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BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
TRANSCRIPT OF PUBLIC MEETING
IN RE:
A PROBABLE CAUSE HEARING CONCERNING A MINOR AMENDMENT TO USE
BY SPECIAL REVIEW PERMIT, MUSR14-0030, HEARTLAND BIOGAS, LLC
(9:41 A.M. TO 12:03 P.M.)
The above -entitled matter came for public meeting before the Weld County Board of
County Commissioners on Monday, July 11, 2016, at 1150 O Street, Greeley, Colorado, before
Stephanie Frederick, 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
Esther E. Gesick
Clerk to the Board
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1 APPEARANCES:
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ON BEHALF OF THE BOARD OF COMMISSIONERS:
COMMISSIONER MIKE FREEMAN, CHAIR
COMMISSIONER SEAN P. CONWAY, PRO-TEM
COMMISSIONER JULIE A. COZAD
COMMISSIONER BARBARA KIRKMEYER
COMMISSIONER STEVE MORENO
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9 ALSO PRESENT:
10 ACTING CLERK TO THE BOARD, STEPHANIE FREDERICK
11 COUNTY ATTORNEY, BRUCE BARKER
12 ASSISTANT COUNTY ATTORNEY, FRANK HAUG
13 HEALTH DEPARTMENT REPRESENTATIVE, PHIL BREWER
14 PLANNING SERVICES REPRESENTATIVE, CHRIS GATHMAN
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1 CHAIRMAN FREEMAN: Commissioners are present.
2 We have one item under Planning. Number 1, consider
3 Probable Cause hearing Concerning Minor Amended Use by
4 Special Review Permit, MUSR 14-0030, Heartland Biogas,
5 LLC.
6 MR. BARKER: And Chris is ready to go on this.
7 MR. GATHMAN: Good morning. Chris Gathman,
8 Department of Planning Services. Again, this is a
9 Probable Cause hearing for Heartland Biogas, LLC. The
10 site is located in part of the Southeast quarter of 24,
11 Township 4 North, Range 64 west (sic) of the 6 p.m. It
12 is located west of and adjacent to County Road 49 and
13 north of and adjacent to the Country Road 40 section
14 line.
15 This Probable Cause is in regards to MUSR14-0030,
16 and this a Minor Amendment to a Site Specific
17 Development Plan and Use by Special Review Permit, No.
18 USR-1704 for a Solid Waste Disposal Site and Facility,
19 including Class I compositing, animal waste recycling
20 and processing facility, including a anaerobic digester
21 based renewable energy plant gas, along with the
22 concrete batch plant to be used during construction of
23 the facility. The Minor Amendment was for the addition
24 of a digester process system and a 70 -foot flare.
25 The three Development Standards that we're
4
1 looking at today in regards to the MUSR are Development
2 Standard No. 17, which states, "The facility shall
3 operate in compliance with the applicable Colorado Air
4 Quality Control Regulations and comply with any permits
5 issued by the Air Pollution Control Division.
6 Development Standard No. 21 which states, "In
7 accordance with the Colorado Air Quality Control
8 Commission, Regulation No. 2, odor detected offsite
9 shall not exceed the level of 7:1 dilution threshold."
10 And, Development Standard No. 44: "The
11 property owner or operator shall be responsible for
12 complying with all of the foregoing Development
13 Standards. Non-compliance with any of the foregoing
14 Development Standards may be reason for revocation of
15 the permit by the Board of County Commissioners."
16 I'll go through with a timeline of the
17 permits that have been approved on the site next.
18 CHAIRMAN FREEMAN: Okay.
19 MR. GATHMAN: So on July 21st, 2017, USR-1704
20 was approved by the Board of County
21 Commissioners. It should be noted that this USR was
22 approved with the odor standard in regards to the 7:1
23 dilution threshold. I don't have it in here, but it
24 also had the Development Standard in regards to
25 meeting Colorado air quality regulations and compliance
5
1 with the remaining standards of the USR.
2 On February 25th, 2013, there were some
3 changes to the site layout of USR-1704 that was
4 approved by the Board of County Commissioners. This
5 included changing from six lined ponds, one stormwater
6 pond and five additional process ponds, to three lined
7 ponds, which included two stormwater ponds, one
8 settling basin and one covered digester lagoon. And
9 changing the digester design from 24 rectangular in -
10 ground digester pits to five above -ground digester
11 tanks, approximately 50 feet in height. This did
12 involve notification to surrounding property owners
13 within 500 feet prior to this hearing.
14 Then on February 25th, 2015, MUSR14-0030 was
15 approved by the Department of Planning Services. It
16 should be noted that the same Development Standards in
17 regards to odor, the three Development Standards that
18 were under USR-1704 were included under this Minor
19 Amendment.
20 And just some background on that. The
21 Department of Planning Services and Environmental
22 Health, did meet with the applicants prior to them
23 submitting the MUSR. It did not require a new or
24 amended Certificate of Designation for this process.
25 Essentially what they were doing was, originally they
6
1 had food wastes that were being separated off site at a
2 facility in Denver, and they are proposing to move the
3 facility on -site to separate the food waste.
4 So the type of waste that they're still
5 processing was the same, it's just that they were
6 taking the separation facility from a site that was off
7 site to this location here.
8 Another thing that should be noted is that in
9 that Minor Amendment the application indicated that
10 they would be actually reducing the amount of traffic
11 trips by about 10 percent. And also the additional
12 facility, which included one clear span building,
13 bio-separator facility tanks are located -- or were
14 located within the footprint of the existing USR for
15 USR-1704. Four additional employees were proposed
16 under this Minor Amendment.
17 Through the Minor Amendment process, as with
18 the USR and with the changes to this site, property
19 owners within 500 feet were notified.
20 Since that time, starting on November 10th,
21 2015, and this is -- at the time I prepared this slide
22 going to July 5th, 2016, we had a total of 91 odor
23 complaints logged or received. Of the odor measurements
24 taken the facility exceeded the 7:1 odor threshold on
25 one occasion, which is April 27th, 2016.
7
1 It should be noted that there is a separate
2 compliance process that is going through concurrently
3 with the State of Colorado. It's my understanding
4 there's not a hearing scheduled yet for that, but the
5 State is proceeding on that odor violation as well,
6 separate from this hearing.
7 On June 30th, 2016, a letter was mailed via
8 certified owners in regards to this July 11th, 2016,
9 Probable Cause hearing and also -- because that's kind
10 of where we're at.
11 I can go through and show you some slides of
12 what was originally approved and what the Minor
13 Amendment entailed.
14 So this was the original USR approval. At the time
15 their access was directly off of County Road 49, and the
16 facility was in this location here.
17 The name change under the Minor Amendment is
18 this separator facility, which was added here. So,
19 it's still within the boundaries of the USR. The USR
20 boundary is a little hard to see, but basically along
21 here.
22 So, you have an additional clear span (sic)
23 building, and some tanks in this location in addition
24 to the existing site approved under the USR.
25 I'd be happy to answer any questions, but I
8
1 prepared to forward it on to the Environmental Health
2 Department in regards to the odors.
3 CHAIRMAN FREEMAN: Okay. Commissioner Cozad.
4 COMMISSIONER COZAD: Just a quick question,
5 Chris. Can you tell me when the separator facility,
6 that when that area was actually constructed?
7 MR. GATHMAN: I can look it up. It would
8 have been in 2015.
9 COMMISSIONER COZAD: Okay. Maybe the applicant
10 can address that when they get up. Thank you.
11 CHAIRMAN FREEMAN: Commissioner Conway?
12 COMMISSIONER CONWAY: Yeah. A clarifying
13 question. So, there have been 91 complaints over that
14 seven month period, and maybe Phil will address this in
15 his presentation in terms of how many times he went out
16 there to actually sample. I know there was one
17 violation we found that needed clarifying on that.
18 But, does it seem to spike at certain times?
19 Has there been a correlation? Because it averages
20 about 13 a month over that seven months. Are those 13
21 kind of coming in bunched together or spread out over a
22 period of time? And maybe Phil can address that too.
23 MR. GATHMAN: Yeah. I'll have Phil take the
24 lead on that. I know he's been out there many times.
25 COMMISSIONER CONWAY: Great.
9
1 CHAIRMAN FREEMAN: Okay?
2 COMMISSIONER CONWAY: Yeah.
3 CHAIRMAN FREEMAN: All right. Phil?
4 MR. BREWER: To answer your question
5 immediately here. There have been comments made to me
6 by complainants that the odors are more common at night
7 and in the evenings than during the day.
8 COMMISSIONER CONWAY: Okay.
9 MR. BREWER: But, I have not done a
10 statistical analysis to verify actual incidences of --
11 COMMISSIONER CONWAY: That's antidotal
12 information.
13 MR. BREWER: Yeah. That observation
14 presented to me is somewhat verified by a report that I
15 received from an Air Pollution Control Division
16 meteorologist, Emmit Malone, who said based on the
17 topography of the area, with Heartland up on the east
18 side of Beebe Draw, that he would expect perhaps that
19 to be the case with air flow patterns from heating and
20 cooling during the day and at night. But that is a
21 general comment that I have received.
22 Now, was there another question?
23 COMMISSIONER CONWAY: Do they seem to come in
24 bunches or is it just --
25 MR. BREWER: No.
10
1 COMMISSIONER CONWAY: -- over the whole --
2 MR. BREWER: It just seems like it's
3 sprinkled throughout the week.
4 COMMISSIONER CONWAY: Okay.
5 MR. BREWER: Throughout the month.
6 Since that slide was prepared I have received
7 further and additional calls regarding the odor
8 emissions from there that are perceived. In fact, I
9 got one message this morning on my email from one of
10 the residents.
11 The picture on the screen now is a red dot
12 location for a complainant and the number associated
13 with that dot is the number of complaints that I have
14 received from that complainant. I have received
15 complaints from as far as three miles north to about
16 three miles south; about a mile -and -a -half to two miles
17 west, and about a mile -and -a -half east.
18 Some of the complainants have said to me that
19 their neighbors have also noticed these foul odors, but
20 they've not called me and notified me of their
21 observations.
22 The one complaint that resulted in a
23 violation -- and Chris, can you put up the -- yes,
24 there we go. The one complaint that resulted in a
25 violation appeared on Weld County Road 40 at the green
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1 dot immediately south of Heartland -- yes, thank you,
2 Chris. That slide also shows the observations that I
3 made at the four primary county roads surrounding the
4 section on which Heartland is located; Weld 49, Weld 42
5 to the north, Weld 47 to the west, and Weld 40 to the
6 south. Weld 40 is actually a two -tire track, oil and
7 gas facility, kind of a private driveway for one of the
8 residents down there.
9 The one violation occurred at Weld Road 40
10 about a third of a mile west of 49 where I have found a
11 number of odor detections. It was on a very unusual
12 meteorological day. It was a day when there was a
13 weather front coming through, the winds were directly
14 out of the north. I was standing directly south of
15 their -- what they call their reception area for raw
16 bilogicals, and was there for a prolonged period of
17 time with this north wind blowing directly towards me,
18 and I was perhaps 5 or 600 feet away from there.
19 It was an unusual day. It wasn't typical of
20 what goes on out there. The odor findings that I have
21 received have all been less than the standard excess of
22 7:1. They've all been less than that, except for the
23 one.
24 That ratio means this: A volume of air
25 containing an odor is diluted with seven volumes of air
12
1 that does not have the odor. If the odor is still
2 perceived in that 7:1 mixture ratio that is a potential
3 violation.
4 A 2:1 is odor free air of one volume that's
5 mixed with two volumes of -- I'm sorry -- an odor
6 containing a volume of air that's mixed with two
7 odor -free volumes of air. And if that is detected it's
8 greater than 2:1, if it's not detected it's less than
9 2:1.
10 But the ratios that are expressed and odor
11 evaluations are, the volume of air containing odor
12 mixed with the volume of air not containing odor. 16:1
13 is 1 volume of odor filled air mixed with 16 volumes of
14 odor -free air. That's what it means.
15 The conclusion from that is that a 16:1 is
16 more concentrated odor than a 8:1 or a 7:1, and that is
17 more concentrated than a 4:1 or a 2:1. If I detect no
18 odor, then it's just zero.
19 This is a standard way of measuring odor. It
20 is an acceptable scientific method for doing it. There
21 are probably other ways of measuring odor that are much
22 much more complicated in sampling procedures and in
23 analytical approaches. We do not have that available
24 to us. I don't know of any place that routinely does
25 this.
13
1 The State Health Department presently is
2 sampling air in Weld County and analyzing it for air
3 toxics. But that's a totally different study and EPA
4 funded study. But I don't know of any situation in the
5 nation where odors from sewer plants or from these
6 kinds of facilities are analyzed using GCMS technology
7 and actual sampling, either sporadic sampling or a
8 continuous emission monitoring.
9 If you wish to know something about
10 certification I can go into that, if that's not
11 important we don't need to deal with that. I am
12 certified, my instrument is certified, and I am
13 certified by the State Air Pollution Control Division.
14 The instrument itself is annually certified
15 by the manufacturer. I have over about 12 years had my odor
16 evaluations verified by a representative of the State
17 Air Pollution Control Division, in two different
18 situations. One of them has been Heartland and the
19 other one was a Northglenn Wastewater Treatment Plant.
20 He and I have essentially agreed on odor
21 results when we have jointly evaluated odors at both
22 facilities. He was here about a week -and -a -half ago
23 and he and I concluded the same regarding odor
24 emissions from Heartland. They were not in violation a
25 week -and -a -half ago.
14
1 CHAIRMAN FREEMAN: Okay.
2 MR. BREWER: But that is not to say the odors
3 emanating from there are pleasant. I find them quite
4 not pleasant. They are descriptively quite not good.
5 Maybe some of the people who are here today can
6 describe them for you in terms that they recognize and
7 have attributed to them.
8 CHAIRMAN FREEMAN: Okay. Does the Board have
9 any clarifying questions?
10 COMMISSIONER CONWAY: I do.
11 CHAIRMAN FREEMAN: Yes, go ahead.
12 COMMISSIONER CONWAY: How many times did you
13 go out there at the request of citizens on a odor
14 complaint? I know you only found one violation, but
15 how many --
16 MR. BREWER: I had been out there about 23
17 times since November 10th.
18 COMMISSIONER CONWAY: Same --
19 MR. BREWER: And a visual --
20 COMMISSIONER CONWAY: Go ahead.
21 MR. BREWER: -- a couple of times have been
22 responses.
23 COMMISSIONER CONWAY: Okay.
24 MR. BREWER: The stack is the total
25 complaints. The one pink one there is the violations.
15
1 COMMISSIONER COZAD: Okay, thank you.
2 CHAIRMAN FREEMAN: Okay.
3 COMMISSIONER KIRKMEYER: One quick question?
4 CHAIRMAN FREEMAN: Yes, Commissioner
5 Kirkmeyer.
6 COMMISSIONER KIRKMEYER: Was there a
7 violation at the Northglenn Sewage Treatment Facility?
8 MR. BREWER: Neither the State nor I ever
9 found a violation, and they were out there with me many
10 times.
11 COMMISSIONER KIRKMEYER: Yeah, I just want to
12 know if that was a violation or not.
13 MR. BREWER: No, it was not.
14 COMMISSIONER KIRKMEYER: Okay, thank you.
15 MR. BREWER: You're welcome.
16 CHAIRMAN FREEMAN: Okay.
17 COMMISSIONER CONWAY: Just to follow-up?
18 CHAIRMAN FREEMAN: Yes.
19 COMMISSIONER CONWAY: On the time that you
20 went out there, the 23 times on complaints, was it
21 close to the 7? I know you said --
22 MR. BREWER: The answer is no.
23 COMMISSIONER CONWAY: Okay, thank you.
24 MR. BREWER: I still think the one day that
25 there was a violation it was due to some unusual
16
1 meteorological events.
2 COMMISSIONER KIRKMEYER: I have a question.
3 CHAIRMAN FREEMAN: Yeah, go ahead.
4 COMMISSIONER KIRKMEYER: So the 7:1 standard,
5 where does that come from? Does it come from the
6 State? Is that a federal standard, a State standard?
7 MR. BREWER: It is a standard that was
8 accepted by the State Air Quality Control Commission as
9 the standard for the State of Colorado. The basis for
10 that I do not know if it's an EPA derived scientific
11 GCMS type thing or not, I don't know.
12 COMMISSIONER KIRKMEYER: Okay.
13 MR. BREWER: That is accepted by the Air
14 Quality Control Commission.
15 COMMISSIONER KIRKMEYER: Interesting. Okay,
16 thank you.
17 CHAIRMAN FREEMAN: Okay. Frank, did you have
18 anything to add?
19 MR. HAUG: I'm just going to add that
20 Commissioner Kirkmeyer just asked the question I was
21 going to add a little bit to.
22 But the question here is really, are they in
23 compliance with the USR? And USR tracks the State
24 standards. There is also a State level process going
25 on that Chris alluded to. But that's going to be a
17
1 hearing also to determine whether they're in compliance
2 with that.
3 I know that Phil has been to the facility,
4 also and has been able to go in there and sort of check
5 on it. The standard that Phil follows -- and again,
6 this is Phil Brewer from the Environmental Health
7 Protection, from Environmental Health. He measures
8 from the property line, so the rule is -- and Phil can
9 expand on this if needed. He measures from the
10 property line, not on the property and not down the
11 road from the property. His goal is to try to be as
12 close as possible without being on it. So, those are
13 the only things that I had to add.
14 CHAIRMAN FREEMAN: Which is the same standard
15 as we use with noise and everything else, it's from the
16 property line.
17 MR. HAUG: Correct, correct.
18 CHAIRMAN FREEMAN: Okay. Commissioner
19 Kirkmeyer.
20 COMMISSIONER KIRKMEYER: I have a question,
21 though. So does our USR -- I was trying to flip back
22 through here real quick.
23 Does our USR require that you take the
24 measurement at the property line or is it just that
25 they are supposed to keep within that standard period?
18
1 MR. HAUG: The Development Standard was --
2 COMMISSIONER KIRKMEYER: Because the odor --
3 odor can travel.
4 MR. BREWER: That is true, very much so.
5 COMMISSIONER KIRKMEYER: Yeah.
6 MR. BREWER: The standard in the USR is that
7 -- in accordance with 14030 is the State standard that
8 is --
9 COMMISSIONER KIRKMEYER: No, I understand the
10 standard. Is it supposed to be measured from the
11 property line or is it anywhere within the City?
12 MR. BREWER: No. Across property line is the
13 regulation and the way of doing it.
14 COMMISSIONER KIRKMEYER: So it could cross
15 the property and travel for a half mile.
16 MR. BREWER: Yes, or three miles.
17 COMMISSIONER KIRKMEYER: Could we measure
18 there?
19 MR. BREWER: We could, but it would be much
20 more dilute beyond --
21 COMMISSIONER KIRKMEYER: Maybe.
22 MR. BREWER: -- the property line.
23 COMMISSIONER KIRKMEYER: Maybe. It depends
24 where the irrigation ditches may be or any small valleys
25 where the air could flow down in that, right? Because
19
1 I live within a half mile to a mile of the Northglenn
2 Water Sewage Treatment Facility, and if that wasn't in
3 violation then we should stop measuring at the property
4 line of the facility and start measuring where people
5 are smelling the odor.
6 Because at my house it was nauseating to the
7 point where I would agree with all the comments that
8 I've been reading in and all the letters over the last
9 few weeks.
10 So my question is clarifying. Does it have
11 to be measured at the property line or can it be
12 measured a half mile away?
13 MR. BREWER: Yes.
14 COMMISSIONER KIRKMEYER: A ravine or a long
15 irrigation ditch?
16 MR. BREWER: It can be.
17 COMMISSIONER KIRKMEYER: Okay, thank you.
18 MR. BARKER: The one thing to clarify though,
19 is, that the USR standard requires it be at the
20 property line.
21 COMMISSIONER COZAD: No actually, I just looked it up,
22 the Development Standard -- let me see if I can just find
23 it again. It says "offsite" is what it says.
24 COMMISSIONER KIRKMEYER: Yeah. Offsite shall
25 not exceed the level of 7:1.
20
1 COMMISSIONER COZAD: No. 21, in accordance
2 with the Colorado Air Quality Control Commission -- Regulatory
4 Order No. 2, odor detected off site shall not exceed the level of
5 7:1 dilution threshold. That's all it says.
6 COMMISSIONER KIRKMEYER: So that's Development Standard
7 21.
8 CHAIRMAN FREEMAN: So you just can't measure inside the
9 property line but you can measure it --
10 COMMISSIONER KIRKMEYER: This says off site.
11 COMMISSIONER KIRKMEYER: Where off site?
12 COMMISSIONER CONWAY: Can I ask a clarifying question?
13 CHAIRMAN FREEMAN: Go ahead.
14 MR. HAUG: Phil, of those 23 complaints you went out and
15 measured, they weren't all at the property line, were they, based
16 on Chris' map?
17 MR. BREWER: That is correct.
18 MR. HAUG: It was quite dispersed. Chris, do you have
19 that map up there?
20 MR. BREWER: Yes, that is correct.
21 COMMISSIONER CONWAY: So it goes to the heart of -- he's
22 not just measuring from the property line. At least that's how I
23 took your testimony. Maybe I misunderstood it.
24 When you get a violation like this you go to
25 the location of the complaint, right?
21
1 MR. BREWER: Not always.
2 COMMISSIONER CONWAY: So, on this map here,
3 in terms of the complainants in terms of those 23 that
4 you visited, how many were away from the property line?
5 How many of them were maybe -- because you said in your
6 testimony the odor emanated as far as three -and -a -half
7 miles to --
8 MR. BREWER: Well, there was (indiscernible)
9 about two- and -a -half, three miles, I did not measure
10 odor down there. I did not measure odor at the one --
11 at Road 34, which is down there, 49 and 34.
12 COMMISSIONER CONWAY: But you did take odor
13 samples per Commissioner Kirkmeyer's question and
14 followed up by Commissioner Cozad. You did go outside
15 -- you just didn't go up to the boundary, you went to
16 as close --
17 MR. BREWER: That is correct.
COMMISSIONER CONWAY: So there's a wide spectrum in
18 terms of where that data was taken, is that correct?
19 MR. BREWER: Yes.
20 COMMISSIONER CONWAY: Okay.
21 CHAIRMAN FREEMAN: Okay, Commissioner Moreno.
22 COMMISSIONER MORENO: Yeah, Mr. Chair. Phil, when
23 you're going out to do this, because reading some of the feedback
24 from some of the complaints that you -- did you just go
25 out a certain time or did you go out different times?
22
1 MR. BREWER: I was out there anywhere from
2 5:00 in the morning until 2:00 a.m. I was out there
3 once during the night.
4 COMMISSIONER MORENO: 2:00 a.m., in the
5 morning? Okay.
6 MR. BREWER: A wide variety of times.
7 COMMISSIONER KIRKMEYER: I just have a
8 clarifying question. I'm sorry. I just want to be
9 clear.
10 So, did you go to John Martin's place and
11 measure?
12 MR. BREWER: No.
13 COMMISSIONER KIRKMEYER: Did you go to James
14 Welch place and measure?
15 MR. BREWER: No.
16 COMMISSIONER KIRKMEYER: Did you go to Nancy
17 -- I think it's Flippin or something like that? Did
18 you go to her place and measure?
19 MR. BREWER: Yes.
20 COMMISSIONER KIRKMEYER: Okay. So you didn't
21 go to all the complainants' location where they were
22 smelling the odor, but you went to a few of them. And
23 then some of them you measured at the property line?
24 MR. BREWER: Yes. Correct.
25 COMMISSIONER KIRKMEYER: Okay. Thank you.
23
1 CHAIRMAN FREEMAN: Any other questions for
2 staff?
3 (No response.)
4 CHAIRMAN FREEMAN: Okay. I'll go ahead and
5 ask the Respondent to go ahead and come up, give your
6 comments. State your name and address for the record.
7 MR. DALEY: Good morning. Good morning,
8 Commissioners. My name is Ralph Daley. I'm vice
9 president with EDF Renewable Energy, the owner of
10 Heartland Biogas. And myself and Jason Thomas, who is
11 the plant manager, will be making some remarks. And
12 Jason has put together a PowerPoint presentation to
13 give both yourselves a better background on the
14 project, the odor sources.
15 What I want to do -- also state is that EDF
16 and Heartland Biogas holds environmental compliance as
17 a core value and we also are very much committed to
18 being a good corporate citizen where any of our
19 facilities are, including this facility.
20 The digester facility commenced start-up
21 operations last fall, in the November time frame.
22 Starting up a plant like this is a long process because
23 you essentially have to build the biology in the
24 digesters and slowly bring those digesters up to
25 temperature as well as to feed it with a certain amount
24
1 of material.
2 And to answer one of your questions,
3 Commissioner Kirkmeyer, is when the processing facility
4 that we call the DPS, the Digester Processing System,
5 it commence up construction last fall and then we
6 completed construction in March of 2016, and that's
7 when we got our certification from CDPHE to commence
8 operation.
9 But we -- the violation that occurred on the
10 27th of April was during our start up. We are still
11 currently -- still in start-up and that was before we
12 instituted our first phase of odor control activities.
13 And we are continuing that as well as following up on
14 additional activities.
15 And Jason will go in as well. Jason, like
16 Phil, has been certified as a odor inspector and as
17 well has done a lot of response to complaints. In
18 tracking the odor control we put in place a procedure
19 and process for response. So we are working really
20 diligently on this and working yet -- you know, and per
21 our findings as well as the State's and counties, we are in
22 compliance except for that one reading, in compliance
23 with the USR standard on odor.
24 And with that, let me just turn it over to
25 Jason to go through a little presentation. Of course
25
1 you can ask questions any time, but this will give you
2 a little better background.
3 MR. THOMAS: Okay. Hello, I'm Jason Thomas,
4 the Plant Manager for Heartland Biogas. I was promoted
5 to Plant Manager at the facility on April 13th of this
6 year. So I have been involved in the process of odor
7 mitigation at the facility since the -- just before the
8 out of compliance reading.
9 I'm just going to go through a quick
10 presentation. This is going to show you kind of what we
11 do. And the reason -- and it's going to be very brief.
12 But the what we do is where the odor comes from. And
13 so understanding the odor is a really critical part of
14 mitigating the odor.
15 So I'll show you the different sources of the
16 odor and then some of the controls we have in place now
17 and then the controls that we're looking at in the
18 future.
19 This is a picture of the plant, the anaerobic
20 digesters, the USR stated the six anaerobic digester
21 tanks. These are where the material is converted into
22 renewable natural gas, and you can see they are covered
23 and the gas it captured under that big bladder and then
24 it is transferred to our gas cleaning system.
25 But I don't want to go too much into the
26
1 technical side of things because I want to focus on the
2 odor.
3 So the goal of the plant is to convert dairy
4 manure and organic wastes, and something else which
5 I'll go to in just a second. Obviously on the dairy
6 side of things manure is a problem, right, because the
7 dairy has so many cows and they produce so much manure
8 that handling the manure is (indiscernible).
9 So, we bring in the manure, we truck it to
10 the facility. And then also we bring in other organic
11 wastes, including some substrates, all the substrates
12 which was organic waste such as meat packing waste
13 streams, dairy waste streams, grocery store waste
14 streams, et cetera.
15 So these are brought on to our facility and
16 then they are converted into useful products. There
17 are three useful products that we convert them in to.
18 One of them is nutrient rich irrigation water.
19 All of the materials that come on site have
20 to be pumped into the anaerobic digester. So they're
21 made into a pumpable material either by dilution or
22 they come to the facility already ready to pump. So
23 the manure comes on in liquid form and it is pumped
24 into the digesters, but there is a lot of water in that
25 system.
27
1 We also produce a high -quality compost with
2 very little foreign material because we're very
3 particular about what we put in to the digester, so we
4 don't have plastics and glass and sand in the digesters
5 because that would just clog our system, so a lot of
6 that is taken out before it gets in the system. So
7 it's a very high quality, uniform size, and very stable
8 compost material.
9 We also then -- this is our primary business,
10 we produce renewable natural gas, which we all know is
11 sustainable and renewable and it's 98 percent pure
12 methane which is injected in the Colorado Gas Pipeline.
13 The status of the plant right now, like Ralph
14 just said, is that we're still in startup. Because
15 it's a biological system it takes time to build the
16 population of biology necessary to produce the gas and
17 perform the anaerobic digestion.
18 I mean, Ralph says that we started back in
19 early this year, that's what we did. We started
20 bringing on very small amounts of this organic material
21 and we started building and growing the biology.
22 This is not complete yet because we don't
23 have everything in the plant complete I can't continue
24 to feed the bugs -- I call them "bugs," it's
25 microbiology in the digester, right. I don't want to
28
1 feed them beyond my capability to handle and process
2 the gas and handle and process the tail gas. So I've
3 limited my production to about a third of total designed
4 production.
5 So that's the process that we're in right
6 now, is growing microbiology in the standard (sic)
7 digesters. We are also completing construction. We're
8 very close to being complete. As you can drive by you
9 could see we're very close. We have two, what we call,
10 BioRem systems that are just now going into service and
11 I'll describe the BioRems in just a minute.
12 And then we have the commissioning of
13 equipment. Any time you bring a facility on line you
14 have a lot of integration issues that you work with,
15 control issues that you work with, making sure that the
16 equipment is operating as designed. And where those
17 designs might not meet the goal of the plant, meet the
18 goal of the equipment, and there's always a review and
19 design necessary.
20 So we've been dealing with that for several
21 months and it continues today. Not always associated
22 with odors, I mean it's just a big plant with a lot of
23 moving parts.
24 What we're here to talk about today, though,
25 is the odor, and that's the challenge. The challenge
29
1 of my facility is processing large volumes of organic
2 waste streams and then putting them into our process,
3 processing them, converting them into these useful
4 products. Storing the useful products for shipment or
5 injecting the gas in the pipeline.
6 For example, right now I'm at a third of my
7 total production at the facility, and right now we're
8 processing 200,000 gallons a day liquidy
9 (indiscernible). And 25 trucks, this is truck loads
10 (sic) of organic wastes.
11 These wastes come on the facility, they have
12 to be processed and then they are put into the
13 anaerobic digester. So as we talk through the next
14 little section I'm going to go through the sources of
15 the odor on the facility.
16 The first source is the odor or the manure
17 storage pit. The manure is stored in a 120,000 gallon
18 open pit. This is done for safety so that the driver
19 can back up to a pit, with the driver of the truck and
20 back up to a pit, and empty the truck into a pit.
21 The pit then pumps continuously into the
22 anaerobic digester system. So the pit can have 120,000
23 gallons in it or it can have 3 feet in it, which is
24 almost no manure. But as we feed the manure from the
25 truck into the pit, it then is pumped into the
30
1 digesters.
2 COMMISSIONER KIRKMEYER: Is that 24/7?
3 MR. THOMAS: Yes.
4 COMMISSIONER KIRKMEYER: Thank you.
5 MR. THOMAS: The next source here is the
6 digester processing system with a DPS, which Ralph just
7 spoke to. The purpose of this facility is to unload
8 and to separate non- organics from organics.
9 For instance, Care and Share in Colorado
10 Springs has damaged packaged materials. They're not
11 allowed to hand it out. That truck drives all the way
12 up to my facility and drops off huge buckets of canned
13 foods and non-perishable foods. These aren't allowed
14 to be processed or handed out to people in need, so
15 they're using our facility to process it.
16 This facility takes that aluminum can full of
17 bean and separates the aluminum can from the beans so
18 the beans can be put into the facility and then the can
19 is separated and our partner company uses that for
20 recycling. So they separate the non- organics from the
21 organics and the organics then are put into the
22 facility.
23 COMMISSIONER COZAD: Just a real quick
24 question, Jason.
25 On that process, when you talked about the
31
1 manure, you said that was put into an open pit. Is
2 this -- the organic waste processing enclosed or is it
3 also in an open area? Is that inside a building or a
4 structure?
5 MR. THOMAS: A little bit of both.
6 COMMISSIONER COZAD: Okay.
7 MR. THOMAS: Some of the facilities, the deep
8 packaging system, the one that I just said takes the
9 aluminum can from the organic material, is in that big
10 covered building that you see there.
11 So, for instance, SSO, which is site
12 separated organics. You go to the grocery store, the
13 grocery store doesn't sell a watermelon, the watermelon
14 starts to go bad, the watermelon goes into a trash bin.
15 That is brought, emptied into a truck brought to my
16 facility and then processed. That will go into that
17 covered building.
18 COMMISSIONER COZAD: Is that covered with
19 like a canvas or something like that? What is it
20 covered with?
21 MR. THOMAS: Yeah, it's a canvas covered
22 building. Right. And it has garage doors on the other
23 side of it which can be closed so that it's not open.
24 COMMISSIONER COZAD: Okay. Thank you.
25 MR. THOMAS: However, there's another
32
1 processing facet of the facility. And you can see on
2 the left-hand side of that picture, you see a grate on
3 the drive there. Inside that grate is a
4 (indiscernible) auger. It's a series of augers.
5 A large truck will come in and dump solids
6 material on to that pad, and then they push that solids
7 material into the auger. The auger then takes it in to
8 one of three underground tanks. On the right-hand side
9 of that concrete barrier that you're seeing there in
10 that picture, are three underground tanks.
11 Those tanks are where they process, dilute,
12 and emulsify and chop up the material that come into a
13 pumpable form so that they can then be pumped into the
14 substrate tanks, from the substrate (indiscernible)
15 digesters. We'll get to a little bit more of that in a
16 second.
17 COMMISSIONER KIRKMEYER: So, is this
18 operation 24/7 as well?
19 MR. THOMAS: This facility currently is only
20 operating during the day time. And everything is
21 stored outside in an unpackaged form overnight. So
22 everything that we receive in the day in processed in
23 that day, put into those underground tanks and then
24 pumped into the digester facility.
25 COMMISSIONER KIRKMEYER: So when the truck
33
1 comes in with the delivery and puts it in to the auger
2 system, the feeding system into the digester, how long
3 does it take before it goes in to the underground
4 tanks?
5 MR. THOMAS: It can take anywhere from, you
6 know, 30 minutes, even 10 minutes. Sometimes the
7 thing's just pushed right into the auger, and sometimes
8 they have to scrape it into the auger with a
9 skid steer, and so that can take a couple of hours
10 sometimes to get it all in, especially as the trucks
11 continue to roll in through the day.
12 So like I said in a previous slide, right now
13 they're receiving about 25 trucks, truckloads of
14 material per day, and sometimes they come all at once
15 and sometimes they don't come for a couple of hours. So
16 they're constantly processing through the day, getting
17 that material into the pick-up tanks.
18 COMMISSIONER CONWAY: A follow up?
19 CHAIRMAN FREEMAN: Yes, go ahead.
20 COMMISSIONER CONWAY: And those trucks only
21 come between the operation hours, 8 to 5, right? Or do
22 they come at all times, 24 hours?
23 MR. THOMAS: No, no. They only come when
24 people are there to process the material.
25 COMMISSIONER CONWAY: Which is during
34
1 operating hours?
2 MR. THOMAS: And it is -- sometimes they have
3 different -- I don't want to misspeak here. Sometimes
4 they will come in at 5:00 in the morning.
5 COMMISSIONER CONWAY: Okay.
6 MR. THOMAS: But when they come in at 5:00 in
7 the morning, somebody's there processing it. They
8 coordinate with the dispatch and delivery of the truck
9 to make sure that it's processed --
10 COMMISSIONER CONWAY: Okay.
11 MR. THOMAS: After it is emulsified and
12 diluted it is then transferred into the storage tanks
13 on my facility on a digester facility. And this is a
14 high source of odor, right? Because we have organic
15 material sitting on a pad being processed, et cetera.
16 When Phil said that he measured a 16:1
17 dilution threshold right off of County Road 40, he was
18 600 feet from this facility with the wind blowing
19 straight in his face. So this was the odor that was
20 measured that day. Okay?
21 Another source of odor is the substrate
22 tanks. After it goes through the de -packaging system
23 and the digester handling facility that we just
24 talked about, it is pumped into these two storage
25 tanks, they're 600,000 gallon storage tanks, via an
35
1 underground pipeline. Once it gets into these tanks we
2 store it so that we can make the proper recipe, food
3 recipe, for the biology in the digesters.
4 Really -- NPR did a story on this and they
5 said it's the world's largest stomach. And that's
6 true, the biology that we're doing here is very similar
7 to what's in the cow's stomach. That's where the actual
8 biofeed comes from and we're using that same process to
9 digest these organic materials, but we can't just shove
10 it all in to them because if we did we'd made them
11 sick. Similar if we overeat we get sick. Well, the
12 digester will get sick if we overfeed it.
13 So we store some of this material as it comes
14 in so that we can meter it in 24/7 in a recipe that is
15 healthy for the digester.
16 COMMISSIONER KIRKMEYER: And is the material
17 stored outside on a pad?
18 MR. THOMAS: The material is stored in these
19 tanks.
20 COMMISSIONER KIRKMEYER: Inside, inside the
21 tanks?
22 MR. THOMAS: But there is a problem with
23 this, because these are organic materials and we begin
24 to heat them. We heat them because the digester runs
25 at 129 to 131 degrees Fahrenheit, and if you're just
36
1 putting in 50 degree Fahrenheit fluids into the
2 digester you'll cool the digester and then that biology
3 is very sensitive to changes in temperature. So we
4 preheat this material before it goes into the digester.
5 When you store organic material and then heat
6 it, you begin the digestion process. Now, there's not
7 a -- remember, I said you have to have a population of
8 biology? There's not a population of biology in there,
9 but there is some biology and so it will produce some
10 gas.
11 And so for safety reasons we can't have a
12 development or a buildup of LEL or explosive gasses in
13 these tanks. In order to get away from that, the design
14 was that we would blow air into the tank and ventilate
15 it.
16 Well, when you blow air into a tank full of
17 this material in high temperature and it exhausts out in
18 the atmosphere, that is obviously a source of odor,
19 right? We pressurize the tank and we're ventilating it
20 to atmosphere.
21 What you're seeing on top of those tanks are
22 flame arresters. And by continuously ventilating the tank
23 there is no development of the explosive gas. I mean
24 it's a very small potential for the development of
25 these gasses. This continued ventilation keeps the
37
1 tank safe and that keeps the facility safe as well. So
2 this is obviously a strong potential source of odor on
3 the facility.
4 Another source of odor from this facility is
5 what we call the BioRem. BioRem is a manufacturer that
6 provided us a scrubbing system -- this is another
7 biological system, and it scrubs the tail gas so that
8 we can meet the air quality requirements of our air
9 permit.
10 Our gas processing system, when the gas is
11 developed it develops methane and it develops CO2 and
12 other trace gasses. The methane is scrubbed using a
13 water scrubber out of the gas stream, and then we
14 compress it and inject it into the pipeline.
15 The remaining gas, which is CO2, primarily
16 CO2 through the processing system is mixed and diluted
17 with large quantities of air and it has the trace
18 elements of gas.
19 These BioRems or this BioRem, the one closest
20 to us in the picture, is also a scrubbing system by
21 which those trace gasses are scrubbed out to around a
22 95 percent efficiency to be able to meet the
23 requirements of the air permit for exhaust gas.
24 The CO2 is not scrubbed in the system, but
25 it's -- the other trace gases are.
38
1 When we were designing the facility, we found
2 a limitation (indiscernible). So I'm at a third of my
3 production right now, and the existing BioRem, we were
4 originally designed to have one, is scrubbing and
5 cleaning the gas well. However, at a third of my production
6 (indiscernible) increase production, and we were
7 concerned that we weren't going to be able to scrub all
8 of that. So as part of our continuous development
9 design of the plant we are installing two additional
10 BioRem vessels. That's what you're seeing off to the
11 right there, and that is what I was talking about still
12 being under construction.
13 This is also a biological system, which you
14 have to maintain or put to proper use, which I have to
15 maintain. I feed it nutrients and then we have a
16 continuous blown -out (sic) to make sure that the
17 biology in there remains healthy.
18 The final source of odor that we have to
19 speak about is the storage of the nutrient rich
20 irrigation water. This is the water that is remaining
21 after the digestion process. If you're feeding 400,000
22 gallons of liquid manure and organics into your
23 digester facility, when you have tanks you have to take
24 that same volume out or you'll overfill the tank.
25 That product is brought out of the facility
39
1 and then it is separated into its liquid phase and into
2 its solid phase. This is where you get the high quality
3 compost and then the nutrient rich irrigation water.
4 This water is stored in open lagoons on the
5 facility, and they are a source of odor. You stand
6 next to them, you can detect an odor off of them. I
7 would not call them a strong odor producer, but they
8 certainly do produce an odor.
9 So those are the sources of the odor. Do you
10 guys have questions about the sources?
11 Okay. Now I'm going to go ahead and move
12 forward into the -- what I'm calling the right now
13 solution.
14 When we go the reading of exceedance as
15 measured by Phil on April 27th, we recognized
16 immediately that this was a problem, because we're not
17 in compliance then with the air permit, with the USR
18 and anything else.
19 So this becomes critical for us that we make
20 an appropriate effort to then control the odors. In
21 order to meet the requirements set forth by the County,
22 which was to do something by June 1st, we chose to
23 chemically treat the odor.
24 What we do is we treat all of the identified
25 sources that I just mentioned with a chemical that
40
1 neutralizes the odor. It doesn't cover the odor, it
2 doesn't like mask it with smells of apples or something
3 like that. It's more -- like if I could give a
4 comparison, it would be more like Febreze. Febreze
5 actually neutralizes the odor, it doesn't cover the
6 odor.
7 This is a very expensive effort. The chemical itself
8 costs upwards -- in excess of $12,000 per tote and I do a tote a
9 week right now as I'm treating these odors. It's a very expensive
10 and time-consuming effort that we make.
11 This is not a perfect solution. In order to
12 meet the June 1st deadline we really rapidly went
13 through the investigation of what materials are out
14 there, what can we do. And what we found was, we would
15 mist this chemical, dilute it heavily in water so it's
16 like a 200:1 dilution rate, 200 gallons of water of 1
17 gallon of this chemical. And then we would mist it in
18 the areas of those odor producers.
19 Originally we bought these little fans, that
20 the chemical was misted into the fan stream and the fan
21 then blew out. It was very effective but it didn't cover
22 the kind of property that we're talking about
23 (indiscernible), the size of the sources.
24 Then we went into a small misting program
25 where we had a little itty-bitty pump that would pump
41
1 some of these mistings into the tank. It was very
2 effective but the pump was not reliable.
3 So we then went to a big misting system,
4 typical of like what you would see at landfills. This
5 misting system can be spread out over a large area. It
6 uses a lot of the chemical but it can cover a large
7 area.
8 When we first brought it in we were diluting
9 the chemical and then putting it into a tank and then
10 that was feeding the pump. The pump didn't like that
11 because it didn't have enough suction end (sic) and
12 pressure, so we had to develop that. We had to find a
13 way to increase the structure pressure to the pumps,
14 that it would increase the misting (indiscernible).
15 What I'm telling you here is that we found
16 our system and we got it in place on June 1st, as the
17 expectation was set. But there's been a process by which
18 we continuously have approved this system to improve
19 its effectiveness.
20 It showed immediate improvement. We all at
21 the facility know that our facility can produce odors.
22 We had the wives and family members saying your truck
23 smells when you come home. Right? These are things
24 we've found out on our on facility.
25 Those reports are gone now. The facility
42
1 does not generate the same intensity of odors with the
2 use of these systems. So it's not perfect but it was
3 fast. It was a fast way, very expensive and fast way
4 to treat the odors as required by the June 1st deadline.
5 There's obviously a continuous opportunity
6 for improvement and we make that effort every day to
7 make the systems work just a little bit better.
8 Vigilance is what is required for the reliability of
9 this system. I've assigned the operators and the
10 maintenance team to continuously monitor the facility.
11 Every four hours they walk by to make sure that they're
12 working.
13 We obviously have an entire facility that
14 we're starting up. But this has become a primary
15 concern of mine at the facility, and so I've assigned
16 an appropriate amount of time with the operators to
17 continuously improve these systems and to keep them in
18 operation.
19 That's not to say that they're continuously
20 in operation because something breaks. But it does
21 mean that at least within four hours somebody notices
22 it and does the work necessary to put it back in
23 service. And that is the availability part. The
24 chemical is not typical. It's not a heavily used
25 chemical because it's so expensive.
43
1 People move away from this as an odor
2 mitigation method. And because the chemical was
3 difficult to get, I signed an agreement with my
4 chemical provider that would allow enough of the
5 chemical to be stored in their local warehouse to feed
6 my facility for two months, because I was having a hard
7 time getting it as fast as I needed it.
8 So these are the kinds of improvements that
9 we're making as we go through. So that's what I'm
10 calling the right now solution. That's how I'm
11 mitigating it
12 I've also -- I've implemented a procedure at
13 the facility by which we respond to odor reports and do
14 onsite continuous odor monitoring. I have as a handout
15 this procedure for you if you'd like to read through
16 it.
17 We established the policy for odor reporting
18 and response. It engages the workforce. I'm not there
19 24 hours a day but the facility's there 24 -hours a day.
20 And so if it's a priority of mine then I have to
21 transfer that and make sure that it's a priority of the
22 operator. And I've done so by engaging the workforce
23 through this procedure, and then holding them
24 accountable to do that which it asks.
25 It asks them to create solutions within the
44
1 procedure. If you identify a new odor source and it's
2 not been treated you have to treat it, find a way to
3 treat it
4 It is how I define how I respond to odors.
5 I've made myself available to the community. And I
6 don't know everyone. I haven't meet all of the people
7 that are affected by this odor. But several of them
8 have made direct contact with me and I've made them --
9 I've made myself available to them.
10 When they report an odor to me I have a
11 specific set of things that I do. I go to the location
12 of the odor. I am certified to measure the odor, as
13 Phil was mentioning before. I measure the odor.
14 Often when I get there I'm not smelling the
15 odor. But I never look at them and say, "You're not
16 smelling this odor." Because meteorology changes the
17 way odors move, and maybe I get there 20 minutes later
18 and things have changed, the conditions have changed.
19 I have measured the odor. I find the odor
20 and when I do I record it in accordance with my own
21 policy, and then I measure the odor and then I continue
22 to measure the odor for several hours in some cases. And when I
23 say I'm available, I'm available all the time.
24 I've received phone calls at 11:00 at night,
25 I'm there; midnight. And I stay from Midnight to 3 or
45
1 4:00 in the morning, and then I go back to work the
2 next day. I got a call on July 4th. I set out to go
3 to breakfast. I skipped breakfast. I went out and I
4 measured the odors. So I'm making myself available to
5 the community in that way.
6 It defines the odor response. It says what
7 do you do when you get an odor. Go and look at the
8 odor mitigation system. Is it operating properly, is it
9 not. It records the odor observations.
10 And the reason I need to know those odor
11 observations in the reports, is if I can get a picture
12 of how these odors are being reported and where they
13 are and what time they are, I can then start to focus
14 my efforts on mitigating the odors, specific to the
15 problem.
16 So, if you're getting those odors from 1:00
17 in the morning until 8:00 in the morning, I can then go
18 at 1:00 in the morning to -- well, 8:00 in the morning,
19 start to understand the odor a little better and
20 improve my mitigation.
21 I'll touch briefly on odor measurement. I am
22 qualified by CDPHE, Air Pollution Control
23 Division. My qualification expires on April 6th of
24 next year. And the device that we use to measure the
25 odor is here, the nasal ranger. I use this as well to
46
1 measure the odors.
2 I've done odor observations according to
3 those dates listed and I've never read a reading --
4 never taken a reading greater than the 7:1 dilution
5 threshold. I also ask my facility, my operators, to
6 measure. They measure at the perimeter twice per 12
7 hours shift, and then they do odor neutralizing
8 chemical misting system checks every four hours.
9 And this is the last slide. I apologize for
10 the length of my presentation.
11 We are doing more. I have made it better.
12 We've not been measured out of compliance since the
13 first measurement. I put that to the effort that we've
14 put these misting systems and the chemical control of
15 these odors.
16 It's better. But we're not done. We are
17 looking for engineered solutions. This had to be a
18 fast solution, the misting systems. But we're looking
19 into engineering controls that will be a long-term,
20 reliable and effective management of the odors and
21 mitigation of the odors.
22 Some of the current evaluations that we're
23 doing are biofiltration, where instead of blowing air
24 into the tank and then out to the atmosphere we suck
25 air off of the tank and then we put it in to a
47
1 biofilter. The biofilter treats the odor, off it goes.
2 Nitrogen blanketing. Maybe we inert the
3 tank so that it doesn't matter if it develops some
4 gasses inside of there because without the oxygen you
5 don't see the LEL.
6 We're looking at covers, containments.
7 Covers at the manure pit, covers at the concrete pad
8 where the trucks are dumping and the methane gas.
9 The biofilters, the BioRems that we were
10 talking about. They can't perfectly reduce all of those
11 trace gases that are coming out. We will be within the
12 requirements of our air permit, but they may still
13 produce an odor.
14 So we had asked for some dispersion modeling
15 to be done for increases of that type. With increases
16 for that type we're seeing that there's potentially to
17 reduce even a possibility of odor detection around the
18 facility from this potential source. So we're still
19 evaluating that, but it's something we're doing.
20 Also, cleaning in the lagoons where we keep
21 the high quality or nutrient rich LSA (sic). We're
22 cleaning the solids out of that to reduce the amount of
23 gas and odor production off of that and then
24 potentially aerate it as well.
25 That's the end of my presentation. What I
48
1 would like to say is that I have made odor an important
2 part of my life. I am interested first and foremost
3 in being in compliance with the regulation, because
4 that's my business. But I'm also -- I believe it's
5 important to be a good community citizen, a good
6 corporate citizen, and continue to pursue these odors.
7 Perfection is probably not going to happen.
8 But I am going to continue to pursue the odors as I
9 have to this point, to be a good neighbor or citizen.
10 So that's all I have.
11 MR. DALEY: And just, you know, speaking on
12 behalf of the company, I fully support Jason in those
13 efforts. And I, along with Jason, have been tasked
14 with completing the evaluation of the additional odor
15 control systems, the engineering systems, and making
16 those evaluations and selecting -- making certain
17 selections of them and implementing them.
18 So, we are committed to -- like I said, we're
19 in compliance of the standard now. But we know we can
20 do better and we're working on it.
21 CHAIRMAN FREEMAN: Okay. Questions?
22 Commissioner Conway, go ahead.
23 COMMISSIONER CONWAY: Okay, thank you Mr.
24 Chair. I just have two clarifying questions, and I
25 might have missed it in your presentation. And again,
49
1 thank you for your presentation.
2 The start-up phase. What's the time table
3 for that when you believe you can go from the start-up
4 phase to fully operational? Because right now you're
5 at one-third capacity, is that correct?
6 MR. THOMAS: Yes.
7 COMMISSIONER CONWAY: What's the time frame
8 or the goal in terms of ramping up?
9 MR. THOMAS: The goal is two months. In
10 reality I think it will be somewhere between four to
11 six months --
12 COMMISSIONER CONWAY: Four to six.
13 MR. THOMAS: -- of slow increasing of the gas
14 production.
15 COMMISSIONER CONWAY: Okay. And the remedies
16 that you're looking at that you're discussing here, are
17 you incorporating that into the expansion over the
18 course of the next four to six months as you ramp up?
19 So, I know you're dealing with the immediate
20 problem in terms of which involves the one-third
21 production of the facility. But in terms of the
22 remedies you're looking at is you also doing an
23 application in terms of how it applies when the plant
24 fully becomes operational, correct?
25 MR. THOMAS: Yes. The engineered solutions
50
1 will be engineered for the full production of the
2 plant, not for what we're doing now.
3 COMMISSIONER CONWAY: Okay. And then you had
4 mentioned in your presentation in terms of chemical
5 application, that you have two months reserved, that
6 you've ordered two months in terms of that. As you go
7 through the engineering modifications and other things,
8 are you incorporating that in terms of the wrap up, in
9 terms of how much chemicals you might need to do
10 neutralization in terms of that?
11 MR. THOMAS: Yes. I don't think I'm going to
12 have to have any more chemical in order to treat, even
13 as I increase the production of the facility.
14 COMMISSIONER CONWAY: So the chemicals that
15 you have ordered, that seem to be effective in terms of
16 some of this, you believe you've got enough to deal
17 with that as you ramp up --
18 MR. THOMAS: Yes.
19 COMMISSIONER CONWAY: -- of the supply?
20 MR. THOMAS: And as we -- like I said, in our
21 continuous monitoring program, if the odor or the
22 change in the facility increase the odor production, et
23 cetera, I will increase --
24 COMMISSIONER CONWAY: Okay.
25 MR. THOMAS: -- my use of these systems.
51
1 COMMISSIONER CONWAY: Okay, great. Thank
2 you, Mr. Chair.
3 CHAIRMAN FREEMAN: Commissioner Cozad.
4 COMMISSIONER COZAD: I had a couple of the
5 same questions Commissioner Conway did. But I thank
6 you for answering those.
7 The only other question that I had is, do you
8 have an operator that is on site at night as well?
9 MR. THOMAS: Yes, the facility is manned 24
10 hours --
11 COMMISSIONER COZAD: Somebody is there all
12 the time?
13 MR. THOMAS: Uh-huh. There are two operators
14 on site at all times.
15 COMMISSIONER COZAD: But you're not there
16 24/7.
17 MR. THOMAS: I am there 22/7.
18 COMMISSIONER COZAD: Okay. Thank you.
19 CHAIRMAN FREEMAN: Okay.
20 COMMISSIONER COZAD: And you answered my
21 other questions, Jason.
22 COMMISSIONER MORENO: Commissioner Cozad, can
23 I clarify it one more time?
24 You've been promoted to plant manager as of
25 April of this year, April 2016, Mr. Thomas, and you've
52
1 been with the company for how long, two years?
2 MR. THOMAS: Uh-huh.
3 COMMISSIONER CONWAY: And your location,
4 again, when you stated you live where?
5 MR. THOMAS: Where do I live?
6 COMMISSIONER CONWAY: Yes.
7 MR. THOMAS: In Evans.
8 COMMISSIONER CONWAY: In Evans? Okay. And
9 the same thing for Mr. Daley?
10 MR. DALEY: I've been with the company for
11 six years. I'm based out of Virginia, West Virginia
12 office.
13 COMMISSIONER CONWAY: Okay.
14 MR. DALEY: But I spend a lot of time here.
15 MR. THOMAS: He might as well be living here.
16 MR. DALEY: Yeah.
17 CHAIRMAN FREEMAN: Okay. Is there any other
18
19 COMMISSIONER CONWAY: Can I?
20 CHAIRMAN FREEMAN: Sure.
21 COMMISSIONER CONWAY: As part of your review
22 on this, this is the only anaerobic digester in the
23 State, is that correct?
24 MR. THOMAS: As far as I'm aware, that is of
25 this size. There are anaerobic digesters. They're
53
1 usually small and in concrete pits.
2 COMMISSIONER CONWAY: Are there any this size
3 comparable around the county in terms of best practices
4 that you're looking at?
5 MR. THOMAS: As far as we know we're the
6 largest.
7 COMMISSIONER CONWAY: You're the largest. So
8 you're kind of -- you don't have any best practices
9 from other facilities that you might be able to
10 incorporate? You're kind of trying to do this as you
11 expand?
12 MR. THOMAS: Yeah.
13 COMMISSIONER CONWAY: Okay.
14 MR. DALEY: But some of the areas we are
15 employing the best practices that are similar to
16 wastewater treatment plants.
17 COMMISSIONER CONWAY: Right.
18 MR. DALEY: Other chemical processing plants.
19 Some of the gas -- natural gas processing plants, strip
20 off, you know, the same gasses and things like that to
21 cause odors. So we're -- as part of our engineering
22 solutions work, we are looking at the best practices of
23 similar industries that have odor issues.
24 COMMISSIONER CONWAY: Okay, thank you.
25 CHAIRMAN FREEMAN: Other questions?
54
1 (No response.)
2 CHAIRMAN FREEMAN: All right. You guys can
3 just go ahead and sit there if you want.
4 But this is a public hearing and so I would
5 invite the public if they would like to come forward.
6 Please come up to the podium, state your name and
7 address for the record. I think there is a clipboard
8 that went around. If you didn't get it, please sign it
9 and we will be limiting comments to three minutes.
10 And hopefully -- I know your issues are all
11 sort of the same, so if we can try to not just repeat
12 what the other person said and add new information to
13 that, that would be great. But we're certainly going
14 to listen to what everybody has to say.
15 So, go ahead.
16 MR. WELCH: Okay. So, my name is James
17 Welch. I live about three-quarters of a mile, I guess
18 it would be southeast of the plant.
19 You know, when this originally came out we
20 got a letter back in 2009 that specifically stated
21 there would be no noxious odor, and that these would be
22 underground storage tanks. And, you know, at the time
23 I thought that may not be too bad of a deal.
24 Once the USR got approved and it was changed
25 in 2013. Unfortunately I live more than 500 feet away
55
1 so I never got notification. So that was a little bit
2 frustrating. But, again, originally we were told that
3 this was going to be a no noxious odor facility.
4 Unfortunately, that's not what's happened.
5 It's an incredibly putrid smell. It may not always hit
6 the 7:1 ratio, but the best way I can describe it when
7 I first detected it back in January, I honestly thought
8 one of my animals had died out in the pasture. So I
9 was walking around, trying to find it, following my
10 nose, seeing what had died. Started heading right
11 towards the plant and hit the corner of my pasture and
12 I was like, well, that's what it is, and drove out and
13 figured out that's what it was.
14 So it's this incredibly putrid, just horrible
15 smell that you just can't get away from. You know,
16 it's not like it's roses at the 7:1 dilution.
17 So, how has it affected me? You know, one of
18 the things that -- this is kind of personal to me. But
19 my daughter is getting married this fall. I've lived
20 there for 11 years. We had planning on her wedding
21 being at our house for 11 years.
22 This May we had to make the judgment call
23 because of the odor and go get another facility. So we
24 had to go rent another place outdoor with a metal bar,
25 which seems ridiculous since I have that on my own
56
1 place.
2 So I've actually been restricted in how I can
3 use my land and how I can enjoy my land. I'm
4 definitely being impinged on. My youngest daughter
5 graduated college this year, she wanted an outdoor
6 barbeque. Had to do it indoors.
7 Normally my wife and I have business parties
8 at our place over the summer. Had to cancel them all.
9 I commonly have to go indoors when I'm
10 working outside. In fact this last Friday the odor got
11 so bad, probably not at a 7:1, but it got so bad I
12 actually had to go inside. That's happened a multitude
13 of times.
14 And even sometimes when I'm inside, doors
15 shut, windows shut, odor is so bad that it permeates
16 the house. I have no where else to do. I am stuck in
17 my house with this odor.
18 And it burns your nose, it burns your eyes,
19 it actually makes you sick to your stomach. So it is
20 something that is -- you know, again, very important to
21 me.
22 So, a couple things I do want to kind of hit
23 on real quick, though, so just a little background. I
24 am actually an analytical chemist, and my background is
25 in developing tests for organic parameters in water and
57
1 also developing quality control guidelines. So I'm
2 somewhat familiar with the testing and things like
3 that.
4 So, a couple points I do want to make. In
5 that presentation there was five categories; manure
6 handling, organic unloading, organic waste storage,
7 exhaust gas cleaning and nutrient rich irrigation
8 water.
9 I do understand the ramp -up phase. I totally
10 understand the microbiology of it. Those five parts
11 are not part of the start up. You're going to dump
12 manure into a place. The biology's in this digester,
13 it's not over in the manure unloading. So as this
14 actually ramps up, it's only going to get worse.
15 So, again, the major sources of odor there
16 are not even going to be addressed in the ramp up. So
17 I just want to make sure you're clear on that.
18 Another thing too that I want to make sure is
19 understood is that, yes, there's one violation. You
20 know, the difficulty is, is in the sampling protocol.
21 A lot of these odors, when they can get really intense,
22 we're talking 15 minutes to half an hour.
23 The unfortunate part is now we have to call
24 Phil. And there's no offense to Phil, Phil, he has to
25 have a life, I understand that. But there's been
58
1 multiple times that we've not been able to get a hold
2 of him or he's out of town or whatever. And so, you
3 know, even if we can get a hold of him, by the time he
4 drives out it's 20 minutes, 30 minutes, and by the time
5 he gets out the wind direction could change, intensity
6 could change.
7 So, you know, with 91 complaints, 23
8 observations, I honestly believe there have been
9 significantly more violations than what you've seen,
10 simply because of this sampling protocol.
11 So one thing I would like to request is a
12 much more intensive sampling protocol.
13 Again, my expertise is water so I'm not as
14 familiar with air. I do understand the water industry.
15 There's a lot of sampling techniques, kind of In -Situ
16 techniques, continuous monitoring techniques. I
17 believe there are some similar ones for air. I would
18 request that you see that, or that we see some sort of
19 program like that because, again, I don't think what
20 you're seeing and the data's accurately reflecting what
21 we're seeing in the community.
22 And then kind of the final thing that I would
23 like to see is, I really would like to see, you know,
24 you guys authorize a community oversight committee,
25 because right now I feel we've really been left in the
59
1 dark. I don't really understand what's been going on.
2 And even like with the USR change, we were never
3 notified.
4 But again, this is something that I know it's
5 really impacting not only myself but our community, and
6 really, we need your guys' help to make sure that some
7 things are resolved, because to be quite frank, it's
8 unlivable at this point.
9 CHAIRMAN FREEMAN: Okay. Thank you.
10 Questions?
11 COMMISSIONER CONWAY: I just have one follow
12 up.
13 Thank you for being here today, Mr. Thomas
14 (sic), I appreciate your concerns. Have you -- or
15 excuse me, Mr. Welch. I apologize.
16 Have you been in touch with Mr. Thomas?
17 MR. WELCH: I have not, no.
18 COMMISSIONER CONWAY: Okay. Because I think
19 you have a good idea in terms of a community committee.
20 But I just wanted to see if that had been discussed in
21 terms of --
22 MR. WELCH: No, I haven't, and I'll be frank.
23 About 20 years ago -- and this is kind of a little bit
24 off topic. But I had a similar situation. When I
25 dealt with the corporation they threatened, you know,
60
1 physically, or I mean things like that (sic). So I've
2 been a little intimidated, and that's actually why I
3 actually joined the Planning Commission about a decade
4 ago to try to prevent those kind of issues from
5 happening. So I'm not real comfortable going into
6 those kind of situations, so.
7 COMMISSIONER CONWAY: How would you see this
8 community oversight committee in terms of this?
9 MR. WELCH: I would like to see, you know,
10 see these proposals. You know, some of these proposals
11 that are up there actually -- the question was asked
12 about best practices.
13 There's anaerobic digestion's not huge in the
14 U.S. but it's huge in Europe, and there's a lot of best
15 practices in Europe. Ironically did it (sic) address
16 pretty much all five of those areas. Those best
17 practices are not currently being implemented at the
18 facility. So what I would like to see is us be able to
19 review, maybe comment on. Obviously we can't make the
20 final decision. But at least be in the know. I feel,
21 really like I say, we've kind of been left in the dark
22 on a lot of what's going on, so.
23 COMMISSIONER CONWAY: Okay. Thank you.
24 MR. WELCH: Thank you.
25 CHAIRMAN FREEMAN: Thank you.
61
1 MS. HOYLAND: Good morning. My name is Kathy
2 Hoyland. My husband, Ken and I are one of --
3 CHAIRMAN FREEMAN: And your address, please?
4 MS. HOYLAND: I'm sorry. I do apologize.
5 18612 County Road 49. We're approximately a mile from
6 the facility on the east side of the road, southeast.
7 CHAIRMAN FREEMAN: Go ahead.
8 MS.. HOYLAND: My husband Ken and I are one of
9 the many unfortunate neighbors of the Heartland Biogas
10 plant. We have lived in our home for 11 years. You
11 all received an email from us on July 2nd about the
12 horrific odor and our 4th of July weekend being ruined
13 by this noxious odor.
14 Our quality of life, since this plant has
15 opened, has been impacted tremendously. We have become
16 prisoners of our own home. You cannot go outside and
17 the odor is in your home whether your windows are
18 opened or closed. And as Jamie said, you are in your
19 home and if you want to get away from this odor, you
20 literally have to get in your car and leave your home.
21 Although the Heartland neighbors would like
22 to see Heartland's land use permit revoked, logically
23 we know you're not going to do that. We are concerned
24 about our health issues and the air we're breathing at
25 our homes.
62
1 As a diabetic I have been directly affected
2 by the numerous sleepless nights. We are engulfed in a
3 horrible chemical smelling odor and it's a cloud. It
4 gets into our eyes, our nose, our throat, and it gets
5 on your skin. You literally can feel this on your
6 skin.
7 We want to know what this odor cloud is. I
8 am sure Heartland is going to tell us it's harmless,
9 nothing to it. Just like the people of Flint, Michigan
10 and Hinkley, California were told. We have the right
11 to demand proof that our air is safe for us to breathe.
12 It is not normal for clean air to burn your nose, your
13 throat, your eyes or your skin.
14 Until this odor issue is 100 percent
15 corrected we, the neighbors of Heartland, are
16 respectfully requesting of you that Heartland not be
17 allowed to expand any further; that Heartland not be
18 allowed to operate over 50 percent capacity; that the
19 air be tested by a reliable resource and the results
20 reported to all of the Heartland neighbors.
21 There needs to be an outside company
22 contracted, at Heartland's expense, that needs to be on
23 site 24/7 monitoring this air. At this time we are not
24 going to accept anything else. We have become
25 prisoners. Our quality of life is gone out there.
63
1 We are asking that you assign one
2 Commissioner to keep the community, the Heartland
3 community neighbors abreast of the matters at hand. As
4 elected officials you need to ask yourself, is this the
5 kind of reputation we want in Weld County? I know it's
6 not for me. Thank you for your time and consideration.
7 CHAIRMAN FREEMAN: Thank you.
8 Good morning.
9 MR. NELSON: Good morning. I'm Tim Nelson,
10 24589 Weld County Road 38. My wife, Jackie, and
11 daughter Alex, live about a mile -and -a -half southeast
12 of the Heartland plant.
13 A few years ago we were made aware of the
14 intent to construct and operate the Heartland plant in
15 its current location. I believe it was during this
16 time Heartland was applying for their USR. We were
17 reassured, as you know from the application process,
18 that there would be minimal odors. The main concern
19 and drawback from the construction and operation of the
20 plant would be the additional truck traffic on County
21 Road 49.
22 The zoning where we chose to build and live
23 is Ag. We have dust, flies, smells, critters, a lot of
24 oil and gas activity come with the territory. No
25 complaints. We all knew what we were signing up for
64
1 when we chose to live there. We never attended a
2 hearing when the Heartland project pursued their USR.
3 According to them, truck traffic was our only concern.
4 No bad odor issues.
5 I'm not going to hearing to complain about
6 traffic. We are not NIMBYs, the Not In My Back Yard,
7 acronym. We have never been in court for any dispute
8 and until today never protested anything. I am a free
9 market capitalist. If someone profited from some of
10 the Heartland project land I applaud them. The idea of
11 someone building a creative and profitable business
12 appeals to me, as does creating jobs.
13 So we come down to the gorilla in the room;
14 odor. Heartland was dishonest about how bad the odors
15 would be. If we knew how bad they'd be we would have
16 protested. We would have attended the hearings when
17 the Heartland project applied for their USR. Even for
18 us Ag folks, use to the smells in Weld County, the
19 stench from this plant is intolerable.
20 We live an outdoor lifestyle, so there is no
21 escape. It is evident from the construction of our wind
22 breaks and sheds that we have prevailing winds and air
23 flow from north and west. We smell this plant a lot. It
24 affects our quality of life and our property values.
25 My daughter is 20 and will be moving out on
65
1 her own soon. My wife and I have talked about selling
2 our place and downsizing, since it will be just the two
3 of us in a rather large home. We are very concerned
4 that our place may not sell, or we may have to sell
5 below market price because of the Heartland stench.
6 Do consider we would have never built in that
7 area if we knew it was coming. We have owned numerous
8 Ag properties and thought we did our homework when we
9 built there.
10 My request is simple. Heartland promised
11 minimal odors. Hold their feet to the fire and require
12 a fix. I don't know how a digester system works, but
13 one would think it could be operated without the bad
14 smells. They couldn't have just made that up when they
15 were after your approval. There must be similar plants
16 in operation without the stench.
17 Whatever it takes, please require a fix.
18 When the Heartland project does what they promise they
19 can expect to have some tolerant and good neighbors.
20 Thank you.
21 CHAIRMAN FREEMAN: Thank you.
22 MS. FLIPPIN: Hi. My name's Nancy Flippin.
23 My husband and I live at 19108 Weld County Road 47.
24 We've lived there for 38 years.
25 We've tolerated many odors. We expect it
66
1 living in the country. I was raised in the country, I
2 just always had them. But this is an exceptional odor.
3 I know Jason has said that it's gotten
4 better. I'm not sure. From their perspective it might
5 be, but from the rest of us it is the same or getting
6 worse.
7 From a healthcare perspective I am an R.N. I
8 see symptoms of this, of eyes burning, nose burning,
9 nausea. It's difficult if you're trying to fix a meal
10 and try to eat when this odor comes in, it makes you
11 just not want to eat.
12 When we have family and friends come visit
13 they are disgusted by the odors. It's difficult for us
14 to entertain our children and grandchildren with this
15 odor because they just do not tolerate it very well.
16 Now, my question is, and we've asked this
17 several times. We do not know what the chemical makeup
18 of this odor is. I am not a chemist, I'm just a simple
19 nurse. We've asked Jason or the company and we've
20 asked Phil, what is this odor, is it toxic? They have
21 told us, no, it is not toxic. As Kathy said, the
22 Government also told the people of Flint, Michigan,
23 their water wasn't toxic.
24 So, I kind of challenge this. I don't know
25 what it is. I know that it's very annoying, it does
67
1 cause symptoms. I worry about healthcare down the
2 road, especially when they get up 100 percent, how is
3 this going to effect the children in the area, us
4 adults. Are we going to see health issues from this
5 down the road?
6 I also worry about long-term exposure, the
7 potential impact to our water tables, especially if
8 they're putting this wastewater to the farmers. One of
9 the framers asked to have it tested and they removed
10 the offer from them. We don't know what's in there. I
11 know a lot of times there's a lot of salts, and that's
12 not particularly good to put on crop lands. And it
13 eventually may get in to our water table.
14 I also am concerned how this will impact
15 property value and healthcare costs in the future. No
16 one is going to want to buy any of our properties when
17 this horrendous odor is there. This is going to tank
18 our property values.
19 I've lived there for 38 years. I'm going to
20 want to downsize one of these days soon. I'm stuck.
21 I'm not going to sell my property and not tell someone
22 there's not an odor. That's just not fair to anyone.
23 I think we definitely need 24/7 air testing
24 on this for weeks or months. It's not fair when I call
25 Phil -- and I've called him multiple times. By the
68
1 time he gets there another band of air has come through
2 and the really strong odor is gone.
3 As Jamie said earlier, sometimes this will
4 last 10, 15 minutes, sometimes it will last for hours.
5 There's no predicting, there's no predicting of the
6 time. I've had it anywhere from 9:00 in the morning,
7 I've been woke up once or twice during the night with
8 this odor burning my nose, my eyes burning and
9 queasiness.
10 This is not healthy. I've just -- I think
11 the solution is we need more testing done. I know Phil
12 says he's done 23 times. I didn't know where he was
13 doing them at, but I think there needs to be more
14 testing done on this. It just is not healthy.
15 CHAIRMAN FREEMAN: Okay.
16 MS. FLIPPIN: And as an R.N. I can't agree to
17 it.
18 CHAIRMAN FREEMAN: Okay. Thank you.
19 COMMISSIONER CONWAY: Can I have -- she might
20 have stated this in the beginning and I missed it.
21 Where approximately are you in relationship
22 to the plant?
23 MS. FLIPPIN: I am about a half a mile west
24 of the plant.
25 COMMISSIONER CONWAY: Half a mile west.
69
1 MS. FLIPPIN: Yes.
2 COMMISSIONER CONWAY: Okay, great.
3 MS. FLIPPIN: We're on the same section.
4 UNIDENTIFIED MALE SPEAKER: Show them the
5 map of the area.
6 MS. FLIPPIN: Oh, yes.
7 UNIDENTIFIED MALE SPEAKER: All the
8 neighbors are on there.
9 CHAIRMAN FREEMAN: Okay. She can talk from
10 up here.
11 MS. FLIPPIN: We did -- one of my neighbors
12 and I, we drove around the neighborhood because we
13 thought, well, we're the only ones smelling this, I
14 can't believe it.
15 So we spent two evenings driving around the
16 neighborhood. We went up to three -and -a -half miles
17 away and people were getting these odors. We put
18 together this map.
19 Unfortunately, the first time I drove around
20 we didn't realize how many people were being impacted,
21 and they did not realize that they are to call Phil
22 Brewer with the Health Department. So we had been
23 working, trying to get more people to call and not just
24 the few of us that we have here.
25 As you can see, this is the plant here in the
70
1 center. And then these are the ones we've gotten
2 marked. There are more people than that. These are
3 people that I have talked to. I mean, I talked to
4 probably 40, 50 households about this. And most of
5 them are getting the odors.
6 CHAIRMAN FREEMAN: Okay. Thank you.
7 MS. FLIPPIN: Thank you.
8 MR. FLIPPIN: Hi, my name's Steve Flippin. I
9 live on County Road 40, the address is 23295. I'm
10 about 800 feet or so from the plant. I'm the closest
11 neighbor to the plant.
12 This is where I grew up and this is where I
13 prefer to live. I can't enjoy living there any more
14 because the stench is intolerable at times.
15 As the closest to the plant we have been
16 exposed to these odors or gasses for two years. I
17 drove up to that plant two years ago to complain to
18 them about these odors. This has been going on for
19 that long. I have talked to multiple people, both at
20 Heartland and their parent company EDF or Electricity
21 de France.
22 At first they denied the odors or fumes, they
23 were coming from their plant. For last nine months
24 they have gotten worse. And I have talked to the vice
25 president at EDF, who's flown out to meet with us. We
71
1 have -- we've been told they are fixing the problem but
2 so far the stench is only getting worse.
3 And they said the fumes -- well, first they
4 said the fumes were not coming from them and now they
5 said they're working on a fix. So obviously there's a
6 problem or they wouldn't be working on it, and nine
7 months later we have seen no improvement.
8 Are the Commissioners aware of what they are
9 working on? As our elected representatives we believe
10 you should be aware of the problems and have the
11 authority to accelerate the remedy.
12 I feel that just because a company calls
13 themselves green does not necessarily mean they follow
14 green practices or regulations. Our community has come
15 together at this threat of noxious gasses, which we
16 were told we would not have any. And our conclusion is
17 we need 24 hour, seven days a week, testing in multiple
18 areas.
19 We have a right to know the results of this
20 testing. If the odors continue what will the County
21 recommend? Should the plant be closed until they know
22 what the problem is and fix it? As neighbors of this
23 plant we believe that the only viable outcome, we are
24 prepared to have this offense odor removed from our
25 community and we will do or put in whatever efforts are
72
1 necessary.
2 We would rather have the support of the
3 Commissioners in our efforts, but we will do whatever
4 it takes to get our quality of life back before
5 Heartland moved in. Thank you.
6 CHAIRMAN FREEMAN: Thank you. Okay.
7 MR. JUSTICE: My name's Russ Justice. I live
8 at 24125 County Road 42, about a mile -and -a -half south
9 -- or north of the Heartland plant.
10 What you guys are doing I think's great. I
11 think you picked a horrible place to put it The odors
12 are just phenomenal and it has changed -- impacted
13 everybody's way of life out there.
14 I do have to commend you for bringing the
15 community together, because I didn't know most of my
16 neighbors until today.
17 I have a couple recommendations for the
18 Commission. One of them is, if you're going to have a
19 plant that emits odors or an explosion hazard, 500 feet
20 ain't enough. I think you should go out three or four
21 miles, and then if something happens you guys need to
22 be impacted, you're going to be impacted.
23 If one of them digesters blows up it will
24 knock all the windows out of my house, I'll guarantee
25 you. 500 feet is not enough for something that's going
73
1 to emit odors or an explosive hazard. And we should
2 have had some input on that.
3 I talked to Heartland -- I went down there
4 and one some work for them, I helped them gravel the
5 road and put the road in down there. AgPro was down
6 there at that time, I talked to them. They assured me
7 there was no explosive hazard and there was no odor
8 hazard.
9 And in the last two years there's been an
10 odor hazard and it is putrid. I talked to Justin (sic)
11 myself last Sunday. He did come down. I seen him
12 driving on the road doing his air tests. Within the 20
13 minutes of talking to him, I don't know if they quit
14 pumping air to their digesters or what they did, but
15 the odor was gone. (Indiscernible).
16 CHAIRMAN FREEMAN: Okay. Thank you very
17 much.
18 MS. MARK: I'm Joan Mark. I live about a
19 mile west of the plant and I just wanted to
20 (indiscernible).
21 Right now when we took our petitions around,
22 it's about three miles out that people would smell it.
23 And at 40 percent. So at 100 percent does that mean
24 that six miles out they're going to be smelling it when
25 it really gets cranked up (sic)?
74
1 I understand nothing (sic) natural occurring
2 (indiscernible) bogs and coal mines and it's supposed
3 to be odorless and colorless. But (indiscernible) has
4 people out there checking odors.
5 Evidently the other day my brother saw a CSU
6 van out there checking odors (indiscernible). But my
7 brother said, you know, I don't have a problem with
8 (indiscernible) but that (indiscernible) nothing about
9 that.
10 If you open your window and you give it a
11 sniff test to see if you want to go out or hang your
12 laundry out. Or open your windows to cool your house
13 off at night.
14 And something that wasn't mentioned was, I
15 have heard, I didn't see it, that there were black
16 plumbs of gas coming out here for fire and they were
17 burning it off at one time. Also I read articles from
18 NPR and PBS about how they wanted to do documentaries
19 of this plant. But no one ever asked what the
20 neighbors think and that's all (indiscernible) to know
21 what the neighbors think of the plant. I don't think
22 that that is a very good score (sic).
23 And in coal mines they used to put a canary
24 there, and if the canary died (indiscernible). And I'm
25 wondering how long a canary would last --
75
1 CHAIRMAN FREEMAN: You need to address your
2 questions to us. Go ahead, but you need to address
3 your questions to us, not to them.
4 MS. MARK: I'm wondering how long a canary
5 would last on the stack (indiscernible) facility.
6 And I'm a third generation out there, fourth
7 generation on the way. I do not intend to sell my
8 house. It's my home. I really love it out there, but
9 I love living out in the country where I can go outside
10 (indiscernible).
11 CHAIRMAN FREEMAN: Okay. Thank you.
12 Good morning.
13 MS. JOHNSON: My name is Jean Johnson. I
14 live at 24133 County Road 38. It's approximately one
15 mile south and to the east of the plant.
16 (Indiscernible). I have lost two siblings to
17 cancer, and the only explanation that I can get from
18 the doctor is probably something that we were exposed
19 to in our childhood, where we grew up.
20 I am raising probably one of the only
21 families out there that has (indiscernible). And I
22 really question what I'm exposing these children to.
23 And are they going to have to have (indiscernible).
24 There was a letter sent out in 2009
25 supposedly to the residents of the area. You know,
76
1 we're out in the middle of the country and I think some
2 of us get forgotten. To a lot of us it means
3 (indiscernible) this is our gated community. We love
4 it out there.
5 But this letter was only sent out to a few
6 people. And it states in here: This digestion process
7 will occur within sealed concrete vessels in steel
8 (sic) below ground level. The methane gas will be
9 cleaned and compressed within (indiscernible)
10 manufacturing equipment and there will be no emissions
11 of noxious odors from this facility.
12 Again, most of us only gained access to
13 Phil's number within the last couple weeks. I can
14 guarantee you -- at first I told him, I do not want to
15 call you every day, but I am going to be calling you
16 every day because of these odors.
17 He told me there was going to be a fix
18 (indiscernible). It has not been fixed. It says that
19 they have tried different things. It's not working.
20 They need to change it.
21 I'd like to show you this letter that was
22 sent to us. I'd also like to hand you the petitions
23 that we -- the ladies have graciously gone out and
24 collected all the signatures of all the people that --
25 can smell this. Because I can guarantee you there is
77
1 way more than 91 complaints.
2 CHAIRMAN FREEMAN: Okay.
3 MS. JOHNSON: 23 gatherings of this out there
4 is not enough. We live it every single day.
5 CHAIRMAN FREEMAN: Okay. Go ahead and just
6 give that to our County Attorney. Thank you.
7 Okay. Is there anybody else from the public
8 that wishes to come forward?
9 (No response.)
10 CHAIRMAN FREEMAN: Okay. Seeing none, I will
11 close the public input and bring it back to -- I'll
12 bring it back to you, Jason, for any comments based on
13 what you've heard.
14 MR. THOMAS: Yeah. This represents all of
15 the conversations I have had. Not everyone that came
16 up to speak today knows who I am or has been introduced
17 to me. I make myself available, particularly because I
18 am trying to understand these odors and when they come,
19 and when they don't come. What are the meteorological
20 impacts? What's causing the odor to come and go?
21 As far as the toxicity. It's a putrid,
22 rotting odor. It's the same odor you get off of a
23 landfill and other such things. It's not toxic. Some
24 of the gasses that comes off of the stack have the
25 potential to being toxic. That's why they are
78
1 regulated.
2 We are issuing the start-up notices and there
3 is continuous monitoring associated with those, which
4 are not yet in place because the system's not
5 operational, fully operational yet, so.
6 I believe it has gotten better. So Steve
7 mentioned that he'd been smelling the odor for two
8 years. The facility's been running for two years, I've
9 been there for two years. We started with a very small
10 system, proof of concept, and that system had its own
11 air permits and other such things.
12 And then we started up the big facility
13 toward the beginning of this year. By "started up," I
14 mean we started to start it up. We started feeding it,
15 we started breaking in the materials.
16 So the increase in odors over the last nine
17 months, as Steve's mentioning, I absolutely understand
18 why they started to come and get worse as time went on.
19 As having been at the facility for that
20 entire time, my impression is that we've made some good
21 progress. But I'd like to go back to what I said at
22 the end of my presentation. Better doesn't mean done.
23 We continue to pursue the odors through engineering
24 controls, to more reliable, which take into account
25 these meteorological effects of the odors.
79
1 CHAIRMAN FREEMAN: Okay. Board have any
2 questions, comments, (indiscernible)?
3 COMMISSIONER KIRKMEYER: Well I do have a
4 question and I also have some comments.
5 So, certainly -- and I think the whole Board
6 appreciates the idea that you're wishing to be good
7 neighbors and you're attempting to be good neighbors
8 and good citizens. That's good news.
9 We're in a situation, though -- so I told you
10 before where I live. I live next to the Northglenn
11 Wastewater Treatment facility. I live about a mile
12 away. It's in the section to the west of me. And so
13 I've experienced those kind of smells that they're
14 talking about, and they happen at 3:00 in the morning
15 and they do wake you up. And they travel along the
16 little ditch or they travel along the creek bed, or
17 they travel along the gully way, and they can be three
18 miles away, because my neighbors three miles away have
19 experienced it as well.
20 So I want to know how we're going to get to a
21 resolution and how we're going to get this fixed. And
22 I think your neighbors, and they are your neighbors as
23 well as you're their neighbor, have expressed that they
24 wish to be good neighbors as well. They just want to
25 be able to live in their homes.
80
1 So it does concern me when I hear the
2 neighbors talking about that their nose is burning,
3 their eyes are watering, you know, their throat is dry.
4 I mean, those are not good signs. My guess is it's
5 probably from ammonia. But I don't really know because
6 I'm not a chemist either. But we have a Commissioner
7 who has done microbiology, so I'm sure she'll jump in
8 here at some point.
9 So we need to get it fixed. And I think
10 you're committed to getting it fixed. So, a couple of
11 things. First question is, what is the State doing?
12 What are they requiring you to do?
13 You know, we had the same situation in this
14 county a number of years ago, and it was called the
15 feedlot, you know, east of town here, and there was a
16 lot of things that that feedlot had to go through to
17 clean up the issue and to resolve the issue.
18 So my first question, and I have others. But
19 my first question is, what is the State requiring you
20 to do?
21 MR. THOMAS: We received a certified letter in
22 the mail classified (sic) from the State particular to
23 the out of compliance reading by Phil Brewer from April
24 the 27th. And currently they've asked us to set up a
25 meeting to discuss that reading. Beyond that they
81
1 asked us to keep in compliance with the air permit that
2 they submitted to the facility.
3 The air permit that they submitted to the
4 facility requires a dilution threshold of 15:1. So the
5 County's requirement through the USR is actually more
6 restrictive than the State.
7 COMMISSIONER KIRKMEYER: Uh-huh. So, there
8 is enough here to take this from a Probable Cause to a
9 Show Cause. And I don't want anyone to think that that
10 means your permit's getting revoked. It could. It may
11 not, kind of thing. But there's enough here for the
12 Board to be able to make that decision, at least in my
13 opinion.
14 So, I want to know what you also think about
15 the idea of having the community -- and I'm not going
16 to call it an oversight committee because I don't think
17 oversight's the appropriate word. But certainly a
18 community advisory committee, if you will.
19 Because I would agree with them, I think they
20 do have a right to know and a right to be informed. And
21 I think neighbors need to talk to neighbors here. Which
22 means you need to talk to them, they need to talk to
23 you. So I want to know what you think about that idea,
24 that community advisory committee, if you will.
25 MR. THOMAS: I support the idea of the
82
1 community getting together. Not that they've been --
2 the neighbors would be responsible to do anything but
3 help me understand the odor and help me understand the
4 actions and measures that we are putting into place are
5 having an effect (indiscernible).
6 It's actually critical. Because I may put a
7 bunch of energy and effort into something that doesn't
8 work. I may think of, you know, at the facility that
9 everything is working, and then, you know, stop working
10 on that.
11 Community involvement is critical to the
12 success of my odor mitigation progress and program, and
13 having more people involved in that is actually
14 beneficial to me because it spreads the effect and my
15 understanding of the impact of the community and helps
16 me to make wise, appropriate decisions, in the
17 administration of the plan to the mitigation of the
18 odor.
19 COMMISSIONER KIRKMEYER: Okay. And then just
20 a couple other comments.
21 So, like I said, I think we have enough in
22 the standard to go from a Probable Cause to a Show
23 Cause, it's just simply if we find that you are
24 violating one of the Development Standards or
25 Conditions of Approval we can then take it to a Show
83
1 Cause.
2 Just so everyone understands in the public.
3 Going to a Show Cause hearing doesn't mean that a
4 permit will get revoked. It doesn't mean that it -- it
5 might get revoked. We've had Show Cause hearings with
6 landfills.
7 I don't think any of the current Board's been
8 involved in those, but we've had them with like A-1
9 Organics, we've had them with the waste tire facility
10 that's down off of Road 41 at about 20, or 18 actually.
11 And the result is, is we keep coming back
12 until we get things fixed. Because we'd like to see
13 things get fixed, because I was here in 2009 and did
14 vote to approve the facility because we were told the
15 same as what was stated by the public here today, was
16 that there weren't going to be any emissions or any
17 odors. And I believe I asked that question
18 specifically, having lived next to the wastewater
19 treatment facility. And I owned a dairy farm, so I can
20 appreciate what they're saying. I grew up on a dairy
21 farm. I mean, that's a smell that's part of the life
22 when you're living out in the country.
23 But the type of smells that are coming off
24 that wastewater facility or off of your facility, are
25 not things that are typical to what we expect out in
84
1 the country.
2 So just to be where I'm going, and if we do
3 move it to a Show Cause hearing -- I know someone said
4 that they wanted a Commissioner to be at the meetings.
5 We would not be able to be at those if we're going to
6 have another hearing. We would have to wait until
7 things got resolved, and then we could attend those
8 meetings.
9 Just so everybody understands that. It's not
10 that we don't want to be there, it's just that we
11 should not be there because we are in a quasi-judicial
12 situation and we can't be put in a position where we're
13 prejudiced or else we have to step down from decision
14 making, which would be against what our job is.
15 So where I would like to see this go is,
16 again, I think there's enough here, at least from my
17 perspective, to go to a Show Cause hearing. But what I
18 would like to see occur is, is that community group put
19 together to do just exactly what you said, so that they
20 can feed you information about what's working, what's
21 not working, what they're smelling, when they're
22 smelling it, how bad it is.
23 Because you have your logs. I mean, we all
24 know you've got your logs. You know when trucks are
25 coming in, you know when manure's coming in, you know
85
1 in everything you're doing at that plant. And then you
2 can feed them information about, here's what's
3 happening, here's what we've tried, here's what's going
4 on.
5 Because there's all sorts of things, I think,
6 that can take place between you and the community to
7 start helping make their situation better. And that's
8 what I would like to see.
9 So, those are my comments.
10 CHAIRMAN FREEMAN: Okay. Commissioner Cozad.
11 COMMISSIONER COZAD: Since Commissioner
12 Kirkmeyer did put on the record that we have a
13 biologist/chemist in the group, that's me. I actually
14 have a degree in cell biology and chemistry, so I do
15 understand the process and what's going on out here.
16 And I was really glad to see, Jason, some of
17 your solutions because in my a lot of the
18 questions I had are, you know, why not do some aeration
19 out there, why not cover some things. You know, some
20 of the other questions I had is, do you potentially
21 have any types of leaks in your valves, and those kinds
22 of things.
23 I'm sure you've looked at all those things.
24 But, you know, I'm trying to figure out why you're
25 having these plumbs of odor happen. You know, a lot of
86
1 times my guess would be it's the organic material
2 that's coming in and going through, you know, the open
3 -- the process that you showed earlier. That would be
4 my guess.
5 And I've been out there to actually smell the
6 smell. And it's actually a smell like if you have
7 things like chicken and weird things in your trash and
8 you leave it in the house for a day. You know, that
9 odor -- it's a very similar odor to that. And it is
10 like rotting food, is actually the way I would describe
11 it. I think I've heard other people describe it a
12 little bit differently.
13 But, yeah, I agree with Commissioner
14 Kirkmeyer that this has really impacted the people that
15 live out there. And I do want to say, though, on
16 behalf of Jason, I really appreciate the amount of time
17 and efforts both you and Phil have put into
18 investigating all of this and looking at it
19 But I think that's just the first step. And
20 I do think we need to actually resolve what's going on
21 out there. And to me kind of the things that popped
22 out to me where covering the areas that are open.
23 And then just looking at the letter that was
24 from AGPRO, that one of the public -- I can't remember
25 who it was, it might've been Jean, that Jean brought
87
1 up. You know, the neighbors were told that there would
2 not be any noxious odors, and I understand there's a
3 Development Standard that has the threshold of 7:1. And
4 we only have one documented 7:1 threshold that's been
5 exceeded, so we don't really know for sure if we've
6 exceeded that number or not.
7 And I'd like to hear from you all whether or
8 not there is any way to monitor that. If there isn't
9 an odor monitoring process, other than just calling
10 Phil and having him come out there. Because I think
11 part of the issue is by the time he gets out there, you
12 know, the odor can be dissipated.
13 So, I'd like to maybe hear some of your ideas
14 about some of that odor monitoring that might be able
15 to happen as well. And I do like the idea of the
16 community being involved if there's changes that are
17 going on out there.
18 But I think also, just talking to them about
19 what are they experiencing. And I think you get that
20 but it's usually from an odor complaint standpoint. So,
21 you know, maybe if you're meeting with them regularly
22 you can start seeing some trends, some things that are
23 happening certain times a day, all this kinds of
24 things.
25 One of the things that I think is, you know,
88
1 really important about this group of people that are
2 here today, that you heard from, and I know some of
3 them, but I know some of them, and I know the Martins
4 that are not here today. And generally they're very
5 open to new things happening and new businesses coming
6 in, and I think in general the people that live out
7 there are open to this facility being there. But I
8 think they want you to be a good neighbor.
9 And, you know, even if it doesn't quite, you
10 know, go over that threshold on a regular basis, if it
11 happens once or they feel like it's an odor issue out
12 there, it is something they experience and they're
13 impacted every day.
14 And so I think just working with them from a
15 neighbor end standpoint, even if it's not going over
16 the threshold, I think that would be really beneficial
17 to you as a company moving forward, and I hope that you
18 will do that.
19 Other than that, I would like to see a plan put in place
20 that would address the concerns in making sure that you're
21 going to stay in compliance. Because, like I said,
22 even though we've only had one documented over 7:1, I
23 think potentially there could have been more 7:1
24 readings, but nobody was out there to monitor that.
25 So I do think there is enough evidence to go
89
1 forward with the Show Cause. And as Commissioner
2 Kirkmeyer said, it doesn't necessarily mean that, you
3 know, we would revoke your permit. As a matter of fact
4 she brought up other examples.
5 I actually worked in the private sector,
6 worked for Tetra Tech, which is an engineering firm
7 that did a lot of odor compliance for wastewater
8 treatment. But I actually worked for clients that came
9 in front of this Board when I wasn't on this Board. And
10 the Board was very good about working with applicants
11 and owners of companies to make sure that, you know,
12 you are working well with the neighbors that are
13 impacted by the development that's out there.
14 So I feel comfortable with doing that. And
15 again, I would like to see a plan put into place and
16 see what those ideas are to keep and make sure that
17 your odor issues are in compliance. I think you've got
18 some good ideas up on your slide, but I would like to
19 see those things implemented.
20 CHAIRMAN FREEMAN: I'm sorry. Commissioner
21 Conway.
22 COMMISSIONER CONWAY: It's okay. There was
23 three members of the public that asked a question that
24 I would like to refer back to Phil Brewer as our air
25 quality expert.
90
1 That was in regards to the chemical make-up
2 of the plumb that they were -- that they expressed
3 concerns about. I know you only have 23 samples in
4 terms of things.
5 As somebody who goes out regularly and tests
6 for a whole variety of things in terms of air quality.
7 Was there anything in those 23 samples that would alarm
8 you as a health professional in terms of the toxicity
9 of the plumbs that you sampled for by the odors?
10 MR. BREWER: To answer your question the
11 answer is a qualified no. But what I have felt all
12 along is that if there is something in these odors that
13 is greatly toxic, then I think that could be an OSHA
14 problem --
15 COMMISSIONER CONWAY: Okay.
16 MR. BREWER: -- for the employees who are
17 working right in it without respirators.
18 COMMISSIONER CONWAY: Okay.
19 MR. BREWER: I don't know if OSHA has even
20 reviewed it.
21 COMMISSIONER CONWAY: Okay.
22 MR. BREWER: These hydrogen sulphide, the H2S
23 levels are strictly controlled by their air permits.
24 H2S of course is toxic. And the employees there do
25 carry H2S monitors when they're around the plant.
91
1 COMMISSIONER CONWAY: Okay.
2 MR. BREWER: I was offered one when I was
3 there, so.
4 COMMISSIONER CONWAY: Okay. And that's for
5 safety purposes?
6 MR. BREWER: Yes.
7 COMMISSIONER CONWAY: It elevates.
8 And I guess it will go back to the plant
9 manager in terms of that. You monitor for your
10 employees, is that correct?
11 MR. THOMAS: Yes. So the employees monitor,
12 whenever they're in the facility and the monitor, it's
13 a four-way gas monitor for explosives (sic) for oxygen
14 content, carbon monoxide and H2S. The H2S limit is
15 alarming at 5 parts per million H2S. And when we have a
16 hydrogen sulfide safety procedure by which they would
17 evacuate, assuming they didn't understand or know what
18 the source of H2S was. H2S is a concern of the
19 facility. But the facility is designed to manage it
20 and mitigate it and (indiscernible).
21 In addition, H2S analyzers were installed in
22 the facility, as required by the air permit; that
23 throughout the facility it continues to monitor H2S and
24 record it. It's actually a regulated emission point.
25 It's called (indiscernible) of emissions.
92
1 (Indiscernible).
2 Somebody -- I'm sorry, I'm starting to get
3 confused. But somebody asked about the out leakage.
4 COMMISSIONER CONWAY: Yeah.
5 MR. THOMAS: This is what we're talking
6 about. This is the fugitive emission. So it is being
7 monitored and tracked on the facility at all times.
8 COMMISSIONER CONWAY: Okay. The other thing
9 I noticed, in terms of the public testimony, and again
10 it's a random sample. But there seems to be,
11 particularly southeast of the plant. Most -- I'm
12 looking here, one, two, three, four, five of the people
13 that spoke, they were within that southeast corridor.
14 Have you been looking at that as potentially
15 -- I know it's the prevailing winds. I think it was
16 Mr. Nelson who talked about the prevailing winds out
17 there because he has lived there for a long time.
18 Have you looked at that as a potential in
19 terms of how the winds are and act in terms of that
20 corridor?
21 MR. THOMAS: Yeah. I have a met (phonetic)
22 tower sitting in my office, which doesn't do a lot of
23 good sitting in your office. But we've asked for an
24 engineering analysis (indiscernible) can understand
25 what are those progression.
93
1 I was surprised when Phil started informing
2 me that we're getting some reports from our east and
3 southeast, or south and east (sic). That's over the
4 hill.
5 COMMISSIONER CONWAY: Right.
6 MR. THOMAS: And we kept considering that the
7 odors were settling into Beebe Draw and that was our
8 real concern.
9 I spent a lot of time driving over the areas.
10 I have detected the odor one time. It was read at less
11 than a 2:1 dilution threshold, which is very low. So
12 that is a wind direction, but I would say that it's not
13 a predominant wind direction.
14 COMMISSIONER CONWAY: Okay.
15 MR. THOMAS: The predominant wind seems to be
16 coming from the east and going into Beebe Draw.
17 COMMISSIONER CONWAY: Okay. But it doesn't
18 matter which direction it's blowing. We need to solve
19 it if we can (sic).
20 COMMISSIONER CONWAY: Well, again, I
21 appreciate it. I'll just thank the public for being
22 here. I know you're taking away your time from your
23 jobs, your obligations, your family.
24 I would concur with Commissioner Kirkmeyer
25 and Commissioner Cozad, that there is enough evidence
94
1 to proceed based on the violation and based on the
2 testimony today. We try to get things fixed around
3 here, having, you know, how we can move forward on
4 that.
5 I do believe communication solves a lot of
6 problems. We deal with a lot of land use issues here,
7 and it's amazing what you can get worked out in terms
8 of communicating. I know both the public and you have
9 not had an opportunity to really interact for a whole
10 variety of reasons, and I appreciate that.
11 But I do believe that a community group,
12 which you seem to be open to, in terms of creating
13 dialogue and trying to address those things, could be
14 helpful.
15 I think Mr. Welch mentioned that there's some
16 large anaerobic digesters in Europe, in terms of best
17 practices, and I'm sure you're looking at those since
18 this is the largest anaerobic digester as far as we
19 know in the United States. You are using best
20 practices on smaller ones. But I think incorporating
21 some of that information would be helpful, and maybe
22 some of the professionalism in the audience as part of
23 that community group, would, I think, be helpful in
24 terms of communication.
25 I know it's extremely difficult for you to
95
1 get a call and then try to drive down there and try to
2 get a monitor. In terms of the issues of 24 -hour
3 monitoring, I don't know how we proceed on that. I'd
4 look to Phil in terms of monitors.
5 First of all, I think -- and I'd turn to the
6 County Attorney on this. We have to measure from --
7 give me your interpretation in terms of how air
8 monitoring on a facility like this could be done.
9 MR. BARKER: The standard says, Reg. 2 that
10 you measure it at the property line or beyond.
11 COMMISSIONER CONWAY: Okay.
12 MR. BARKER: Given that it dilutes -- there's
13 a high probability it's going to dilute as you get
14 further away. Testing at the property line is typically
15 the best evidence.
16 If you want to set this for a Show Cause
17 hearing, you could ask the Applicant to set up some
18 sort of monitoring, either through a private company to
19 do that, and they may be agreeable to do so, or they do
20 it on their own, or you ask Phil --
21 COMMISSIONER CONWAY: Okay.
22 MR. BARKER: -- to go and do it on a regular
23 basis.
24 COMMISSIONER CONWAY: Thank you. Phil, do
25 we, in terms of most of your monitoring unless you get
96
1 an odor violation you go to the location. Do we have
2 examples out there in terms of where air monitoring, in
3 terms of away from the property boundary happens on a
4 regular basis or data is collected? Can you think of a
5
6 MR. BREWER: If that is somewhere, I'm not
7 aware of that.
8 COMMISSIONER CONWAY: Okay. So we have to
9 look at that and see how that might take place.
10 MR. BREWER: I would certainly have to
11 consult with some meteorological experts on doing
12 something like this.
13 COMMISSIONER CONWAY: You know -- and then
14 I'll wrap up here because we've got two other
15 Commissioners to discuss this.
16 I guess from my standpoint, I think folks
17 here just want it fixed. I think you got neighbors
18 that want to work with you in a cooperative manner to
19 get this done. I view this in the context of, let's
20 figure out what's causing this, which I think you're
21 trying to do in terms of this, what kind of mitigation
22 can take place to either dilute the odor or seal the
23 odor or whatever.
24 I do go back to that USR letter that is
25 signed by Mr. Naylor and others that says there'll be
97
1 no odor. I think Ms. Johnson submitted that record for
2 the record. It's pretty plain in there that when this
3 USR was approved, and I did vote for it in 2009, like
4 Commissioner Kirkmeyer, and I remember the questions
5 because Commissioner Kirkmeyer because of her past
6 background in terms of landfills and wastewater
7 facilities, was always very vociferous on those items,
8 and we discussed that.
9 And I know, one, how pleased we were to be
10 able to have a facility, the first anaerobic digester
11 in the State of Colorado. And, you know, it's a need
12 out there. We have to dispose of animal waste and this
13 seemed to be a win -win solution.
14 But, you know, my definition of private
15 property rights is your private property rights can't
16 impact somebody else's private property rights. And
17 it's clear by the evidence here today that people's
18 private property rights are getting greatly impacted in
19 a negative way.
20 I know you don't want to see that continue to
21 happen, and I think we need to move forward in terms of
22 some way of coming up with a solution that we can have
23 a win -win here, in which you all continue to do the
24 things that you're doing out there without impacting
25 your neighbors.
98
1 So, how we proceed on that, it's open for
2 discussion. But that's where I am, Mr. Chairman.
3 CHAIRMAN FREEMAN: Thank you. Commissioner
4 Moreno.
5 COMMISSIONER MORENO: Mr. Chair, the fellow
6 Commissioners have made some great comments to
7 everything here to what's happened here. And I don't
8 think there is any clear answer to how to mitigate
9 everything. At this point I think Heartland, you're
10 still investigating. I know you've made a major
11 investment in your company here and I think you want to
12 succeed with this, but it's got to be succeeding with
13 the area being very successful.
14 And when I say that I mean with your
15 neighbors. I believe that you want to work with them
16 and I know there's been a lot of comments made. I
17 mean, Commissioner Conway mentioned, I think it was Mr.
18 Welch's comments about some other best practices
19 outside of the area and maybe looking into it a little
20 bit more. Maybe there's just some more information that
21 everybody can bring to the table.
22 I thought that the suggestion of putting
23 together maybe a group to work with you in maybe
24 helping put some ideas out there, because I don't think
25 the neighbors have any clear idea of how to take care
99
1 of it and I don't think the company has any idea of how
2 this will be solved.
3 I know this may not come across very well
4 because I know that this is a financial impact to you,
5 but to maybe help in the meantime slowing the operation
6 down to maybe 50 percent. I know I heard that, but
7 maybe that just would not work at all until things can
8 be investigated a little bit more.
9 I know, Commissioner Conway you made the
10 comment about the southeast corridor. I was making my
11 notes here, and it seemed like a number of that
12 information coming from just the citizens here. I know
13 there's other citizens that we're hearing outside of
14 even a two mile radius that are talking about this.
15 So, I'm with my fellow Commissioners. I want
16 to get to a point where I think you want to get to,
17 where your neighbors want to get to, is mitigating this
18 process so we can find a solution, but I don't see
19 where that answer is and I don't think anybody in this
20 room sees where the answer is yet.
21 CHAIRMAN FREEMAN: Okay. So I would agree
22 with what my fellow Commissioners have said. I don't
23 really know what I can add.
24 I do really want to thank the neighbors for
25 coming today. You know this is part of the process.
100
1 This is how we learn about what's going on. We really
2 appreciate you taking the time to do that.
3 I really appreciate Heartland's -- just their
4 explanation of what's going on, what they're attempting
5 to do. And I do believe that they want to fix this. I
6 mean I think it's really -- obviously it's very
7 important to them that it gets fixed, and it's very
8 important to you that it gets fixed. And I agree with
9 the fact that I think working together with the
10 community thing, and just continuing to try and find
11 the solution, I think it's a win -win for everybody if
12 we can get there.
13 And I guess I have confidence that you guys
14 have the ability and the technical people that you can
15 bring in to figure out and how to get us there. So,
16 that's kind of where I'm at.
17 And with that I -- Commissioner Kirkmeyer.
18 COMMISSIONER KIRKMEYER: So, Mr. Chairman,
19 this is probably going to sound just a little bit
20 weird. But I'm thinking that we should set the Show
21 Cause hearing for August 29th, which is about seven
22 weeks out. And I understand that seven weeks is a
23 short time frame to come up with your long term
24 reliable effective solutions.
25 But the reason I'm saying August 29th is,
101
1 because quite frankly, I'd like to hear a progress
2 report. I'd like to know what's going on since I can't
3 go to the meetings.
4 So I'd like to hear, one, obviously at a Show
5 Cause hearing we need to hear about how the applicant
6 is working to be in compliance with the USR permit,
7 that's required. But I'd also like to hear the
8 progress report on the total plan for compliance. I
9 think I would also like to hear how the community group
10 meetings are going and what's working there. I'd like
11 to hear about, and I think the Board would like to hear
12 about if there's additional monitoring taking place or
13 if there's going to be more intense sampling, what's
14 actually occurring out in the area.
15 I'd also like to hear more about what's going
16 on with the State. And I guess, just in general a
17 progress report. And I'd also like to know if we have
18 an emergency operations plan in place for that area. I
19 don't think that was a condition that we were putting
20 on in 2009. I know we do it now.
21 But in general, I'd just like a progress
22 report. And the only way the Board can get that
23 progress report, because we can't do it in work
24 session, we can't go to a community meeting, is to have
25 it here where everyone gets to hear it.
102
1 So, that's why I'm saying that we need to set
2 the Show Cause hearing for about seven to eight weeks
3 out. Seven weeks seemed to be a good date in looking
4 at our calendars. But I'm open to hearing from the
5 Board if they have a different date that they'd like to
6 hear from, and then I'm willing to make the motion.
7 CHAIRMAN FREEMAN: And Commissioner, you said
8 August 29th?
9 COMMISSIONER KIRKMEYER: Yes, which is a
10 Monday.
11 CHAIRMAN FREEMAN: It is a Monday.
12 COMMISSIONER KIRKMEYER: So it would be at
13 9:00.
14 CHAIRMAN FREEMAN: I would guess I would like
15 to have it on a Monday when I'm going to be present.
16 COMMISSIONER KIRKMEYER: Oh, so you're not
17 here that Monday?
18 CHAIRMAN FREEMAN: No.
19 COMMISSIONER KIRKMEYER: Sorry. I was trying
20 to look at the calendar. I didn't see that you were
21 out.
22 COMMISSIONER CONWAY: The next Monday, so
23 Labor Day.
24 CHAIRMAN FREEMAN: It is.
25 COMMISSIONER KIRKMEYER: The next one is
103
1 Labor Day. So, September 12th then maybe? Maybe that
2 would give a couple of times for a couple community
3 meetings?
4 COMMISSIONER COZAD: I'm actually out that
5 day.
6 COMMISSIONER KIRKMEYER: Okay. How about
7 August 22nd then?
8 COMMISSIONER COZAD: Can we do it on a
9 Wednesday, or no, we probably shouldn't.
10 COMMISSIONER CONWAY: Land use. These folks
11 will have to sit through a lot.
12 COMMISSIONER KIRKMEYER: I mean because we
13 have to go through the process of a Show Cause hearing.
14 Are you out the 22nd of August?
15 CHAIRMAN FREEMAN: Somebody's out every
16 Monday it looks like.
17 COMMISSIONER KIRKMEYER: So, is the 19th?
18 CHAIRMAN FREEMAN: That one works.
19 COMMISSIONER CONWAY: That one works.
20 CHAIRMAN FREEMAN: That's a ways out but that
21 one works.
22 MR. THOMAS: That gives me more time.
23 COMMISSIONER KIRKMEYER: And we would get a
24 progress report?
25 CHAIRMAN FREEMAN: Are you talking about
104
1 August or September?
2 COMMISSIONER KIRKMEYER: September 19th.
3 CHAIRMAN FREEMAN: It looks like everybody's
4 here.
5 COMMISSIONER KIRKMEYER: Otherwise there will
6 not be enough time to get anything done. But I'm
7 saying I think it would be good for everyone to be
8 here.
9 CHAIRMAN FREEMAN: Yeah, we need all five.
10 COMMISSIONER KIRKMEYER: So, with that --
11 COMMISSIONER CONWAY: Can you hold before you
12 make your motion, because I don't think we're giving
13 clear direction in terms of the community engagement
14 here in terms of what we're asking the applicant to do,
15 or Heartland, in terms of putting this together.
16 Are you going to give some direction in terms
17 of that? Because I think that's going to be really
18 important over the course of the next two months.
19 COMMISSIONER KIRKMEYER: So we can make
20 comments and attempt to give direction.
21 COMMISSIONER CONWAY: Yeah. That's all I --
22 COMMISSIONER KIRKMEYER: But a motion, quite
23 frankly, is just to schedule the Show Cause hearing. I
24 would hope that the owners in this case, would take to
25 heart our direction and our comments that we're making
105
1 with regard to the progress report that we'd like to
2 see or the progress that we would like to see over the
3 course of the next couple of months.
4 But quite honestly, our motion is just
5 whether or not we find evidence to take a Probable
6 Cause to a Show Cause. Period. We can't add
7 conditions, we can't add Development Standards. We can
8 only pretty much give our thoughts and give suggestions
9 on direction.
10 COMMISSIONER CONWAY: Okay.
11 COMMISSIONER KIRKMEYER: So, with that I will
12 make the motion and then we can all comments.
13 So, I would move that the Board finds the
14 evidence -- that the Board odes find evidence that
15 there is sufficient Probable Cause to schedule a Show
16 Cause hearing. I set the date for that Show Cause
17 hearing to September 19th, 2016, at 9:00.
18 COMMISSIONER COZAD: Second.
19 CHAIRMAN FREEMAN: Okay. Moved by
20 Commissioner Kirkmeyer, seconded by Commissioner Cozad.
21 MR. BARKER: Mr. Chairman, what I would ask,
22 specifically, that you state those facts that you find,
23 because you're making a finding of probable cause.
24 CHAIRMAN FREEMAN: Sure.
25 COMMISSIONER KIRKMEYER: And I would refer to
106
1 the Resolution then in front of us, that the Board
2 initiate the consideration of the Show Cause
3 hearing whether or not the permit holder's in
4 compliance with the following Development Standards of
5 MUSR14-0030 and it's No. 17: The facility shall
6 operate in compliance with the applicable Colorado Air
7 Quality Control Regulation, company with any permits
8 issued by the Air Pollution Control Division.
9 No. 21: In accordance with the Colorado Air
10 Quality Control Commission regulations, No. 2, odor
11 detected offsite shall not exceed the level of 7:1, the
12 7:1 dilution threshold.
13 And No. 44: The property owner or operation
14 will be responsible for complying with all foregoing
15 Development Standards. Noncompliance with any of the
16 foregoing Development Standards may be reason for
17 revocation of the permit by the Board of County
18 Commissioners.
19 MR. BARKER: What are the facts, though, that
20 form the basis of your determination of Probable Cause?
21 Remember, they're defending against it. They, for due
22 process purposes, need to know what the facts are that
23 you have found probable cause on.
24 COMMISSIONER KIRKMEYER: So the fact is that
25 we found them in violation of the 7:1 dilution
107
1 threshold odor standard. I don't have the exact date.
2 CHAIRMAN FREEMAN: April 27th.
3 COMMISSIONER KIRKMEYER: April 27th --
4 COMMISSIONER CONWAY: April 27th, 2016.
5 COMMISSIONER KIRKMEYER: Thanks.
6 CHAIRMAN FREEMAN: Okay. Been moved by
7 Commissioner Kirkmeyer, seconded by Commissioner Cozad
8 to move to go ahead and set a Show Cause hearing on
9 September 19th at 9:00 a.m.
10 CHAIRMAN FREEMAN: Make the motion.
11 MR. BARKER: Go ahead, make the motion and
12 second.
13 COMMISSIONER KIRKMEYER: So then my comments
14 again, we can't give -- we're not putting extra
15 conditions on the Development Standards at this point.
16 But certainly we can give you some direction and some
17 of our thoughts.
18 And over the course of the next nine or ten
19 weeks, whatever it is now, based from my perspective
20 what I would like to see if a community group that is
21 formed so that they have the opportunity to garner
22 information and gain information about what's going on
23 at the facility, and that the facility has the ability
24 to get the information from the neighbors and start
25 working together.
108
1 Because I think everyone's end goal here is
2 to get this resolved. I think also Commissioner Cozad
3 mentioned putting in your plan. I guess we'd like to
4 see what the plan is for compliance. The plan is for
5 controlling and keeping -- I think one of your slides
6 said something, you're looking for a long term,
7 reliable, effective solution. I couldn't agree with
8 you more.
9 So, essentially by having the Show Cause
10 hearing in September, we are holding your feet to the
11 fire.
12 We'd like to have more information about
13 what's going on with sampling and monitoring. We'd
14 like to have more information, what is actually in the
15 air, if that's possible. And also again I already
16 talked about the community group. But also, if you've
17 looked at any other facilities, whether it's in Europe
18 of wastewater, treatment facilities for your best
19 management practices.
20 And again, I would add on to my comments.
21 You know, I do applaud what you're doing. I know it's
22 tough what the owners here are doing, but you really
23 are trying to make it better and you're trying to be a
24 good neighbor. And as you said, you believe you're
25 getting better but you're not done yet and you're not
109
1 done yet (sic). So it's our job to hold your feet to
2 the fire and help you get into compliance.
3 And I also applaud the neighborhood for
4 coming out, your neighbors, for coming out and speaking
5 to the Board and presenting us -- I know you sent us a
6 lot of emails and stuff. I would hope that now we can
7 really push those towards this community group.
8 But I do applaud you for coming and being
9 reasonable and being respectful and very well thought
10 out in your comments to the Board. It does help,
11 believe me. It's a lot easier for us, and our ears
12 were open wider, when people are being respectful and
13 reasonable and well thought out, versus just coming up
14 and yelling at us, because that just really doesn't
15 help. All it does is, we got yelled at and we didn't
16 really hear everything that you probably want to tell
17 us.
18 So, appreciate everyone coming today, and I
19 do mean everybody coming today. And I think -- you can
20 give that to the County Attorney.
21 UNIDENTIFIED MALE SPEAKER: Thank you.
22 COMMISSIONER KIRKMEYER: And I think, you
23 know, I think it will be good. I think we can get to
24 where everybody's good neighbors and we get this
25 resolved. That's what would be my hope.
110
1 CHAIRMAN FREEMAN: Okay. Commissioner Cozad.
2 COMMISSIONER COZAD: I agree with
3 Commissioner Kirkmeyer's comments. I don't really have
4 much else to add except with the findings. I know that
5 we did have an incident on the 27th of April that we
6 had an exceedance of 7:1, but we don't know for sure if
7 there's been days it has gone above that 7:1 threshold.
8 It just hasn't been detected.
9 So I think I will be looking forward to our
10 hearing in September and I think Heartland will do a
11 good job and work with the neighbors. And I think also
12 putting together a plan.
13 You know, it would probably be in your best
14 interest to maybe monitor offsite or on your property
15 line and show that you haven't exceeded the 7:1 or
16 you're not exceeding 7:1. Because right now that is
17 the standard that is in your Development Standard for
18 your permit of the USR.
19 And again, Jason, I just want to thank you
20 because I've seen -- I've been copied on the emails,
21 basically for the last few months, and you have been
22 very responsive and I really appreciate that. And I
23 know that you're trying to work with the neighbors,
24 especially the ones close by. And Phil, thank you too.
25 But again, I also agree, thank you to
111
1 everybody that came out because it is taking away from
2 your day and you are impacted by this, and so I
3 appreciate you being here and testifying today.
4 Other than that I think you covered all the
5 things that I'd like to see in September, and outlined
6 it very well. So, thank you.
7 CHAIRMAN FREEMAN: Okay. Commissioner
8 Conway.
9 COMMISSIONER CONWAY: I'll be brief. This is
10 an opportunity, not only is it an opportunity to solve
11 the odor problem that's been impacting the community,
12 but I think you'll find out things out of this that you
13 can find to work in a collaborative manner. Maybe
14 avoid problems down the road.
15 So we would really encourage the community to
16 take advantage in the next two months with Jason, I
17 assume, who's going to be tasked with this opportunity,
18 and really kind of work on this. I think there's some
19 great technical expertise based on what I heard here,
20 that hasn't really been inputted yet that I think could
21 be helpful to you.
22 So, I do appreciate the fact that the
23 applicant is owning this. They are coming forward and
24 they're saying, look, as they said the air control can
25 be better (sic) but not done, we can do better. And I
112
1 think that's kind of really what we're all striving to
2 do.
3 And I think all the neighbors -- your
4 neighbors, and they are your neighbors as Commissioner
5 Kirkmeyer said, want is their quality of life. And I
6 know that's what you want. You don't want to have your
7 facility negatively impacting their ability to have
8 weddings, barbeques, or people over to their house. I
9 know that.
10 So, let's go forward, let's fix this and
11 let's see what we can do over the next 60 days to kind
12 of right the ship here. So, thank you.
13 COMMISSIONER MORENO: Mine's very very short.
14 And I want to thank Mr. Thomas and Mr. Daley, you came
15 all the way from Virginia, right? You know the
16 seriousness of this hearing and the importance to your
17 company, so we very much appreciate you and very much
18 appreciate everybody that's here as to what's been
19 stated by fellow Commissioners. It really is the great
20 minds coming together here, and we'll get to,
21 hopefully, a good thing from the 29th -- I mean the
22 19th of September. Thank you.
23 CHAIRMAN FREEMAN: All right. I don't think
24 I have anything else to add other than, you know, this
25 really is important. It really is important to get
113
1 this fixed. I mean it's just critical because
2 obviously we would love to come back on the 19th with a
3 demonstration that shows that all of a sudden we're not
4 having the issues out there that we're having now. I
5 think that's really important and I have full
6 confidence that will happen.
7 So with that, we do have a motion and second.
8 All in favor?
9 (En masse aye.)
10 CHAIRMAN FREEMAN: Opposed?
11 (No response.)
12 CHAIRMAN FREEMAN: Motion carries. And
13 seeing no further business, we are adjourned.
14 (Meeting adjourned, 12:03 p.m.)
15
16
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18
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Agren Blando Court Reporting & Video, Inc. 114
1
2
3 CERTIFICATE
4
5 I, Randel Raison, certified electronic
6 court transcriber, do hereby certify that I typed
7 the proceeding in the foregoing matter from audio
8 recording, or the transcript was prepared under my
9 direction, and that this is as accurate a
10 transcript of what happened at that time and place
11 as best as is possible, due to conditions of
12 recording and/or duplicating.
13
14
15
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19
20
01-17-2017
21
22 Date /s/Randel Raison, CET 340
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 PROBABLE CAUSE HEARING CONCERNING A MINOR AMENDMENT TO
USE BY SPECIAL REVIEW PERMIT, MUSR14-0030 - HEARTLAND BIOGAS, LLC, before the
Weld County Board of County Commissioners, on July 11, 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 6th day of February, 2017.
Esther E. Gesick, Notary
Weld County Clerk to the Board
ESTHER E. GESICIC
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
< $>
$12,000 40:8
< 0>
01-17-2017 114:12
< 1 >
1 3:2, 19 12:13
40:16
1:00 45:16, 18
10 6:11 33:6 68:4
100 62:14 67:2
73:23
10th 6:20 14:17
11 1:1 55:20, 21
61:10
11:00 44:24
11th 7:8
12 13:15 46:6
12:03 1:1 113:14
120,000 29:17, 22
129 35:25
12th 103:1
13 8:20, 20
131 35:25
13th 25:5
14-0030 1:1 3:4,
16 5:14 106:5
14030 18:7
15 57:22 68:4
15:1 81:4
16 12:13
16:1 12:12, 15
34:16
17 4:2 106:5
1704 6:15
17-04 3:18 4:20
5:3, 18
18 83:10
18612 61:5
19108 65:23
19th 103:17 104:2
105:17 107:9
112:22 113:2
1st 39:22 40:12
41:16 42:4
< 2>
2 4:8 20:4 95:9
106:10
2:00 22:2, 4
2:1 12:4, 8, 9, 17
93:11
20 44:17 58:4
59:23 64:25 73:12
83:10
200 40:16
200,000 29:8
200:1 40:16
2009 54:20 75:24
83:13 97:3 101:20
2013 5:2 54:25
2015 5:14 6:21
8:8
2016 1:1 6:22, 25
7:7, 8 24:6 51:25
105:17 107:4
2017 4:19
21 4:6 20:1, 6
106:9
21st 4:19
22 51:17
22nd 103:7, 14
23 14:16 15:20
20:13 21:3 58:7
68:12 77:3 90:3, 7
23295 70:9
24 3:10 5:9 30:2
32:18 33:22 35:14
43:19 51:9, 16
62:23 67:23 71:17
24125 72:8
24133 75:14
24589 63:10
24 -hour 95:2
24 -hours 43:19
25 29:9 33:13
25th 5:2, 14
27th 6:25 24:10
39:15 80:24 107:2,
3, 4 110:5
29th 100:21, 25
102:8 112:21
2nd 61:11
<3>
3 29:23 44:25
3:00 79:14
30 33:6 58:4
30th 7:7
34 21:11, 11
340 114:22
38 63:10 65:24
67:19 75:14
<4>
4 3:11
4:00 45:1
4:1 12:17
40 3:13 10:25
11:5, 6, 9 34:17
70:4, 9 73:23
400,000 38:21
41 83:10
42 11:4 72:8
44 4:10 106:13
47 11:5 65:23
49 3:12 7:15
11:4, 10 21:11
61:5 63:21
4th 45:2 61:12
< 5>
5 11:18 33:21
91:15
5:00 22:2 34:4, 6
50 5:11 36:1
62:18 70:4 99:6
500 5:13 6:19
54:25 72:19, 25
5th 6:22
< 6>
6 3:11
60 112:11
600 11:18 34:18
600,000 34:25
64 3:11
6th 45:23
< 7>
7 15:21 30:2
32:18 35:14 51:16,
17 62:23 67:23
7:1 4:9, 22 6:24
11:22 12:2, 16
16:4 19:25 20:5
46:4 55:6, 16
56:11 87:3, 4
88:22, 23 106:11,
12, 25 110:6, 7, 15,
16
70 -foot 3:24
< 8>
8 33:21
8:00 45:17, 18
8:1 12:16
800 70:10
< 9>
9:00 68:6 102:13
105:17 107:9
9:41 1:1
91 6:22 8:13
58:7 77:1
95 37:22
98 27:11
< A>
A.M 1:1 22:2, 4
107:9
A-1 83:8
ability 100:14
107:23 112:7
able 17:4 37:22
38:7 53:9 58:1
60:18 79:25 81:12
84:5 87:14 97:10
abreast 63:3
absolutely 78:17
accelerate 71:11
accept 62:24
acceptable 12:20
accepted 16:8, 13
access 7:15 76:12
account 78:24
accountable 43:24
accurate 114:9
accurately 58:20
acronym 64:7
act 92:19
ACTING 2:10
actions 82:4
activities 24:12, 14
activity 63:24
actual 9:10 13:7
35:7
add 16:18, 19, 21
17:13 54:12 99:23
105:6, 7 108:20
110:4 112:24
added 7:18
addition 3:23 7:23
91:21
additional 5:6
6:11, 15 7:22 10:7
24:14 38:9 48:14
63:20 101:12
address 8:10, 14,
22 23:6 54:7
60:15 61:3 70:9
75:1, 2 88:20
94:13
addressed 57:16
adjacent 3:12, 13
adjourned 113:13,
14
administration
82:17
adults 67:4
advantage 111:16
advisory 81:18, 24
aerate 47:24
aeration 85:18
Ag 63:23 64:18
65:8
ago 13:22, 25
59:23 60:4 63:13
70:17 80:14
AgPro 73:5 86:24
Agren Blando Court Reporting & Video, Inc.
2
agree 19:7 68:16
81:19 86:13 99:21
100:8 108:7 110:2,
25
agreeable 95:19
agreed 13:20
agreement 43:3
ahead 14:11, 20
16:3 20:12 23:4, 5
33:19 39:11 48:22
54:3, 15 61:7 75:2
77:5 107:8, 11
ain't 72:20
Air 4:3, 5, 7, 25
9:15, 19 11:24, 25
12:4, 6, 7, 11, 12, 13,
14 13:2, 2, 13, 17
16:8, 13 18:25
20:2 36:14, 16
37:8, 8, 17, 23
39:17 45:22 46:23,
25 47:12 58:14, 17
61:24 62:11, 12, 19,
23 64:22 67:23
68:1 73:12, 14
78:11 81:1, 3
89:24 90:6, 23
91:22 95:7 96:2
106:6, 8, 9 108:15
111:24
alarm 90:7
alarming 91:15
Alex 63:11
allow 43:4
allowed 30:11, 13
62:17, 18
alluded 16:25
aluminum 30:16,
17 31:9
amazing 94:7
amended 3:3 5:24
AMENDMENT 1:1
3:16, 23 5:19 6:9,
16,17 7:13, 17
ammonia 80:5
amount 6:10
23:25 42:16 47:22
86:16
amounts 27:20
anaerobic 3:20
25:19, 20 26:20
27:17 29:13, 22
52:22, 25 60:13
94:16, 18 97:10
analysis 9:10
92:24
analytical 12:23
56:24
analyzed 13:6
analyzers 91:21
analyzing 13:2
and -a -half 21:9
animal 3:19 97:12
animals 55:8
annoying 66:25
annually 13:14
answer 7:25 9:4
15:22 24:2 90:10,
11 98:8 99:19, 20
answered 51:20
answering 51:6
antidotal 9:11
anybody 77:7
99:19
apologize 46:9
59:15 61:4
appeals 64:12
APPEARANCES 2:1
appeared 10:25
applaud 64:10
108:21 109:3, 8
apples 40:2
applicable 4:3
106:6
Applicant 8:9
95:17 101:5
104:14 111:23
applicants 5:22
89:10
application 6:9
49:23 50:5 63:17
applied 64:17
applies 49:23
applying 63:16
appreciate 59:14
83:20 86:16 93:21
94:10 100:2, 3
109:18 110:22
111:3, 22 112:17,
18
appreciates 79:6
approaches 12:23
appropriate 39:20
42:16 81:17 82:16
approval 7:14
65:15 82:25
approve 42:17
83:14
approved 4:17, 20,
22 5:4, 15 7:12, 24
41:18 54:24 97:3
approximately 5:11
61:5 68:21 75:14
April 6:25 24:10
25:5 39:15 45:23
51:25, 25 80:23
107:2, 3, 4 110:5
area 8:6 9:17
11:15 31:3 41:5, 7
65:7 67:3 69:5
75:25 98:13, 19
101:14, 18
areas 40:18 53:14
60:16 71:18 86:22
93:9
arresters 36:22
articles 74:17
asked 16:20 47:14
60:11 66:16, 19, 20
67:9 74:19 80:24
81:1 83:17 89:23
92:3, 23
asking 63:1 104:14
asks 43:24, 25
assign 63:1
assigned 42:9, 15
ASSISTANT 2:12
associated 10:12
28:21 78:3
assume 111:17
assuming 91:17
assured 73:6
atmosphere 36:18,
20 46:24
at's 108:15
attempt 104:20
attempting 79:7
100:4
attend 84:7
attended 64:1, 16
ATTORNEY 2:11, 12
77:6 95:6 109:20
attributed 14:7
audience 94:22
audio 114:7
auger 32:4, 7, 7
33:1, 7, 8
augers 32:4
August 100:21, 25
102:8 103:7, 14
104:1
authority 71:11
authorize 58:24
availability 42:23
available 12:23
44:5, 9, 23, 23 45:4
77:17
averages 8:19
avoid 111:14
aware 52:24
63:13 71:8, 10
96:7
aye 113:9
<B>
back 17:21 27:18
29:19, 20 42:22
45:1 54:20 55:7
64:6 72:4 77:11,
12 78:21 83:11
89:24 91:8 96:24
113:2
background 5:20
23:13 25:2 56:23,
24 97:6
bad 31:14 54:23
56:11, 11, 15 64:4,
14, 15 65:13 84:22
bank 68:1
bar 55:24
BARBARA 2:1
barbeque 56:6
barbeques 112:8
BARKER 2:11 95:9,
12, 22 105:21
106:19 107:11
barrier 32:9
based 3:21 9:16
20:15 52:11 77:12
94:1, 1 107:19
111:19
basically 7:20
110:21
basin 5:8
basis 16:9 88:10
95:23 96:4 106:20
batch 3:22
bean 30:17
beans 30:17, 18
bed 79:16
Beebe 9:18 93:7,
16
beginning 68:20
78:13
BEHALF 2:1 48:12
86:16
believe 48:4 49:3
50:16 58:8, 17
63:15 69:14 71:9,
23 78:6 83:17
94:5, 11 98:15
100:5 108:24
109:11
beneficial 82:14
88:16
best 53:3, 8, 15, 22
55:6 60:12, 14, 16
94:16, 19 95:15
98:18 108:18
110:13 114:11
better 23:13 25:2
42:7 45:19 46:11,
16 48:20 66:4
78:6, 22 85:7
Agren Blando Court Reporting & Video, Inc.
3
108:23, 25 111:25,
25
beyond 18:20
28:1 80:25 95:10
big 25:23 28:22
31:9 41:3 78:12
bilogicals 11:16
bin 31:14
biofeed 35:8
biofilter 47:1, 1
biofilters 47:9
biofiltration 46:23
BIOGAS 1:1 3:4, 9
23:10, 16 25:4
61:9
biological 27:15
37:7 38:13
biologist 85:13
biology 23:23
27:16, 21 35:3, 6
36:2, 8, 8, 9 38:17
85:14
biology's 57:12
BioRem 28:10
37:5, 5, 19, 19 38:3,
10
BioRems 28:11
47:9
bio-separator 6:13
bit 16:21 31:5
32:15 42:7 55:1
59:23 86:12 98:20
99:8 100:19
black 74:15
bladder 25:23
blanketing 47:2
blew 40:21
blow 36:14, 16
blowing 11:17
34:18 46:23 93:18
blown -out 38:16
blows 72:23
BOARD 1:1 2:1,
10 4:15, 20 5:4
14:8 79:1, 5 81:12
89:9, 9, 10 101:11,
22 102:5 105:13,
14 106:1, 17 109:5,
10
Board's 83:7
bogs 74:2
border 3:10
bought 40:19
boundaries 7:19
boundary 7:20
21:15 96:3
breakfast 45:3, 3
breaking 78:15
breaks 42:20 64:22
breathe 62:11
breathing 61:24
BREWER 2:13 9:4,
9, 13, 25 10:2, 5
14:2,16,19,21,24
15:8, 13, 15, 22, 24
16:7, 13 17:6
18:4, 6, 12, 16, 19,
22 19:13, 16 20:16,
19 21:1, 8, 17, 19
22:1,6,12,15,19,
24 69:22 80:23
89:24 90:10, 16, 19,
22 91:2, 6 96:6, 10
brief 25:11 111:9
briefly 45:21
bring 23:24 26:9,
10 28:13 77:11, 12
98:21 100:15
bringing 27:20
72:14
brother 74:5, 7
brought 26:15
31:15, 15 38:25
41:8 86:25 89:4
BRUCE 2:11
buckets 30:12
bugs 27:24
bugs, 27:24
build 23:23 27:15
36:12 63:22
building 6:12 7:23
27:21 31:3, 10, 17,
22 64:11
built 65:6, 9
bunch 82:7
bunched 8:21
bunches 9:24
burn 62:12
burning 66:8, 8
68:8, 8 74:17 80:2
burns 56:18, 18
business 27:9
48:4 56:7 64:11
113:13
businesses 88:5
buy 67:16
<C>
calendar 102:20
calendars 102:4
California 62:10
call 11:15 24:4
27:24 28:9 37:5
39:7 45:2 55:22
57:23 67:24 69:21,
23 76:15 81:16
95:1
called 10:20 67:25
80:14 91:25
calling 39:12
43:10 76:15 87:9
calls 10:7 44:24
71:12
canary 74:23, 24,
25 75:4
cancel 56:8
cancer 75:17
canned 30:12
canvas 31:19, 21
capability 28:1
capacity 49:5
62:18
capitalist 64:9
captured 25:23
car 61:20
carbon 91:14
Care 30:9 98:25
carries 113:12
carry 90:25
case 9:19 104:24
cases 44:22
categories 57:5
CAUSE 1:1, 1 3:3,
9, 15 7:9 53:21
67:1 81:8, 9
82:22, 23 83:1, 3, 5
84:3, 17 89:1
95:16 100:21
101:5 102:2
103:13 104:23
105:6, 6, 15, 16, 16,
23 106:2, 20, 23
107:8 108:9
causing 77:20
96:20
CDPHE 24:7
cell 85:14
center 70:1
certain 8:18 21:25
23:25 48:16 87:23
certainly 39:8
54:13 79:5 81:17
96:10 107:16
Certificate 5:24
certification 13:10
24:7
certified 7:8 13:12,
12, 13, 14 24:16
44:12 80:21 114:5
certify 114:6
CET 114:22
cetera 26:14
34:15 50:23
CHAIR 2:1 48:24
51:2 98:5
CHAIRMAN 3:1
4:18 8:3, 11 9:1,
3 14:1, 8, 11 15:2,
4,16,18 16:3, 17
17:14, 18 20:7, 12
21:21 23:1, 4
33:19 48:21 51:3,
19 52:17, 20 53:25
54:2 59:9 60:25
61:3, 7 63:7 65:21
68:15, 18 69:9
70:6 72:6 73:16
75:1, 11 77:2, 5, 10
79:1 85:10 89:20
98:2, 3 99:21
100:18 102:7, 11,
14, 18, 24 103:15,
18, 20, 25 104:3, 9
105:19,21,24
107:2, 6, 10 110:1
111:7 112:23
113:10, 12
challenge 28:25, 25
66:24
change 7:17 50:22
58:5, 6 59:2 76:20
changed 44:18, 18
54:24 72:12
changes 5:3 6:18
36:3 44:16 87:16
changing 5:5, 9
check 17:4
checking 74:4, 6
checks 46:8
chemical 39:25
40:15, 17, 20 41:6,
9 42:24, 25 43:2, 4,
5 46:8, 14 50:4, 12
53:18 62:3 66:17
90:1
chemically 39:23
chemicals 50:9, 14
chemist 56:24
66:18 80:6 85:13
chemistry 85:14
chicken 86:7
childhood 75:19
children 66:14
67:3 75:22
chop 32:12
chose 39:22 63:22
64:1
CHRIS 2:14 3:6, 7
8:5 10:23 11:2
16:25 20:15, 18
citizen 23:18 48:5,
6, 9
citizens 14:13
Agren Blando Court Reporting & Video, Inc.
4
79:8 99:12, 13
City 18:11
clarify 19:18 51:23
clarifying 8:12, 17
14:9 19:10 20:11
22:8 48:24
Class 3:19
classified 80:22
clean 62:12 80:17
cleaned 76:9
cleaning 25:24
38:5 47:20, 22
57:7
clear 6:12 7:22
22:9 57:17 97:17
98:8, 25 104:13
CLERK 2:10
clients 89:8
clipboard 54:7
clog 27:5
close 15:21 17:12
21:16 28:8, 9
77:11 110:24
closed 31:23
61:18 71:21
closest 37:19
70:10, 15
cloud 62:3, 7
CO2 37:11, 15, 16,
24
coal 74:2, 23
collaborative
111:13
collected 76:24
96:4
college 56:5
COLORADO 1:1
4:3, 7, 25 7:3
16:9 20:2 27:12
30:9 97:11 106:6,
9
colorless 74:3
come 9:23 16:5, 5
23:5 26:19, 22
29:11 32:5, 12
33:14, 15, 21, 22, 23
34:4, 6 41:23 43:1
54:5, 6 63:24
64:13 66:12 68:1
71:14 73:11 77:8,
18, 19, 20 78:18
87:10 99:3 100:23
113:2
comes 25:12
26:23 33:1 35:8,
13 66:10 77:24
comfortable 60:5
89:14
coming 8:21
11:13 47:11 65:7
70:23 71:4 74:16
83:11, 23 84:25, 25
86:2 88:5 93:16
97:22 99:12, 25
109:4, 4, 8, 13, 18,
19 111:23 112:20
commence 24:5, 7
commenced 23:20
commend 72:14
comment 9:21
60:19 99:10
comments 9:5
19:7 23:6 54:9
77:12 79:2, 4
82:20 85:9 98:6,
16, 18 104:20, 25
105:12 107:13
108:20 109:10
110:3
Commission 4:8
16:8, 14 20:2 60:3
72:18 106:10
COMMISSIONER
2:1, 1, 1, 1, 1 8:3,
4, 9, 11, 12, 25 9:2,
8, 11, 23 10:1, 4
14:10, 12, 18, 20, 23
15:1,3,4,6,11,14,
17, 19, 23 16:2, 4,
12, 15, 20 17:18, 20
18:2,5,9,14,17,21,
23 19:14, 17, 21, 24
20:1, 3, 9, 20 21:2,
12, 13, 14, 20, 21, 22
22:4, 7, 13, 16, 20,
25 24:3 30:2, 4, 23
31:6, 18, 24 32:17,
25 33:18, 20, 25
34:5, 10 35:16, 20
48:22, 23 49:7, 12,
15 50:3, 14, 19, 24
51:1, 3, 4, 5, 11, 15,
18, 20, 22, 22 52:3,
6, 8, 13, 19, 21 53:2,
7, 13, 17, 24 59:11,
18 60:7, 23 63:2
68:19, 25 69:2
79:3 80:6 81:7
82:19 84:4 85:10,
11, 11 86:13 89:1,
20, 22 90:15, 18, 21
91:1, 4, 7 92:4, 8
93:5, 14, 17, 20, 24,
25 95:11, 21, 24
96:8, 13 97:4, 5
98:3, 5, 17 99:9
100:17, 18 102:7, 9,
12, 16, 19, 22, 25
103:4, 6, 8, 10, 12,
17, 19, 23 104:2, 5,
10, 11, 19, 21, 22
105:10, 11, 18, 20,
20, 25 106:24
107:3, 4, 5, 7, 7, 13
108:2 109:22
110:1, 2, 3 111:7, 9
112:4, 13
COMMISSIONERS
1:1 2:1 3:1 4:15,
21 5:4 23:8 71:8
72:3 96:15 98:6
99:15, 22 106:18
112:19
commissioning
28:12
committed 23:17
48:18 80:10
committee 58:24
59:19 60:8 81:16,
18, 24
common 9:6
commonly 56:9
communicating
94:8
communication
94:5, 24
community 44:5
45:5 48:5 58:21,
24 59:5, 19 60:8
63:2, 3 71:14, 25
72:15 76:3 81:15,
18, 24 82:1, 11, 15
84:18 85:6 87:16
94:11, 23 100:10
101:9, 24 103:2
104:13 107:20
108:16 109:7
111:11, 15
companies 89:11
company 30:19
48:12 52:1, 10
62:21 66:19 70:20
71:12 88:17 95:18
98:11 99:1 106:7
112:17
comparable 53:3
comparison 40:4
complain 64:5
70:17
complainant 10:12,
14
complainants 9:6
10:18 21:3 22:21
complaint 10:22,
24 14:14 20:25
87:20
complaints 6:23
8:13 10:13, 15
14:25 15:20 20:13
21:24 24:17 58:7
63:25 77:1
complete 27:22, 23
28:8
completed 24:6
completing 28:7
48:14
compliance 4:3, 25
7:2 16:23 17:1
23:16 24:22, 22
25:8 39:17 46:12
48:3, 19 80:23
81:1 88:21 89:7,
17 101:6, 8 106:4,
6 108:4 109:2
complicated 12:22
comply 4:4
complying 4:12
106:14
compositing 3:19
compost 27:1, 8
39:3
compress 37:14
compressed 76:9
concentrated 12:16,
17
concept 78:10
concern 42:15
63:18 64:3 80:1
91:18 93:8 106:2
concerned 38:7
61:23 65:3 67:14
CONCERNING 1:1
3:3
concerns 59:14
88:20 90:3
concluded 13:23
conclusion 12:15
71:16
concrete 3:22
32:9 47:7 53:1
76:7
concur 93:24
concurrently 7:2
condition 101:19
conditions 44:18
82:25 105:7
107:15 114:11
confidence 100:13
113:6
confused 92:3
consider 3:2 65:6
consideration 63:6
considering 93:6
constantly 33:16
Agren Blando Court Reporting & Video, Inc.
5
construct 63:14
constructed 8:6
construction 3:22
24:5, 6 28:7 38:12
63:19 64:21
consult 96:11
contact 44:8
containing 11:25
12:6, 11, 12
containments 47:6
content 91:14
context 96:19
continue 27:23
33:11 44:21 48:6,
8 71:20 78:23
97:20, 23
continued 36:25
continues 28:21
91:23
continuing 24:13
100:10
continuous 13:8
38:8, 16 42:5
43:14 50:21 58:16
78:3
continuously 29:21
36:22 41:18 42:10,
17, 19
contracted 62:22
Control 4:4, 5, 7
9:15 13:13, 17
16:8, 14 20:2
24:12, 18 28:15
39:20 45:22 46:14
48:15 57:1 106:7,
8, 10 111:24
controlled 90:23
controlling 108:5
controls 25:16, 17
46:19 78:24
conversations
77:15
convert 26:3, 17
converted 25:21
26:16
converting 29:3
CONWAY 2:1 8:11,
12, 25 9:2, 8, 11, 23
10:1, 4 14:10, 12,
18, 20, 23 15:17, 19,
23 20:20 21:2, 12,
20 33:18, 20, 25
34:5, 10 48:22, 23
49:7, 12, 15 50:3,
14, 19, 24 51:1, 5,
22 52:3, 6, 8, 13, 19,
21 53:2, 7, 13, 17,
24 59:11, 18 60:7,
23 68:19, 25 69:2
89:21, 22 90:15, 18,
21 91:1, 4, 7 92:4,
8 93:5, 14, 17, 20
95:11, 21, 24 96:8,
13 98:17 99:9
102:22 103:10, 19
104:11, 21 105:10
107:4 111:8, 9
cool 36:2 74:12
cooling 9:20
cooperative 96:18
coordinate 34:8
copied 110:20
core 23:17
corner 55:11
corporate 23:18
48:6
corporation 59:25
Correct 17:17, 17
20:16, 19 21:18
22:24 49:5, 24
52:23 91:10
corrected 62:15
correlation 8:19
corridor 92:13, 20
99:10
costs 67:15
counties 24:21
Country 3:13 66:1,
1 75:9 76:1 83:22
84:1
COUNTY 1:1 2:11,
12 3:12 4:15,20
5:4 7:15 10:25
11:3 13:2 34:17
39:21 53:3 61:5
63:5, 10, 20 64:18
65:23 70:9 71:20
72:8 75:14 77:6
80:14 95:6 106:17
109:20
County's 81:5
couple 14:21 33:9,
15 51:4 56:22
57:4 72:17 76:13
80:10 82:20 103:2,
2 105:3
course 24:25
49:18 90:24
104:18 105:3
107:18
court 64:7 114:6
cover 40:1, 5, 21
41:6 85:19
covered 5:8 25:22
31:10, 17, 18, 20, 21
111:4
covering 86:22
covers 47:6, 7, 7
cows 26:7
cow's 35:7
COZAD 2:1 8:3, 4,
9 15:1 19:21 20:1
21:14 51:3, 4, 11,
15, 18, 20, 22 85:10,
11 93:25 103:4, 8
105:18, 20 107:7
108:2 110:1, 2
cranked 73:25
create 43:25
creating 64:12
94:12
creative 64:11
creek 79:16
critical 25:13
39:19 82:6, 11
113:1
critters 63:23
crop 67:12
cross 18:14
CSU 74:5
current 46:22
63:15 83:7
currently 24:11
32:19 60:17 80:24
<D>
dairy 26:3, 5, 7, 13
83:19, 20
DALEY 23:7, 8
48:11 52:9, 10, 14,
16 53:14, 18
112:14
damaged 30:10
dark 59:1 60:21
data 21:18 96:4
data's 58:20
date 102:3, 5
105:16 107:1
114:22
dates 46:3
daughter 55:19
56:4 63:11 64:25
day 9:7, 20 11:12,
12, 19 15:24 29:8
32:20, 22, 23 33:11,
14, 16 34:20 42:6
43:19, 19 45:2
74:5 76:15, 16
77:4 86:8 87:23
88:13 102:23
103:1, 5 111:2
days 67:20 71:17
110:7 112:11
de 70:21
deadline 40:12
42:4
deal 13:11 50:16
54:23 94:6
dealing 28:20
49:19
dealt 59:25
decade 60:3
decision 60:20
81:12 84:13
decisions 82:16
deep 31:7
defending 106:21
define 44:4
defines 45:6
definitely 56:4
67:23
definition 97:14
degree 36:1 85:14
degrees 35:25
delivery 33:1 34:8
demand 62:11
demonstration
113:3
denied 70:22
Denver 6:2
de -packaging 34:22
DEPARTMENT 2:13
3:8 5:15, 21 8:2
13:1 69:22
depends 18:23
derived 16:10
describe 14:6
28:11 55:6 86:10,
11
descriptively 14:4
design 5:9 28:19
36:13 38:9
Designation 5:24
designed 28:3, 16
38:4 91:19
designing 38:1
designs 28:17
detect 12:17 39:6
detected 4:8 12:7,
8 20:4 55:7 93:10
106:11 110:8
detection 47:17
detections 11:11
determination
106:20
determine 17:1
develop 41:12
developed 37:11
developing 56:25
57:1
development 3:17,
25 4:1, 6, 10, 12, 14,
24 5:16, 17 18:1
19:22 20:6 36:12,
23, 24 38:8 82:24
Agren Blando Court Reporting & Video, Inc.
6
87:3 89:13 105:7
106:4, 15, 16
107:15 110:17
develops 37:11, 11
47:3
device 45:24
diabetic 62:1
dialogue 94:13
died 55:8, 10 74:24
different 13:3, 17
21:25 25:15 34:3
76:19 102:5
differently 86:12
difficult 43:3 66:9,
13 94:25
difficulty 57:20
digest 35:9
digester 3:20, 24
5:8, 9, 10, 10 23:20
24:4 25:20 26:20
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Agren Blando Court Reporting & Video, Inc.
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23:22 24:19 25:6
28:1, 2, 5 29:2
30:15, 25 32:11
33:24 35:8 36:6
38:21 41:17 63:17
76:6 85:15 86:3
87:9 99:18, 25
103:13 106:22
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30:14 31:16 32:22
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processing 3:20
6:5 24:3, 4 29:1,
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32:1 33:16 34:7
37:10, 16 53:18, 19
produce 26:7 27:1,
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producer 39:7
producers 40:18
product 29:7 38:25
production 28:3, 4
38:3, 6 47:23
49:14, 21 50:1, 13,
22
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29:4, 4
professional 90:8
professionalism
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profitable 64:11
profited 64:9
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50:21 58:19 82:12
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82:12 101:1, 8, 17,
21,23 103:24
105:1, 2
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project 23:14 64:2,
10, 17 65:18
prolonged 11:16
promise 65:18
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51:24
proof 62:11 78:10
proper 35:2 38:14
properly 45:8
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67:16
property 4:11
5:12 6:18 17:8,
10, 10, 11, 16, 24
18:11,12,15,22
19:3, 11, 20 20:8,
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40:22 64:24 67:15,
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96:3 97:15, 15, 16,
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Protection 17:7
PRO-TEM 2:1
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58:10, 12
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provider 43:4
public 54:4, 5
77:7, 11 83:2, 15
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32:13
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34:24
pumping 73:14
pumps 29:21 41:13
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106:22
pursue 48:6, 8
78:23
pursued 64:2
push 32:6 109:7
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24:18 27:3 29:12
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putrid 55:5, 14
73:10 77:21
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putting 29:2 36:1
41:9 67:8 82:4
98:22 101:19
104:15 107:14
108:3 110:12
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qualified 45:22
90:11
Quality 4:4, 7, 25
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56:23
quit 73:13
quite 14:3, 4
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101:1 104:22
105:4
<R>
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Raison 114:5, 22
Ralph 23:8 27:13,
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ramping 49:8
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Range 3:11
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Agren Blando Court Reporting & Video, Inc.
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113:5
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reasonable 109:9,
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30:20
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Reg 95:9
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13:23
regards 3:15 4:1,
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8:2 90:1
regular 88:10
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90:5
regulated 78:1
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Regulation 4:8
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Regulations 4:4, 25
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Regulatory 20:3
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100:24 108:7
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71:24
renewable 3:21
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101:2, 8, 17, 22, 23
103:24 105:1
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62:20
reporting 43:17
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REPRESENTATIVE
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representatives
71:9
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65:11, 17
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91:22 101:7
requirement 81:5
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81:4
requiring 80:12, 19
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106:1
resolve 86:20
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84:7 108:2 109:25
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respond 43:13
44:4
Respondent 23:5
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24:17, 19 43:18
45:6 54:1 77:9
113:11
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responsible 4:11
82:2 106:14
responsive 110:22
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62:19 71:19
REVIEW 1:1 3:4,
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60:19
reviewed 90:20
revocation 4:14
106:17
revoke 89:3
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rich 26:18 38:19
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55:10 58:25 62:10
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rights 97:15, 15, 16,
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Road 3:12, 13
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<S>
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90:3, 7
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111:24
says 19:23, 23
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96:25
schedule 104:23
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scrubbing 37:6, 20
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Agren Blando Court Reporting & Video, Inc.
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107:7
section 3:13 11:4
29:14 69:3 79:12
sector 89:5
see 7:20 19:22
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32:2 41:4 47:5
58:18, 18, 23, 23
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111:5 112:11
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112:22
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42:23
SERVICES 2:14
3:8 5:15, 21
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set 39:21 41:17
44:11 45:2 80:24
95:16, 17 100:20
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107:8
settling 5:8 93:7
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11:25 71:17
100:21, 22 102:2, 3
Sewage 15:7 19:2
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Share 30:9
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112:13
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105:6, 15, 16 106:2,
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110:15
showed 41:20 86:3
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sic 3:6, 11 7:22
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4:17 5:3 6:1,6,7,
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92:22, 23
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84:12 85:7
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60:6
six 5:5 25:20
49:11, 18 52:11
73:24
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47:22
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Southeast 3:10
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Agren Blando Court Reporting & Video, Inc.
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Standards 3:25
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State's 24:21
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Steve's 78:17
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Storing 29:4
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34:21
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<T>
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98:21
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103:25
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tasked 48:13
111:17
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Tech 89:6
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16, 16
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36:3
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104:13, 14, 15, 16
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90:5
Tetra 89:6
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Thank 8:10 11:1
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72:5, 6 73:16
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Thanks 107:5
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Agren Blando Court Reporting & Video, Inc.
18
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Thomas 23:10
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10:15, 16 18:16
21:9 26:17 32:8,
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73:22 79:17, 18
89:23 92:12
three -and -a -half
21:6 69:16
three-quarters
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threshold 4:9, 23
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