:7, 12
149:1 151:24
152:3 166:2 167:3
180:13, 16 199:22
USR-1704 1:1
109:2, 5, 20
<V>
validate 48:11
validity 130:14
170:16 171:4, 10
199:24
valley 74:4
vapors 47:2
various 9:11 83:5
172:6
vent 74:18 132:17
vented 41:9, 11
43:2
ventilate 41:2
ventilated 42:3
venting 41:10, 16
42:4
vents 34:19 41:10
verify 33:1, 2
179:20
version 101:6, 7
102:3
versus 120:2
163:19, 19
view 80:10
violated 103:3
violation 3:12
9:13 19:19 21:5,
18 24:19, 21 25:1
62:1 64:20 85:22
86:13 87:21, 25
88:5, 18, 21 135:25
136:11 137:1
149:4, 10 152:22
167:5, 8 168:1
171:7, 12 199:7, 9,
9
violations 20:24
21:3 136:9 170:7
172:16 182:11
199:21
virtue 61:21
171:12
visit 76:12 178:15
visually 107:12, 13
voice 80:5
volume 52:20
volumes 42:17, 19
vote 196:25 197:3
198:6, 7, 20 200:17,
18
voted 77:22 195:2
voting 183:13
192:20
<W>
wait 9:3 10:6
21:22 24:22 48:7
waiting 190:19
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walk 73:15 74:16
152:5 153:14, 23
walked 161:7, 11,
11
want 12:8 14:23
16:2, 21 18:5
19:11 23:2 24:17
25:7 26:25 48:17
56:4 60:17 75:11
78:3 82:22, 23
88:12 92:11
113:21 122:1, 3
124:2 125:7
132:12 153:7, 13,
17 157:6, 7 161:16
165:16 168:18, 25
171:3 181:6, 13, 16,
21, 25 183:6, 10
193:22 197:12, 13
199:2, 5, 12, 19
200:7 201:5
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wanted 3:13 7:1
18:10 25:13 29:25
30:5 31:16, 21
48:21 65:6 79:5,
16, 20 130:6
165:21 178:14
196:9
wants 6:24 18:4
163:22 198:4
warning 115:5
wary 180:5 181:1
WASTE 1:1, 1 4:1
5:8, 10 10:15
11:2,3,7,8,16,20
12:6, 9, 11, 12
25:17,22 27:16
28:9 54:7 66:16
70:13 75:13 83:13
87:6, 8, 10 88:16
89:21 90:9 91:18,
24 92:9, 12, 18
93:21 94:3, 20
95:14, 16, 20 96:6
99:4 100:2, 5, 12,
13, 18 101:9, 18
104:12 108:1
109:9 131:8,9
133:17 148:3
166:22 168:8
169:19 173:3
177:20 200:5, 13
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135:12
water 155:12
way 4:20 11:21
20:2 30:12 48:14
51:13 66:4 69:22
71:22 83:13 91:17
95:17 103:16
126:18, 21 146:19
155:3 156:24
157:14 159:10
160:16, 18, 23
161:1 163:3, 18
175:13 181:4
182:4 188:22,24
193:13 195:6
ways 43:18 46:19
113:2
WC 78:13
weather 184:9, 9,
10, 10 185:8, 10, 12,
17 195:24
web 78:22, 23
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weekly 151:18, 20
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22, 25 104:8, 23
105:1, 5, 12 114:16
115:7 116:23
143:16 145:1
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110:10 119:22
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172:1 176:25
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71:23 81:13, 16
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