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BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD, STATE OF COLORADO
TRANSCRIPT OF PUBLIC MEETING
HEARING CERTIFICATION
DOCKET NO. 2016-74.A
IN RE: A SHOW CAUSE HEARING, PCSC16-0004, CONCERNING A MINOR
AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN, MUSR14-0030, AND
USE BY SPECIAL REVIEW PERMIT, USR-1704, FOR A SOLID WASTE DISPOSAL
SITE AND FACILITY (INCLUDING CLASS I COMPOSTING, AN ANIMAL WASTE
RECYCLING OR PROCESSING FACILITY [AN ANAEROBIC DIGESTER -BASED
RENEWABLE ENERGY PLANT GAS], ALONG WITH A CONCRETE BATCH
PLANT TO BE USED FOR CONSTRUCTION OF THE FACILITY FOR THE
ADDITION OF A DIGESTER PROCESS AND A 70 -FOOT FLARE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - HEARTLAND BIOGAS, LLC
(9:00 A.M. TO 3:40 P.M.)
The above -entitled matter came for public meeting before the Weld County Board of
County Commissioners on Monday, September 19, 2016, at 1150 O Street, Greeley, Colorado,
before Tisa Juanicorena, Deputy Clerk to the Board, and TRANSCRIBED by Randel Raison,
Certified electronic court transcriber with Agren Blando Court Reporting and Video, Inc.
I HEREBY CERTIFY that upon listening to the audio record, the attached transcript is a
complete and accurate account of the above -mentioned portion of the public meeting.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Esther E. Gesick
Clerk to the Board
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2017-0531
PL. an72
2
1 APPEARANCES:
2 ON BEHALF OF THE BOARD OF COMMISSIONERS:
3 COMMISSIONER MIKE FREEMAN, CHAIR
4 COMMISSIONER SEAN P. CONWAY, PRO-TEM
5 COMMISSIONER JULIE A. COZAD
6 COMMISSIONER BARBARA KIRKMEYER
7 COMMISSIONER STEVE MORENO
8
9 ALSO PRESENT:
10 ACTING CLERK TO THE BOARD, TINA JUANICORENA
11 COUNTY ATTORNEY, BRUCE BARKER
12 ASSISTANT COUNTY ATTORNEY, FRANK HAUG
13 PLANNING SERVICES DEPARTMENT, CHRIS GATHMAN
14 HEALTH DEPARTMENT, PHIL BREWER
15 HEALTH DEPARTMENT, BEN FRISSELL
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1 CHAIRMAN FREEMAN: We do have one hearing, I'll
2 call Docket No. 2016-74, PL2072, Show Cause hearing
3 to Show Whether a Good Cause Exists for
4 Revocation of a Minor Amendment to a Site Specific
5 Development Plan, MUSR14-0030, and Use by Special
6 Review Permit, USR-1704.
7 MR. BARKER: Mr. Chairman, this is an action
8 in which you had a Probable Cause hearing some time
9 ago, and then you set it for today for a Show Cause
10 hearing.
11 So, what I would suggest is go ahead and open
12 it up to Mr. Gathman and then you will ask Phil to go
13 ahead and detail what the Health Department has done.
14 CHAIRMAN FREEMAN: Okay. Chris?
15 MR. GATHMAN: Good morning. Chris Gathman,
16 Department of Planning Services. Just a brief
17 background. I know it says Probable Cause on there -- it
18 should say Show Cause hearing.
19 On July the 11th there was a Probable Cause
20 hearing in regards to MUSR14-0030 in regards to three Development
21 Standards, No. 17: "The facility shall operate in
22 compliance with applicable Colorado Air Quality Control
23 Regulations and comply with any permits issued by the
24 Air Pollution Control Division."
25 Development Standard No. 21 states, "In
4
1 accordance with the Colorado Quality Control
2 Commission's, Regulation No. 2, odor detected off site
3 shall not exceed the level of 7:1 dilution threshold."
4 And Development Standard No. 44: "Property
5 owner or operator shall be responsible for complying with
6 all the foregoing Development Standards. Noncompliance
7 with any of the foregoing Development Standards may be
8 reason for revocation of permit by the Board of County
9 Commissioners."
10 I'll skip through the timeline here real
11 quick and get to an update that -- here we go.
12 So, to update the Board since the July 11th
13 hearing, this is obviously scheduled for a Show Cause
14 hearing. In the period since then, up until September
15 the 14th of this year, a total of 175 additional odor
16 complaints were logged and received.
17 It should be noted that there are no
18 instances of the facility exceeding the 7:1 odor
19 threshold during this period. And there was the one
20 event in April that was brought up at the July 11th
21 hearing where they did exceed the 7:1 threshold.
22 And just for some clarification, we do have
23 the Development Standards section of the County Code
24 that talks about non-compliance with any of the
25 approved Development Standards may be reason for
5
1 revocation or suspension. The Special Review Permit by
2 the Board of County Commissioners talks about civil
3 penalties may also be imposed by the expressed
4 agreement of the applicant.
5 The availability of these remedies in no way
6 limits the Board of County Commissioners from seeking
7 or applying any other remedies which are available for
8 non-compliance with the Development Standards.
9 We additionally attached, under Section
10 2-4-40.O of the Weld County Code that talks about the
11 criteria as far as what is being considered, that such
12 evidence and statements shall not be limited to include
13 the following. So I've got those conditions outlined
14 for the Board if you ever need those pulled up.
15 And just looking at some potential courses of
16 action should the Board decide, as far as dismissal,
17 continuance, suspension, fine or revocation.
18 I'd be happy to answer your questions or I
19 can certainly open it up to Environmental Health.
20 CHAIRMAN FREEMAN: Okay. Questions?
21 (No response.)
22 CHAIRMAN FREEMAN: Okay. Phil?
23 MR. BREWER: Since July 11th a review of the
24 emissions of permitted or regulated pollutants,
25 fugitive dust, hydrogen sulfide, odor and visual
6
1 emissions have shown that fugitive dust is well
2 controlled by repeated abundant watering of the unpaved
3 portions of the site.
4 There have been no observed emissions beyond
5 Heartland property lines. Hydrogen sulfide emissions
6 are not in exceedance of permitted limits. These are
7 controlled by the approved monitoring program required
8 in the air permits. This includes permanently
9 installed detectors and personally worn monitors by
10 on -site employees.
11 Odor has not exceeded the greater than 7:1
12 dilution to threshold residential defined in the USR
13 and the greater then 15:1 industrial level since April
14 27th, a period of five months.
15 Visual emissions have not been detected.
16 There was one event that was photographed by a neighbor
17 that has not been reportedly repeated.
18 The Weld County Health Department has
19 received about 170 complaints of Heartland nuisance
20 odors since July 11th, a total of about slightly over
21 260 since November 11th, which was the date when the
22 first complaint was received. These are telephone and
23 email reports of nuisance odor detections from
24 neighbors who live at all compass directions from the
25 plant.
7
1 Most of the complainants live southeast of
2 the plant. Complainants' reports are for nuisance odor
3 detections at any time during the day or night. Most
4 of the complaints come from residents who live closest
5 to the plant.
6 Heartland odor has been reported to be
7 detected from greater than three to six miles from the
8 plant, although these have not been confirmed by the
9 Health Department. An air Pollution Control Division
10 meteorologist has commented that it is possible for
11 odor to extend that distance with proper atmospheric
12 conditions.
13 A total of 34 on -site evaluations of odor
14 have been conducted since November 11th, the date when
15 the first odor complaint was received. 11 of those
16 on -site evaluations have been conducted since July
17 11th. These responses have been from 4:00 a.m. to 7:30
18 p.m. These have been conducted at all directions
19 around the Heartland facility.
20 Since July 11th there have been no
21 exceedances of the greater than 7:1 dilution to
22 threshold established in the DSR. There have been no
23 exceedances of either the 7:1 or 15:1 State Regulation
24 No. 2 standards.
25 On -site evaluations were conducted jointly by two
8
1 representatives of the Air Pollution Control Division,
2 and the representative of the Weld County Department of
3 Public Health on June 30th. Odor determinations were
4 conducted on site, not offsite, by the Weld County
5 Health Department and the Air Pollution Control
6 Division.
7 The results of the three evaluators were
8 identical. None of the odor concentrations were in
9 violation of the greater than 7:1 dilution to threshold
10 USR Development Standard or the State standards. All
11 odor evaluations referenced in this presentation were
12 conducted by odor certified individuals with the use of
13 certified field olfactometers. Thank you.
14 CHAIRMAN FREEMAN: Commissioner Conway.
15 COMMISSIONER CONWAY: Just one clarification.
16 You had said one event was photographed by a neighbor.
17 Do you have the date of that, Phil, when that occurred?
18 MR. BREWER: July -- I don't have that.
19 COMMISSIONER CONWAY: It was in the July
20 timeframe, though?
21 MR. BREWER: Late July.
22 COMMISSIONER CONWAY: Late July. That's good
23 enough. Thank you.
24 MR. BREWER: Last third of July.
25 COMMISSIONER CONWAY: Okay.
9
1 CHAIRMAN FREEMAN: Any other clarifications?
2 COMMISSIONER CONWAY: No, thank you.
3 CHAIRMAN FREEMAN: Okay. The Applicant or
4 the Applicant's representative would like to come
5 forward.
6 MR. BARKER: Mr. Chairman, before you get to that, just
7 a technical point. Actually in a Show Cause hearing they are
8 considered to be the Respondent.
9 CHAIRMAN FREEMAN: Oh, I'm sorry. The
10 Respondent. Okay.
11 COMMISSIONER KIRKMEYER: I could
12 probably go through and try to find it. Did you say
13 No. 24 or No. 34 about complying -- all Development
14 Standards complying with the Code, right?
15 MR. GATHMAN: Oh, I think it's actually number
16 44. It's at the very end. I can verify that.
17 COMMISSIONER KIRKMEYER: 44 is limited
18 to the plan.
19 MR. GATHMAN: I meant 34.
20 UNIDENTIFIED FEMALE SPEAKER: 34. Okay,
21 thank you. That one reads that the operation has to
22 comply with the Code. Thank you.
23 CHAIRMAN FREEMAN: Okay. And I called you an
24 applicant, I'm supposed to call you the Respondent.
25 So, would the Respondent go ahead and state your name
10
1 and address for the record and then give us your
2 comments?
3 MR. THOMAS: Good morning, Commissioners. My
4 name is Jason Thomas. I am the plant manager of the
5 Heartland Biogas facility on County Road 40 -- 49. I
6 will be presenting according to the recommendations by
7 the Board of Commissioners at the Probable Cause
8 hearing to demonstrate that we are in compliance with
9 the USR.
10 I'll be talking about the plant overview, for
11 anyone in the audience or the Commissions who would
12 have a question about the facility itself and a brief
13 description of our production status; the compliance
14 status, what we're doing to maintain compliance; some
15 engineering controls that we're going to put into place
16 to better improve the odor coming out of the facility;
17 the efforts on Heartland Biogas's part to engage the
18 community; the health effects of the odors; some
19 increased monitoring that we've done, a recommendation,
20 and then I'll give a brief conclusion.
21 We've asked for a lot of information so this
22 is going to take me just a little while. I'll try to
23 go through it as quickly as possible.
24 The Heartland Biogas plant is an anaerobic
25 digester that receives manure and organics and other
11
1 waste streams, and through anaerobic digestion it
2 converts these waste streams into beneficial use
3 products. These beneficial use products are
4 nutrient -rich irrigation water, high quality compost,
5 and renewable natural gas.
6 Currently the facility is at 40 percent of
7 its designed capacity. We are completing the
8 construction of the facility, and as we complete the
9 construction of the facility we are going through
10 commissioning and testing of the facility.
11 Our production planning. This is something
12 that's important in terms of what happens going
13 forward. We plan to do a gradual increase to the
14 design of the facility, which is important because as
15 we improve and increase to the design point, the
16 efficiencies are improved of the facility. And then we
17 gain greater experience as we operate the facility at
18 the designed point and improve our operation through
19 experience as well.
20 And then obviously to continue to monitor the
21 odors. One of the concerns is, as we increase our loads
22 and our production rates, that there would be an increase of
23 odors, and Heartland Biogas will continue to monitor
24 the odors to make sure we maintain compliance with the MUSR
25 standard of 7:1.
12
1 Our compliance status, the status of our
2 compliance in Regulation No. 2 states the two odor
3 measurements within that one hour, separated by at
4 least 15 minutes. And the MUSR states that the odor
5 threshold is 7:1 dilution threshold, so we are not to
6 exceed the 7:1 dilution threshold.
7 The compliance issue that go us in to this
8 Show Cause hearing was measured on April 27th, 2016 by
9 Phil Brewer, which is one confirmed reading exceeding
10 the 7:1 dilution threshold. Confirmed reading exceeding
11 meaning that it meets the requirements of the
12 compliance standard which is two measurements taken
13 within one hour and separated by at least 15 minutes.
14 So I'm going to actually speak to confirmed
15 readings a couple of times, so thought I'd make that point.
16 We took some information that we had, and I have this
17 slide a little bit wrong. So, in terms of compliance
18 status Phil Brewer reported that he has done 34 odor
19 observations, and the number of confirmed readings that
20 he has, greater than 7:1 dilution threshold, is one.
21 I am also certified to measure the odors and
22 I have taken 26 odor observations, and I have not read
23 the facility greater 7:1 dilution threshold. In
24 addition, and at the recommendation of the Commission,
25 Heartland Biogas consulted with Trinity Consultants to
13
1 perform intense odor monitoring of the facility.
2 They took 504 odor measurements. They did
3 read the odor five times in excess of 7:1 dilution
4 threshold. The number of times that they were
5 re -measured after 15 minutes but within 60 minutes, was
6 zero.
7 On the graph you can see that the odor was
8 measured at an 8:1 dilution threshold five times. The
9 measurements were retaken within the one hour and you
10 can see that that was done on the column here stated as
11 re -measured time in minutes.
12 The second reading was non -detectible on two
13 of the readings, less than 2:1 dilution threshold on
14 two of the readings, and a 4:1 dilution threshold on
15 one of the readings. So, out of 504 readings we have
16 eight readings in excess of 7:1 and none of them were
17 confirmed within the -- or after 15 minutes and within
18 60 minutes.
19 Based on this information Heartland Biogas is
20 compliant with the standards of MUSR14. We do have
21 one odor -- confirmed odor reading in excess of 7:1
22 dilution threshold. Heartland Biogas has done
23 extensive odor measurement around the facility to have
24 confidence in this statement.
25 We have demonstrated compliance. The
14
1 demonstrated compliance is through that extensive
2 measurement. And we have no additional confirmed
3 readings greater than 7:1 dilution threshold. So
4 Heartland Biogas is compliant.
5 One of the things that we talked about during
6 the probable cause hearing was what are we doing to
7 maintain compliance? There are some opportunities that
8 we found to improve the odor as well as maintain
9 compliance. So we are engaging the odor misting
10 systems that were spoken of during the Probable Cause
11 hearing. The misting systems remain in operation and
12 we continue to improve their operation.
13 The employees are consistently, at my
14 direction, looking at these odor misting systems to
15 make sure they remain in operation; that they're
16 properly stocked and that the water is flowing.
17 We have some post -instruction operational
18 enhancements as we've completed construction. We've
19 gotten deeper in to our operation and finding ways to
20 make the facility neater and the consistency of our
21 operation is improving the odors.
22 Growing operational experience. As we
23 operate the facility longer and longer we get better
24 experience and more experience in operating it, making
25 it more efficient and understanding its operation in
15
1 making it better.
2 One of the things that we did to identify
3 options -- opportunities for us to reduce the amount of
4 odor is, at the top the lower the temperature the
5 reduced odor.
6 We spoke during the Probable Cause hearing
7 about the ventilation of the substrate tanks. This has
8 been drawn in to the substrate tank to ventilate the
9 space on top of the fluid in the space and it is vented
10 through vents straight to atmosphere. Those were running
11 at 120 degrees Fahrenheit. 120 degrees Fahrenheit will
12 volatize the material inside the tank, increasing the
13 odor. So we've reduced the temperature in the tank down
14 to 80 to 100 degrees Fahrenheit to help reduce the
15 amount of odor that is emitted from the substrate
16 tanks.
17 We're also commissioning additional
18 equipment. The most recent being the additional
19 bio trickling filters that we put on the tail gas
20 section of the biogas upgrading system that removes
21 the CO2 and H2S from the system. So those
22 constructions that are complete and we are
23 commissioning those machines.
24 And finally, the company has made a strong
25 commitment, financial commitment to odor reduction. The
16
1 misting systems are very expensive to operate and the
2 company has greatly supported the use of that and has
3 never questioned the use of that. And additional
4 monies will be spent to improve the operation as we go
5 forward.
6 The community asked that we would maybe not
7 spend the money on the odor mitigation through misting
8 and that we would put the money toward making changes
9 to the facility, making improvements to the facility to
10 improve the odor. And our commitment is to do both. We
11 will continue to spend the money to maintain compliance
12 with the standards and control the odor, and we will
13 spend the money to improve the facility and continue to
14 improve the odor.
15 However, misting systems run on water, and as
16 we all know the cold weather is coming, and so we are
17 looking at ways to continue the operation of the
18 misting systems in to the winter. Our vendor is looking
19 at the blend of the freeze protecting product, or the
20 product that we use to neutralize the odor, to reduce
21 its freezing temperature.
22 We are also going to freeze protect the water
23 supply that supplies the misting systems. What this
24 means is heated pipe works and hoses that go to those
25 misting systems. We are targeting subzero operations
17
1 so that regardless of the weather the odor will
2 continue to be treated and we are testing that to make
3 sure that, before it gets cold, we actually know that
4 plans continue to work.
5 In addition to maintaining odors and in spite
6 of the fact that Heartland Biogas is compliant,
7 Heartland Biogas is committed to continuing to improve
8 on the odors that are generated from the facility.
9 In that way, and as discussed during the
10 Probable Cause hearing, we are engineering controls
11 that will collect and treat the odors before they get
12 out to the atmosphere. In that case we are doing
13 engineering controls on the substrate tanks and the
14 dosing tanks. These are the ones that I spoke about
15 earlier, where air is drawn in from the atmosphere,
16 blown in to this gas space in the tank and ventilated
17 through vents on the top of the tank.
18 The current design is to ventilate with air.
19 The new design will inert the tank with nitrogen. So
20 instead of continuously blowing air through the tank,
21 we will displace or we'll change out the air for
22 nitrogen, which will greatly reduce the volume of air
23 or gas that is being passed through the substrate tank.
24 In addition, we will collect the exhaust.
25 Instead of venting it to atmosphere, as it does now, we
18
1 will install pipe work that collects that exhaust, and
2 the exhaust that is collected will be drawn or taken to
3 a biofilter.
4 So, the treatment of the odor currently is
5 the use of the misting systems and the new design will
6 treat those odors with biofilters.
7 In accordance with the recommendation of the
8 Commission, we have done best management practice
9 reviews on these systems. We did review best
10 management practices for the use of biofiltration and
11 as we reviewed those designs our original design was
12 for an engineered solution biofilter, and we went out
13 to look at turnkey biofilter providers that have proven
14 performance in similar applications.
15 So we were reviewing those biofilter
16 applications to make sure that whichever we decide to
17 move forward with will properly treat the odors.
18 Project progress, initial engineering design
19 and review is complete, and the engineering design is
20 out for bid. That means that the bids will be back.
21 We'll evaluate the bids, award a contract, do the final
22 engineering for construction, procure the materials
23 necessary for construction, build it, and place it in
24 service. The anticipated completion date for this
25 activity -- or this project is March 31, 2017.
19
1 In addition to the substrate tanks and the
2 dosing tanks, we have the digester processing system.
3 The digester processing system is where the organics
4 and the wastes come in to the facility.
5 We are looking to expand another structure
6 building that is existing on site. What this
7 accomplishes for us is allows us to unload trucks
8 directly into the covered building, and also the
9 storage of materials inside the building.
10 Right now, because the building is so short,
11 we can't unload the trucks directly into the building,
12 so we unload it onto the pad and then carry it into the
13 building. So this will reduce the amount of time that
14 the material is uncovered.
15 In addition to the building, by extending the
16 fabric, the fabric building, we're going to build a new
17 covering which is going to cover the concrete pad,
18 which is where the rest of the material is unloaded, so
19 all material will be covered while it is unloaded and
20 processed at the facility. In addition to covering it,
21 we are going to collect the air off of those buildings
22 and treat them in biofilters.
23 We've done a best management practice review
24 associated with the digester processing system as well,
25 and we will be covering the substrate and receiving
20
1 process areas, which is the best management.
2 Project progress, initial engineering and
3 design and review are complete, and we are receiving
4 bids for the expansion of the building and the
5 construction of the new building. Based on our time
6 line evaluation, we anticipate the completion date for
7 this project is June 30th, 2017.
8 During the Probable Cause hearing we
9 identified other odor emitting sources from the
10 facility. These are the manure and effluent
11 pits. We are evaluating covering these pits. In
12 addition, we have the biofilters and we are looking at
13 the potential of putting in a 145 -foot stack at the tail
14 gas section of this. And then the third one
15 is the north and south lagoons, and we are evaluating a
16 microbiological process (sic).
17 In our evaluation of the odor sources we have
18 identified that the substrate tanks and the DPS, the
19 Digester Processing System, represent odors that are
20 not typical to the area. And we are aggressively
21 pursuing engineering controls for these and we will
22 continue to evaluate the odors as we pursue those
23 engineering controls. We believe that they will have
24 the greatest impact in reducing the odors that are
25 being reported by our community.
21
1 In addition, the Commission encouraged
2 Heartland Biogas to engage the community, and we did so
3 by setting up a series of meetings with the community
4 where we could; A, they could aid Heartland Biogas in
5 understanding and addressing the odor properly; provide
6 a forum for the neighbors to express their concerns to
7 us and allow us to resolve those concerns or at least
8 answer and research those concerns. It provides an
9 open communication channel between the community and
10 the facility, and it allows for information sharing
11 that I can give updates on the projects, that I can
12 give updates on our plans, the conditions at the plant,
13 et cetera.
14 We notified 44 households. We selected those
15 households, all of the households within a one mile
16 radius were notified of the meeting, and all community
17 members that had been in contact with the plant
18 directly or with Phil Brewer in reference to the odors,
19 were contacted.
20 A couple things I was very interested in
21 getting this going. I see this as being a real
22 opportunity to engage and to be a good corporate
23 neighbor. And in my excitement I went through the
24 process of getting the letter, putting it out, and I
25 did not give enough time for the people to plan and to
22
1 attend, there was a couple of days. So that was an
2 opportunity for me to improve going forward.
3 And also, the meeting date that I selected
4 did conflict with a community recreation plans. We all
5 are so proud of our Broncos, so we should not schedule
6 meetings when there are Bronco meetings. So we're
7 also taking into account the things that are going on
8 in our community and the things that community is
9 interested and making sure we're trying not to impede
10 on them.
11 The community outreach committee has met
12 three times. We met on August 11th and there were
13 approximately 25 attendees. We met again on August the
14 25th and there were approximately -- or there were 14
15 attendees. And on September 7th we met again, and
16 there 8 attendees present.
17 We have the next four meetings scheduled.
18 They are September 29th, October 13th, October 27th and
19 November 10th, and we're meeting at the Gathering
20 Place, just down the road. It's a convenient place for
21 the neighbors to meet and be able to discuss the odor
22 issues without distraction.
23 During these meetings the neighbors have
24 expressed many of the similar concerns that were
25 brought up during the Probable Cause hearing. Those
23
1 concerns are health concerns associated with the odors,
2 that they question when will the odor be reduced or
3 fixed. The potential for the community to engage in
4 odor measuring. How the property values are effected
5 by the conditions. Quality of life and the effect that
6 the odors are having on quality of life, and some other
7 issues such as dust, noise and trash.
8 I have made several presentations and engaged
9 in several conversations with the community at the
10 meetings. Those are, how the odor is measured,
11 describing in depth the use and objectivity of the
12 nasal ranger system.
13 I've given updates on the plant status.
14 There was some conversation about the relationships,
15 business relationship between EDF, Heartland Biogas,
16 LLC and A-1 Organics.
17 The benefits of the plant to the community,
18 which is a - in the AG world the use of manure, and the
19 storage of manure is difficult and my facility takes
20 some of that problem away from our community and
21 converts it into beneficial products.
22 The odor gone application. They were
23 concerned about odor gone and what it does, so we've
24 given some information on odor gone.
25 Community odor reporting preferences. We
24
1 engaged the community in how they would like to report
2 the odors, either through a hotline or through a
3 web -based application, et cetera. And at their request
4 we made ourselves available for tours.
5 We've had one tour now. We've set up three,
6 and in two of the cases weather prevented us from
7 meeting with the neighbors. The neighbors called and
8 said they couldn't make it because of the weather, and
9 the third one was just the other day with a couple of
10 the neighbors walking through the facility.
11 Some outstanding items that I owe to the
12 community. At the meetings there's a toxicity report
13 and presentation, a mitigation project schedule, which
14 we have recently finalized. A purchase of the nasal
15 rangers for the community.
16 As they request to be involved in the
17 community odor measuring, but nasal rangers are fairly
18 expensive, they're really expensive. And so, Heartland
19 Biogas has purchased two nasal rangers for distribution
20 to the community. One has been delivered and I've been
21 working with one of the community members to schedule a
22 time to get it to him.
23 The second one has not yet arrived and we're
24 looking for why it hasn't. If one can come why can't
25 two come. But as soon as it's available we will make
25
1 it available to the community, and the community will
2 then use the device to measure the odors at their
3 homes.
4 In addition, we have the odor reporting
5 hotline, which is due. I made a big effort through one
6 consulting company to initiate the hotline, the odor
7 hotline, reporting hotline. They required that it be a
8 Heartland Biogas phone number, and working through my
9 IT group I could not -- our policies do not allow us to
10 do what we needed to do to meet the requirements of the
11 odor hotline. We have a new consultant and the odor
12 hotline is being set up right now.
13 In addition, they did ask for a web -based
14 reporting structure, and we have identified a company
15 that will do that for us as well, so that is also being
16 developed.
17 We're going to schedule more tours. I think
18 it's really important that the community see and
19 experience the really cool things that are going on at
20 the facility. And then we are also looking at
21 installing a sound barrier to a particular noise source
22 which has been identified by the community.
23 One of the other things that they asked for
24 as well was an analysis of the health impacts of the
25 odors at the facility. We engaged a noted toxicologist
26
1 named Angela Harris, who is a Ph.D. in toxicology. Her
2 findings are -- and I'm just going to take it straight
3 out of what her findings are. The odor is not
4 associated with the dose or the risk, and for any given
5 chemical the concentration at which the odors can be
6 detected is different than that associated with
7 toxicity.
8 Which means your nose can pick up the odor
9 before -- in some cases the odor can be picked up
10 before you're reaching toxic levels. So the odor is
11 not a representation of the toxicity that you're being
12 exposed to.
13 The threshold for odor and toxicity vary
14 considerably among different chemicals, so some things
15 are very easy to detect at low levels of concentration.
16 H2S is a scientifically accepted indicator
17 for evaluation of community exposure to fugitive
18 emissions to biogas.
19 This is a statement she's making based on
20 published papers that have analyzed similar facilities,
21 such as anaerobic digesters, landfills, et cetera. And
22 this H2S levels -- well, I'll read the last statement.
23 My primary opinion, this is a quote from the
24 toxicologist. "My primary opinion is that H2S levels
25 in the community were significantly below those
27
1 associated with toxicity."
2 The low levels that the toxicologist used to
3 analyze this come from the odor, intense odor
4 observation that was made by Trinity Consultants, and
5 Trinity will report what they have found here in a
6 little while.
7 So, H2S levels are a good indicator of the
8 general toxicity of the odor coming from a facility,
9 such as mine. There was a lot of data that was
10 provided to the toxicologist. Based on that data the
11 toxicologist makes the statement that the odors that
12 are coming from facility are not toxic.
13 So, we have George Iwaszek, who is the
14 manager of consulting services with Trinity Consulting
15 Services in the Denver office. This is in response to
16 the Commissioners' request that we increase odor
17 monitoring. I continue to perform the odor
18 observations that I was taking, and we hired somebody.
19 George, come on up.
20 And when we hired a consultant because we are
21 in the midst of commissioning the plant and other work,
22 we wanted to make sure that we put the proper amount of
23 time and energy in to understanding the odors around
24 the facility.
25 So I've asked George to go ahead and go
28
1 through his findings on the odors in the general area.
2 MR. IWASZEK: Good morning, Commissioners.
3 COMMISSIONER CONWAY: Good morning.
4 MR. IWASZEK: We'll see if we can do this, we
5 may have to switch.
6 MR. THOMAS: We can switch right now.
7 MR. IWASZEK: Not sure if Jason mentioned --
8 well, I can just about the H2S monitoring, so I'll just
9 briefly describe that.
10 We use what's called a gold sensor device.
11 It's a highly sensitive device, measures into parts per
12 billion range repeatedly, so it's a high resolution,
13 low level detecting instrument. So, I'm not a
14 toxicologist but I've looked at the data and detection
15 thresholds a human can detect at PPB levels. So we had
16 a monitor that could detect at the same level that many
17 of us can detect H2S.
18 I just want to say a couple of brief words
19 about methodology.
20 CHAIRMAN FREEMAN: I'm sorry. Could you put
21 your name and address in to the record?
22 MR. IWASZEK: Oh, I apologize. You got it
23 all? (Indiscernible) couldn't read my slides. My name
24 is George Iwaszek. I am the manager of consulting
25 services and a managing consultant with Trinity
29
1 Consultants in Denver office.
2 CHAIRMAN FREEMAN: Okay, thank you.
3 MR. IWASZEK: Thank you.
4 CHAIRMAN FREEMAN: Now go ahead and continue.
5 MR. IWASZEK: Sure. So, just a brief word
6 about our methodology. We were engaged to conduct an
7 engineering study of the odors. As Jason mentioned we
8 did a pretty intensive study. I won't go through all of
9 the details, but we -- quality assurance is very
10 Important to us, and so we maintained quality assurance
11 throughout the process.
12 Just as an example. Before an observation
13 run using the nasal ranger, there was a routine that
14 each assessor took to make sure that the nasal ranger
15 in fact was operating. If you're familiar with that
16 device, sir. It's a simple device, but there are still
17 ways for it to malfunction. And so there's a quality
18 assurance process that way. The same with the H2S
19 monitor.
20 There is -- you may be familiar with the odor
21 wheel. It's a standardized description of odors. One
22 of the steps in the methodology was to standardize odor
23 descriptions for this study. So we visited the
24 facility. Used the odor monitor, and we will talk
25 about this in a little more detail.
30
1 One of the -- I think we saw the slide
2 earlier about the complaint log. And so that, along
3 with common sense, informed us as to where to go,
4 basically, to look for odors around the facility. And so
5 we chose certain areas near the plant that we
6 consistently monitored every observation run. And I'll
7 show you again some results of that.
8 In addition to the consistent monitoring,
9 when we detected odors, oftentimes we would go follow
10 it. You know, we heard earlier that the odors can
11 travel for some distance, and so we wanted to examine
12 that aspect of the odor transmission as well.
13 I'm generally familiar with Weld County. I
14 live next door. So I know this area, and I also live
15 in a rural area, but I didn't know this area
16 specifically. So one of the other things that we
17 wanted to do in our assessment was to understand the
18 other sources of odors in the area. And so that was
19 part of the methodology as well.
20 And this last point, by worse case
21 conditions. I think Mr. Brewer mentioned, you know, he
22 observed readings I believe he said 4:00 a.m. and 7:30
23 p.m.
24 So we know from dispersion studies that there
25 are certain times of the day, certain meteorologic
31
1 conditions that are conducive to, let's say, odors
2 being prevalent; early mornings, late nights. Some
3 conditions, sometimes moderate winds continually
4 blowing.
5 So we try -- we can't control the weather,
6 but we try to, through the varied monitoring schedule,
7 to capture worse case conditions. So we would look
8 (indiscernible) and say, oh, it looks like its calm
9 this morning, it might be a good time to go out before
10 sunrise and see what we can find. So, there's a
11 methodology.
12 So we are actually -- if you take a step back
13 and take a look at what we were really trying to
14 accomplish. We were really trying to answer some
15 questions. The questions we were really trying to
16 answer are how often are odors present.
17 So, let me back up, and I think you may have
18 mentioned this, Jason. Our monitoring period extended
19 from August 30th through yesterday, actually. So I was out
20 yesterday doing some monitoring around, so 20 days. We
21 had 39, what we call observation runs. So 39 events
22 where we went around circuit, and we went chasing
23 plumes; 504 measurements.
24 And so how often are -- you know, so the
25 questions we're asking is, how often are odors
32
1 detected? When an odor is present, how strong is it, or
2 what intensity are we measuring? How often and with
3 what intensity are odors detected near the plant?
4 And I mentioned, what about the other odors
5 in the area that may contribute to the odor profile
6 around the plant vicinity, and how far do odors travel?
7 And so this first question is, how often do
8 we detect odors during the monitoring period of August
9 30th through September 18th? I'll show you a picture
10 of this in a few minutes, but we basically looked at an
11 area about seven miles, north to south, four miles east
12 to west. And the plant wasn't exactly in the center of
13 it, I think we've seen kind of an asymmetry in some of
14 the complaints.
15 But if you think of it in terms of all the
16 cases within five miles of the plant, we detected, of
17 the 504 measurements we did, we detected odors about 50
18 percent of the time.
19 When you considered a location under a
20 downwind location. So a location could be upwind or
21 downwind, or course, right? Here's my location. If
22 the wind is blowing this way, I'm downwind. If the
23 wind is blowing the other way -- the plant is here, the
24 wind is blowing this way, this is a downwind condition.
25 If this is the plant and wind is blowing this way it's
33
1 a downwind condition, otherwise upwind condition.
2 So we wanted to capture those, because
3 obviously odors move differently in upwind and downwind
4 kinds of conditions. So if you look at it from a
5 downwind location point of view, about 60 percent of
6 the time. So when a location was downwind of the plant
7 about 60 percent of the time it was detected.
8 And I'll talk about the intensity of the
9 odors in a few minutes. And about 40 percent of the
10 time upwind. So, what's the take away from this slide?
11 The take away is that even on upwind conditions there
12 are odors in the area. No surprise there, right? So
13 the question is, how strong are those odors and what
14 kind of odors are they.
15 So this question of when an odor is present
16 how strong is it? This is another look at that data. If
17 you look at all the locations that we detected and
18 noted at 54 percent, that was about 272 locations.
19 Locations in the plant, there were 158; downwind
20 locations 219, upwind 53.
21 Now, this average odor discretion threshold.
22 So the odor scale really should be looked at in a wide
23 arithmetic meaning. But I think this representation of
24 the average odor conceptually gives you an idea of what
25 kind of odors are you detecting.
34
1 So, for example, when we say an average odor
2 detection threshold of 1.8, what that says is that if you
3 averaged the readings using a 2:1 dilution assigned a
4 level 2, a 4:1 dilution assigning a level 4. Another
5 detection assigning a level zero. But no detections
6 are here. These are only averages for when odors are
7 detected.
8 So this gives you a sense that the average
9 odor detected, at all locations in the study, was less
10 than a 2:1 dilution threshold. That's really how you
11 can interpret that number. As you can see, the other
12 numbers. But again, even in an upwind, if you look at
13 the upwind number, there's a background level.
14 This is a closer in look at -- I'm going to
15 show you a map, so I've got all the dry tables up front
16 and we'll look at some pictures here shortly, because
17 pictures tell us much more powerful stories.
18 But, if you look at the ten locations near
19 the plant that we consistently monitored, this
20 summarizes that data. So if you look at Weld County
21 Road 40, just south of the digesters of the facility,
22 there's a location there on County 40. We visited that
23 37 times. We detected an odor 20 times, and using the
24 methodology that I talked about earlier, when an odor
25 was detected we included it in an average. The average
35
1 dilution threshold was about 2.2.
2 And I won't go through every one of these
3 numbers, but you can look down the list and you could
4 see that we visited each of these locations fairly
5 frequently. And there's a decreasing level of odor
6 detections.
7 Not surprisingly, I mean if you interpret this
8 data, points closest to the plant have more
9 frequent odor detections that would be (indiscernible)
10 40, and slightly higher detection thresholds, locations
11 -- well, look at the last one for example. County 49
12 southeast of the plant. We were planning on showing
13 you on the map where that's at. Odors not detected as
14 often.
15 Now, again, I'll say that meteorology does
16 play a role in this. And so, if the wind happens to be
17 blowing from the east, quite often over your period, the
18 southeast points may not have odors detected as often.
19 COMMISSIONER KIRKMEYER: May I ask a
20 question?
21 MR. IWASZEK: Sure.
22 COMMISSIONER KIRKMEYER: Thank you. So the
23 1.9 is exceeding the threshold? It's exceeding the 1.7
24 that's in the air regulations, correct?
25 MR. IWASZEK: Oh, thank you.
36
1 COMMISSIONER KIRKMEYER: Or the 1.5?
2 MR. IWASZEK: No, no. Thank you for pointing
3 it out. No. If you want to translate this to that
4 scale, you would look at -- the first detection
5 thresholds here, you could call that a 2:1 detection
6 threshold. Every of the other nine readings you would
7 label that a less than a 2:1. That's how this average
8 works. This is not related to the 7:1.
9 COMMISSIONER KIRKMEYER: All right.
10 MR. IWASZEK: Okay.
11 COMMISSIONER KIRKMEYER: Thank you.
12 CHAIRMAN FREEMAN: Thanks that that
13 clarification.
14 MR. IWASZEK: So, one of the questions --
15 this is the last table. Promise. We're going to go
16 look at some interesting graphics.
17 Part of the question again is, are we looking
18 at representative data? And, you know, again, I
19 mentioned worse case conditions. But this first table,
20 one, we were thinking about a representative and this
21 is a sampling of various periods of time. And our
22 sampling in what I think are probably worse case times.
23 And that's what this table says. It
24 basically says that between midnight and 4:00 a.m. we
25 did nine measurements. Not a lot but it's kind of hard
37
1 sometimes to get people out there that early in the
2 morning. But we did quite a few measurements before
3 sunrise and in early mornings, which is, I think, a
4 significant worse case period.
5 And correspondingly, in the evenings between
6 4:00 and about 8:00, we also did another large chunk of
7 our measurements. But we covered all the hours. And
8 again, we tried to where we could watch the weather
9 conditions and come out to the plant to try to catch
10 things if we could. That was really the intent here.
11 I mentioned earlier the odor wheel. So when
12 we started to study we -- what do we expect to find?
13 And so these four categories are from the odor wheel
14 that these are the numerics (sic) that we assigned to
15 our measurements. So, an observer would go to a location,
16 they'd smell and they'd say, what am I smelling? I'm
17 smelling 5-0-7-S. Well, that's kind of a combination
18 of rotting vegetables, manure.
19 we're doing this well before lunch, so we can
20 get past this.
21 But that's what a 5-0-7 was, a 5-0-7-S. An
22 5-0-7 is kind of sour manure smell, versus a 5-0-8,
23 which is kind of a sweet manure kind of smell.
24 So we characterized the typical kinds of
25 aromas that we would find in the area. And this helped
38
1 us also. We collected quite a bit of data. We're not
2 presenting all of it here. But there's data that I
3 think will assist Heartland going forward with its
4 improvements to make assessments of what the impacts might
5 be.
6 Okay. So what were those locations near the
7 plant? You can see the plant here in the southeast
8 corner of this quadrant. The road along the southern
9 boundary is Weld County Road 40. The road to the north
10 is 42, and on the east is 49, and there's three yellow
11 -- there's three diamonds on County 47. So, these are
12 the standard locations and each marking observation
13 required the assessor to visit each one of these
14 locations.
15 The order wasn't always the same. Sometimes,
16 depending whether it was downwind or upwind conditions,
17 we might have started at one location versus another.
18 Every one of these was monitored during the observation
19 run.
20 So, these are the locations. You know, it's
21 a quick summary there. It just shows you the
22 monitoring period and monitoring events in this case,
23 how many times did we go out and do monitoring.
24 This graphic shows you -- I'm going to take a
25 peek and see what you can see. This graphic shows each
39
1 -- they're kind of blended together, but each of the
2 dots is a measurement point, a measurement occurred at
3 each one of those dots.
4 And so you can see there's a line pointing to
5 where the Heartland plant. You can see there's quite a
6 bit of activity around, right in the vicinity of the
7 plant, which of course is the case because those are
8 the standard monitoring locations.
9 But you can also see that the extent of the
10 monitoring still is some distance away, and, you know,
11 my estimate it's about -- the total north to south
12 extent is about 7 miles and the total east to west
13 extends about 4.2 miles, so it's quite a bit of area.
14 Again, the locations around the plant were
15 always monitored. The other locations were a result
16 of, "We smell something. Let's go find out where
17 that's going and where it's coming from."
18 Some of the southern locations, you see at
19 the very southern end of the map at the bottom of the
20 map are some significant oil and gas facilities and
21 some other feedlot facilities. Those were part of our
22 what else is in the area and try to get an idea of what
23 the background is in the area.
24 So, at this point I will take just a moment
25 to explain. When we did a measurement we characterized
40
1 the given location, what were we smelling? Is there
2 any odor? If there's no odor, that's representative of
3 a green icon here on this map.
4 If the nasal ranger reading detection was
5 less than 2:1, that is we went through the sequence and
6 we got down to the 2, and still didn't detect anything,
7 it was less than 2:1, that's represented as a blue
8 icon. The -- if a 2:1 detection was observed at a
9 location, that's the lighter blue, a 4:1 is yellow, and
10 it -- I know there's a brown there, but it's supposed
11 to be like an orange for an 8:1 dilution. We did not
12 measure any odors above 8:1 dilution and threshold.
13 I should mention the nasal ranger, and you
14 may be familiar, but this comes in different
15 configurations. We have the so-called Colorado dial,
16 which has the 8 and 16 readings on it as opposed to the
17 standard unit, which has the 7 and 15.
18 So if you read an 8 with the nasal ranger,
19 you've exceeded the 7:1 threshold. That's basically
20 what the Colorado dial is.
21 But if you take a look at this odor intensity
22 map, this happens to be a view at -- near the facility,
23 you can get a visual feel for what are we finding. You
24 know, and again, it goes back to the number that I
25 quoted earlier; that out of the 504 measurements
41
1 sought, 50 percent -- a little over 50 percent of the
2 measurements were detections. Right? And so, we're
3 not surprised to see a lot of green dots here, not
4 surprised to see a lot of blue dots of the darker blue
5 because quite a significant number of the detections
6 were less than 2:1. And we also have some higher
7 readings. But the frequency of the 4:1's and the 8:1's
8 is significantly less than the lower readings.
9 COMMISSIONER KIRKMEYER: Do we have a copy of
10 this presentation? The only dots I can see are the
11 green ones.
12 MR. BARKER: I think, Chris, you emailed it?
13 MR. GATHMAN: I sent you the PDF.
14 MR. IWASZEK: Are we doing okay? I'm trying
15 to move along but not rush through it. So watching you
16 all and I think we're doing okay, but you let me know
17 if we're not.
18 So we're going to go just through four or
19 five more slides, just kind of a sequence of what did
20 we find. So I showed you the tables, now I'm just
21 showing you the pictures of where we find.
22 The previous one was looking at the
23 locations, all the locations near the plant. Now we're
24 kind of zooming in a little bit and we're south of the
25 plant. You can see the plant there in the upper
42
1 portion of the slide. You can see one of the ponds,
2 very visible there, you see the digesters.
3 And now we're taking a closer look at what I
4 call the center locations or the nearby locations along
5 County Road 40. I want to explain that scatter. We
6 would always go back to within a pretty good
7 approximation of the same place every time. But if I
8 were to -- and so we map those coordinates. If I were
9 to put those coordinates straight into this mapping
10 program, we would have one dot and that's all you'd
11 see. So I've unofficially put some scattered in there
12 to kind of spread out the dots a little bit so you get
13 a feel for what you see.
14 And, you know, again, a close up view. We
15 see a significant amount of no odors, low odors. I
16 think if we stared at it we'd probably find a few
17 4:1's. I don't recall, I think we had one 8:1 in there
18 that was confirmed to be below.
19 But you can see what the picture looks like.
20 I wish I had a laser -- do you have a laser pointer?
21 It's the green button? Oh, that's great.
22 So, here for example, you know, this little
23 cluster, and I realize this is probably not as clear as
24 I can see here. But you can see this cluster here. You
25 can see there it looks like there's a yellow dot here,
43
1 there's a yellow dot here. But this standard location,
2 this is one of the standard locations; this is another,
3 this is another.
4 You can see, here's another standard
5 location. You can see dots along 47. So again -- and
6 here's some along 49. Oh, and this one's not very
7 visible. This is another standard location southeast
8 of the plant. So I think when you have the actual
9 presentation you'll be able to see this more clearly
10 and you all will kind of see the same picture.
11 You know, you get the idea that there are a
12 fair number of measurements going to center locations,
13 and as we're driving along on our circuit, if we detect
14 something we stop and we measure.
15 So here's an example of we're driving along
16 County 49, maybe going down this -- well, maybe coming
17 away from it we just found something. We stopped, got
18 out, measured it, did a nice stress (sic) reading, and
19 that was recorded, and that becomes one of the 504
20 measurements. Okay? So that's south of the plant.
21 Here's a corresponding look at north of the
22 plant. So here's the plant down here, here's the dairy
23 that's northwest of the facility. That was one of the
24 standard points. We wanted to get a feel for what was
25 going on out there. Here's another standard point just
44
1 due north of the facility.
2 There's two closely spaced points here,
3 there's a residence here. And the purpose of these two
4 closely spaced points was to get a feel for maybe how
5 odors are -- width of a plume. And I think if we went
6 back, and I don't recall, but I think if we went back I
7 think we'd find that typically these numbers behaved
8 the same way.
9 One of the things that's interesting to me is
10 how these odors are propagated in general and, you
11 know, is it possible they have no plumes or are they
12 wider and dispersed. Based on our study I think they
13 behave kind of as you'd expect, and knowing meteorology
14 they tend to disburse as they go on, count conditions
15 aside.
16 Okay. So this odor intensity north of the
17 plant. So, this question of how far do odors travel.
18 We did --
19 COMMISSIONER COZAD: Can I ask a question?
20 MR. IWASZEK: Yeah.
21 COMMISSIONER COZAD: George, can you go back
22 to the previous slide?
23 MR. IWASZEK: Sure.
24 COMMISSIONER COZAD: And, thank you, Chris,
25 for sending this. It's just now (indiscernible).
45
1 On the north, on the north side, it looks
2 like the cluster that's straight north, is there a
3 reddish dot in there?
4 MR. IWASZEK: Yeah, there's an 8:1. That was
5 one of the 8:1 points.
6 COMMISSIONER COZAD: And then is there one
7 further, over by the dairy?
8 MR. IWASZEK: Yeah. There were -- we
9 actually measured a number of 8:1 points; five of which
10 was we attributed to the plant based on up and down
11 conditions. There were also some 8:1's measured by the
12 dairy, but agricultural operations are exempt of course, so we
13 didn't do repeats there. So, yes, there are some there
14 too.
15 COMMISSIONER COZAD: Okay. Thank you.
16 MR. IWASZEK: And I think, since we're right
17 there, there's another one here someplace. That might
18 be one there and there may be another one, yeah.
19 COMMISSIONER COZAD: Okay, thank you.
20 MR. IWASZEK: Sure. So, I just want to talk about
21 plumb casing, and we're almost to the end. I just one
22 more slide after this to show you. But we want to, in
23 addition to kind of the standard locations, what else
24 is going on in the neighborhood. And as I said, if we
25 detected a plumb, detected an odor, we would oftentimes
46
1 try to follow it and see where did it end up.
2 And our conclusion, based on our 20 -day study is
3 that the odors that we chased, either it would
4 dissipate or it really become indistinguishable from
5 what I would call typical agricultural areas -- odors
6 within one or two miles of the plant.
7 And I'm going to show you an example here of
8 where we did that. So, it's just one characterization.
9 The other one is that, again, in our experience these
10 odors typically come and go.
11 Only 7 percent of our readings, when we got
12 to a location, only 7 percent of the time was the odor
13 continuous. More often than not the duration of an odor
14 during a stop at a monitoring one, was what I would
15 call come, go, or intermittent.
16 In fact, we had a category at each
17 measurements points assign a number to; did you just
18 catch a whiff or is it continuous? And more often than
19 not they were coming and going.
20 We often times go through the nasal ranger
21 sequence, and at the site you smell something, you say,
22 "ah, there's something, I'm going to try to catch
23 that," and by the time you got to the end of the
24 sequence it was gone. So I don't know if Phil's
25 observed that same thing, but that's what we observed.
47
1 So they typically come and go.
2 Last slide. So let me show you an example of
3 chasing a plumb. These dots are little bigger and so
4 hopefully you can see them a little better. But this
5 illustrates, I think, the process.
6 So, it's not listed here but this is
7 September 13th. Actually I did this measurement myself.
8 So you could see that -- now, these are individual
9 points, right? And this is the circuit. And so I
10 don't recall which direction I started from, but I do
11 know that the wind was blowing from the east, so the
12 wind is blowing from here to here.
13 Here's what I recall, a non-standard point, I
14 measured it 4:1. Here we have 2:1 dilutions along
15 county 40. And so this little pattern prompted me,
16 along with the east wind, to say, I'm going to go
17 follow this and I'm going to see -- where does it end
18 up. And I, of course, am restricted to public roads so
19 I couldn't go on private property. If I could've I
20 would've probably gone down here looking. So I'm
21 restricted to really go along County 40. So I'm
22 following this plumb, right?
23 It's 2:1 here, and now just west of County
24 47 has already gotten below the 2:1 dilution threshold.
25 So it's less than 2, a little greater than 2:1, less
48
1 than 2:1. But you can see that it's already
2 dissipating. And I'll just tell you from -- and it's
3 not visible here in this graph.
4 But I'll tell you that by the time I got out
5 here to County 40 -- here's this green dot, I said I
6 don't really smell anything anymore. But I'm smelling
7 things all along County 40, but I can tell you that as
8 I got to these points out here, if I would've assigned
9 these to the plant, and certainly let's say this yellow
10 dot here, I would've assigned to the plant.
11 I'm out here and I can't tell you for sure
12 that it's plant or not, so I don't know. But this is
13 an example of chasing a plumb. So this distance is --
14 what did you tell me -- Jason says it's 3. I say it's
15 about 2-1/2.
16 COMMISSIONER KIRKMEYER: Well, every
17 section's a mile.
18 MR. IWASZEK: Right. So, one mile, that's
19 two miles, and, yeah, 2-1/2.
20 So this is an example of a plumb chasing.
21 This is how it would've happened, right? So, and I
22 think that's done.
23 MR. THOMAS: I think you have one more thing.
24 MR. IWASZEK: I have one --
25 COMMISSIONER KIRKMEYER: Could we ask
49
1 questions?
2 MR. IWASZEK: Oh, sure.
3 COMMISSIONER KIRKMEYER: I'm sure if we go to
4 afternoon I might lose my question.
5 CHAIRMAN FREEMAN: You've got a question?
6 COMMISSIONER KIRKMEYER: Go ahead.
7 COMMISSIONER CONWAY: Are you done with your
8 presentation?
9 MR. IWASZEK: I sure am.
10 COMMISSIONER CONWAY: Okay. I want to go back
11 to Jason Thomas, if I can.
12 COMMISSIONER KIRKMEYER: Oh, can I --
13 MR. THOMAS: I finished my presentation.
14 COMMISSIONER CONWAY: You finished your
15 presentation. I have questions.
16 Go ahead, if you have questions.
17 COMMISSIONER KIRKMEYER: All right. So, I
18 just want to make sure I understood your slides.
19 So you said you took -- within a 20 -day
20 period you took 504 measurements.
21 MR. IWASZEK: Correct.
22 COMMISSIONER KIRKMEYER: That's from August
23 30th to September 18th. And within that you detected that
24 54 percent of the time there was some odor, however, it
25 didn't meet the threshold, but 54 percent of the time
50
1 within 5 miles, 60 percent of the time in downwind
2 locations, and 40 percent of the time in upwind
3 locations?
4 MR. IWASZEK: Correct.
5 COMMISSIONER KIRKMEYER: Okay. But none of
6 those met the threshold that we're talking about, the
7 7:1 dilution; is that correct? Or were there some --
8 MR. IWASZEK: Within those 504 measurements,
9 and I think Jason pointed it out in one of his slides,
10 there were five 8:1 dilutions that we measured of those
11 504 measurements. So we attributed it to the plant.
12 There actually is, as Commissioner Cozad
13 asked, there were actually a few up at the Shelton
14 facility as well, too. So there were 8:1 dilution
15 measurements.
16 COMMISSIONER KIRKMEYER: So, those exceed
17 that threshold of 7:1?
18 MR. IWASZEK: Correct.
19 COMMISSIONER KIRKMEYER: And there were five
20 of those, correct?
21 MR. IWASZEK: There were five of those which
22 we then confirmed within -- the regulation to measure
23 -- at the same location no -- you know, within -- after
24 15 minutes but no later than 60 minutes. We
25 reconfirmed that all those measurements were then below
51
1 the 7:1 threshold.
2 And if I remember that slide correctly, two
3 were no detects. I think there was a less than 2, and
4 there may have been one 4 in there.
5 COMMISSIONER KIRKMEYER: Okay. And so, just
6 for us, could you describe the odor of the smell? You
7 know, because you lead such an interesting life. When
8 you were chasing a plumb what did it smell like?
9 MR. IWASZEK: The example that I showed?
10 COMMISSIONER KIRKMEYER: Yeah. Or any of
11 them. Any of the odors that you
12 (Simultaneous speaking.)
13 MR. IWASZEK: Let's use the example that I
14 showed.
15 Where am I, Jason? Actually I'm going to
16 wrong way.
17 Yeah, so let's take a look at this one.
18 I don't have my data in front of me but I
19 believe I remember this. I designated this as a 5-0-7,
20 which, if you remember in my earlier slide I said a
21 5-0-7 is a kind of a sour manure kind of smell,
22 distinguished from a 5-0-8 which is a sweet manure
23 smell. The kind that you typically might find if you
24 went out to the dairy, for example. That would be what
25 I would call sweet manure smell.
52
1 So the 5-0-7, I'm thinking that probably
2 comes from the plant, that kind of a sour manure smell,
3 at a 4:1 dilution level. I'm pretty sure I smell that
4 here at a 2:1 dilution level, and probably along this
5 road too, I smell that 5-0-7 that sour manure smell.
6 Now, one of the things that I've observed,
7 and it's not shown here. But I did go to some of the
8 larger feedlots in the area. Not to check on them but
9 just to get calibrated. And one of the things that I
10 noticed was that in all these cases it was upwind of
11 the plant. So the plant is not contributing to this
12 assessment.
13 But as I got about a mile or two away from
14 those feed lots or from those dairies, where close to
15 the facility, close to the operation, it smells like
16 that sweet manure fiber (sic) smell. But down a mile
17 or two away it's already smelling like this from
18 this sour manure smell.
19 I realize these are quality of terms, but I
20 mean this is what we have, right? The point of that
21 is, is that this is why I make this statement. That
22 some distance away from a typical agricultural operation
23 I have a hard time distinguishing that from what I
24 would call the plant. I'm not saying that the plant's
25 not generating odors, I'm just saying it's hard for me
53
1 to distinguish those two.
2 And I think all four of us as assessors,
3 there are four of us who did this, we kind of came to
4 the same conclusion independently.
5 COMMISSIONER KIRKMEYER: Okay. And I do have
6 just one more.
7 CHAIRMAN FREEMAN: Go ahead.
8 COMMISSIONER KIRKMEYER: Is there any air
9 quality regulations that even though the odor or smell
10 doesn't meet the 7:1 dilution threshold that is -- odor
11 would be considered a public nuisance?
12 MR. IWASZEK: You know, I live my life on
13 regulations. But one of the things I've learned with
14 regulations is that I never quote them unless I have it
15 in front of me to read it. So, I would love to answer
16 that question, but I can't, I don't trust my memory on
17 that.
18 COMMISSIONER KIRKMEYER: Is there anything
19 within the public health air quality regulations that
20 even defines public nuisance?
21 MR. IWASZEK: That, I don't ever recall
22 seeing.
23 COMMISSIONER KIRKMEYER: Okay, thank you.
24 CHAIRMAN FREEMAN: Commissioner Cozad.
25 COMMISSIONER COZAD: I just have a couple
54
1 follow-up questions too, clarifications.
2 George, the five times that you detected the
3 odors at 8:1, were those all in the same day, were
4 those over a period of time? What were the dates of
5 those? Do you have that?
6 MR. IWASZEK: I do have the dates. And as
7 long as you don't hold this to me, I believe -- there
8 were not -- I can tell you they were not on the same
9 date. They were in the early morning and in the later
10 evening. I don't think there were any during the day.
11 But I think the first one might have been on the 2nd or
12 3rd of September. There may have been --
13 Do you still have that in your slides?
14 MR. THOMAS: I have the memory. And I think
15 what you said was, there was one on November the 2nd --
16 MR. IWASZEK: September.
17 MR. THOMAS: September the 2nd. There were 2
18 on the 3rd of September and I think there were 2 on
19 (indiscernible).
20 MR. IWASZEK: That sounds right.
21 COMMISSIONER COZAD: So, just to be clear,
22 and I think you already said this. But after 15
23 minutes those -- they were not --
24 MR. IWASZEK: After 15 minutes and no more
25 than an hour, that's correct.
55
1 COMMISSIONER COZAD: So back -- I don't know,
2 maybe this is a follow up for Phil.
3 The Reg. 2 says you can't exceed that, it has
4 to be detected over a period of time. Was it just one
5 time?
6 MR. BREWER: The detection must be greater
7 than 15 minutes after the initial detection --
8 COMMISSIONER COZAD: Okay.
9 MR. BREWER: -- and within 60 minutes of --
10 COMMISSIONER COZAD: If it was at the 8:1
11 once, it was detected at that level, but not again
12 after 15 minutes, it does not. Then it does meet Reg.
13 2?
14 MR. BREWER: Yes. Yes.
15 COMMISSIONER COZAD: Okay. Let's see, I had
16 just a couple others, real quick questions.
17 Uh, actually, those are for Jason.
18 Just really quickly, George. Can you just
19 talk about your qualifications and what other kinds of
20 facilities that you've done this same type of an
21 analysis?
22 MR. IWASZEK: My qualifications. I'm a --
23 starting off, well, from the education point of view. I
24 have a Bachelor's and Master's in Chemical Engineering,
25 a Biology Bachelor's degree. I have an advanced graduate
56
1 studies in biochemistry, statistics. I have been a
2 professional process (indiscernible) and environment
3 manager for over 35 years.
4 I've been conducting -- I've conducted a
5 variety of -- my specialty is in air quality, so I've
6 provided air quality consulting assistance in New
7 Mexico, Wyoming, Colorado
8 What else, qualifications?
9 COMMISSIONER COZAD: That's good. Thank you.
10 MR. IWASZEK: All right.
11 CHAIRMAN FREEMAN: Okay. Was there any other
12 questions for George? Commissioner Moreno.
13 COMMISSIONER MORENO: Following with Commissioner
14 Cozad's question, George. You said the testing was
15 done early morning, what you remembered, and late
16 evenings. Was this during the time that the plant is
17 receiving product there and during the processing of
18 everything?
19 MR. IWASZEK: There were periods of time when
20 the plant was receiving product. I honestly didn't pay
21 as close attention to processing at the facility as I
22 did more so to the meteorology and to the kind of
23 conditions that might propagate odors.
24 But I think Jason might be able to answer
25 this question, what they receive at 4:00 in the
57
1 morning. By 6:00 in the morning, when we were out
2 there between 6:00 and let's say 8:00 in the morning,
3 there was some, what I would call normal activity.
4 Okay. That's yeah, yeah. If the question
5 is, did we focus on periods when they weren't
6 operating? That wasn't the intent. The intent was to
7 kind of catch the worst case meteorology when I would
8 expect an odor to be most persistent. Because we wanted
9 to figure out what's going on.
10 COMMISSIONER MORENO: Sure, okay.
11 MR. IWASZEK: So when we had no detects, you
12 know -- well, in one way that's a good thing. But in
13 another way it doesn't give us really much
14 (indiscernible), and that's worse. What we're looking
15 for is information.
16 CHAIRMAN FREEMAN: Thank you, George. And you had
17 just a little bit more, Jason?
18 MR. THOMAS: I had a couple more things.
19 CHAIRMAN FREEMAN: Okay.
20 MR. THOMAS: Just a couple things.
21 So, our next tasks, our current tasks, what
22 we're working on right now in relation to the odors at
23 Heartland Biogas, is to continue the evaluation of the
24 Trinity odor data.
25 This intense odor monitoring has been done
58
1 over the last 2-1/2 weeks, and there is a lot of really
2 important information in that data. And if you're like
3 us, we're a bunch of data geeks. We actually like to
4 dive into it and see everything that it says.
5 But our focus initially was to use the
6 Trinity data to supplement Phil Brewer's data and my
7 own data to determine and to demonstrate that the
8 facility maintains compliance with Regulation No. 2,
9 specifically with MUSR statement, a 7:1 dilution
10 threshold.
11 So, we still have a lot of work to do with
12 this data. It goes back to some of the questions that
13 you, very astutely asked, which is, what are the odors,
14 how do those odors distinguish from the other odors in
15 the general area, and are the engineering controls that
16 we are actively engaged in installing right now, going
17 to address the specific odors that are unique to the
18 Heartland Biogas facility
19 So the idea is that this is a baseline. I
20 mean, if you can look at this as a baseline study that
21 I can then go back with after I've installed the
22 engineering controls and say, how are we doing? Right?
23 What is the improvement, what is the change in the odor
24 generation from the facility.
25 Obviously then we are continuing to develop
59
1 the engineering controls and the installation of those
2 engineering controls. This is something that is very
3 important to me, as I understand that the community is
4 impacted by these orders. We've seen that the facility
5 does generate odors, and we all understand that.
6 We've seen that the facility can generate
7 odors that are in excess to the 7:1 dilution threshold.
8 But, we have not seen that these odors can be confirmed
9 consistently, other than on the April the 27th.
10 But that doesn't change the fact that the facility is
11 generating odors. And my company is committed to
12 continuing to work to reduce those odors.
13 So, I'll continue with the community
14 engagement. The community conversation has been very
15 beneficial to me, and I hope to the community as well.
16 So we will continue to engage the community. They're
17 helping us understanding and helping them to understand
18 the progress that we're making on these engineering
19 controls.
20 Some proactive mitigation measures. We are
21 looking for ways right now, and we continue to look for
22 ways, to improve the odor coming off the facility that
23 doesn't require an engineering requirement. Right? We
24 understand that engineering takes a long time,
25 procurement takes time, installation takes time. And
60
1 time is something that, you know, we don't like having
2 to wait so we continue to look at proactive ways of
3 reducing the odor generated from facility.
4 Obviously we have the Resolution of the State
5 interpretation as to whether the 7:1 dilution threshold
6 for the compliance advisory that was discussed last
7 time.
8 And then we're going to continue the monthly
9 updates with the County staff. The County staff, we
10 meet with them and we tell them the progress that we've
11 made in our efforts to engineer out the odors.
12 And also, just what we've been doing with the
13 community, what we've been doing with internal
14 monitoring, what we've been doing with expanding our
15 monitoring and that kind of stuff. We like to keep the
16 process that we are applying, transparent and
17 forthright, so everyone understands that the
18 communication and the conversation doesn't just have to
19 happen in hearings, the communication can happen
20 continuously.
21 As I think the entire community, the Board,
22 and the company are all like-minded, that we would like
23 to reduce the odors generated from the facility,
24 regardless of the fact that we remain in compliance
25 with the standard of Regulation No. 2 as defined by the
61
1 MUSR.
2 So, here's my last slide. And we are here
3 to discuss the Heartland Biogas compliance with the
4 odor standard in the MUSR from April the 27th. Is that
5 a normal, everyday occurrence or is that a one-time
6 observation of the odors being in excess of the
7 regulation.
8 So, excessive odor or extensive -- not
9 excessive because I'm not sure you could have excessive
10 odor monitoring. Extensive odor monitoring has been
11 done with no confirmed readings. And remember, I'm
12 using the words confirmed readings as two readings
13 taken in excess of 8:1 or 7:1 dilution threshold, taken
14 15 minutes apart but not exceeding the 60 minutes. So,
15 I'm saying confirmed readings.
16 So we've had extensive readings with no
17 confirmed readings greater than 7:1 dilution threshold
18 since April 27th, 2016. That includes Phil Brewer's
19 readings, my readings, and my consultant's readings.
20 And only one reading in the entire time that
21 the plant has been there in excess of the 7:1 dilution
22 threshold that has been confirmed within 15 minutes,
23 but not actually use the 60 minutes.
24 Despite what I've just said, which means
25 Heartland Biogas is in compliance with the odor
62
1 requirements. Despite that. And regardless of that,
2 my organization is committed to reducing the odors
3 coming off the facility.
4 We will continue to aggressively pursue those
5 odor improvements. We will continue to maintain strong
6 engagement with the community to help them understand
7 what we're doing and to help them be the meter, they
8 are the meter, of the success of these projects.
9 And then, obviously, to continue to support
10 the community, the greater community, through the
11 disposal of and beneficial repurposing of waste
12 streams, that previously we had to do other things
13 with. This facility is so wonderful in that it takes
14 these streams, it turns them into beneficial reuse
15 projects and distributes them for use around.
16 So, that is the end of my presentation. I
17 thank you for the opportunity to come and sit in front
18 of you and discuss the hard work. It's been something
19 like 60 days. Just the incredible hard work that this
20 team has put into the resolution and improvement of the
21 odors coming off the facility.
22 CHAIRMAN FREEMAN: Okay. Commissioner
23 Conway, you had a couple clarifications?
24 COMMISSIONER CONWAY: Just a couple
25 clarifying. You talked about the nasal rangers, that
63
1 you have one, right?
2 MR. THOMAS: Yes.
3 COMMISSIONER CONWAY: How are those going to
4 be deployed? Is Heartland going to give them to
5 particular neighbors? Are neighbors going to request
6 them? Are you going to move them around? Explain to
7 me how that process works.
8 And then if there are concerns do those folks
9 go through your hotline and the web -based system? Can
10 you clarify that a little bit for me?
11 MR. THOMAS: Certainly. We were sitting at
12 one of our community meetings. The community expressed
13 that they would like to do the measurements themselves.
14 COMMISSIONER CONWAY: Okay.
15 MR. THOMAS: They said we'd like you to buy
16 us a nasal ranger. I said, okay, we'll buy you one. So
17 we went back, we procured the nasal ranger.
18 How they use the nasal ranger, how they
19 decide to disseminate the nasal ranger, is really among
20 them. I know that they're speaking a lot. I'm not
21 dictating to them how they use it, where they use it,
22 when they use it.
23 What I would like, and I'll ask this, is that
24 they would share their data with me. Because as you
25 can see, data points are really important to me as I
64
1 continue to evaluate the odors that are coming from the
2 facility.
3 EDF is going to spend -- or Heartland Biogas
4 is going to spend a significant amount of money toward
5 the resolution of these odors. But we don't want to do
6 so in a hurry in such a way that we spend money where
7 it doesn't belong, right? And we want to make sure
8 that the money that we're spending is actually reducing
9 the odors. So these data points are important. I
10 would like to see the results of the data.
11 So I know one of them, a person -- one of my
12 neighbors went to CDPH&E and got certified as an odor
13 -- olfactory -- I can't remember the words, certified
14 measurer or odor. So I am in conversations right now
15 with him trying to get the nasal ranger. There was
16 conflicts within the schedules, work schedules, and
17 we're making sure that we get it to him as soon as
18 possible.
19 And last I heard another of my neighbors to
20 the south and to the west is the first one to get the
21 second one. So, we're looking at seeing why it's not
22 here. These are the Colorado wheel (sic) nasal rangers
23 we ordered.
24 COMMISSIONER CONWAY: What's the cost of
25 this?
65
1 MR. THOMAS: $1,300 a piece.
2 COMMISSIONER CONWAY: Okay. Thank you.
3 CHAIRMAN FREEMAN: You're done?
4 COMMISSIONER CONWAY: That's all I had.
5 CHAIRMAN FREEMAN: Okay. Anyone else?
6 (No response.)
7 CHAIRMAN FREEMAN: Okay. So we're going to
8 go ahead and take a five minute break before we got in
9 to public input. So we'll take a five minute break.
10 And I just want to make a quick announcement.
11 Beginning at 11:45 they are doing active shooter
12 training over here. So if you hear gunshots, it's
13 okay.
14 (Recess taken from 11:12 a.m. to 11:19 a.m.)
15 CHAIRMAN FREEMAN: Okay. We'll go ahead and
16 go back on the record and open it up to public input.
17 We do have a -- we all have a meeting at Noon today, so
18 we will be breaking today until 1:30. Maybe we can get back a
19 little bit quicker. Why don't we say 1:15. So we will be
20 breaking from Noon to 1:15. So, go ahead. We're open for public
21 input, and go ahead, sir.
22 MR. WALTERS: Good morning.
23 CHAIRMAN FREEMAN: Good morning.
24 MR. WALTERS: Thanks for the opportunity to speak. I'm
25 part of the community
66
1 members that is called Weld County Citizens For Clean
2 Air. (Indiscernible) when everything was grouped
3 together several months ago, and so we're the neighbors
4 that are surrounded around the plant.
5 CHAIRMAN FREEMAN: Go ahead and state your
6 name for the record.
7 MR. WALTERS: I should probably do that.
8 CHAIRMAN FREEMAN: Yeah.
9 MR. WALTERS: My name is Richard Walters, and
10 my wife and I live at 18850 Weld County Road 49, and we
11 are on the corner of 40 and 49, we're on the southeast
12 corner from the plant.
13 This slide is from last time, June/July at
14 our meeting, showing the locations where people have
15 had issues with odor. This is the latest slide. Most
16 of the -- I guess the reds, pinks, maybe, of all the
17 new ones since July.
18 You need to know that even though we're
19 fairly close, we're just on the corner, I think we're
20 right here. We didn't know even where to call until
21 the July meeting, right before that. So we've been
22 smelling this for many months and not realizing where
23 it was coming from. And even though we're next door
24 doesn't mean that we attribute everything to, you know,
25 Heartland. But at the time we didn't know where the
67
1 smell was coming from. It was pretty bad.
2 CHAIRMAN FREEMAN: Commissioner Conway, you
3 had a question.
4 MR. WALTERS: Yes, sir.
5 COMMISSIONER CONWAY: Just a clarifying
6 question. Is there any correlation with the color of
7 the pins, or those are just folks that have been
8 impacted?
9 MR. WALTERS: I ran out of colors.
10 COMMISSIONER CONWAY: If there was a color
11 code I wanted to follow it.
12 MR. WALTERS: Right. No color code, other
13 than the pink or the reds are the new ones.
14 COMMISSIONER CONWAY: Oh, the reds are the
15 new ones. Thank you.
16 MR. WALTERS: So, this is information that
17 we've gotten from the County on the number of
18 complaints, and this is what we had when we put the
19 slide together. It may have been slightly adjusted by
20 now.
21 If you remember back in the old days when the
22 City of Greeley had an odor complaint line? They had a
23 number, total of about 600 at the highest in one year,
24 and we've been running -- that was about 50. We're
25 running about 80 complaints per month.
68
1 Okay. My grandkids were over, and some of
2 them have been at our place since they were born off
3 and on, and they stopped by one time and said, "What is
4 that smell?" I couldn't really explain it to them very
5 well, so I found Oscar the Grouch to help me explain
6 it.
7 But basically you take pizza and
8 banana peels and fish guts and put them in a warm
9 air -tight box, and that's what an anaerobic digester
10 does. I kept saying that those were those tanks.
11 And when it burps and other things, you get
12 biogas, and we're trying to explain it to the kids,
13 because they're outside playing on the sand pile and
14 all of a sudden they're like -- you know, we're looking
15 for dead animals on the property because that's what
16 they think it is. It's a kind of gross smell.
17 So an AD is used a lot of places to actually
18 reduce odor, mostly from feedlots, and they'll put
19 these in to minimize or mitigate a lot of the smells
20 from the feedlot itself. In our case it's actually
21 coming on the other way. So that's why we're here and
22 we're concerned.
23 We also engaged a CSU professor and she
24 states, in my last email, "AD's are typically well
25 sealed and contain the odor. I'm not sure what's going
69
1 on at this particular project that's causing those
2 odors, but I'm guessing that Heartland would love to
3 resolve it," and they have.
4 They're working on it and we understand that.
5 But time is kind of tough when you have to put up with
6 this day -in and day- out.
7 We have one member, one of my neighbors has
8 the certification for the nasal ranger, but $1,300, it
9 was too much for him to buy. And so we approached
10 Heartland and they enthusiastically offered to buy two
11 of them for us, and we have a second.
12 There's still some out-of-pocket expense for our
13 community members, our neighborhood. It's $150 to take
14 the class, you're away from work, the travel,
15 et cetera. But Heartland was able to provide two of
16 those. I think I was shocked at the price because we
17 didn't expect them to be that much, we were thinking
18 maybe a couple hundred dollars. We were very surprised
19 at it being $1,300.
20 But this gives us an opportunity that when we
21 smell it, and we smell it every day, that we are able
22 to run right out the door and check it. And it's just
23 data points. But we're trying to help Jason, who has
24 been very transparent through this, so we do appreciate
25 that.
70
1 All right. We've had several people that are
2 actually willing or thinking of selling their homes and
3 have actually had appraisals. And some of those
4 numbers coming back have actually been going the wrong
5 direction. Now, whether or not it's all attributed to
6 the stink or not, I'm not sure. But it's interesting
7 that smaller homes further away are higher valued.
8 So even -- and we stated this last time.
9 We've had weddings and barbeques and family and even
10 business outings greatly affected, canceled, and unable
11 to reschedule those.
12 And then a whole new thing for us is, every
13 morning we get up and I look to my neighbor who has a
14 flagpole with a flag on it, and I look to see which way
15 the wind's blowing. It's silly, but we're doing this
16 every day now, and we look out there to see whether or
17 not we can open the windows or do we need to leave them
18 shut.
19 The last item there it says, do I work
20 outside? I've got several acres to mow or do I decide
21 to just skip it and go into town.
22 We've had people -- the thermostat probably
23 is hard to read, but it says 90 degrees. This almost
24 5:30, 6:00 at night and we've had to shut the windows.
25 This is not my house, this is some neighbor's close by.
71
1 And it was hot in the house, but we couldn't open the
2 windows.
3 So it's effecting us in a lot of ways. And a
4 lot of these people, my neighbors are affected in ways
5 that maybe I am not; panic attacks, nausea.
6 Also remember the Weld County reputation of
7 years gone by and with the old Monfort
8 plant, the hog farm, and even the water treatment
9 that's located in Weld but it's for Northglenn, I believe.
10 I'll leave you with some pictures, which
11 probably depict more of what's going on. This is when
12 the wind is blowing and the dust was coming off of the
13 place, Heartland Biogas. And you can't hardly see
14 behind it. This is just one of many pictures we do
15 have.
16 Here is incinerator, I guess, is what's going
17 on, and this is a separate violation, this isn't an
18 odor one. This is -- I'm not exactly sure what this
19 one is, but it's a picture of the black smoke coming
20 out. And it didn't last long but it was enough to --
21 and we've had a few of those blow over our property a
22 few times. So it lasts long enough to make it half
23 scary.
24 I'll leave you with this. This happened July
25 22nd. And this is the corner of 40 and 49 from one of
72
1 my neighbor's homes.
2 Thank you for the opportunity to speak.
3 Thanks.
4 CHAIRMAN FREEMAN: Okay. Anybody have any
5 questions?
6 COMMISSIONER KIRKMEYER: That was good.
7
8
9
COMMISSIONER COZAD: I have a quick one.
CHAIRMAN FREEMAN: Yes.
COMMISSIONER COZAD: Richard, the information
10 that you're going to be gathering from the nasal
11 rangers.
12 MR. WALTERS: Uh-huh.
13 COMMISSIONER COZAD: Are you willing to share
14 that with Heartland?
15 MR. WALTERS: Oh yes.
16 COMMISSIONER COZAD: Okay.
17 MR. WALTERS: Oh yes.
18 COMMISSIONER COZAD: Because I heard them ask
19 about that.
20 MR. WALTERS: Yeah, no problem.
21 COMMISSIONER COZAD: And the two pictures
22 that you showed, the one of the dust and the one of the
23 incinerator. Do you know, when were those? Do you
24 have dates?
25 MR. WALTERS: I have the one for this. The
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1 incinerator is July 22nd.
2 COMMISSIONER COZAD: Right.
3 MR. WALTERS: I will get you the date for the
4 dust storm. It was some time after that.
5 COMMISSIONER COZAD: Okay, thank you.
6 COMMISSIONER KIRKMEYER: I guess I do have a
7 question. I'm sorry.
8 CHAIRMAN FREEMAN: Yes, go ahead.
9 COMMISSIONER KIRKMEYER: So could you just
10 tell us, what do you think the best outcome is?
11 MR. WALTERS: I would rather let my neighbors
12 share that because they've been dealing with it longer
13 than I have. The best outcome that the odor would stop
14 until Heartland has got everything fixed and then start
15 the plant back up.
16 COMMISSIONER KIRKMEYER: Okay. Thank you.
17 CHAIRMAN FREEMAN: Commissioner Moreno.
18 COMMISSIONER MORENO: Mr. Walters, before you
19 leave, I'm going to guess most of your neighbors will
20 be speak to us here.
21 I know Heartland talked about having the
22 outreach meetings and that. Did you attend and what
23 were your comments to the meetings that you did attend,
24 if you attended any?
25 MR. WALTERS: I attended all of them.
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1 COMMISSIONER MORENO: Okay.
2 MR. WALTERS: The first one was a little
3 less, just because we were all trying to get to know
4 each other and there was a lot of distrust. It didn't
5 go well on the first meeting.
6 The second meeting went a lot better. I
7 should let my neighbors explain better, but we were at
8 least able to communicate and share and be more
9 transparent. The first meeting was difficult from the
10 standpoint that there was a lot of people there and
11 they were very angry, and as you can see why.
12 And the second meeting is where they offered
13 to buy the -- we asked and they offered to buy the two
14 nasal rangers, so.
15 COMMISSIONER MORENO: Thank you.
16 CHAIRMAN FREEMAN: Commissioner Conway.
17 COMMISSIONER CONWAY: You had mentioned in
18 your remarks that you believe that Heartland is trying
19 to fix the problem and is willing to work with you. Is
20 that a fair representation?
21 MR. WALTERS: Yes. I believe that's a fair
22 representation. The problem is, is that March is
23 another six months.
24 COMMISSIONER CONWAY: And in your discussions
25 -- or maybe this is a question for them as opposed to
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1 you. In Jason's testimony he said they're currently 40
2 percent done and they'll be --
3 MR. WALTERS: Wrapping up.
4 COMMISSIONER CONWAY: Do you believe, based
5 on the interaction you've had with Heartland, as they
6 get closer to that 100 percent completion that a lot of
7 these issues could be resolved?
8 MR. WALTERS: Oh, we're talking about the
9 capacity or we're talking about getting the --
10 COMMISSIONER CONWAY: Yeah. The plan that he
11 went through, as you saw in the presentation. Do you
12 believe that can move the ball forward, I guess?
13 MR. WALTERS: Obviously I believe so. The
14 problem is, is the time delay and the six months is
15 going to be the tough part.
16 COMMISSIONER CONWAY: That's the big picture?
17 MR. WALTERS: That's the big one.
18 COMMISSIONER CONWAY: Thank you.
19 CHAIRMAN FREEMAN: Okay. Other public input?
20 And you can either have a seat or you can go to the
21 podium, which ever you're more comfortable with.
22 MR. FLIPPIN: Hi. My name is Steve Flippin.
23 I am a member of the Weld County Citizens For Clean
24 Air. I live on Weld County Road 40, at 23295. I am the
25 closest neighbor to this plant. I live about 800 feet
76
1 away.
2 The odors have not gotten any better for me.
3 They still are seeping into my house with the windows
4 closed, doors closed, everything. It will wake me up
5 in the middle of the night. It fills my basement up,
6 this odor. And that odor may only come in -- may be
7 there for 15, 20 minutes and disappear. But it takes a
8 long time to get it out of the house.
9 So having this problem, we can't open the
10 windows. I don't have air conditioning in my house. I
11 never had a problem until this plant opened two years
12 ago, so I bought a small window air conditioner for the
13 bedroom, at least I can cool the bedroom.
14 I mean my electric bill is going up 20, $30 a
15 month, depending on how hot the summers are, and this
16 year it was fairly warm.
17 So I had this problem here, what was it,
18 Friday night I was woke up about 2:00 in the morning
19 because of the odor and the window was closed, the air
20 condition in the room was on. It woke me up. I didn't
21 call Phil. It was just too late in the night to do it,
22 and that is really -- I mean it is really getting
23 annoying to go through -- living like this.
24 And now I'm getting a lot of noise. I don't
25 know if it's compressors or what. There's engines
77
1 running, pumps running, they've been running stuff all
2 night long. They have light plants out there, so we're
3 getting light pollution. They're shining these big work
4 lights, light plants at the house and it's coming
5 through windows. It's really aggravating. They've done
6 this multiple times. They don't always have these
7 light plants out, but it's been going on and off quite
8 a while.
9 I have seen a lot of dust coming off around
10 some of the lagoon areas where these trucks are pulling
11 in and they're pumping water or whatever they're doing
12 on that north lagoon. We're getting a cold front in and
13 the dust just blows. I've seen that a couple times.
14 And then I'm worried about my property value.
15 If I wanted to move to get away from this odor I'm
16 going to take a huge hit. So we've got to do
17 something, they've got to fix it.
18 Here last summer my girlfriend, she freaked
19 out one night. She didn't know what this odor was. She
20 just about called 9-1-1, not knowing. Because it does
21 not smell like manure. It is a nauseous odor.
22 And then I had a conversation with a guy from
23 AGPRO, and he had told me that these odors, they could
24 not get rid of them, they were never going to
25 disappear. And that even though that letter came out
78
1 saying that there would be no odors, I was told they're
2 not going to be able to get rid of all of them.
3 So, either shut the plant down until it's
4 fixed or I don't know how the -- I mean Jason's been
5 good to work with, but I don't want to go through, you
6 know, March or June dealing with these odors again.
7 This is horrible. If go outside and work in my garage
8 or -- it gasses you out. You just want to go back
9 inside the house or just leave.
10 And that's all I have. I want to thank you
11 for your time.
12 CHAIRMAN FREEMAN: Thank you.
13 Questions? Commissioner Kirkmeyer?
14 COMMISSIONER KIRKMEYER: I'm just going to
15 ask you the same question: Best possible outcome?
16 MR. FLIPPIN: Shut it down until it's fixed.
17 CHAIRMAN FREEMAN: Okay. Commissioner
18 Moreno?
19 COMMISSIONER MORENO: Can I ask my question?
20 Did you get any of the readings when you come to the
21 meetings (sic)?
22 MR. FLIPPIN: I was not able to attend the
23 meetings because I work out of town and those meetings
24 fall on my work schedule when I'm out of town. I will
25 attend them the first time I have an opportunity when
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1 I'm in town.
2 CHAIRMAN FREEMAN: Okay, thank you.
3 Next? And if you know you're going to come
4 up and speak, you're more than welcome to come to this
5 front row so that you're right there.
6 But, go ahead.
7 MR. JUSTICE: Thank you. Russ Justice, I
8 live at 24125 Weld County Road 42, about a mile north
9 of the plant. I have attended all the meetings, been
10 part of it. I want to thank Heartland for what they
11 have done, putting the meetings together.
12 Although, I kind of feel like the meetings
13 have just been another, "Hey, we're going to fix it,
14 we're going to fix it, we're going to fix it." Nobody's
15 ever given us time line until today. Now we're looking
16 at nine more months of this odor? That's a little tough
17 to take.
18 One of my questions is, we covered a lot of
19 ground here today and I see a lot of testing been done
20 by Trinity, which is great. But to me all this proved
21 is, we got a lot of odor out there. And it may not be
22 over the 7:1 threshold all the time. But I would bet if
23 there was a continuous monitoring out there, you would
24 find it was over the 7:1 threshold within 15 minutes
25 some of the times. This just isn't being captured.
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1 The winds do shift. I understand they chase
2 the plumes. By the time they get from one end to the
3 other end, the wind may have shift and put it in
4 another direction.
5 It is hard to live with this. The community
6 has met multiple, multiple times. I've been part of
7 them. We've got hours and hours of time invested in
8 this. This is what we've done all summer.
9 We've ran around having meetings at least
10 once or twice a week, having meetings with Heartland,
11 that's taken away from our time and what we can do.
12 It's hard to work in your yard. It's hard to get up and
13 have a cup of coffee on the porch in the morning.
14 I call them every time. I call Jason and I
15 say, looks, it stinks. He comes down. Sometimes by
16 the time he gets there it's changed, the wind
17 direction's changed and we don't have that odor. 30
18 minutes later, 45 minutes later, here it comes again, a
19 big plumb of odor. If you got your windows open you
20 better be closing them because you got this odor in
21 your house, and now you can't get away from it in your
22 house.
23 One of my questions is about all this
24 monitoring is, how many complaints have we had out
25 there before Heartland moved in? I don't think anybody
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1 knows because I don't think there's been any. Once
2 Heartland moved in, we've had 261 complaints since
3 July. And granted, that may be a lot from the same
4 people, but them same people are smelling them every
5 time. And if even half have came from the same people,
6 there's still another hundred -plus complaints that came
7 from somewhere else. We're living with this on a daily
8 basis out there.
9 Colorado University, Boulder, just put out a
10 deal I found the other day, that they're doing a study
11 on industrial odors, and they're asking for volunteers
12 out of the Greeley, LaSalle, Evans area. This is a
13 State study, not just a Weld County study. So,
14 evidently there is some problems out there of it being
15 an industrial odor and how it's effecting people's
16 lives.
17 So, I don't think this is just a Weld County
18 issue, although I do feel like we're kind of the
19 dumping grounds for -- you know, from what I understand
20 this gas is going to San Francisco or LA or whenever it
21 is.
22 We get to put up with all of this and get no
23 return on the product. What's Weld County getting out
24 of this? You know, this gas isn't being distributed in
25 Weld County that I know of, that's helping Weld County.
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1 Once again, the hours that people have worked
2 on this is phenomenal. I bet between the community
3 there's over a thousand hours invested in doing
4 research, having one of the members go to a class to
5 learn more about what causes these odors we're living
6 with and being able to take them.
7 I see a lot of stuff out there that there is
8 some 8:1's out there. But because 15 minutes later
9 they couldn't measure that 8:1 we just have to live
10 with it.
11 When Heartland came to this community they
12 put out a letter, and they've tried to downplay this
13 letter and move it around. But they put out a letter
14 to the residents, there would be no odor. And I kind
15 of feel like one of the things that came out of the
16 meetings is, you know, we're softening the blow here,
17 but you're going to have to live with some odor.
18 We shouldn't have to live with this odor. We
19 didn't live with it prior to them being there. We got
20 dairies out there. Nobody's ever complained about the
21 dairies and the normal rural area odors that you're
22 going to see.
23 So I kind of feel like the best option here
24 is to, you know, fix the problem. We want you to fix
25 the problem. But we don't think we should have nine or
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1 ten more months of odor while you guys try to figure
2 out what's going on out there.
3 CHAIRMAN FREEMAN: Okay. Thank you.
4 Oh, you had a question?
5 COMMISSIONER MORENO: I'm sorry.
6 I apologize, sir. But can you just tell me,
7 again, where you live? Where you're located by the
8 plant there?
9 MR. JUSTICE: I live on County Road 49 and
10 42, which is about a mile north, I'm right on the
11 corner.
12 COMMISSIONER MORENO: A mile north of the
13 plant? Okay, thanks.
14 CHAIRMAN FREEMAN: Okay, thank you.
15 MR. WELCH: Hello. My name is James Welch.
16 I live at 18626 County Road 49. I have a degree in
17 Chemistry from the University of Colorado. I'm
18 certified in odors by the State of Colorado, and I'm a
19 member of the Weld County Citizens For Clean Air.
20 So since the Probable Cause meeting on July
21 11th, the odor problem has not been any better. As was
22 already mentioned, it's continuous. It's always
23 present. Every day I wake up, look at my flag --
24 that's the flag that was referenced, and I make a
25 decision. If it's coming from the northwest, I will
84
1 either stay in my home or I'll go to town, which I find
2 a little disheartening that I actually have to go to
3 town to get fresh air.
4 Even with my home sealed up, I have to do the
5 same thing. I haven't been able to open my windows all
6 summer. And even at that, with my home entirely
7 sealed, we still get odors in the middle of the night.
8 It will wake us up. And it's very frustrating, very
9 hard to deal with.
10 This odor problem that was mentioned, it's
11 consumed a large amount of my personal time and
12 finances this year. And worst of all, it's taken my
13 home, that should be a place of rest and refuge, and
14 turned it into a place of apprehension and frustration,
15 because I have no idea when that next plumb's going to
16 hit.
17 The entire reason I actually live out in the
18 country is because I enjoy being outdoors, and that
19 freedom's been taken away from me.
20 I'd like to spend a little bit of time
21 talking about the actual number of complaints. I think
22 it's really good to have a perspective on this.
23 So, from November 1st, 2015, through September
24 8th, 2016, there have been 261 nuisance odor complaints
25 reported against the Heartland facility. During that exact
85
1 same time frame, there's 18 other complaints in the
2 entire rest of the County, just to give a little bit of
3 perspective.
4 Oil and gas, which has come under intense
5 scrutiny for odor, had 7. So 261 and 7. I think it's
6 also important to note that, as again, there was
7 mentioned the majority of the community didn't know who
8 to call until after the Probable Cause meeting. So if
9 you take a look at from the Probable Cause meeting
10 until September 8th, there was 166 complaints. That
11 equates to over 80 per month.
12 As it was mentioned, Greeley (indiscernibly)
13 and it's mentioned here on record, is averaging 50 a
14 month. And I thought I'd do a little bit of research
15 for some comparables, and I think we're all familiar
16 with the Purina plant down in Denver. So -- it's
17 notorious through the State for odor.
18 So the City of Denver, including the Purina
19 plant, the refineries and other odor producing
20 facilities down there, average 10 a month compared to
21 our 80 a month. At the current rate of the Heartland
22 complaints, they will have more complaints in 4 months
23 than the Purina facility had in 12 years, to put some
24 perspective on how bad this problem is.
25 I also think what's important to know about
86
1 that is, there's a huge population density difference.
2 So that's 10 complaints a month in Denver, with the
3 huge population density. You look at our spread -out
4 population. If you were to put this facility in that
5 type of density, it would just be enormous.
6 Also, this facility's only running at 40
7 percent. It was asked earlier if you think it would
8 get better. I don't. I think we make it to 100
9 percent capacity, I do not see any way that it's
10 currently going to get any better.
11 In fact, you know, when you look at a lot of
12 the areas where the odor's coming from, it's just going
13 to be more waste there to make more of those odors.
14 So I also think what's important to know.
15 So, we've got 166 complaints in the last, roughly, two
16 months. The predominant wind direction's been from the
17 east. That was mentioned during the Trinity
18 presentation. And that actually blows the odor into a
19 less populated area of the community, if you look on
20 the maps.
21 If you look at historical wind data, the wind
22 patterns are going to begin to shift here in a few
23 weeks, where they're going to start coming more out of
24 the north and west, when they'll actually start blowing
25 to the more populated areas of the community.
87
1 So if we count 166 in two months, blowing to
2 the less populated areas, one could only imagine what
3 it's going to be like when it actually starts blowing
4 our direction.
5 So, you know, not only is Heartland the most
6 significant odor source in the County, it's reasonable
7 to assume that we're going to continue to see an
8 increase.
9 There's a couple of other things I'd like to
10 reiterate, and that's more about the violation process.
11 So, you know, one of the things that we had talked
12 about last meeting was, there is -- you've heard it
13 mentioned several times, that a lot of these odors
14 come, you know, in waves and they'll hit for 10 or 15
15 minutes, and it makes it difficult for anyone to get
16 out from Greeley to be able to do any sort of
17 measurement.
18 So I firmly believe that it's -- there's
19 probably been significantly more undocumented
20 violations out there. But because of the time delay,
21 number one. And number two, you've seen that in all
22 the presentations. All of the measurements have been
23 from the road.
24 We do know that this odor is very dense, and
25 it will pool down into low areas. So, for example, I
88
1 have a walk -out basement and then it kind of goes over
2 to my barn area. That odor, I can go up on the hill
3 and it may be gone, but it sits down in there for a
4 long, long period of time. And I know many of my other
5 neighbors have experienced that too. So going around
6 on the road is not necessarily giving you an indication
7 of what's happening at our homes.
8 So, because of the time delays and because I
9 don't really think there's been a real good study on
10 actually where these odors are traveling, that's
11 actually why I went out and got certified, because I
12 wanted to be able to actually go out and measure these
13 odors myself.
14 So, again, I do hope that soon I'll be able
15 to hook up with Jason and start taking some of those
16 measurements, and then I would be more than happy to
17 share that data with you.
18 A couple of other things I do want to point
19 out real quick. When I was going through the class
20 there is -- when you look at the State regulations --
21 and this was just interesting to me, but I thought it
22 was good to point out -- is that there's about two
23 pages on odor restrictions for kind of everything else,
24 and then the whole rest of the document, the whole rest
25 of this is about swine feeding operations.
89
1 Swine feeding operations, you know, are a
2 very noxious odor. But I would argue that the odor
3 that we have is not a typical agricultural odor. And is
4 it similar -- you know, I don't know what the right
5 term is for being similar and being obnoxious.
6 But, you know, it's similar to swine feeding
7 operations, and there's some interesting things in the
8 regulations specific to swine feeding operations. One
9 is that they have to be a minimum of one mile from any
10 occupied dwelling. Number two, and I think this is the
11 most important, is that they have to meet a 2:1
12 dilution threshold, which is a much more stringent
13 threshold. They have to meet a 2:1 dilution threshold
14 in any home, business or school.
15 And because of the similar offense nature of
16 this odor, again, because it's not an agricultural
17 odor, it is definitely a very offense odor, I would
18 request that we look at a similar type of regulation to
19 help protect the community.
20 Also it was mentioned about the time delay. So
21 when you take a measurement -- so there obviously has been -- you
22 heard that there was above 8:1 -- or above 7:1 readings, it's
23 just that there wasn't a second one after 15 minutes.
24 One of the things interesting, and I'm not
25 trying to criticize the Trinity data.
90
1 But one of the things I did notice quickly,
2 was that most of those were taken closer to 50 minutes
3 apart. And again, we know that these generally come
4 and go, 15, 20 minutes. So a lot of that data, I think
5 there was one at 20 minutes, the rest at 50 minutes
6 apart. So if they were measured --
7 COMMISSIONER KIRKMEYER: May I ask --
8 MR. WELCH: -- in a tighter time frame, it's
9 much more likely there could be a violation.
10 COMMISSIONER KIRKMEYER: May I ask a question
11 to the point? I'm sorry to interrupt you.
12 MR. WELCH: Yeah.
13 COMMISSIONER KIRKMEYER: But just while
14 you're there.
15 So you looked through all of the ones, the
16 five that were 8:1 and on all five of those what you're
17 saying is, they were either -- they were greater than
18 20 minutes to 50 minutes is what you're --
19 MR. WELCH: Well, Jason had it on his
20 presentation, so I just saw it kind of when it was
21 presented up here. But it looked like, from again,
22 trying to write it down quickly, that the majority of
23 them are closer to 40 to 50 minutes apart.
24 COMMISSIONER KIRKMEYER: Okay.
25 MR. WELCH: I think there was one in the
91
1 20-ish minute timeframe.
2 COMMISSIONER KIRKMEYER: Okay. I apologize
3 for interrupting.
4 MR. WELCH: Oh, no, no, you're fine.
5 So, again, I think what' really important to
6 know is that just because there's not been an
7 additional violation does not mean that there's a
8 reduction in odor intensity. It's just that it may not
9 have actually transpired across 15 minutes.
10 And the second is, is that a lack of a
11 district (sic) violation doesn't mean that there's not
12 a significant problem.
13 And there's kind of a story I'd like to
14 share, just real briefly, because I found it very
15 interesting. So I was down in Denver taking the odor
16 certification class, and there's a lot of times where
17 you have breaks, and so we were all out in the lobby.
18 And so this is predominately professional level people,
19 right? So they're there getting certified either for
20 like State Health or County Health, those kind of
21 departments, and some consulting firms.
22 And we were standing around on one of the
23 breaks and so the conversation started about where
24 everyone was from. And so a gentleman mentioned that
25 he was from Weld County, and immediately the group of
92
1 people around him started, frankly, disparaging him and
2 almost to the point of harassing him. I kind of felt
3 bad for the guy, actually.
4 But it was because they could not understand
5 why anyone would want to live or work in Weld County
6 because of the odors. And honestly, at first, I was
7 offended. I was like, okay, I'm a proud member of Weld
8 County, but then I got thinking, but why am I here? I'm
9 here because of the noxious odors, and I'm only
10 validating what they were just saying.
11 And then I also started thinking, you know,
12 we live on County Road 49, and that is, obviously, a
13 major corridor into the County. Thousands of people
14 are coming through that area every day. And what are
15 the perceptions that they're developing of our county
16 as they drive through there? We've had numerous people
17 tell us, as they drive to the airport, you know, as
18 they drive down to Denver, they call us and tell us, we
19 do not understand how you could possibly live in that
20 area. And that's the perception that's being formed of
21 the County as they drive through.
22 So the County's done a great job, you know,
23 over the past years trying to handle these nuisance
24 operations. But I think continuing to allow Heartland
25 to operate, or at least operate in this state or in
93
1 this condition, takes us in the wrong direction.
2 So, to summarize it up. I know the odor
3 problem's not better. It's by far the largest odor
4 source in the County, and I would even argue the
5 region, when I compare it to places like Purina.
6 I think the Heartland facility has proven
7 that it's not compatible with the existing land uses.
8 You cannot have this many complaints a month and say
9 that it's compatible with (indiscernible) land uses.
10 It continues to restrict my ability to use
11 and enjoy my land. And there are not adequate
12 provisions in place to protect the rights and well
13 being of the citizens of Weld County. Even with the
14 proposed updates, as Russ just mentioned, we've been
15 told, there's going to continue to be odors.
16 I firmly believe that even with the updates
17 it's just a matter of the right conditions and we're
18 going to have another violation. Because of all this,
19 what I personally would like to see for best outcome,
20 frankly, I know this is a lot to ask for, but I would
21 like to see the permit revoked. I do not believe it is
22 -- I do not believe that it is consistent with the
23 existing land uses out there. However, if it's not
24 revoked, I would like to see that it would be shut down
25 and actually fixed correctly so we don't have to live
94
1 for the next six to nine months with this same odor.
2 And also what I would like to see, is I would
3 like to see a more stringent regulation put in to place
4 at the place of dwelling. So again, similar to what
5 they have for the swine feeding operations. So that we
6 actually have some protection at our homes and there's
7 actually some protection for the citizens.
8 Thank you very much for your time, and if you
9 have any questions.
10 CHAIRMAN FREEMAN: Okay. Thank you.
11 COMMISSIONER CONWAY: I do have one quick
12 follow up. At the first hearing you had some
13 suggestions in terms of best management practices from
14 anaerobic digesters, not just in the continental United
15 States but in Europe where these are in operation.
16 It sounds like Jason and you had some
17 interaction. Is that correct? Did you discuss any of
18 those ideas --
19 MR. WELCH: We didn't discuss them in depth.
20 To be perfectly honest, when you look at the best
21 management practices over in Europe for the digesters,
22 they're really summed up pretty simply; you cover
23 everything. So everything needs to be contained and
24 then everything needs to be run through a treatment. So
25 I do know they have some of the aspects of that
95
1 incorporated in there, but that's going to -- it's not
2 a real in- depth technical summary, it's cover it and
3 treat the exhaust coming off.
4 COMMISSIONER CONWAY: No. I just wanted --
5 at the first hearing you offered, and I appreciate it
6
7 MR. WELCH: We talked a little.
8 COMMISSIONER CONWAY: I just wanted to know
9 if that interaction took place, so. Okay, great.
10 CHAIRMAN FREEMAN: Thank you.
11 MS. HOYLAND: Good morning. It's almost
12 afternoon. My name is Kathy Hoyland. My husband, Ken
13 and I live at 18612 County Road 49, and we've lived in
14 our home for 11-1/2 years, and we are members of Weld
15 County Citizens For Clean Air.
16 I want to touch on just a mention that I
17 believe Commissioner Moreno asked a question on the
18 loads, if Trinity had noticed loads. I wanted to
19 address that, the loads coming in.
20 In our September 7th meeting with AGPRO and
21 Heartland, this was something that was discussed, and
22 we were told on September 7th that the loads were down
23 approximately five to six loads per day because of a
24 broken machine, and that had been going on for
25 approximately two to three weeks.
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1 So that is one thing we do know is that the
2 loads coming in here, prior to September 7th, I can't
3 speak after that, were down because of a broken
4 machine. I just wanted to address that because it was
5 something we knew.
6 Well, here we are, ten weeks later, and our
7 quality of life has not improved, nor our property
8 levels, or the stress levels, or our sleepless nights.
9 We, the community, do believe Jason and we appreciate
10 what he is trying to do. We do believe him, we do
11 trust him.
12 However, we are not sure how much more of
13 this we can take. This is more than an odor issue.
14 Heartland has become a nuisance neighbor. Nuisance:
15 The unreasonable, unwarranted use of one's property in
16 a manner that substantially interferes with another
17 person's enjoyment and use of their land. Land owners
18 have the right to the unimpaired condition of their
19 property and to reasonable comfort and convenience.
20 No one in our community has had that. For
21 some neighbors it has been two years they have lived
22 through this. For my husband and I it's been
23 approximately 11 months.
24 Earlier this month I followed up with the
25 State Health Department to see what the terms they had
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1 submitted to Heartland and when that was going to be
2 made public, from the July meeting that the State had
3 for the State violation.
4 I was told the terms have not been made
5 public yet because the State of Colorado Health
6 Department, Air Quality Division, are still negotiating
7 with Heartland.
8 Do you know how ironic and angry that makes
9 me? Heartland had a violation and the State of Colorado
10 is negotiating with them. I ask you, who is
11 negotiating for this community?
12 Our community, our quality of life, our
13 suffering, and what we're living through. We, the
14 community, were not allowed to negotiate any changes
15 this plant presented due to Weld County's 500 -foot
16 notification code. This Code needs to be changed and
17 it needs to be put beyond 500 foot. This facility is
18 the perfect example.
19 These odors reach -- we have a family we know
20 of on County Road 50 and 43, just outside the LaSalle
21 City limits, that is getting this odor. A facility
22 like this should not even be within 5 to 10 miles of
23 residents. It should not. And especially since we are
24 being told that this odor is never going to be gone 100
25 percent.
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1 Some of you were here in 2009 when this was
2 presented in 2010 and we had a letter from 2009. We
3 were told at our second AGPRO/Heartland meeting that
4 that was different owners then, that that was under a
5 different ownership. I don't accept that. We need to
6 have our lives back.
7 I want to stress to you, our community is
8 angry. We are tired of living this way with really no
9 quality of life. We are not going away. Our
10 community, Weld County Citizens For Clean Air, will
11 continue to grow, get stronger, and louder. We are
12 relying and counting on you, our elected officials, to
13 hold Heartland's feet to the fire and give us our
14 quality of life back.
15 Our right to enjoy our homes and our right to
16 enjoy our properties. We do not find that timeline
17 that was presented today acceptable. That is not
18 acceptable for our community. March 31st is not
19 acceptable; June 30th is not acceptable. That is
20 asking us to live with stress, sleepless, it's asking
21 way too much of us. I can actually count for you on
22 one hand, in the last 11 months, how many times I have
23 had one full, complete night's sleep. Being a Type II
24 Diabetic, that is very very bad for my health.
25 We need a fix. We need something. If EDF
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1 and Heartland cannot fix this in a timely matter (sic),
2 and we do not consider March and June a timely matter,
3 they need to be a good neighbor and they need to shut
4 that plant down. They need to fix it, fire it up, see
5 if it works. If it doesn't, shut it down again and work
6 on it again.
7 This community is not against green at all.
8 The concept of it is actually very good. But the
9 quality of life and being held prisoners in our homes
10 is not the way to live. We can't sell, we are pretty
11 much stuck there, living in this hades. I'll use that
12 word instead of swearing. Thank you.
13 CHAIRMAN FREEMAN: Okay. Commissioner Moreno.
14 COMMISSIONER MORENO: Ma'am, you made a
15 statement, I know, the ten weeks here. So, do you feel
16 there was any improvement at all --
17 MS. HOYLAND: Yeah.
18 COMMISSIONER MORENO: -- or do you think it
19 was worse, do you think it was the same?
20 MS. HOYLAND: Yeah. When we thought --
21 living on the east side, when another neighbor and I
22 were discussing it, we thought there might have been.
23 That's when we found out the loads were down, and then
24 we found out from the other neighbor that the
25 prevailing winds had predominately, at that time of the
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1 year, come from the east to the west. So that was our
2 basic relief, I guess you could say. But it wasn't
3 24/7. It was just that, in probably about a two-week
4 period, we actually could open a window in our house.
5 Not forever, just for a short period of time.
6 CHAIRMAN FREEMAN: Commissioner Kirkmeyer.
7 COMMISSIONER KIRKMEYER: I just want to make
8 sure that I heard you correctly. So, sorry.
9 You said that the State is negotiating with
10 Heartland over the violation, the violation from
11 April?
12 MS. HOYLAND: Yes.
13 COMMISSIONER KIRKMEYER: And that there are
14 no terms set for that yet as to what Heartland is
15 supposed to be doing?
16 MS. HOYLAND: Not when I received the call
17 from Heather at the State of Colorado Health
18 Department.
19 COMMISSIONER KIRKMEYER: And that was just
20 recently?
21 MS. HOYLAND: September 7th.
22 COMMISSIONER KIRKMEYER: Okay. Thank you
23 very much.
24 CHAIRMAN FREEMAN: Okay, thank you.
25 MS. HOYLAND: Thank you for your time.
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1 MS. WILLIAMS: Hi. It looks like I'm the
2 last one standing. Good afternoon. And I realize that
3 we are a tight timeline, so I will try to stay at the
4 three minutes.
5 My name is Connie Williams. My husband and I
6 live at 21734 County Road 70 in Eaton, Colorado. We
7 are nowhere near the Heartland plant, so you are not
8 going to hear anything about the odors that are
9 permeating my home.
10 I'm here because Heartland has had an effect
11 on my life and my husband's life, because we live in
12 rural Weld County, a county that we love, a county that
13 we chose to live in for the quality of life it
14 provided.
15 Being a native of Chicago I've very proud to
16 say I'm from Chicago and I live in Weld County. But
17 that was before my county became a dumping ground for
18 the front range. Don't we have enough garbage in Weld
19 County? We have to bring it in from Colorado Springs?
20 And then I find out that my neighbors, all of
21 the people who have testified before you today, are
22 living with the most putrid stench I have ever smelled.
23 I came from the city. I had to learn how to live with
24 agricultural smells. I'm not a consultant so I don't
25 number the odors that I experience.
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1 I know what a feedlot smells like. This is
2 not a feedlot odor. I use the brand new beautiful Weld
3 County highway 49. I use it regularly to go to the airport.
4 For the first 10 years that we lived here I never
5 smelled an odor like the one I smell now every time I
6 use that highway.
7 And the fact that my friends have to live
8 with that putrid stench, breaks my heart. Because
9 that's not what Weld County's all about. It appears to
10 me, having been involved with all of this for the last
11 several months, that everyone involved in this mess is
12 really trying to do the very best they can.
13 My sons, in the Weld County Citizens For
14 Clean Air, have been forthright with you, and they've
15 been forthright with Heartland in trying to express
16 what they're living with. Heartland; Jason and Ralph
17 have tried to be honest with you and with the community on
18 how they're trying -- I stress, trying, to fix the odor
19 problem.
20 You as Commissioners were extremely attentive
21 in the July meeting, interactive with these residents.
22 The State of Colorado is negotiating. I'm not real
23 happy about that, but at least they're negotiating to
24 resolve an air pollution problem.
25 So, everyone has the best intent. But during
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1 all of this time my friends are still living with an
2 odor because hundreds of pounds of garbage and manure
3 are being delivered to Heartland daily. They have to
4 live their lives checking a flag for which way the wind
5 is blowing. Is that reasonable? Is that the quality
6 of life that we can expect living in Weld County?
7 No one who testified here so far would have
8 knowingly built their home or moved right next to a
9 landfill. And yet, that's the neighborhood they have
10 today. They didn't ask for it. In fact, when the whole
11 process, this whole business was first introduced to
12 Weld County, they were told everything would be kept
13 underground and there would be no odors.
14 My husband and I were extremely excited that
15 Heartland was coming to Weld County. We really
16 thought, wow, this can bring some status to our county.
17 Unfortunately it appears all it's brought is stink.
18 This community embraced Heartland early on,
19 and to what end? You know, they knew you as
20 Commissioners wouldn't do anything that would be
21 harmful to their community. So they believed what they
22 were told. And look where they are today.
23 And I find myself saying, why? Why is this
24 happening? Does Weld County receive an incredible
25 revenue stream from Heartland through taxes? And if we
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1 do receive a tax revenue stream, is that going to
2 influence how you rule today? And what amount of money
3 could possibly be worth the quality of life of so many
4 people.
5 In my opinion the original development team
6 from Heartland duped the Planning Commission and duped
7 the community. And neither Jason nor Ralph were part of
8 that. But they are a part of the solution. They are
9 responsible for fixing this problem and fixing it now.
10 If they can't come up with a sustainable alternative,
11 the plant needs to be shut down until they can.
12 Most of rural Weld County has no idea who
13 Heartland is, what they do, or how they have effected this
14 community. But I can assure you the rest of Weld
15 County is going to learn about it soon. And when they
16 do, they're going to stand with the people that you've
17 heard this morning and they're going to stringently
18 support the efforts of their neighbors.
19 Your decisions today as our Commissioners are
20 going to have a profound and lasting impact on this
21 community, on Heartland, perhaps on yourselves, and
22 potentially every one of us who live in rural Weld
23 County. And basically I believe that each of you has
24 the responsibility to do what you said you would do
25 when you were elected to office, and that is to
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1 represent each and every one of us, each and every
2 citizen of Weld County.
3 I thank you so much for giving me the
4 opportunity to express my opinions.
5 CHAIRMAN FREEMAN: Thank you.
6 MS. WILLIAMS: Any questions?
7 COMMISSIONER KIRKMEYER: Thank you.
8 CHAIRMAN FREEMAN: Thank you.
9 So, was there any other public input?
10 (No response.)
11 CHAIRMAN FREEMAN: Okay. So we're going to go ahead and
12 -- was there any other public input? No. Okay. So we're going to
13 go ahead and close public input and we're going to take a lunch
14 break and we'll try to be back as close to 1:15 as we can. We're
15 a little bit late getting out, so it may be closer to 1:30, but
16 we'll attempt it.
17 Okay. With that we'll recess.
18 (Break from 12:11 p.m. to 1:26 p.m.)
19 CHAIRMAN FREEMAN: Okay. Go ahead and come
20 back in session.
21 COMMISSIONER KIRKMEYER: 23-2-250.
22 COMMISSIONER COZAD: Thank you.
23 CHAIRMAN FREEMAN: And I'm going to go ahead
24 and ask the Respondent to go ahead and come back up.
25 So, Jason, you're aware of the concerns from
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1 the neighbors out there, and I'll just give you the
2 opportunity to go ahead with your comments for a
3 response.
4 MR. THOMAS: Sure. Heartland Biogas is
5 concerned and recognizes the concerns and those things
6 that were expressed by the neighbors. These are the
7 same concerns that we've experienced for a while, some
8 conversation about the 8:1 dilution threshold and the
9 2:1 dilution threshold and that kind of stuff.
10 We actually -- I actually asked Trinity to
11 quantify how often is the odor there and
12 when it's there how strong is it? We displayed in the
13 Trinity presentation the strength of those odors, and
14 generally, in terms of almost like a heat map, how
15 strong are those odors and how often are they present.
16 Of the 504 odor detections, 10 were measured
17 in excess of 7:1 dilution threshold -- 8 of them; 5 of
18 them were attributable to the plant based on the wind
19 direction and other odor sources in the area; 33 of
20 them were between 4:1 and 8:1 dilution threshold; 32 of
21 them were greater than 2:1 dilution threshold but less
22 than 4:1 dilution threshold; 197 of them were less than
23 2:1 dilution threshold; and 232 of them were not
24 detectable.
25 So, the odor is there and it is prevalent,
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1 but it is not at the 4:1 or the 8:1 dilution threshold
2 and that's what we were indicating on the slide that
3 said that the average dilution threshold that is
4 measured is right at or just below the 2:1 dilution
5 threshold.
6 So, I understand that the odors are there,
7 and Heartland Biogas is committed -- although like I've
8 said before, we are compliant with the requirements as
9 stated in the MUSR. We are actively engaged in
10 enhancing and improving the facility to reduce the
11 odors.
12 The other thing is that the schedule that I
13 gave you is for completion on March 31st, 2017, the
14 completion of the substrate tank and dosing tank
15 improvement, and June 30th, 2017, for the DPS
16 improvement. This does not mean that the facility will
17 not continue to strive after improvement, just in
18 general operation. And as we continue to operate, as
19 we continue to increase the load, et cetera, we have
20 opportunities to actually make the operation better, to
21 find those opportunities to improve.
22 We found already, for instance, reducing the
23 dosing tank or substrate tank temperatures will have,
24 or has had a positive impact on the odors.
25 There were some recommendations from the
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1 neighbors that we shut the facility down or revoke the
2 permit. And also some concerns associated with the
3 purchaser of the gas, and that means that Weld County
4 doesn't actually receive any economic benefit of the
5 facility being in the County.
6 So I'll speak first to the shut down of the
7 facility. It's not like a power plant, it's not a
8 light switch where you can just turn it off. It's more
9 like trying to shut down a dairy. This is a living
10 organism that we have worked very hard over the course
11 of six months to develop. And as we got to this point
12 we have been continuing to improve that process.
13 So now we have to shut that process down.
14 And when we do so there's an economic and a business
15 ripple effect throughout the community. This goes to
16 the financial impact of Heartland Biogas. I have a
17 list here of some of the companies that will be
18 impacted by that decision.
19 We have McDonald Farms Enterprises, we have
20 Shelton Dairy, we have the M&J Dairy, Gutterson Ranch
21 for trucking, Gusher Oil Field Services, Leprino Foods,
22 JBS USA, All American Proteins, Tri-State Commodities,
23 Go Green Pallet, Preferred Cartage, Anderson Salvage,
24 Green Earth Environment, AGPROfessionals, Dairy
25 Specialists, A-1 Organics, M-5 Consulting, Aurora Dairy,
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1 Meadow Gold, Safeway of Weld County stores, King
2 Soopers in the Weld County stores, and multiple
3 restaurants.
4 Service suppliers include U.S. Rental, Baker
5 Corp., Kinetic Energy, Earthworks, Rex Oil, Aramark,
6 General Air, FedEx and UPS, Hydro -Solutions, Echo Lab,
7 GEO, A&W Water, H&E, The Harris Group, Johns, Inc.,
8 O'Neil Electric, H2K, Skilop (phonetic), Nutrafuge
9 (phonetic), PVREA, and Rain For Rent, and I'm sure
10 there's a lot that I didn't mention.
11 Heartland Biogas is integrated into this
12 community completely, and it does so many great things
13 in terms of its design and what it takes in to the
14 facility and what it produces and what it sends back out
15 (indiscernible).
16 But, to accomplish that task is a group
17 effort, not by Heartland Biogas but in coordination we
18 work with those service providers. So there's a bit of
19 a ripple effect should this facility be shut down.
20 Also to shut down the facility there are some
21 other negative impacts that should be considered. Those
22 negative impact being, once the unit comes back online
23 there is another six-month period of development of
24 microbiology throughout the system, including the
25 biotrickling filtration system. So basically we would
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1 have to spend another six months getting to where we
2 are right now.
3 Then you have just the impact of shutting the
4 facility down. There's nearly 20 million gallons of
5 material being processed at any one time in the
6 facility. In order to stop the biology to make it not
7 do what it's doing right now, those materials, which
8 are contained in the anaerobic digesters and in the
9 covered anaerobic lagoon, would have to be removed from
10 the covered anaerobic digesters and the stuff out of
11 the lagoon.
12 So, just in processing that volume of
13 material in order to effect a shutdown, will have an
14 impact on the community as a whole. So the Heartland
15 Biogas, like I've said, is in compliant. We understand
16 that there are still odors, that the odors are a
17 nuisance or unpleasant to the neighbors. We recognize
18 that and I don't -- I've never disagreed with them.
19 But in light of that we are putting in the
20 energy and the effort, and it's a (indiscernible)
21 effort to effect and put into effect these controls
22 which will make it better.
23 Also, there's been a lot of conversation
24 about that the odor has not gotten better. I have
25 received an email of a letter that went to a
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1 Commissioner that actually says the opposite. It says
2 they're been in the area for a while and that the odors
3 have gotten better.
4 So there have been other reports as well,
5 that I don't know if it's based on the location of the
6 house or, you know, I have no idea, but there is the
7 other side of that as well that says, yes, the facility
8 can produce odors, but also the impacts and the efforts
9 that my staff, my organization, and myself put into
10 this, have had an impact on the odor in terms of its improvement.
11 And we will continue to do so. I mean it is so
12 important to us being a good corporate neighbor.
13 As I said on my slide, compliance is one
14 thing. But improving and continuous improvement is
15 another. And you continue to improve by continuing to
16 operate, you continue to learn more about your
17 operation. You continue to find those opportunities to
18 increase and to improve.
19 There's a lot of question about whether or
20 not the odor would increase with the increased
21 production of the facility. The only way that we will
22 know for sure is to increase the operation of the
23 facility.
24 Which goes back to a point that I made in my
25 slide, that said we intend on continuing a gradual
112
1 increase of the production of the facility, and we will
2 continue to do intense odor monitoring. And if
3 anything happens, where we notice an increase in the
4 generation of odor, we would take action to make sure
5 that we held the odor in check.
6 So, it's not -- I don't want the
7 Commissioners to think that Heartland Biogas intends on
8 increasing the load and just letting it be and just
9 saying that everyone has to deal with it. That's not or
10 approach at all. Our approach is, we will continue to
11 increase on a controlled level. We will continue to
12 learn more about our process, we will continue to
13 improve our process. And as we reach the design point
14 we'll be at that point in which the facility is
15 designed run at its most efficient. Right?
16 I think that that's all I have to say. If
17 you guys have any questions I'll be happy to answer
18 them.
19 CHAIRMAN FREEMAN: Okay. Commissioner
20 Moreno.
21 COMMISSIONER MORENO: Jason, I know it wasn't
22 today, but the last time we talked you were asked a
23 question, you know, are there others -- look at their
24 best practices in operating, and you said not here, but
25 outside the country.
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1 Have you looked into that a little more?
2 What do you know about that?
3 MR. THOMAS: James is correct in his
4 presentation. The industry best practice is to cover
5 everything, correct it and treat it. Right? So,
6 that's what we're doing.
7 Our expansion of the DPS cover all building
8 and our inclusion of a new building covering the
9 unloading pad at the DPS. That is a cover, correct
10 and treat because it will be treated in a biofiltration
11 system.
12 COMMISSIONER MORENO: Okay. Let me ask the
13 question then. Did they start off doing that after the
14 fact or did they build it that way to begin with?
15 MR. THOMAS: The company that we hired to
16 built -- design and build the facility has done a lot
17 of anaerobic digestion, mostly in association, I
18 believe, with a water treatment facility, and we
19 understood that they were doing best practices and so
20 we continue to review those best practices and
21 implement them in our current design changes.
22 CHAIRMAN FREEMAN: Yes, Commissioner
23 Kirkmeyer.
24 COMMISSIONER KIRKMEYER: So, first of all,
25 can you tell me where all the garbage is coming from
114
1 that is acquainted with the gas? And some one
2 mentioned like Colorado Springs and other areas?
3 MR. THOMAS: Right. 80 percent of the
4 organics and waste streams are coming from Weld County.
5 COMMISSIONER KIRKMEYER: From places within
6 Weld County, is that what you're saying?
7 MR. THOMAS: Yes.
8 COMMISSIONER KIRKMEYER: Okay.
9 MR. THOMAS: That's what I've been told. So
10 we have the Leprino Dairy and JBS, we have --
11 COMMISSIONER KIRKMEYER: That's fine. And
12 where is the other 20 percent coming from?
13 MR. THOMAS: Where's the other 25 percent?
14 You don't know?
15 UNIDENTIFIED MALE SPEAKER: Outside of Weld
16 County.
17 MR. THOMAS: An example would be Care and
18 Share down in Colorado Springs, would bring canned
19 goods and materials that were not suited for
20 distribution to the community up to our facility for
21 de -packaging and processing.
22 COMMISSIONER KIRKMEYER: Okay. And all of
23 the waste that you're bring in meet your Design and
24 Operational Plan that you submitted to Weld County and
25 to the State Health Department?
115
1 MR. THOMAS: Yes, they do.
2 COMMISSIONER KIRKMEYER: Yes?
3 MR. THOMAS: Yes, they do.
4 COMMISSIONER KIRKMEYER: Okay, thank you. So
5 there was another question from the public that you
6 have been negotiating with the State over the violation
7 that occurred from April. And, have any terms come
8 from that?
9 MR. THOMAS: Actually, we have not entered in
10 to negotiations. There is a still a conversation
11 ongoing concerning the 15:1 dilution threshold.
12 COMMISSIONER KIRKMEYER: Concerning the what?
13 I'm sorry.
14 MR. THOMAS: The 15:1 dilution threshold.
15 COMMISSIONER KIRKMEYER: What's the 15:1
16 dilution threshold? Is that the 7 --
17 MR. THOMAS: The area's not predominately
18 residential.
19 COMMISSIONER KIRKMEYER: All right. And are
20 you aware of the letter that was sent out when this was
21 first being heard before the Board of County
22 Commissioners that was sent out by your predecessors
23 about that there would not be any odor?
24 MR. THOMAS: The letter was brought to me by
25 John Martin, when he came to my office to discuss the
116
1 odors. And that was the first time that I seen the
2 letter. So, yes, I am familiar with the letter.
3 COMMISSIONER KIRKMEYER: And so, the
4 improvements that you are talking about in March of
5 2017 and June of 2017, are those improvements that
6 should assist with the odor?
7 MR. THOMAS: Yes. So when we talk -- we had
8 Trinity discuss or look at what were the odors, what
9 are the types of odors coming off the facility. And we
10 identified that there is one particular odor that's
11 coming off that facility that is different than
12 anything else in the area, and that is the smell of the
13 organics and the waste streams that are coming in.
14 There are only two places that those are
15 stored or processed, other than in the anaerobic
16 digesters. So they are stored and they are brought
17 into the facility and processed at the digester
18 processing system.
19 COMMISSIONER KIRKMEYER: That's what DPS
20 stands for, correct?
21 MR. THOMAS: That's right, Digester
22 Processing System.
23 COMMISSIONER KIRKMEYER: Okay.
24 MR. THOMAS: That system receives organic
25 wastes and when it does it takes out the foreign
117
1 material, so if plastics or metals or tree branches or
2 golf balls or bowling balls, because we don't want
3 bowling balls in the digesters -- pumps really
4 don't like them.
5 So that facility processes the material and
6 makes it into a pulp (sic) form. That facility does
7 not store material. So the material is brought in, it
8 is processed -- and "processed" meaning macerated or
9 remove the material from the materials, and then that
10 is pumped in an underground pipeline into the substrate
11 tanks. It is stored in the substrate tanks until it is
12 mixed with the manure and then pumped into the digester
13 for processing.
14 There are no openings in the digesters. That
15 was kind of mentioned in one of the presentations and
16 one of the discussions. Digesters work in anaerobic
17 digestion. Anaerobic is a non -oxygen based system, so
18 you can't have those systems open and have anaerobic
19 digestion. So the digester systems are not open in the
20 atmosphere. There is no (indiscernible) except for the
21 safety system that are in the facility for the gases
22 inside the digesters (indiscernible) facility.
23 So the substrate material is what I've seen
24 described by my neighbors as being trash, rotten food,
25 rotten animals, (indiscernible). This is why I am
118
1 aggressively pursuing these two sources of odor at the
2 facility.
3 The rest of the odor is really our AG odors,
4 right? We have a manure pit which is -- it's an open
5 top manure pit and it smells like the dairies in the
6 local area, because it is the dairies from the local
7 area. And then we have the lagoons, which are a manure
8 water smell, which is very typical to the area.
9 So we believe the best thing that we can do
10 to improve, as rapidly as possible, is to focus our
11 energies and our attentions on fixing those two
12 problems. Right? You go and you pursue those two
13 problems. You take them out of the equation and then
14 you compare that to your baseline to see how are you
15 doing, what is the impact that you've had?
16 The question that's also been asked is, does
17 increasing the gas production, does that increase the
18 amount of odor that comes in? Because you think, okay,
19 you're bringing in more material, you're going to have
20 more odors, right?
21 Well, all the material that comes into the
22 DPS is processed that day. So none of it's stored
23 there so nothing really changes there. You bring it
24 in, you process it, you put it into the tanks.
25 The tanks will store the same volume of
119
1 material, it's just you're putting more through the
2 digester. The digester's basically consuming more of
3 that organic material, right? So basically you've got
4 the same volume of material in the tank that we're
5 talking about, the substrate tank. It vents out to
6 atmosphere and the odors are coming out.
7 So it's the same volume of material in there,
8 it's just that you're putting more of it more quickly
9 into the digester. And the facility's already receiving
10 it's full (indiscernible) manure at this point too. So
11 you're just increasing those other steams. They get
12 processed, not stored at the facility.
13 To process them you put them into the
14 substrate tanks. It continues to do exactly what it's
15 doing right now. It's ventilated and the odor's
16 produced.
17 COMMISSIONER KIRKMEYER: I understand. The
18 organic material, though, that's brought in. Where is
19 it stored before it goes into the tank?
20 MR. THOMAS: It's stored at the producer.
21 It's brought in on truck, the truck dumps, it processes
22 and sends it over to my --
23 COMMISSIONER KIRKMEYER: And when the truck
24 dumps, it dumps strictly -- directly, right in to the
25 tank?
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1 MR. THOMAS: No. So we have some direct load
2 into substrate. National Western, the grease
3 processing facility in Denver, it trucks -- there's one
4 of them (indiscernible). National Western trucks it in,
5 it comes in to a pumpable form. They don't have to do
6 anything to it to make it pump into a digester, so it
7 is pumped directly into the substrate tanks.
8 But the majority of the material will be
9 processed at the DPS and then for storage into the
10 tanks. So it's brought on to the facility, processed,
11 stored in my storage tanks and then injected.
12 COMMISSIONER KIRKMEYER: So when it's brought
13 on to the facility, is it at any time out in the open?
14 MR. THOMAS: Currently, right now, it's
15 dumped on that pad that we were talking about, which is
16 where we're building one of the buildings. That pad is
17 being treated with misting systems as we speak.
18 COMMISSIONER KIRKMEYER: And that building
19 that you're building, when is that supposed to be
20 completed?
21 MR. THOMAS: This system, as I spoke in my
22 presentation, is anticipated to be complete on June
23 30th, 2017.
24 COMMISSIONER KIRKMEYER: Oh, that's not till
25 June 30th?
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1 MR. THOMAS: Uh-huh.
2 COMMISSIONER KIRKMEYER: So actually July 1,
3 right? You can actually say July with that.
4 So, you said earlier that your facility's at
5 40 percent. So 40 percent of capacity, 40 percent of
6 production?
7 MR. THOMAS: We are making 40 percent of the
8 design volume of gas per day.
9 COMMISSIONER KIRKMEYER: Okay. And of that
10 40 percent, how much of it is related to manure -type
11 materials or organic materials?
12 MR. THOMAS: We are at 50/50 split between
13 manure and organic material.
14 COMMISSIONER KIRKMEYER: Okay. And then, one
15 of the other questions came out by Mr. Welch, has to do
16 with your 8:1, your 5 readings that your consultant
17 took, that measured at 8:1 and he made a comment that
18 any other readings were taken anywhere from 20 to 45
19 minutes later and not within that 15 minute timeframe.
20 Is that correct?
21 MR. THOMAS: The data presented appears that
22 way. What I asked him to do is tell me, did you take
23 additional readings at the 8:1 dilution threshold
24 readings? He said, yes. I said, I need to know the
25 number of minutes that those were taken apart, because
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1 I needed to know if they represented a violation of the
2 MUSR stated 7:1 dilution threshold.
3 COMMISSIONER KIRKMEYER: So they very well
4 could have, if they weren't taken within the 15 minute
5 time frame?
6 MR. THOMAS: I would not -- on my observation
7 of these odors, I would not agree with that statement.
8 COMMISSIONER KIRKMEYER: But none of them
9 were taken within the 15 minute timeframe?
10 MR. THOMAS: They were all taken in
11 accordance and requirements of --
12 CHAIRMAN FREEMAN: So they have to be longer
13 than 15 and less than an hour for the second reading.
14 MR. THOMAS: The second reading has to be
15 greater than 15 minutes from the first. But it can be
16 taken longer than 60 minutes away. So there's a 45
17 minute period that the odor -- the second odor reading
18 is taken, and it would be measured as out of compliance
19 with the regulation (indiscernible).
20 Any single reading of an 8:1 dilution
21 threshold is not under the wording of Regulation No. 2
22 a violation. A second reading of the same odor, after
23 15 minutes but before 60 minutes would be -- a second
24 reading in excess of 7:1 dilution threshold.
25 COMMISSIONER KIRKMEYER: And did you report
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1 those readings to the State Health Department in your
2 discussions with them?
3 MR. THOMAS: I don't think I told Phil that
4 we had measured ourselves at an 8:1 dilution threshold.
5 I have told him that, I mean --
6 COMMISSIONER KIRKMEYER: Sure.
7 MR. THOMAS: One of the things that I'm
8 looking for here is to demonstrate transparency in the
9 odor monitoring that we've done. I hired a consultant
10 to tell me what is the odor, and am I in compliance.
11 We measured ourselves, or the Trinity
12 Consultants measured us at a 8:1 dilution threshold,
13 but we did not get that top (indiscernible). Out of
14 504 readings, only 5 of them attributable to the plant
15 were in excess of the 7:1 dilution threshold. And
16 through my personal readings of the odors and through
17 the conversation that I've heard from several of the
18 neighbors, these are transient odors, they hit and then
19 they go away. Right?
20 So you asked me, is it possible that it
21 lasted longer, somewhere in that 50 minute timeframe.
22 My opinion would be no, but I have no -- nothing other
23 than just the experience of being around the facility
24 as long as I have and doing my odor observations, I
25 would say that's probably not likely.
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1 COMMISSIONER KIRKMEYER: And the measurements
2 were taken from the road, correct? They weren't take
3 from like down in a ditch or obviously they weren't in
4 anyone's homes. I heard your consultant say that. So
5 they were just taken from the road?
6 MR. THOMAS: As I understand the methodology
7 that they applied, they would drive to a specific
8 pre -identified point, get out of the vehicle and
9 perform an odor observation. They were not walking
10 into ditches and that kind of stuff.
11 COMMISSIONER KIRKMEYER: So, I noticed he
12 talked about downwind and upwind. Was any of that ever
13 down gradient?
14 MR. THOMAS: Actually, County Road 47 is in
15 Beebe Draw and is dramatically lower in elevation from
16 the facility. So it does go down. Is that what you're
17 asking?
18 COMMISSIONER KIRKMEYER: Uh-huh.
19 MR. THOMAS: So, yes. County Road 47 would
20 represent a depression where the odors were measured.
21 COMMISSIONER KIRKMEYER: Okay, thank you.
22 CHAIRMAN FREEMAN: Commissioner Cozad.
23 COMMISSIONER COZAD: Okay. I've kind of a
24 mass of notes. I was trying to organize my questions.
25 Just to follow up on Commissioner Kirkmeyer's
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1 question about the 40 percent design capacity. So is
2 that the 40 percent of the amount of materials that you
3 can take or the amount of gas that can be produced?
4 MR. THOMAS: The amount of gas that can be
5 produced. But they do apply, right? The material that
6 is used to make the gas that the bugs consume to make
7 the gas is the organic material. So obviously you'd
8 have to bring in more organic material in order to make
9 more gas.
10 And no all materials are created equal. So
11 there are certain greasy materials that have very high
12 gas potentials. These materials come off of, for
13 instance, JBS grease, and that kind of stuff, the
14 National Western, right?
15 These materials, though, the bugs take a
16 while to actually consume them. So you have kind of
17 just like the human body. Its' just like the human
18 body, same basic bacteria. If you give it
19 carbohydrates and sugars it will turn it all into gas
20 right now, right? If you give it maybe a heavier, a
21 greasier material, the body takes a longer time to
22 break it down, but it gets a lot more energy out of it.
23 And so the same holds true. So, the -- we
24 call them fats, oils and grease as FOGs, right, we call
25 them FOG and non- FOG. You can think of it as the
126
1 greases and oil and fats, and then you can think of
2 your sugars and carbohydrates.
3 The more material we can identify and bring
4 into the facility that is a FOG material -- and you
5 can't just feed a digester FOG because it's just like
6 us, you know, you can't feed us that alone, the better
7 gas production you get.
8 So there are a lot of options that we are
9 looking for in terms of throughput. Because if you can
10 increase the amount of -- or control or manage the
11 amount of material that you're putting into the
12 digester, that material spends a longer duration of
13 time in the digesters, right, the hydraulic retention
14 time.
15 So as those bugs are in there, they're
16 spending more time with this organic material and
17 they're giving you, me, more gas for the same amount of
18 material. And that's my goal, right, that's my -- this
19 is where I talk about operational experience leading to
20 improved performance. Right? I can learn a lot by
21 operating this machine and continuing to find that
22 sweet spot by which I bring in the right amount of
23 material, not too much, right? Have the right amount
24 of hydraulic retention time, and hit the design gas
25 point.
127
1 So when I say I'm at 40 percent of design,
2 I'm generating 40 percent of the gas, but I can improve
3 the process based on the available substrates to make
4 more gas with the same amount of material.
5 COMMISSIONER COZAD: Or maybe even less.
6 Well -- Depending on what the material is.
7 MR. THOMAS: We still need a lot more
8 material than we're getting now.
9 But I'm not saying that we're going to
10 get five times as much material to (indiscernible)
11 myself to the 60 percent.
12 COMMISSIONER COZAD: To the 100 percent,
13 okay.
14 MR. THOMAS: Yeah.
15 COMMISSIONER COZAD: So then what do you
16 think is the timing on getting up to 100 percent? You
17 know, what do you think?
18 MR. THOMAS: The design rambray (phonetic) --
19 well, I'm going to get super technical. It's .044,
20 .004 pounds of all the solids added per day increase
21 per cubic foot. That's per cubic foot in a digester.
22 So the liquid volume in the digesters, right now I'm
23 putting .2, pounds of volatile solids per cubic foot of
24 digested storage material per day. I have to get to
25 .4. The design point is .407 pounds of cubic -- I got
128
1 all excited about the numbers, I forgot your question.
2 COMMISSIONER COZAD: Okay. I --
3 MR. THOMAS: .407 is --
4 COMMISSIONER COZAD: I just said at what
5 point, do you have a time frame of when you think you
6 could be up to 100 percent?
7 MR. THOMAS: Right. So the design goal right
8 now is to increase at .004 pounds of all volatile
9 solids per day to .38 pounds of volatile solids per
10 cubic foot per day, and then decrease that to .003.
11 COMMISSIONER COZAD: Do you just have a date?
12 MR. THOMAS: Huh?
13 COMMISSIONER COZAD: Just a date. We're just
14 looking for a date.
15 MR. THOMAS: Assuming --
16 COMMISSIONER COZAD: I don't even know how
17 much you're going to increase every day.
18 MR. THOMAS: Assuming that everything is
19 exactly perfect --
20 COMMISSIONER COZAD: It was interesting, but
21
22 MR. THOMAS: Assuming that things are exactly
23
24 COMMISSIONER COZAD: -- deals with your
25 chemical background.
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1 MR. THOMAS: We would be there -- and this is
2 availability of materials, substrate materials and that
3 kind of stuff, right? We would be there somewhere mid
4 January, mid to end of January.
5 COMMISSIONER COZAD: Of 2017?
6 MR. THOMAS: Yes.
7 COMMISSIONER COZAD: You talked a little bit
8 about the inert tanks and using nitrogen. So, is that
9 something that you're doing now? I wasn't quite sure
10 because you talked about a couple of different things
11 you're talking about doing in to the future, one was
12 the biofilters, and that was March, I think you said,
13 of 2017.
14 What about the tanks with the -- Nitrogen.
15 MR. THOMAS: Right. The entire
16 project's completion date is March 31, 2017. That's
17 the completion of the substrate tank and dosing tank
18 piping in biofilters system and nitrogen inert --
19 COMMISSIONER COZAD: So the exhaust
20 system that was in the building, I think you said?
21 MR. THOMAS: That's the DPS.
22 COMMISSIONER COZAD: Yeah, the biofilters.
23 And then the inert tank. So that's all one thing
24 that's going to be done by March of this next year?
25 MR. THOMAS: So the DPS one we are -- our
130
1 target is June 30th. The substrate tank -- this is a
2 tank with big vents on top and we're blowing air into
3 it. Instead of blowing air into it, we're going to
4 allow that volume that's displaced by the changing
5 level --
6 COMMISSIONER COZAD: Uh-huh.
7 MR. THOMAS: -- to be nitrogen, so you're not
8 putting nearly as much volume at your through -put -- of
9 gas through the tank. That nitrogen then, when the
10 level comes up, it will be breathed out. But instead
11 of breathing out into the atmosphere through the vents,
12 we will be replacing the vents with piping.
13 The nitrogen will go into the piping and the
14 piping will have a blower on it that draws the nitrogen
15 to itself, and then the nitrogen and the odor will go
16 through the biofilter. That then will result in the
17 treatment of the gas.
18 So (indiscernible) go together --
19 COMMISSIONER COZAD: Right.
20 MR. THOMAS: -- in terms of the overall
21 project to resolve or to reduce the odors that are
22 coming out of the substrate tanks themselves.
23 COMMISSIONER COZAD: Okay, thank helps. Thank you.
24 MR. THOMAS: Yes.
25 COMMISSIONER COZAD: And let's see, you
131
1 talked also about looking at evaluating and pursuing
2 some other things. You talked about potentially
3 covering the manure, effluent pits, the 145 -foot
4 exhaust stack, the north and south lagoons, and
5 microbiologic treatments.
6 Are those things that could be implemented at
7 the same time? Would that be after you're doing some
8 of these other things? What's sort of the timing on
9 those things?
10 MR. THOMAS: So we are reviewing the
11 engineering associated with those availability
12 materials and parts and those kinds of things. And
13 those evaluations will continue, but we are focusing
14 our attention on what we really believe to be the
15 primary generator of the odor that is offensive and
16 bothering the neighbors themselves.
17 COMMISSIONER COZAD: So these are --
18 MR. THOMAS: We will continue to evaluate
19 those things --
20 COMMISSIONER COZAD: Okay.
21 MR. THOMAS: -- as we go through it. But
22 we're focusing all of our energies and efforts on -- in
23 terms of the improvement and engineering designs on the
24 substrate tank and different tanks.
25 COMMISSIONER COZAD: So things that I just
132
1 listed are more the secondary, could be secondary
2 sources of odor?
3 MR. THOMAS: Correct.
4 COMMISSIONER COZAD: Okay. If anybody else
5 has another question I think -- oh, I did have another
6 one. Give me a minute to look through my notes.
7 COMMISSIONER KIRKMEYER: So in your opinion
8 then, is it the organic material that you believe are
9 the main source of the odor that the neighbors are
10 speaking of?
11 MR. THOMAS: The odors that are coming off of
12 the substrate tanks and the DPS, I think, based on my
13 observations, are the odor that doesn't fit in to the
14 Ag conversation that most of the (indiscernible).
15 COMMISSIONER KIRKMEYER: So those would
16 relate more to those organic materials and not the
17 manure?
18 MR. THOMAS: Right.
19 COMMISSIONER KIRKMEYER: Okay. And then
20 there's a picture of a stack that -- you know, with the
21 black smoke.
22 MR. THOMAS: Certainly.
23 COMMISSIONER KIRKMEYER: What was that?
24 MR. THOMAS: So that is a flare. So when you
25 can't process the gas you have to destruct the gas. So
133
1 the digesters, you can't tell them to stop producing
2 gas, so you always have to have a place to put it,
3 right. We have storage in the digester, but it's
4 limited.
5 So when we're not processing the gas we will
6 run the flare. And the flare is not always
7 operational. So you can get the transition including
8 no combustion to complete combustion.
9 The plumb that's coming off of the flare is
10 actually an incomplete combustion of hydrocarbons. So
11 there is a period of time by which you begin to
12 introduce gas into the stack that you develop the heat
13 and the energy necessary for complete combustion.
14 So you have this plumb of black smoke that
15 would come out of the stack for a brief period of time
16 during the start-up of the flares. This is another
17 opportunity by which, you know, you have to commission
18 these machines, right? So you start up the machine and
19 you do all the commissioning associated with the flares
20 so you know when it's running there are no visible
21 emissions coming off of the top of the -- when it's
22 fully in operation, which is all of the time except for
23 during that startup. Right?
24 So, there is no plumb coming off the stack in
25 normal operations. And then we're tuning our machine
134
1 to improve the amount of black smoke that comes out
2 during a start-up sequence.
3 COMMISSIONER KIRKMEYER: So, how often is
4 start-up?
5 MR. THOMAS: Well, that's -- on average?
6 COMMISSIONER KIRKMEYER: Yes.
7 MR. THOMAS: We've gotten a lot better
8 because we've gotten better --
9 COMMISSIONER KIRKMEYER: Sure.
10 MR. THOMAS: -- at running the rest of our
11 gas systems that we're talking about.
12 COMMISSIONER KIRKMEYER: On average?
13 MR. THOMAS: Okay. As you improve your
14 operation through experience you improve everything
15 about that operation. We've been burning the gas in a
16 flare dramatically less. But as we -- dramatically
17 less. I mean, we were doing it all day all the time
18 for a long time because that's the only place we could
19 do it until we commissioned the machinery that would
20 lead to construction and commission the machinery that
21 processes this gas. Right?
22 As we commission the machinery that processes
23 the as and its reliability and we find the bugs
24 associated with the start-up and fixed those bugs, it's
25 running more efficiently and the flare doesn't start up
135
1 as often. But a blip in PVREA electric, that shuts
2 everything down in my facility. Well, then the flare
3 automatically starts off.
4 So, sometimes it's been never in 24 hours do
5 we run the flare. And sometimes run the flare two or
6 three times a day, as the system turns on and off so
7 that you constantly have a place for the gas to go.
8 COMMISSIONER KIRKMEYER: So we're though the
9 commission period?
10 MR. THOMAS: We are finishing the
11 commissioning period.
12 COMMISSIONER KIRKMEYER: Well, we aren't, you
13 are. You're finishing --
14 MR. THOMAS: I personally am finishing the
15 commissioning period of the facility.
16 CHAIRMAN FREEMAN: Commissioner Cozad.
17 COMMISSIONER COZAD: Actually, that was one
18 of my questions I wanted to ask about the incinerator
19 and the flare.
20 So is that typical of it you see that black
21 smoke, or is that something that you're working out
22 some of the initial start up? Because I haven't seen
23 the black smoke before, and so I just was wondering if
24 that's typical, if that violates any of your air
25 permits?
136
1 MR. THOMAS: I cannot look at that picture
2 and measure or know whether or not it's a violation of
3 the permit. The permit allows for a certain opacity;
4 just how dense is the smoke, and it allows for an
5 increase opacity limit when you're starting up.
6 Because when you go from no combustion to
7 full combustion, there is a period of time that you
8 have to transition it. And so it's understood, even in
9 the permit, that there can be and will be, some black
10 smoke every single time you start up.
11 The people at the facility, my entire staff
12 -- I should not say the entire staff. The majority of
13 my staff are trained in Method 9 analysis. They are
14 qualified to measure the Method 9 capacities (sic.)
15 COMMISSIONER KIRKMEYER: So you don't believe
16 you can't tell just by looking at it if it's exceeded
17 it's 20 percent opacity?
18 MR. THOMAS: I can't look at that picture and
19 tell you there is --
20 COMMISSIONER KIRKMEYER: Do you have any
21 recording record of it exceeding that 20 percent
22 opacity?
23 MR. THOMAS: No. My staff does a visual
24 check every day to see what the opacity is coming from
25 the stack. And we will be doing initial testing of the
137
1 stack through Method 9's as we get notice of start up
2 and stuff done (sic), so in accordance with the air
3 permit.
4 MR. GARCIA: Good afternoon, Commissioners.
5 Bill Garcia, 5586 19th Street, Greeley, Colorado, Coan,
6 Payton and Payne. I just wanted to throw in a little
7 information on this information here.
8 That the information we heard and the picture
9 we saw did not have any correlation to the odor
10 reporting. And based on the information brought today
11 from the Probable Cause hearing, we were consider the
12 April 27th and ongoing odor complaints.
13 Now, we are very happy to assist and provide
14 as much information, be as transparent as possible. In
15 preparing for today's presentation we were not provided
16 with the pictures or any questions with regard to the
17 stack and the questions on this line of questioning.
18 We're happy to go and get further information for the
19 Commissioners. But I just wanted to let you know that
20 in preparation for this matter, that was not a matter
21 that came up at the Probable Cause hearing, and we
22 don't have anything other than conjecture.
23 CHAIRMAN FREEMAN: Commissioner Cozad.
24 COMMISSIONER COZAD: I have a quick follow-up
25 question for Chris, because I think -- I'm not sure.
138
1 You put up here Development Standard No. 44. But I
2 thought at the Probable Cause hearing we also had
3 Development Standard No. 34, which covers basically all
4 of the Conditions or the Development Standard for the
5 USR, which would include being in compliance with air
6 quality.
7 So -- and maybe this is a question for legal
8 counsel. Is that something that we can consider today or
9 not?
10 MR. HAUG: Well, the request -- the notice
11 that was published for this particular hearing did
12 reference the previous hearing on the (indiscernible).
13 It refers to compliance with all of the foregoing
14 Development Standards, however, it does focus on the
15 odor and the air quality.
16 So I think the question is, are they in
17 compliance with the air quality. That may be related
18 to the stack. I don't know. That may be a question
19 for Mr. Brewer as to whether or not that's a part of
20 the permit.
21 COMMISSIONER KIRKMEYER: Well, let me answer
22 the question. So, the Probable Cause hearing, in our
23 findings we identified these three Standards by which
24 we were moving from a Probable Cause to a Show Cause
25 hearing. And the Development Standard No. 44, which
139
1 states that they have to be in compliance with all of
2 the foregoing Development Standards is essentially a
3 catch all.
4 Because Development Standard No. 34 says they
5 have to be in compliance with everything in our Code
6 and in State and Federal regulations, which again is
7 another catch all. And then there is Development
8 Standard No. 18 which talks about the exhaust coming
9 from the facility.
10 So, basically what we put in front of them
11 and saying why we need it from a Probable Cause to a
12 Show Cause was based on Development Standard No. 44,
13 which essentially lets us look at every Development
14 Standard here.
15 MR. GARCIA: And that being stated, I
16 appreciate that information. However, the factual
17 basis that was provided, provides the groundwork as
18 well as the information that was provided.
19 And, thank you, to Weld County staff to
20 provide the basis of what the parameters of today's
21 meeting were, and that was not included. So there was
22 a lack of noticed of this one.
23 Again, we're willing to go and get that
24 information and provide information to the County. This
25 is an ongoing discussion and review, but my point is
140
1 that Jason here does not have the information to be
2 able to give it to you today because we were preparing
3 for the factual bases that we received from the
4 Probable Cause hearing and from staff review.
5 COMMISSIONER COZAD: I appreciate that.
6 COMMISSIONER KIRKMEYER: That's fine.
7 COMMISSIONER COZAD: And I think, you
8 know, you didn't have that information prior to coming
9 here today with pictures and that sort of thing, so I
10 understand that. I just had some questions about it,
11 and I wanted to make sure it was in total compliance
12 with the air quality.
13 MR. THOMAS: We are interested in being
14 complaint with everything. Right? We're proud of the
15 work we do, right? We love this work. And there are a
16 lot of permits associated with an anaerobic digester,
17 and everyone's kind of learning about these things
18 because this is the biggest one in the country, right?
19 We talked about some negative press
20 . But, man, I mean if you read NPR you
21 saw this digester facility that said Weld County right
22 on the front of it, and world's biggest stomach, and
23 look what we're doing to promote renewable energy.
24 Right? These are the things we're very proud of, the
25 perennial palate -- plate. I always say "palate"
141
1 because that's what I think of.
2 But the perennial plate ran some interesting
3 information about why anaerobic digestion is a good
4 thing. Look, this is big in other areas of the world
5 and it should be big in the United States of America,
6 right? This should be something we're proud of. I'm
7 proud of it. But it takes a lot of work, right?
8 So, we are learning, we are continuing to
9 develop and we are continuing to improve the
10 operations. I mean the stack reading's important to
11 me. Right? So, it's like everything else, we are
12 continuing to improve that facility to make sure that
13 we remain in compliance with all of those.
14 COMMISSIONER KIRKMEYER: Sure. And I don't
15 disagree that this wasn't new operation that was
16 presented today. But again, I would just point out
17 that Development Standard No. 44 is pretty much a
18 catch-all and, again, we can go in and look at all of
19 the Development Standards because Development Standard
20 No. 44 was brought up at the Probable Cause hearing,
21 and as a reason for bringing it to a Show Cause
22 hearing.
23 But I agree with former Commissioner Garcia,
24 that it is new information, and I certainly do
25 appreciate that as well, and that you may not be
142
1 prepared to answer the questions related to it. I
2 fully understand that. Doesn't mean I'm not going to
3 ask you the question.
4 MR. THOMAS: No. I appreciate how interested
5 you are in all that we're doing. It's good. It's a
6 good thing, so.
7 COMMISSIONER KIRKMEYER: All right.
8 CHAIRMAN FREEMAN: Commissioner Conway.
9 COMMISSIONER CONWAY: So I'm want to bring it
10 back down to kind of the basic. I don't have the
11 degree that Commissioner Cozad has in these things, so
12 I'm trying to get it down to basically -- I think you
13 nailed it in terms of your earlier answer that odors
14 tend to be sporadic, and how do we address the main
15 source of that?
16 I think the residents here are simply trying
17 to figure out how we can address those sporadic odors
18 which tend to be very impactful on their lives. And my
19 basic question to you is, in terms of developing the
20 point source, do you think you're getting a handle --
21 because I know this is an ongoing process -- in terms
22 of the point source and in terms of those odors.
23 I know you talked about the organics where
24 you think that might be problematic as opposed to
25 manure. Can you address that a little bit more?
143
1 Because I think the folks here today are simply saying,
2 can we address the odor source? And you've identified
3 that they tend to be in -- I think one area of
4 agreement we may find today, other than them being
5 complimentary to you of being responsive to them, is
6 those odors are sporadic. They tend to come and go.
7 How do we drill down to the core of that? I
8 know you're building the building, you're enclosing it.
9 You're doing some of the best management practices in
10 terms of some of the other things you've learned.
11 Could you address it a little bit more?
12 Because I think that's really where we're at here. How
13 do we address this ongoing odor issue?
14 MR. THOMAS: Right. So we keep talking about
15 continuing the operation of the facility. And we -- I
16 and my staff had gone through a long effort of finding
17 and identifying those odor sources. Right? What is
18 causing the odor and what can we do about it?
19 COMMISSIONER CONWAY: Right.
20 MR. THOMAS: And we marched ourselves down
21 through the presentation to the Probable Cause and even
22 continued a couple weeks after that. We brought
23 somebody in and we said, okay, fresh eyes, go look at
24 it.
25 You notice that the substrate tank, which was
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1 presented in the Probable Cause hearing, we were going
2 to fix the substrate tank. Now I'm saying we're going
3 to fix the substrate tank and the dosing tank. Right?
4 The dosing tank changes its volume and it is
5 vented to the atmosphere, so every time that tank would
6 fill up it would burp out the gases that were inside
7 that tank, which contained some odor. Right? So
8 that's a transient odor; it's there and then it goes
9 away, and it's there and it goes away.
10 So, by operating the facility we've looked at
11 and identified -- well, we identified that it was an
12 odor source, so now we're testing it, we're misting it
13 to control that odor. So continuing to learn those
14 opportunities to improve on those point sources and the
15 transient nature of the odor, I think is important to
16 what you're saying.
17 So the substrate tanks are constantly venting
18 and the atmosphere out there is constantly moving
19 around. Right? And I think that's kind of why it's a
20 -- it hits you and it goes away.
21 So the transient nature of the odor doesn't
22 really equate to what can I do to reduce just the
23 transient nature of it. I have to fix it all the way,
24 because I think it's just kind of doing like a bit of a
25 wave. And there's more times when it's more strong and
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1 there's times when it's not very strong. Right? So it
2 kind of comes and goes; it ebbs and flows.
3 It seems to be very much based on weather.
4 Right? A lot of the complaints come in in the morning,
5 early morning, and in the evening. You could see
6 Trinity -- I asked them specifically to focus on those
7 areas.
8 I want to know -- there's two things that I
9 had to know. First, I had to know, am I compliant. The
10 Commissioner very wisely told me, I think there's a
11 good possibility you're out of compliance when you're
12 not looking, right? So I hired a consultant to come in
13 and look all the time, as much as possible. Which, you
14 know, they wouldn't do it 24 hours a day, but they did
15 a lot more odor monitoring then I could do myself, and
16 certainly than we would want to put on Phil's shoulders
17 (indiscernible) so much other good work for the County.
18 So my initial purpose of bringing in the
19 consultant was to prove to myself, so that I could
20 sit confidently in front of you and say, I'm in
21 compliance with the regulation. But the second part
22 about that is, the importance of the underlying data;
23 what are the odors, how often are they there, how do
24 they behave, and are the engineering practices that
25 you're going to put in to place, are they going to
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1 address it? Right?
2 So we continue to look for those transient
3 odors. Are there things that happen throughout the
4 operation of the facility that are giving a plume and
5 then the plume disappears? Right?
6 It doesn't appear that way except for in a
7 couple of areas, which we've already addressed with the
8 misting systems. Those areas are also addressed with
9 the engineered (indiscernible).
10 COMMISSIONER COZAD: So, I'm trying to look
11 through our Tyler system. I know Jason brought up -- I
12 got, I think not a letter but an email from John
13 Martin. You said something about a Commissioner, about
14 something from one of the neighbors that said that they
15 thought the odors had gotten better. And I had
16 forwarded that over to Planning, but I can't find it.
17 There's like, you know, 600 documents in here.
18 But, so just to state on the record. John
19 did send me an email. I don't know how close John
20 lives, but he actually did tell me that -- and he
21 called me too, that the odors there have gotten better.
22 And he could not be here today, I think he's out of
23 town or something. So, I just wanted to put that on
24 the record, because I was looking for it and couldn't
25 find it.
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1 Because he's pretty close by --
2 MR. THOMAS: Right.
3 COMMISSIONER COZAD: -- and I know he is
4 actually one of the people that has called and emailed
5 quite a bit and actually made complaints in the past.
6 So I know he couldn't be here today, so I just wanted
7 to get that on the record.
8 MR. THOMAS: I appreciate that. And that's
9 not to say -- I mean, just straight across the street
10 things couldn't be different, right?
11 COMMISSIONER COZAD: Right.
12 MR. THOMAS: But there are indications out
13 there too that the hard work that my staff and myself,
14 my company have put into place, are having an impact on
15 the odors.
16 CHAIRMAN FREEMAN: Okay. Other questions?
17 MR. HAUG: If I can just clarify really
18 quickly.
19 CHAIRMAN FREEMAN: Yes.
20 MR. HAUG: I think what I was trying to get
21 at with this comment about -- they were on notice
22 essentially, it was all Development Standards. I think
23 that's something they (indiscernible) compliance with
24 those anyway.
25 So all I was trying to get at was that to the
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1 extent that you can tie it to say, we told you you need
2 to deal with this problem, and have a factual basis to
3 support that. Where the closer you can tie that the
4 better. These catch-all provisions, the more it says,
5 well, you have to do everything right. You still have
6 to tie that factual basis through. That was all I was
7 trying to get at.
8 CHAIRMAN FREEMAN: Commissioner Kirkmeyer.
9 COMMISSIONER KIRKMEYER: I don't disagree,
10 but I can still ask the question and ask to see if we
11 can't get some factual basis on record. If he doesn't
12 have the information, I understand.
13 But that's why we specifically put in all of
14 our -- at least all of the ones I've been involved in,
15 Probable Cause hearings, we always put in that one
16 standard that catches everything, just in case.
17 CHAIRMAN FREEMAN: Okay. Back to the Board
18 for discussion, I guess.
19 COMMISSIONER KIRKMEYER: Well, you may ask if
20 he has any closing statements or any closing comments.
21 CHAIRMAN FREEMAN: Do you have any closing
22 comments?
23 MR. THOMAS: I just would like to say that
24 this is a complex conversation, one that I want you
25 guys to know, the Commissioners to know, EDF is fully
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1 committed financially and personally and personnel -wise
2 to see a lot of the people that are behind me are the
3 reason why I can sit here and confidently say we have a
4 plan in place, we'll continue to pursue while we
5 implant that plan, and that plan will improve the
6 odors.
7 The reason that I can confidently say that is
8 because I have the full backing of my organization. And
9 also I recognize and I understand the impact that the
10 odors are having on the neighbors. The conversations
11 that we've been having, and I find it refreshing that
12 the community wants to be involved and the conversation
13 is so important.
14 And I'd like you to know that I have a
15 personal commitment to that conversation. The company
16 is compliant with the odor standards of Regulation No.
17 2. And I said that a bunch, but I don't want it to be
18 over -weighed by the fact that the company is as
19 committed to reducing the odors as it is to remain in
20 compliance. We will continue to pursue that
21 aggressively and we'll make it better. That's it.
22 CHAIRMAN FREEMAN: Okay.
23 COMMISSIONER KIRKMEYER: I actually do have a
24 question.
25 CHAIRMAN FREEMAN: Go ahead.
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1 COMMISSIONER KIRKMEYER: I'm going to
2 preference, it was some conversations. Because, you
3 know, we are in a quandary here. I mean, you know, you
4 talked about the positive economic development impacts
5 of EDF and Heartland facility, and I think we all
6 understand this.
7 And I'm just going to speak for myself
8 personally, because I was here and I was on the Board
9 and I did vote to approve it. But when we were told --
10 when were asked about compatibility, and there wasn't
11 anyone from the neighborhood here, and I'm guessing it
12 was because we got a letter that said there wouldn't be
13 any odor, and we were told there wouldn't be any odor,
14 and now there is odor.
15 And I think you already know, I'm sure from
16 people in your group and from Mr. Garcia, who's sitting
17 right next to you.
18 MR. THOMAS: Right.
19 COMMISSIONER KIRKMEYER: I'm sure you
20 probably know my background. I grew up on a dairy
21 farm, I owned a dairy farm. I know what that smell
22 smells like. I live next to one of the largest sheep
23 feet lots in the nation, I'm within two miles of one.
24 So I know those smells are, and if they were in here
25 complaining about agricultural smells I'd say, why you
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1 moved into Weld County into the country, the number one
2 agriculture county in the State. So, I would say you
3 need -- you ought to get used to it.
4 But they weren't anticipating having the
5 Heartland digester next to them when they moved in, and
6 it is impacting their quality of life. I live in a
7 section right across from the Northglenn Waste Water
8 Treatment facility, and I can tell you that over the
9 course of the last month or so, last ten weeks, since
10 we had this hearing, I've purposely driven by that
11 facility on at least 12 different times and on 8 of
12 those 12 times I smelled that stench and that putrid
13 smell.
14 And I can tell you from living next to the
15 Northglenn Waste Water Treatment facility, who did have
16 an odor complaint, an odor violation with the State
17 Health Department, that it does wake you up in the
18 middle of the night, it does give you headaches, and it
19 does make you feel like you want to just throw up part
20 of the time when you're outside.
21 And so, you are impacting these people's
22 quality of life and you are interfering with the use of
23 their property. Not you personally, but you, your
24 business, is doing that to these folks. And when we're
25 in the hearing, we didn't get any of that from you
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1 guys, or from your predecessors. We didn't get any of
2 that.
3 So I do feel a bit duped, not by you.
4 Because, Jason, I think you are a very nice person, and
5 I don't really know you personally, but just by your
6 presentation here I think you are a very nice person. I
7 think you were very trusting. You heard all the
8 neighbors get up and say that, yeah, you were very
9 transparent. I get this impression that they feel that
10 you're trusting as well. I believe you when you say
11 that you are personally, you know, committed to this. I
12 believe all that.
13 But here's where we're at. Their quality of
14 life is horrible right now, and it's because of where
15 you work. So I asked them this question and I'm going
16 to ask you this question is, how do we get to a
17 compromise here?
18 Because I'm going to tell you seriously, I'm
19 looking through this record and I can find reasons to
20 say there's Show Cause. While you say you're in
21 compliance now, the fact of the matter is, you weren't
22 in compliance at one point, so I can get to a Show
23 Cause. I can get to, looking at that Development
24 Standard No. 44, I go back and look through some of
25 these other development standards and look through our
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1 code, and I can get to a Show Cause.
2 I don't know if the other four can, but I can.
3 And I've read the solid waste rules and regulations. I
4 mean, I'm sure you also know from my background that I
5 fought landfills in southwest Weld County. So when they
6 talk about landfills I understand what they're saying.
7 So I want to know what's the best result?
8 What's the compromise? How do we get to where these
9 folks can play with their grandchildren out in their
10 yard and not worry about having to get up and check
11 some goofy flags -- I'm not saying your flag is goofy but
12 -- some flag to determine whether or not they can go outside
13 and play with their grandkids, or go outside and do
14 gardening, or just go outside for a walk or go outside
15 and do work.
16 How do we get to that compromise? Because I
17 hear you saying it's six to nine months out before you
18 have the improvements for the tank stuff, it's nine
19 months out before you have the DPS improvement, and
20 that's not even the commissioning, that's not even the
21 testing, that's just you've got them built and then you
22 have to test them.
23 So, am I supposed to say to these folks,
24 "Hey, not only are you going to wait nine months for an
25 improvement, but think on another six months before
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1 we've commissioned it and got all the tweaks out." So,
2 what do we say to them? What's the compromise? How do
3 we get there?
4 Because I think the whole Board would like to
5 get there, and I know the community would like to get
6 there. And I believe you and your company would like
7 to get there. So how do we get there without going
8 to a suspension or revoking your permit?
9 MR. THOMAS: That's a wonderful question.
10 And first I would like to personally thank you for the
11 passion that you show to this. I share that same
12 passion.
13 How do we get there? We -- I got an email
14 while I was sitting -- while you guys were doing the
15 previous business. It was from the provider of my
16 misting systems. He said, hey, I got a guy coming out
17 tomorrow, he's found a way to improve your system.
18 Right.
19 When I say I continue to pursue opportunities
20 in improving the odor, I continue to pursue that. All I can say
21 is, and what I will say is, we will continue to strive,
22 we will continue to be in compliance with the standard
23 and we will continue to reduce the odor as we go. I'm
24 not asking to wait for July 30th, right? I will
25 continue to pursue that with great tenacity. Right?
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1 But I can commit to having the actual
2 engineered solution in place by the end of July -- or
3 in June.
4 COMMISSIONER COZAD: Okay, you're looking at me. I
5 thought maybe Commissioner Conway wanted to go next.
6 You know, I don't disagree with Commissioner
7 Kirkmeyer. You know, we have people that have been
8 really patient in trying to work with you, and I agree
9 with her comments about you, Jason. I really do
10 appreciate the way that you've handled yourself. And
11 with our department I know Phil's been out there all
12 different hours, you've been out there all different
13 hours. And it does seem like you do have the trust of
14 the citizens that are over there.
15 I also think that this is a beneficial
16 business to our county, with 80 percent of the waste
17 going here and being basically recycled, a lot of it is
18 being recycled. And so I really appreciate that. I
19 think it could be a really great business to have in
20 our county.
21 I think the issue is it is impacting the
22 citizens to a great extent, and it's the odor issue
23 that's really effecting them more than anything else.
24 And I think they have some concerns about the dust and
25 some other things that were brought up today.
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1 But I think the biggest issue and the reason
2 why we're here today is the odor issue. And
3 Commissioner Kirkmeyer's right, you have been out of
4 compliance, but it was in April, and I think you've
5 been making efforts to find ways so that you will stay
6 in compliance.
7 I think it's a little bit bigger than that,
8 and I know when we have our land use hearings we say
9 all the time, you know, you need to work with your
10 neighbors because they're going to be out there with
11 you all along the way. And, you know, there's a lot of
12 things that impact us around the county and, you know,
13 you've got to figure out a way to work with them.
14 You know, it's not really a part of the Show
15 Cause hearing today. It is somewhat because we base
16 our decision on approving these permits in the first
17 place based on compatibility. And I think there was --
18 people did have an expectation of what that was going
19 to be out there because of what was provided to them
20 when this facility was first built, and that was, there
21 would be no odors.
22 But, you know, the Development Standard
23 that's in here does say 7:1, and that's in Reg. 2, it's
24 very specific about that's determined. And so, I
25 agree, I think you've been making efforts to stay in
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1 compliance.
2 I am personally happy that you hired a
3 consultant to look at that, take those readings and
4 find out, get some data so you know, okay, we did
5 exceed 7:1, that was once. Where are those odors
6 coming from and how can we start fixing those things?
7 And like Commissioner Kirkmeyer, I'd kind of
8 like to hear really how we can do something a little
9 sooner than six to nine months. That does concern me.
10 I think that's a long time for people to wait. We are
11 going into the winter months, the fall and winter
12 months. But still I'm hearing it's permeating their
13 homes and it's something they're having to deal with
14 every single day.
15 So, if there's any way we can get things
16 moving along a little bit faster, I'd like to see that.
17 So, I don't know if you can make any comments about,
18 you know, doing things a little quicker than six to
19 nine months because that does seem to be a little bit
20 long.
21 You know, I think there are other Development
22 Standards we can look at, but I think in general the
23 main one is the odor threshold, the 7:1. So, that's my
24 comments.
25 CHAIRMAN FREEMAN: Commissioner Moreno.
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1 COMMISSIONER MORENO: Wow, how do I follow that?
2 You know, Jason, I think it has been stated
3 over and over by the citizens, by the Commissioners
4 here, you present yourself very well. I think you are
5 a trustworthy guy. And I think you mean well and you
6 will be tenacious in trying to move forward with the
7 company to try to find a solution here. I appreciate
8 your honesty here.
9 I know time frames are set there for you to
10 try to work within, but again too, I wasn't here for
11 the approval phase. But hearing what was stated, that
12 there would not be any issues about the odor and the
13 citizens, that's why they weren't there during that case
14 to present their -- maybe their opposition to it, for
15 concerns with it. And now to have them living with
16 this here, their quality of life has changed for them.
17 And we've heard, frankly from them, how terrible it is.
18 I mean I don't doubt it. I have driven
19 through there myself and you can smell it. It's not a
20 nice smell in that area. I would not want to live by
21 that.
22 But I also understand where, you know, you
23 aren't (sic) in compliance there, but I am really
24 struggling with this one. I'd like to find an answer
25 myself, and I know you want to find an answer. I agree
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1 with the fellow Commissioners.
2 And I don't know if that's the answer. If we
3 commit today that you're going to get this done in six
4 months, if that's the answer. They've been dealing
5 with this long enough.
6 So I am struggling to where I might vote on
7 this right now, unless I can -- I really don't know
8 yet. So I want to hear what my other fellow
9 Commissioners, what they're going to say.
10 COMMISSIONER CONWAY: So Jason, first of all
11 I want to thank you for your transparency, your hard
12 work. You nailed it when you said this is a very
13 complex situation. And I was one of the Commissioners
14 along with Commissioner Kirkmeyer back in the day that
15 voted for this.
16 And one of the things that assured me that
17 there would not be odor. And I know you've inherited
18 this problem. And it requires all of us to solve this
19 problem. I don't know what the answers are. That's
20 why I asked you about point source and other things.
21 I don't know if there's some things we can do
22 to expedite the process in terms of this. I really
23 appreciate you taking the time to hire a consultant,
24 going through that process. What these folks really
25 want is their lives back. They want to be able, as
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1 Commissioner Kirkmeyer said, to go and sit on their
2 deck and look at the mountains, play in the yard
3 without these sporadic odors overtaking them. And
4 we've got to figure out a solution on this.
5 And I know you've worked tirelessly. I
6 really -- you know, one of the things that struck me
7 was, each and every one of the neighbors that got up
8 talked about how much they've appreciated your work on
9 this and your transparency on this.
10 And so, I'm not -- well, we'll have an
11 internal discussion here. First, I want to thank you
12 for what you've done since the hearing.
13 I want to thank all the neighbors. I know
14 this has been hugely impactful on your lives, and I
15 want you to know that is not lost on me; that I can
16 fully appreciate how you simply want your lives back.
17 You were assured when this USR came before us
18 that it would not impact you, and it has impacted you.
19 So we've going to figure out a way forward on this. I
20 know you're working really hard on that and I know
21 you've got (indiscernible) in terms of that.
22 So, I know we're going to have an internal
23 discussion on next steps, but I do want to thank you
24 for your effort. Did you guys --
25 MR. THOMAS: I appreciate it. So, a question
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1 has been posed, and the question is: What compromise is
2 there?
3 COMMISSIONER CONWAY: Right.
4 MR. THOMAS: I would ask -- I've got a huge
5 team of big brains sitting right behind me, right? I'd
6 ask for five minutes for me to confer with them, talk
7 it over and see what we can (indiscernible).
8 CHAIRMAN FREEMAN: Commissioner Kirkmeyer.
9 COMMISSIONER KIRKMEYER: If I may add in.
10 Maybe there's a possibility of looking at what your
11 waste stream is, as you confer, until you get to your
12 six to nine month improvements.
13 MR. THOMAS: Okay. Thank you.
14 CHAIRMAN FREEMAN: How much time do you need?
15 MR. THOMAS: Ten minutes?
16 CHAIRMAN FREEMAN: Perfect. We'll take ten.
17 (Break from 2:34 p.m. to 2:50 p.m.)
18 CHAIRMAN FREEMAN: Sure. We'll go ahead and
19 go back in to session and bring it back to Jason.
20 MR. THOMAS: So we've talked about the
21 complexity of this issue and how to best address it and
22 resolve it. I think a lot of the concern is with the
23 dates that have been set.
24 These dates are kind of best guess dates
25 because we are still waiting for the bid processes to
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1 come back. And as soon as you have bids out and you
2 are not in a position where you can have negotiated the
3 terms of a contract for construction, the schedule's
4 kind of outside of your own control, right?
5 So it's somewhat difficult for us to say,
6 with great confidence, this is the date that it will be
7 done, and we believe that we can improve upon the date
8 that's been given.
9 So what we would ask, we would ask six weeks,
10 eight weeks, for the bids to come in, for the analysis
11 to be done, and for us to review exactly what's going
12 on in terms of the parts and materials and that kind of
13 stuff, and availability of materials.
14 We will expedite all materials on site as
15 much as possible, and we will give you an updated
16 schedule. At the interim of that we will limit the
17 production of the facility 60 percent. We will not go
18 above 60 percent of production as we work through the
19 issue by which we can figure out what is the real
20 schedule that we can get behind that is as aggressive
21 as we can possibly do, at which time we would
22 communicate that to the County Planning Department and
23 move forward with that. And at least understanding
24 what is the actual submittal for the construction
25 (indiscernible).
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1 CHAIRMAN FREEMAN: So, one of the questions
2 that I had, Jason, and I didn't give my comments
3 before. I do want to thank you for coming as well, and
4 to all the citizens for coming in.
5 Obviously this is a very complex issue. So,
6 one of the questions that I guess I have. I know that
7 your engineering, you know, the filter systems and all
8 that. But one of the questions -- I guess my question
9 is, where the organic material is being moved and just
10 dropped on a pad before it gets processed and into the
11 deal, if that particular area were in a building right
12 now, if that were currently covered right now, how much
13 of an impact would that have?
14 MR. THOMAS: A much lower impact, I think,
15 than the substrate tanks themselves, primarily because
16 the odors that we're getting reported are between the 4
17 to 8 hours in the afternoon when that facility has been
18 shut down, cleaned and basically set up for the next
19 day's operation with nothing going on.
20 I think it would have an impact on the odors.
21 I'm misting there now, 24 hours a day. Right? It is a
22 point odor source from the facility. So if -- I don't
23 know, if I could walk over there right now and build a
24 big tent over the top of the thing, it's possible.
25 The problem is, it wasn't designed to have
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1 one. So it would be hard -- one of the things that's
2 really a struggle at the DPS is to actually integrate
3 the new building into it, because of how it's all
4 designed and it's original. We've got an existing
5 systems and now we're trying to modify it. So you have
6 to have support columns and all this stuff underground
7 and that kind of thing.
8 I'm not sure exactly how to answer your
9 question. I think it would have an impact. Would it
10 have a huge impact? I don't know how big. I can't
11 quantify that for you. If I could cover it right now
12 it would impact, it would help, but I don't know how we
13 would accomplish that.
14 CHAIRMAN FREEMAN: So I guess the follow-up
15 question to that is, is that most of the times when the
16 odor seem to be the worst are really early in the
17 morning or kind of late at night. And that's when
18 there's nothing on the platform because it's already
19 been processed and it's already been cleaned up.
20 I'm just trying to follow with what you just
21 said.
22 MR. THOMAS: Right. The way it's been
23 explained to me, is that the odors are as much
24 meteorological as they are production. So in the early
25 morning and in the evening you have low wind
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1 conditions, which is the dilution source for the odors.
2 I think that's normal. That's the best I can do.
3 CHAIRMAN FREEMAN: Okay. Thank you. Other
4 questions?
5 (No response.)
6 CHAIRMAN FREEMAN: Okay. I bring it back to
7 the Board. We already had closing comments, but since
8 we did this do you have any?
9 MR. THOMAS: No. I think I've said what I
10 can.
11 CHAIRMAN FREEMAN: Okay. All right. So,
12 I'll bring it back to the Board for discussion.
13 COMMISSIONER CONWAY: So let me properly
14 understand. You're asking us to give you six to eight
15 weeks to go through your RFP process, for lack of a
16 better term, in terms of selecting a contractor to get
17 these things covered. And then you're going to report
18 back to us accordingly once you get those bids in and
19 determine a construction schedule. Is that what you
20 said?
21 MR. THOMAS: The actual construction date,
22 that I can say that this is as fast as I can do it.
23 COMMISSIONER CONWAY: Okay.
24 COMMISSIONER COZAD: But then I also heard
25 you say that you'd be willing to expedite getting
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1 materials in and those kinds of things and limit your
2 production to 60 percent until everything is complete?
3 MR. THOMAS: I would recommend leaving it
4 until we get that schedule and we can re -look at
5 whether or not we're limiting -- the production of the
6 facility is actually helping.
7 COMMISSIONER COZAD: But you're at 40 percent
8 right now.
9 MR. THOMAS: Uh-huh.
10 COMMISSIONER COZAD: That's not really
11 limiting you, that's increasing it 20 percent.
12 MR. THOMAS: Well, I want to go to 100, so.
13 COMMISSIONER CONWAY: Per your earlier
14 discussion, you don't know if the increased production
15 actually lessens the omissions, is that correct? Based
16 on your data, is that where you're coming from in terms
17 of that?
18 MR. THOMAS: I created a way to find that
19 compromise that would (indiscernible). That things
20 that says -- that's lost revenue, right? This is
21 money, and my company is already investing a lot of
22 money for the resolution of the problem.
23 I said, money's not the reason behind it. We
24 think that by -- a lot of the people have expressed
25 they're concerned about us going to 100 percent and
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1 generating more odors.
2 COMMISSIONER CONWAY: Correct.
3 MR. THOMAS: We're willing to limit the
4 amount of production increase. In lieu or in light of
5 that expectation I cannot say because I've never
6 operated the facility at 60 percent or 100 percent. I
7 can't say empirically. It's very important that I know
8 because if I don't know I don't know if I've actually
9 found the sources of odor that are doing it. You know,
10 this information is very valuable, but I'm willing and
11 my company is willing to compromise here to reduce our
12 target in the interim while we refine our engineering
13 (indiscernible).
14 CHAIRMAN FREEMAN: Okay. Commissioner Cozad.
15 COMMISSIONER COZAD: Just to start the
16 conversation. I appreciate the conversations you all
17 had while you were out of the room. And I do think it
18 is a good compromise. I think one of the things that
19 we could look at is a continuance. We've got one of our
20 (sic) options. A continuance on a Show Cause hearing
21 for six to eight weeks to give (indiscernible).
22 If we're going to go that route I'd probably
23 like to go eight weeks, just to make sure and get the
24 bids in, have the analysis done and have an updated
25 schedule, construction schedule, to look at what that
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1 looks like. And anything else that you might come up
2 with in the eight weeks. That's where I'm at.
3 CHAIRMAN FREEMAN: Okay. Commissioner
4 Moreno.
5 COMMISSIONER MORENO: Well, I was just going
6 to ask the question, in the meantime until we get to
7 that eight weeks and get the findings from you, would
8 you be willing to stay at 40 percent and not go above
9 it?
10 MR. THOMAS: The compromise that we would
11 like to do is 60 percent.
12 COMMISSIONER MORENO: Even during the six to
13 eight weeks --
14 MR. THOMAS: Yes.
15 COMMISSIONER MORENO: -- before you go back
16 (sic)?
17 MR. THOMAS: Yeah, that's good. That's what
18 we would recommend.
19 CHAIRMAN FREEMAN: Okay. Other?
20 COMMISSIONER KIRKMEYER: Well, sure.
21 CHAIRMAN FREEMAN: Go ahead, Commissioner.
22 COMMISSIONER KIRKMEYER: I actually think it
23 would be -- I'm going to throw out some more ideas.
24 So, one, I think the community should get to
25 be involved in helping to find the compromise. I think
169
1 they're probably more of an expert at it than we are.
2 They've been doing their research. Like I said, it's
3 been 20 years since I read the sub -title D, Solid Waste
4 regs.
5 So I think I'm willing to continue it
6 actually until October 3rd, so the Monday after
7 September 29th, because there's a community meeting on
8 September 29th. And I guess I would like for them to
9 have input and be involved in it.
10 And I'd like to hear back on how
11 (indiscernible) compromise. Because I can appreciate
12 the investment that EDF has made into this facility,
13 but I also appreciate the investment of their lives and
14 everything that means everything to them of the folks
15 that live in the community. I mean, they've invested
16 everything into their properties that they have.
17 So I think that the production should be
18 limited at the current rate. I'm not willing to go to
19 the 60 percent and just exacerbate the issue more. I
20 think it should be limited to the amount of organic
21 waste that's being brought in now and they shouldn't get
22 to bring in any more than what they're bringing in now
23 of organic waste.
24 And those are basically my four things. So,
25 I think it's about two weeks until October 3rd, and
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1 that we limit the production to the current rate, which
2 is at 40 percent approximately. Let the neighbors get
3 to get involved in how do we get there, kind of thing.
4 And that we limit the amount of organic waste to no
5 more than what they're currently receiving today.
6 CHAIRMAN CONWAY: Commissioner, could I ask
7 you a question? What are you looking for on that
8 October 3rd date? Because he's already told you that
9 he's going through a process. I don't have a problem
10 engaging the community. But I'm wondering what you're
11 looking for on October 3rd.
12 COMMISSIONER KIRKMEYER: Well, maybe they
13 have some other ideas. I'm not sure. What I'm looking
14 for in the next two weeks is for them to have their
15 community meeting, engage the community, bring them in
16 and have this discussion about what the community feels
17 is a good compromise, and I'd like to hear what the
18 community thinks is a good compromise as well. Because
19 they've come back with 60 percent. I'm at 40 percent,
20 and maybe that's something else.
21 But when I asked them essentially the
22 question, and then I didn't have to ask anymore because
23 everybody kept answering it; what's the best possible
24 outcome, and, they want the odor stopped until the
25 problem is fixed.
171
1 Well, right now the problem isn't going to be
2 fixed, maybe, until March or July 1, 2017. And there
3 is a lot of odor out there. I mean, 504 occurrences in
4 a 20 -day period. In anywhere from 40 to 60 percent of
5 those odor was detected. And on five occasions it was
6 at a 8:1. Granted, 20 minutes later it wasn't at 8:1,
7 they don't know what it was at, but it was something
8 less than 8:1.
9 And the neighbors have been very involved in
10 this. They said they want to continue and make sure
11 that they are involved. I want them involved. So,
12 that's what I'm looking for. That's what would be my
13 compromise.
14 CHAIRMAN FREEMAN: Commissioner.
15 COMMISSIONER COZAD: Well, let me throw
16 something else out there. They have a couple of
17 community meetings already scheduled; September 29th
18 and October 13th. So those are already scheduled. I
19 think the neighbors could work with Heartland and
20 that's what I was kind of hoping for with the six to
21 eight week continuance.
22 You know, six weeks would be October 24th.
23 That would be after two community meetings. I'm not
24 sure if, you know, if things could really get done in
25 the first meeting, maybe they need two meetings before
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1 they come back here. Potentially by then maybe we'd
2 have bids back and we'd have more information. So, if
3 we don't then we could continue it again for another
4 two weeks or something and wait for things to come
5 back.
6 As far as the amount of organic waste going
7 in and restricting the amount of production that's
8 happening there. I'm actually not for that. Mainly
9 because it's not a part of permit. We don't limit them
10 on the amount that they can bring in.
11 I understand that was a compromise from
12 Heartland, and I appreciate that. So I'm okay with
13 that staying at 60, especially if we're going to get
14 back together in eight weeks tops, I'm thinking six
15 weeks, which will be October 24th and that would give
16 the citizens time to meet with Heartland twice and bids
17 to be back, because I'd like more information to come
18 back to us.
19 CHAIRMAN FREEMAN: Okay. Commissioner
20 Kirkmeyer.
21 COMMISSIONER KIRKMEYER: I can go to six
22 weeks because that gives two meetings, I'm fine with
23 that, as long as we're limiting the production at the
24 current rate and they're not bringing in any additional
25 organic waste above the amount that they're bringing in
173
1 now.
2 Six more weeks of the fall like we're having,
3 means six more weeks of time that they don't get to
4 spend outside in their gardens, six more weeks that
5 they don't get to spend sitting on their porch looking
6 at the sunrise, or was it Commissioner Conway that
7 said, looking at the mountains. It's six more weeks.
8 I mean we have six more weeks of beautiful
9 weather that they don't get to experience their outside
10 because of the odors, and the odors are bad.
11 So, I'm willing to go to the six weeks.
12 You're right? Two meetings, get the public engaged. They
13 already have those meetings set up, that's fine. But
14 I'm not willing to go there unless we're going to limit
15 the production at the current rate.
16 I understand we don't have that in the USR,
17 but right now we're in a Show Cause hearing because
18 there was a violation and I think expanding the amount
19 of waste that they can receive at their facility would
20 just exacerbate the odor issue during the time of year
21 when people should be able to go outdoors and enjoy the
22 outdoors by their own home. So that's where I'm at.
23 CHAIRMAN FREEMAN: Commissioner Moreno?
24 COMMISSIONER MORENO: Yes, Mr. Chair, I agree
25 with that. I think, you know, six weeks is long
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1 enough. For the company to hold off at 40 percent
2 we're not shutting it down, we're just giving some time
3 to get all the stakeholders involved and see if we
4 can't find some common ground by then, hopefully you
5 may have some more facts for us. We might be able to
6 expedite this process.
7 I don't think it's going to, you know, hurt
8 that bad to wait for six more weeks here.
9 MR. THOMAS: I do want to say one thing. The
10 provider of organic material is not me. So by
11 restricting the amount of organic material that can
12 come on the facility, you're hurting an auxiliary
13 business, not my business.
14 COMMISSIONER KIRKMEYER: Sure. And I would
15 just like to say one thing. The amount of odor coming
16 from your facility is hurting all the people who live
17 out in that community.
18 MR. THOMAS: Yeah. I'm not saying that at
19 all.
20 COMMISSIONER KIRKMEYER: So, there's both
21 sides. In our land use, we don't look at the --
22 I still don't -- I understand what the economic impacts
23 are. In that article that you quoted, or article that
24 you stated, I'm actually quoted in it so I understand
25 what the economic benefits are.
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1 But the reality is, is that your use on your
2 property is interfering with the use of the people who
3 are the surrounding neighbors to the point where they
4 can't use their property.
5 MR. THOMAS: I said it to be -- make it
6 clear.
7 COMMISSIONER KIRKMEYER: I understand. I
8 understand that. That's why I didn't say less. But
9 you could still collect the same amount of organic
10 waste that you're collecting today, you just can't
11 collect more. Because I think that is actually the --
12 probably the very point of where the odor is coming
13 from, at least from what I smell. But I could be
14 wrong. You've got six weeks to work on it.
15 CHAIRMAN FREEMAN: Okay. Commissioner
16 Conway.
17 COMMISSIONER CONWAY: I can agree with
18 Commissioner Cozad on this. I guess, you know, I think
19 they've made a compromise in terms of 100 percent to 60
20 percent, because that's what I was told during the
21 hearing that they were going to.
22 I do believe that the two community meetings
23 will be very beneficial in terms of that. I would like
24 -- I could agree with the six to eight weeks in terms
25 of the timing.
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1 Did you say October 23?
2 CHAIRMAN FREEMAN: I'd like to make sure -- I
3 don't mean to interrupt. I'd like to make sure that we
4 continue to a time where they actually have the bids
5 and can actually give a perspective.
6 COMMISSIONER CONWAY: Well, that's kind of
7 where I'm at.
8 CHAIRMAN FREEMAN: Six weeks for the bids to
9 be received --
10 COMMISSIONER CONWAY: The other thing we have
11 to be aware of is, the neighbors have -- and I
12 understand you're living with it every single day. But
13 you've got to come here. There's going to be another
14 hearing notice, all of that. So I want to be
15 respectful of that, in terms of the neighbors.
16 COMMISSIONER COZAD: Well, there's two
17 dates that I looked at. October 24th is about six
18 weeks, not quite, it's a little less than six weeks.
19 And we could do the 31st, which is Halloween, we could
20 do that. And then November 14th would be about eight
21 weeks.
22 CHAIRMAN FREEMAN: Well, you know, two weeks
23 or so at the -- I guess I would hate to set it for six
24 weeks and have to reschedule it two weeks later because
25 we don't have the information back. That's what I was
177
1 looking at. I don't want to have all the neighbors
2 have to come two more times in a close period of time.
3 I mean, if that's the direction that we're going I
4 would just like to make sure that we go forward in
5 that we can actually have the information
6 when we need to make a decision. So, whatever that
7 time frame is.
8 UNIDENTIFIED FEMALE SPEAKER: Eight weeks is
9 the 14th of November.
10 CHAIRMAN FREEMAN: Commissioner Kirkmeyer.
11 COMMISSIONER KIRKMEYER: I'm just going to
12 point out that their schedule was to be 100 percent by
13 January. In eight weeks they would have been somewhere
14 around 60 to 70 percent, so that's not really a
15 compromise.
16 CHAIRMAN FREEMAN: No, no. I'm just talking
17 about the compromise on the date.
18 COMMISSIONER KIRKMEYER: Whether it's six
19 weeks or eight weeks, while we're involving the public
20 and we're limiting them, I'm fine with either one.
21 COMMISSIONER CONWAY: Okay.
22 COMMISSIONER KIRKMEYER: Because you're
23 right, we'll just come back here in five -and -a -half
24 weeks and probably have to continue for two more weeks.
25 So, I'm okay with going to eight weeks as long as
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1 there's at least two public engagement meetings and the
2 public has the opportunity to comment with them and
3 work with them on it.
4 COMMISSIONER CONWAY: I agree.
5 COMMISSIONER KIRKMEYER: But limiting your
6 production to 60 percent is no compromise at all, it's
7 not limiting anything. They're going to get to there
8 anyways by that time.
9 So I can go with eight weeks as long as we
10 are limiting the production to the current rate, which
11 is approximately 40 percent at this time, and that we
12 will maintain the organic waste to the amount that
13 they're receiving currently.
14 I don't think we need to work to exacerbate
15 the smell, the odor.
16 CHAIRMAN FREEMAN: Okay. So, is that where
17 you're at?
18 COMMISSIONER MORENO: That's where I'm at.
19 CHAIRMAN FREEMAN: Commissioner Cozad.
20 COMMISSIONER COZAD: I'm just struggling with
21 that because, you know, I get it that we don't want to
22 increase the odors out there. They do have a
23 compliance odor requirement and they cannot exceed the
24 7:1.
25 And, you know, I'm just struggling with
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1 limiting somebody's business. And I understand it
2 could effect if they do increase the amount that comes
3 in, but I'm just struggling with it. I'd like to have
4 some more conversation about it. And maybe even -- I
5 don't know if it's okay, but I'd like to ask Jason, you
6 know, what is the -- if it's okay?
7 CHAIRMAN FREEMAN: Yes, go right ahead.
8 COMMISSIONER COZAD: How would that look to
9 you to be, you know, stay at the level you're at right
10 now, between now and the next eight weeks?
11 MR. THOMAS: One of the things that we
12 actually are trying to prove to ourselves is that the
13 odor doesn't increase as we increase the production of
14 the facility. This is a big decision -making point as
15 it comes to the bids that we're talking about
16 receiving.
17 The closer I can get us to design point the
18 more information I have to understand, will this
19 engineering control have a long term effect on odor. It
20 actually affects by ability to make a decision going
21 forward with how I'm going to do it right.
22 I'll make the decision if I'm limited. But
23 it actually -- it's not -- and as I said before, we
24 will continue to increase but we'll continue to
25 intensity the monitoring. If the odor production goes
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1 up we will take appropriate action on that and minimize
2 it.
3 COMMISSIONER COZAD: So, I have one other
4 question, and I don't know if this is for Frank or just
5 ask as a Board. If we're going to limit 40 percent,
6 how do we monitor that. Who's going to monitor that?
7 Say they get to 50 percent?
8 COMMISSIONER KIRKMEYER: The Health
9 Department can by their records. And that's in the USO
10 permit and Development Standard.
11 COMMISSIONER COZAD: The amount of materials
12 that are coming in and --
13 COMMISSIONER KIRKMEYER: Yeah. They have to
14 keep records and we're supposed to be monitoring
15 records, as well as the State Health Department and the
16 County Health Department, and the Department of
17 Planning.
18 COMMISSIONER COZAD: Is that a part of your
19 Design and Operations Plan, Jason?
20 MR. THOMAS: Yeah. We keep a record of all
21 of the material that is brought to the facility.
22 MR. HAUG: I think that's right. The other
23 thing is, the Board could give direction on things such
24 as, you know, if the Board's interested in having the
25 smokestack or one of the other issues that came up was
181
1 how quick apart are the tests being taken. You
2 know, those have to be in compliance with what
3 the regulations.
4 But, I think to the extent that there's a
5 limitation (indiscernible). Again, that's got to be --
6 I think the more close direction I can give the better
7 off we're going to be.
8 CHAIRMAN FREEMAN: Go ahead.
9 COMMISSIONER CONWAY: So, Jason, what I
10 understand you to say is if that we go with your suggestion
11 of 60 percent, if there's any increase in odors you
12 will voluntarily cap that input. What I understand you
13 saying is you need to get to that 60 percent in order
14 for design build in terms of --
15 MR. THOMAS: Need to get to 100 percent to
16 see if the design would actually work. If we are
17 increasing the load and we see an increase in odor, we
18 would take appropriate action, which the only action I
19 know of is to hold or reduce the amount of production.
20 Because then you have proven that an increase
21 in production results in an increase in odor.
22 COMMISSIONER CONWAY: Correct. And you'll
23 have two community meetings during that time frame in
24 terms of that to monitor it and have proper
25 (indiscernible).
182
1 MR. THOMAS: And the neighbors will also have
2 nasal rangers.
3 COMMISSIONER CONWAY: Yeah, the nasal.
4 MR. THOMAS: They're participating in the
5 odor (indiscernible).
6 The other thing I need to make you all aware
7 of. The amount of material that goes into the
8 substrate tank and the amount of gas that it produces,
9 I can more easily control the amount of material going
10 into the facility than I can the amount of gas that's
11 produced by it. The bugs decide how much gas they're
12 going to produce based on the types of materials that
13 go in, so it can be somewhat volatile.
14 And so I want to make sure that if there's an
15 agreement on limiting the production that I don't
16 actually agree to something that I can't do. So we may
17 want to put a range instead of an actual number.
18 COMMISSIONER COZAD: Can I ask a
19 follow-up question?
20 CHAIRMAN FREEMAN: Go ahead.
21 COMMISSIONER COZAD: So what would you
22 have to do if you got to the limit for gas, would you
23 have to flare off?
24 MR. THOMAS: No. I'd just stop feeding the
25 digesters.
183
1 COMMISSIONER COZAD: Okay.
2 MR. THOMAS: Now, you can't stop feeding a
3 digester. What I just said is damaging and detrimental
4 to the digester biology. But I'm in control of how
5 much food goes in, right? Kind of like a bottle I'm
6 squeezing at a certain rate. If I want more to go in I
7 squeeze it a little harder, if I want less to go in I
8 don't squeeze it as hard.
9 It's a bit of a gas pedal, but the digester
10 takes a very long time to respond, in upwards of five
11 or six days before I can see the impact of the change. Right?
12 So it's a living organism. I can't turn the light
13 switch on (sic). It's a bit of a process instead of a
14 light switch.
15 CHAIRMAN FREEMAN: Commissioner Kirkmeyer.
16 COMMISSIONER KIRKMEYER: Jason made the
17 comment that he doesn't want the odor to increase. I
18 think that's a wonderful comment. I want the odor to
19 go away and so does the neighborhood.
20 So not having an increase is not a compromise.
21 Having it decrease would be a better goal. Increasing
22 the amount of waste that comes in doesn't get us to
23 decreasing it
24 He's not going to get anything done in the
25 next six weeks, other than we're going to look at
184
1 designs and design build and see how quickly he can get
2 a building built before March. Instead of March we
3 might get it done in February.
4 So, in the meantime, this neighborhood has
5 their lives interfered with, with all this odor. And
6 it is putrid. I don't know if you've all driven by
7 there. I know that Commissioner Cozad and I both
8 stated that we've both driven by there. And I know we
9 all drive all over the whole county all the time. So
10 it is putrid.
11 We're impacting people's lives on a daily
12 basis. So, I've heard you, you don't want it to
13 increase. I feel a lot better if you said you wanted it to
14 decrease.
15 MR. THOMAS: The entire day I've been saying
16 I want it to decrease.
17 COMMISSIONER KIRKMEYER: Well, it's not what
18 you just said. But anyway, that's fine.
19 I'm struggling between a suspension or
20 continuing this and trying to give everybody the
21 opportunity to try the path forward. So my compromise
22 is to give everybody the opportunity to try and find a
23 path forward, not to exacerbate the issue.
24 I think by increasing the amount of waste and
25 increasing -- if they increased the amount of organic
185
1 waste, we are just exacerbating the issue, and we will
2 be increasing the odor during the time of the year when
3 these folks would like to maybe be outside and have
4 their final barbeque or finish up their harvesting in
5 the garden or all the other things that we all do
6 outside in our homes.
7 So, we're talking about eight weeks. Eight
8 weeks. This has been going on since November of 2015,
9 we've been getting complaints. So, that's where I'm
10 at.
11 CHAIRMAN FREEMAN: Okay.
12 COMMISSIONER COZAD: Well, we've got to come
13 to a conclusion here, so.
14 COMMISSIONER KIRKMEYER: I'll make the
15 motion.
16 COMMISSIONER COZAD: I'll make a comment
17 maybe first.
18 COMMISSIONER KIRKMEYER: Okay, sure.
19 COMMISSIONER COZAD: I don't like limiting
20 the amount that they can bring in. They've been
21 operating at 40 percent. It is for eight weeks, but I
22 do think it will impact them as a business. But I
23 think you make a very good point. It's impacting
24 surrounding property owners.
25 And one of the criteria -- I said this
186
1 earlier -- that we look at when we're approving USR's
2 is compatibility. So, while I don't like it, for eight
3 weeks, you know, if that's what it's going to take to
4 get us a continuance and further look at it with the
5 neighbors and get the bids back, I'll go to 40 percent.
6 But I really don't see why we couldn't stay at 60, just
7 based on the actual rules of the permit, they cannot
8 exceed the odor requirements.
9 I understand what you're saying, Commissioner
10 Kirkmeyer, about the impact on surrounding property,
11 and I get that.
12 I'm just throwing out the criteria that we're
13 looking at for the Show Cause hearing. But if that's
14 what it takes to get us the eight weeks continuance and
15 give the applicant -- or the Respondent some additional
16 time to look at this and work with the neighbors, then
17 I'll compromise with that.
18 CHAIRMAN FREEMAN: Okay. So, I guess where
19 I'm kind of at is, while agreeing that -- I sort of
20 agree with Commissioner Kirkmeyer that we hate to see
21 it go up. On the other side of that I'm struggling a
22 little bit with just exactly Commissioner Cozad is
23 saying.
24 The other part that I'm struggling a little
25 bit is, we're not going to know the design things if we
187
1 don't continue to go up. I think that's what Jason's
2 saying, he needs the ability to have the knowledge to
3 see whether if you go to 60 percent it actually does
4 increase the odor or it doesn't increase the odor.
5 So at some point, whether we wait until after
6 eight weeks and then we say, you can go ahead and go up
7 once we see the design factors or whatever, I'm not
8 sure what the next steps forward are to be able to see
9 exactly what the impacts are one way or the other.
10 That's where I'm struggling a little bit.
11 COMMISSIONER KIRKMEYER: I can answer that.
12 CHAIRMAN FREEMAN: Okay.
13 COMMISSIONER KIRKMEYER: So actually what's
14 before us is a Show Cause hearing.
15 CHAIRMAN FREEMAN: Right.
16 COMMISSIONER KIRKMEYER: So we can either
17 decide to dismiss it --
18 CHAIRMAN FREEMAN: Right.
19 COMMISSIONER KIRKMEYER: -- suspend the
20 permit for a certain time with conditions, or revoke
21 the permit, period, outright. Those are our three
22 things that we can do.
23 By continuing the matter we are giving time
24 to everybody to try and find a path forward. So we are
25 meeting the criteria for what we're here for today,
188
1 which is a Show Cause hearing, and we do have the
2 ability to look at all of the Development Standards
3 And, in fact, the reason we got to a Show Cause
4 hearing is because in a Probable Cause we stated on
5 record that there is Probable Cause to show that they
6 were in violation. They may not have stayed in
7 violation but they were in violation to get to a Show
8 Cause hearing.
9 CHAIRMAN FREEMAN: Right.
10 COMMISSIONER KIRKMEYER: So, what I'm trying
11 to do is, is not exacerbate the issue, exacerbate the
12 problem, and get to some kind of compromise to where we
13 can figure out a path forward.
14 I think the only way we do that is with the
15 neighborhood involved. So that's why I'm willing to go
16 to November 14th, to give it time for at least two
17 neighborhood meetings.
18 But at the same time I don't think 60 percent
19 is a compromise because that's where they would be in
20 six weeks. So that's not a compromise. They're on the
21 same path as they've been on. If they said they were
22 going to limit it to 60 percent production in January,
23 sure. Then they don't need to collect any more waste
24 now.
25 So we can continue this matter, and we're
189
1 still in a Show Cause hearing with conditions that we
2 limit the amount of production of at the facility at
3 the current rate, limit the amount of the organic waste
4 at the current amount that they're receiving, and
5 they have -- at least two neighborhood meetings.
6 And then they also have the time to go and
7 determine whether or not they can expedite the
8 building, the March building that they're trying to put
9 in place, the covers of the tanks, to help get rid of
10 the odor.
11 COMMISSIONER COZAD: Commissioner Kirkmeyer,
12 may I ask you a question?
13 COMMISSIONER KIRKMEYER: Sure.
14 COMMISSIONER COZAD: One of the things that I
15 heard Jason say is that it's a lot harder for them to,
16 you know, limit the amount of gas. So, are you okay
17 with maximizing the amount of gas that comes out of
18 there as long as they say it's 40 percent of the
19 materials they're bringing in?
20 COMMISSIONER KIRKMEYER: Yes. I wasn't
21 speaking to that. I was only speaking to the amount of
22 waste that they're bringing in.
23 CHAIRMAN FREEMAN: Okay.
24 COMMISSIONER COZAD: Because I think -- well,
25 and maybe this is what Jason said, he's limiting the
190
1 amount of product coming in to 60 percent.
2 CHAIRMAN FREEMAN: You don't want to limit
3 the production, you want to limit the amount of organic
4 material coming in.
5 COMMISSIONER KIRKMEYER: That's one. And the
6 other one is --
7 CHAIRMAN FREEMAN: Because the gas might be.
8 It's flexible irregardless of where they're at. I think
9 that was Commissioner Cozad's question.
10 COMMISSIONER KIRKMEYER: We would want to
11 limit the amount of product at the facility, at the
12 current rate of product that's coming in.
13 Is that's what you're saying, Commissioner
14 Cozad?
15 COMMISSIONER COZAD: That's what I was
16 asking, yeah. I just wanted to make sure we weren't
17 limiting the amount of gas going out.
18 COMMISSIONER KIRKMEYER: I'm not a chemical
19 major.
20 COMMISSIONER CONWAY: So why don't we ask
21 Jason.
22 COMMISSIONER KIRKMEYER: I just don't want
23 more product coming in --
24 CHAIRMAN FREEMAN: Right.
25 COMMISSIONER KIRKMEYER: -- than is already
191
1 coming in.
2 So, I don't want you to exacerbate the odor
3 issue while you're trying to figure out what the
4 process is while we're in the middle of a Show Cause
5 hearing.
6 COMMISSIONER COZAD: All I'm thinking is 40
7 percent -- what's coming in right now is 40 percent of
8 100 percent of the product that's coming in. But gas
9 could be a higher amount that's going out.
10 I don't know if those two things are exactly
11 parallel. So, if you bring in 40 percent of the total
12 amount of materials, are you automatically exporting
13 now 40 percent gas? I don't think so. But maybe we
14 are, I don't know.
15 CHAIRMAN FREEMAN: No, I think --
16 COMMISSIONER COZAD: I didn't want to limit
17 that, I just wanted to make sure.
18 CHAIRMAN FREEMAN: I think that was pretty
19 clear, because the non -gas producing --
20 MR. THOMAS: Material.
21 CHAIRMAN FREEMAN: -- depends on what the
22 actual material is.
23 COMMISSIONER KIRKMEYER: Right. It depends
24 on the material --
25 CHAIRMAN FREEMAN: To run it at the 40
192
1 percent coming in, the gas production could still
2 fluctuate.
3 Is that -- that's kind of what I was taking
4 from it.
5 MR. THOMAS: Yeah. I would recommend you not
6 say 40 percent of what's coming in. If that's the
7 decision you're going to make I would recommend you say
8 the same number of pounds as what's been coming in.
9 COMMISSIONER KIRKMEYER: So what you're --
10 MR. THOMAS: 40 percent is -- that I have in
11 my report is based on the gas production.
12 COMMISSIONER KIRKMEYER: So your compromise
13 was to limit production to 60 percent.
14 MR. THOMAS: Gas production.
15 COMMISSIONER CONWAY: Outgoing.
16 COMMISSIONER KIRKMEYER: Oh, I didn't hear
17 him say "gas production." I just heard you say that
18 your production was 60 percent.
19 MR. THOMAS: I'm sorry.
20 COMMISSIONER COZAD: That's what I wanted to
21 make sure, that we weren't limiting gas production
22 going out, because I don't think -- that's not the
23 source of the odor.
24 COMMISSIONER CONWAY: I was not referring to the
25 gas, I was referring to the materials when I was
193
1 referring to the 40 percent.
2 CHAIR COZAD: The two are tied
3 together, but --
4 COMMISSIONER CONWAY: As you said, they're
5 not necessarily correlating. 40 percent in doesn't
6 mean 40 percent of gas going out. Is that correct,
7 Jason, as I understand it?
8 MR. THOMAS: Right. I would have to do a
9 little bit of math to figure out what are current in
10 terms of material input --
11 COMMISSIONER CONWAY: I think --
12 MR. THOMAS: -- 100 percent design point.
13 COMMISSIONER CONWAY: So I think where
14 Commissioner Kirkmeyer is, you just don't want more
15 material coming in. Is that correct?
16 COMMISSIONER KIRKMEYER: I don't want more
17 odor, right.
18 COMMISSIONER CONWAY: Right. I'm with --
19 COMMISSIONER KIRKMEYER: I don't want the
20 same amount of odor, I want it decreased.
21 COMMISSIONER CONWAY: I agree. That's all
22 our goal here.
23 What I'm trying to ascertain is the
24 correlation here, that Commissioner Cozad has raised.
25 That's why I'm asking.
194
1 COMMISSIONER KIRKMEYER: So I was listening
2 to them and I wrote it down. They said they're at 40
3 percent production of the facility, and when they came
4 in with the compromise they said they want to limit
5 production to 60 percent, period. Which means they
6 would see an increase.
7 And when we asked them when they would get to
8 100 percent of production you told us January of 2017.
9 We didn't say gas production, we didn't say anything
10 else, we just said production.
11 So, I was using his words. So, to be very
12 clear, I don't want any more odor coming from the
13 facility. I don't want any more product than what is
14 currently being received coming into the facility.
15 COMMISSIONER CONWAY: Okay. That's where I
16 thought you were going.
17 COMMISSIONER KIRKMEYER: Whether it's organic
18 waste or manure at this point.
19 And I was using his words of limiting the
20 production to 60 percent, and their opening words which
21 was, production was at 40 percent. That's where they
22 came from.
23 COMMISSIONER COZAD: So, with that I actually
24 think, you know, limiting the gas production to 60
25 percent, I think that's what Jason was talking about,
195
1 was the production he's talking about is gas
2 production.
3 COMMISSIONER CONWAY: Is that what we're
4 talking about?
5 COMMISSIONER KIRKMEYER: Yes.
6 MR. THOMAS: When I stated I would limit it
7 to 60 percent, that was gas production.
8 COMMISSIONER KIRKMEYER: And what does that
9 mean in terms of the materials coming in to the
10 facility; does that increase the materials coming into
11 the facility, the waste materials coming into the
12 facility?
13 MR. THOMAS: It's a fairly complex answer in
14 that the number --
15 COMMISSIONER KIRKMEYER: well, give us the
16 short one.
17 MR. THOMAS: -- the number of pounds may not
18 change. What it does is it allows me to utilize the
19 materials as they come in. I mean, I'm not in control
20 of the availability of materials. So I have seen gas
21 production increases without changing the amount of
22 material that goes on.
23 So by limiting myself to 60 percent what I'm
24 saying is, as my gas production moves up and down,
25 right, I will hold it below the 60 percent of design
196
1 capacity.
2 COMMISSIONER KIRKMEYER: So if we were to say
3 that we would limit the amount of waste materials
4 coming in to the facility at the current rate that's
5 coming in, and limit the production, the gas production
6 to 60 percent, and also limit the amount of organic
7 waste at the current facility to the amount being
8 received -- well, I don't know if I need to say that
9 now, are we all saying the same thing?
10 COMMISSIONER CONWAY: I believe we are.
11 COMMISSIONER KIRKMEYER: I guess we'll find
12 out in eight weeks.
13 CHAIRMAN FREEMAN: Okay. So, are you
14 prepared to make that motion?
15 COMMISSIONER KIRKMEYER: Sure. Mr. Chairman,
16 I would move that we continue this matter, which is the
17 Show Cause hearing -- I'm trying to get to it --
18 whatever, it's the Show Cause hearing (indiscernible)
19 continue this matter to November 14th at 9:00 a.m. with
20 the following conditions, which is that we would limit
21 the gas production at the facility to 60 percent, we
22 would limit the amount of waste materials, whether it's
23 manure or organic waste materials that are coming in to
24 the facility at the current rate that they are coming
25 in, and that the operator have at least two
197
1 neighborhood meetings with the neighborhoods as
2 scheduled for -- well, they don't have to have them on
3 this date, but they did have at least two meetings
4 scheduled within that time period. So they would have
5 to have at least two neighborhood meetings with proper
6 notice so that the neighbors can attend and can have
7 enough time to make arrangements to attend.
8 COMMISSIONER COZAD: Second.
9 CHAIRMAN FREEMAN: Okay. It's been moved by
10 Commissioner Kirkmeyer, seconded by Commissioner Cozad,
11 to continue this until November 14th at 9:00 a.m. with
12 the conditions as put into the motion by Commissioner
13 Kirkmeyer.
14 Is there any further discussion?
15 (No response.)
16 CHAIRMAN FREEMAN: Okay. All in favor?
17 (En masse aye.)
18 CHAIRMAN FREEMAN: Opposed?
19 (No response.)
20 CHAIRMAN FREEMAN: Motion carries.
21 And with that we are adjourned.
22 (Meeting adjourned, 3:29 p.m.)
23
24
25
CERTIFICATE
STATE OF COLORADO)
) ss
COUNTY OF WELD )
I, Esther E. Gesick, Clerk to the Board of Weld County Commissioner and Notary Public
within and for the State of Colorado, certify the foregoing transcript of the digitally recorded
proceedings, In re: A SHOW CAUSE HEARING, PCSC16-0004, CONCERNING A MINOR
AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN, MUSR14-0030, AND USE BY
SPECIAL REVIEW PERMIT, USR-1704, FOR A SOLID WASTE DISPOSAL SITE AND FACILITY
(INCLUDING CLASS I COMPOSTING, AN ANIMAL WASTE RECYCLING OR PROCESSING
FACILITY [AN ANAEROBIC DIGESTER -BASED RENEWABLE ENERGY PLANT GAS], ALONG
WITH A CONCRETE BATCH PLANT TO BE USED FOR CONSTRUCTION OF THE FACILITY
FOR THE ADDITION OF A DIGESTER PROCESS AND A 70 -FOOT FLARE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - HEARTLAND BIOGAS, LLC, before the Weld County
Board of County Commissioners, on Monday, September 19, 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 17th day of February, 2017.
Esther E. Gesick, Notary
Weld County Clerk to the Board
ESTHER E. GES CK
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
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$1300 65:1 69:8,
19
$150 69:13
$30 76:14
< 0>
003 128:10
004 127:20 128:8
01-17-2017 198:12
044 127:19
< 1 >
1 12:10 90:5
121:2 156:23
171:2
1.5 36:1
1.7 35:23
1.8 34:2
1.9 35:23
1:15 65:20, 20
105:15
1:26 105:19
1:30 65:18 105:17
10 85:20 86:2
87:14 97:22 102:4
106:16
100 15:14 75:6
86:8 97:24 127:12,
16 128:6 166:12,
25 167:6 175:19
177:12 181:15
191:8 193:12
194:8
10th 22:19
11 7:15 96:23
98:22
11:12 65:14
11:19 65:14
11:45 65:11
11-1 95:14
11th 3:19 4:12, 20
5:23 6:20, 21
7:14, 17, 20 22:12
83:21
12 85:23 151:11,
12
12:11 105:19
120 15:11, 11
13th 22:18 47:7
171:18
14 13:20 22:14
14-0030 1:1 3:5,
20
145 131:3
145 -foot 20:13
14th 4:15 176:20
177:9 188:16
196:19 197:11
15 12:4, 13 13:5,
17 40:17 50:24
54:22, 24 55:7, 12
61:14, 22 76:7
79:24 82:8 87:14
89:23 90:4 91:9
121:19 122:4, 9, 13,
15, 23
15:1 6:13 7:23
115:11, 14, 15
158 33:19
16 40:16
16-0004 1:1
166 85:10 86:15
87:1
17 3:21
170 6:19
175 4:15
18 85:1 139:8
18612 95:13
18626 83:16
18850 66:10
18th 32:9 49:23
19 1:1
197 106:22
19th 137:5
1st 84:23
<2>
2 4:2 7:24 12:2
34:4, 4 40:6 47:25
48:15, 19 51:3
54:17, 18 55:3, 13
58:1, 8 60:25
95:14 122:21
127:23 149:17
2.2 35:1
2:00 76:18
2:1 13:13 34:3, 10
36:5, 7 40:5, 7, 8
41:6 47:14, 23, 24,
25 48:1 52:4
89:11, 13 106:9, 21,
23 107:4
2:34 161:17
2:50 161:17
20 31:20 34:23
49:19 76:7, 14
90:4, 5, 18 110:4
114:12 121:18
136:17, 21 166:11
169:3 171:6
2009 98:1, 2
2010 98:2
2015 84:23 185:8
2016 1:1 12:8
61:18 84:24
2016-74 3:2
2016-74.A 1:1
2017 18:25 20:7
107:13, 15 116:5, 5
120:23 129:5, 13,
16 171:2 194:8
20 -day 46:2 171:4
20-ish 91:1
21 3:25
2-1 48:15, 19 58:1
21734 101:6
219 33:20
22nd 71:25 73:1
23 176:1
232 106:23
23-2-250 105:22
23295 75:24
24 9:13 100:3
135:4 145:14
163:21
24125 79:8
2-4-4-O 5:10
24th 171:22
172:15 176:17
25 22:13 114:13
25th 22:14
26 12:22
260 6:21
261 81:2 84:24
85:5
272 33:18
27th 6:14 12:8
22:18 59:9 61:4,
18 137:12
29th 22:18 169:7,
8 171:17
2nd 54:11, 15, 17
<3>
3 48:14
3:29 197:22
3:40 1:1
30 80:17
30th 8:3 20:7
31:19 32:9 49:23
98:19 107:15
120:23, 25 130:1
154:24
31 18:25 129:16
31st 98:18 107:13
176:19
32 106:20
33 106:19
34 7:13 9:13, 19
12:18 138:3 139:4
340 198:22
35 9:20 56:3
37 34:23
38 128:9
39 31:21, 21
3rd 54:12, 18
169:6, 25 170:8, 11
<4>
4 51:4 85:22
127:25 163:16
4.2 39:13
4:00 7:17 30:22
36:24 37:6 56:25
4:1 13:14 34:4
40:9 47:14 52:3
106:20, 22 107:1
4:1's 41:7 42:17
40 10:5 11:6
33:9 34:21, 22
35:10 38:9 42:5
47:15, 21 48:5, 7
50:2 66:11 71:25
75:1, 24 86:6
90:23 121:5, 5, 5, 7,
10 125:1, 2 127:1,
2 166:7 168:8
170:2, 19 171:4
174:1 178:11
180:5 185:21
186:5 189:18
191:6, 7, 11, 13, 25
192:6, 10 193:1, 5,
6 194:2, 21
407 127:25 128:3
42 38:10 79:8
83:10
43 97:20
44 4:4 9:16, 17
21:14 138:1, 25
139:12 141:17, 20
152:24
45 80:18 121:18
122:16
47 38:11 43:5
47:24 124:14, 19
49 10:5 35:11
38:10 43:6, 16
66:10, 11 71:25
83:9, 16 92:12
95:13 102:3
<5>
5 50:1 97:22
106:17 121:16
123:14
5:30 70:24
50 32:17 41:1, 1
67:24 85:13 90:2,
5, 18, 23 97:20
Agren Bland() Court Reporting & Video, Inc. 2
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180:7
500 97:15, 17
504 13:2, 15
31:23 32:17 40:25
43:19 49:20 50:8,
11 106:16 123:14
171:3
5-0-7 37:21,22
51:19, 21 52:1, 5
5-0-7-S 37:17, 21
5-0-8 37:22 51:22
53 33:20
54 33:18 49:24, 25
5586 137:5
<6>
6.0 122:16
6:00 57:1, 2 70:24
60 13:5, 18 33:5,
7 50:1, 24 55:9
61:14, 23 62:19
122:23 127:11
162:17, 18 166:2
167:6 168:11
169:19 170:19
171:4 172:13
175:19 177:14
178:6 181:11, 13
186:6 187:3
188:18, 22 190:1
192:13, 18 194:5,
20, 24 195:7, 23, 25
196:6, 21
600 67:23 146:17
<7>
7 12:10 39:12
40:17 46:11, 12
85:5, 5 100:3
115:16
7:1 4:3, 18, 21
6:11 7:21, 23 8:9
11:25 12:5, 6, 20,
23 13:3, 16, 21
14:3 36:8 40:19
50:7, 17 51:1
53:10 58:9 59:7
60:5 61:13, 17, 21
79:22, 24 89:22
106:17 122:24
123:15 156:23
157:5, 23 178:24
7:30 7:17 30:22
70 101:6 177:14
70 -FOOT 1:1
7th 22:15 95:20,
22 96:2 100:21
<8>
8 22:16 40:16, 18
106:17 151:11
163:17
8:00 37:6 57:2
8:1 13:8 40:11, 12
42:17 45:4, 5, 9
50:10, 14 54:3
55:10 61:13 82:9
89:22 90:16 106:8,
20 107:1 121:16,
17, 23 122:20
123:4, 12 171:6, 6,
8
8:1's 41:7 45:11
82:8
80 15:14 67:25
85:11,21 114:3
155:16
800 75:25
8th 84:24 85:10
<9>
9 136:13, 14
9:00 1:1 196:19
197:11
90 70:23
9-1-1 77:20
9's 137:1
<A>
A.M 1:1 7:17
30:22 36:24 65:14,
14 196:19 197:11
A-1 23:16 108:25
ability 93:10
179:20 187:2
188:2
able 22:21 43:9
56:24 69:15, 21
74:8 78:2, 22 82:6
84:5 87:16 88:12,
14 140:2 159:25
173:21 174:5
187:8
abundant 6:2
accept 98:5
acceptable 98:17,
18, 19, 19
accepted 26:16
accomplish 31:14
109:16 164:13
accomplishes 19:7
account 22:7
accurate 198:9
acquainted 114:1
acres 70:20
ACTING 2:1
action 3:7 5:16
9:15 112:4 180:1
181:18, 18
active 65:11
actively 58:16
107:9
activity 18:25
39:6 57:3
actual 43:8 84:21
155:1 162:24
165:21 182:17
186:7 191:22
AD 68:17
add 161:9
added 127:20
ADDITION 1:1
12:24 17:5, 24
19:1, 15, 20 20:12
21:1 25:4, 13 30:8
45:23
additional 4:15
14:2 15:17, 18
16:3 91:7 121:23
172:24 186:15
additionally 5:9
address 10:1
28:21 58:17 95:19
96:4 142:14, 17, 25
143:2, 11, 13 146:1
161:21
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adequate 93:11
adjourned 197:21,
22
adjusted 67:19
AD's 68:24
advanced 55:25
advisory 60:6
afternoon 49:4
95:12 101:2 137:4
163:17
Ag 23:18 77:23
95:20 98:3 108:24
118:3 132:14
aggravating 77:5
aggressive 162:20
aggressively 20:20
62:4 118:1 149:21
ago 3:9 66:3
76:12
agree 122:7
141:23 155:8
156:25 158:25
173:24 175:17, 24
178:4 182:16
186:20 193:21
agreeing 186:19
agreement 5:4
143:4 182:15
AGRICULTURAL
1:1 45:12 46:5
89:3, 16 101:24
150:25
agriculture 52:22
151:2
ah 46:22
ahead 3:11, 13
9:25 27:25 29:4
49:6, 16 53:7
65:8,15,21,22
66:5 73:8 79:6
105:12, 13, 20, 23,
24 106:2 149:25
161:18 168:21
179:7 181:8
182:20 187:6
aid 21:4
Air 3:22, 24 6:8
7:9 8:1, 5 17:15,
18, 20, 21, 22 19:21
35:24 53:8, 19
56:5, 6 66:2 75:24
76:10, 12, 19 83:19
84:3 95:15 97:6
98:10 102:14, 24
109:6 130:2, 3
135:24 137:2
138:5, 15, 17
140:12
airport 92:17
102:3
air -tight 68:9
al 58:11
allow 21:7 25:9
92:24 130:4
allowed 97:14
allows 19:7 21:10
136:3, 4 195:18
alternative 104:10
AMENDMENT 1:1
3:4
America 141:5
American 108:22
amount 15:3, 15
19:13 27:22 42:15
64:4 84:11 104:2
118:18 125:2, 3, 4
126:10, 11, 17, 22,
23 127:4 134:1
167:4 169:20
170:4 172:6, 7, 10,
25 173:18 174:11,
15 175:9 178:12
179:2 180:11
181:19 182:7, 8, 9,
10 183:22 184:24,
Agren Blando Court Reporting & Video, Inc.
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25 185:20 189:2, 3,
4, 16, 17, 21 190:1,
3,11,17 191:9, 12
193:20 195:21
196:3, 6, 7, 22
ANAEROBIC 1:1
10:24 11:1 26:21
68:9 94:14 110:8,
9, 10 113:17
116:15 117:16, 17,
18 140:16 141:3
analysis 25:24
55:21 136:13
162:10 167:24
analyze 27:3
analyzed 26:20
Anderson 108:23
Angela 26:1
angry 74:11 97:8
98:8
ANIMAL 1:1
animals 68:15
117:25
announcement
65:10
annoying 76:23
answer 5:18 21:8
31:14, 16 53:15
56:24 73:12
112:17 138:21
142:1, 13 158:24,
25 159:2, 4 164:8
187:11 195:13
answering 170:23
answers 159:19
anticipate 20:6
anticipated 18:24
120:22
anticipating 151:4
Anybody 72:4
80:25 132:4
anymore 170:22
anyone's 124:4
anyway 147:24
184:18
anyways 178:8
apart 61:14 90:3,
6, 23 121:25 181:1
apologize 28:22
83:6 91:2
appear 146:6
APPEARANCES 2:1
appears 102:9
103:17 121:21
applicable 3:22
applicant 5:4 9:3,
24 186:15
Applicant's 9:4
application 23:22
24:3
applications 18:14,
16
applied 124:7
apply 125:5
applying 5:7 60:16
appraisals 70:3
appreciate 69:24
95:5 96:9 139:16
140:5 141:25
142:4 147:8
155:10, 18 158:7
159:23 160:16, 25
167:16 169:11, 13
172:12
appreciated 160:8
apprehension 84:14
approach 112:10, 10
approached 69:9
appropriate 180:1
181:18
approval 158:11
approve 150:9
approved 4:25 6:7
approving 156:16
186:1
approximately
22:13, 14 95:23, 25
96:23 170:2
178:11
approximation 42:7
April 4:20 6:13
12:8 59:9 61:4, 18
100:11 115:7
137:12 156:4
Aramark 109:5
area 20:20 28:1
30:14, 15, 15, 18
32:5, 11 33:12
37:25 39:13, 22, 23
52:8 58:15 81:12
82:21 86:19 88:2
92:14, 20 106:19
111:2 116:12
118:6, 7, 8 143:3
158:20 163:11
areas 20:1 30:5
46:5 77:10 86:12,
25 87:2, 25 114:2
141:4 145:7 146:7,
8
area's 115:17
argue 89:2 93:4
arithmetic 33:23
aromas 37:25
arrangements
197:7
arrived 24:23
article 174:23, 23
ascertain 193:23
aside 44:15
asked 10:21 16:6
25:23 27:25 50:13
58:13 74:13 86:7
95:17 106:10
112:22 118:16
121:22 123:20
145:6 150:10
152:15 159:20
170:21 194:7
asking 31:25
81:11 98:20, 20
124:17 154:24
165:14 190:16
193:25
aspect 30:12
aspects 94:25
assessment 30:17
52:12
assessments 38:4
assessor 29:14
38:13
assessors 53:2
assign 46:17
assigned 34:3
37:14 48:8, 10
assigning 34:4, 5
assist 38:3 116:6
137:13
assistance 56:6
ASSISTANT 2:1
associated 19:24
23:1 26:4, 6 27:1
108:2 131:11
133:19 134:24
140:16
association 113:17
assume 87:7
Assuming 128:15,
18, 22
assurance 29:9, 10,
18
assure 104:14
assured 159:16
160:17
astutely 58:13
asymmetry 32:13
atmosphere 15:10
17:12, 15, 25
117:20 119:6
130:11 144:5, 18
atmospheric 7:11
attached 5:9
attacks 71:5
attempt 105:17
attend 22:1 73:22,
23 78:22, 25 197:6,
7
attendant 102:20
attended 73:24, 25
79:9
attendees 22:13,
15, 16
attention 56:21
131:14
attentions 118:11
ATTORNEY 2:1, 1
attributable 106:18
123:14
attribute 66:24
attributed 45:10
50:11 70:5
audience 10:11
audio 198:7
August 22:12, 13
31:19 32:8 49:22
automatically
135:3 191:12
auxiliary 174:12
availability 5:5
129:2 131:11
162:13 195:20
available 5:7 24:4,
25 25:1 127:3
average 33:21, 24
34:1, 8, 25, 25 36:7
85:20 107:3 134:5,
12
averaged 34:3
averages 34:6
averaging 85:13
award 18:21
aware 105:25
115:20 176:11
182:6
aye 197:17
<B>
Bachelor's 55:24, 25
back 18:20 31:12,
17 40:24 42:6
44:6, 6, 21 49:10
55:1 58:12, 21
63:17 65:16, 19
67:21 70:4 73:15
78:8 98:6, 14
105:15,21,24
109:22 111:24
142:10 148:17
152:24 159:14, 25
160:16 161:19, 19
162:1 165:6, 12, 18
168:15 169:10
170:19 172:1, 2, 5,
Agren Blando Court Reporting & Video, Inc. 4
14, 17, 18 176:25
177:23 186:5
background 3:17
39:23 128:25
150:20 153:4
backing 149:8
bacteria 125:18
bad 67:1 85:24
92:3 98:24 173:10
174:8
Baker 109:4
ball 75:12
balls 117:2, 2, 3
BARBARA 2:1
barbeque 185:4
barbeques 70:9
BARKER 2:1 3:7
9:6
barn 88:2
barrier 25:21
base 25:13 156:15
Based 13:19 20:5
26:19 27:10 44:12
45:10 46:2 75:4
106:18 111:5
117:17 127:3
132:12 137:10
139:12 145:3
156:17 166:15
182:12 186:7
192:11
baseline 58:19, 20
118:14
basement 76:5
88:1
bases 140:3
basic 100:2
125:18 142:19
basically 30:4
32:10 36:24 40:19
68:7 104:23
109:25 119:2,3
138:3 139:10
142:12 155:17
163:18 169:24
basis 81:8 139:17,
20 142:10 148:2, 6,
11 184:12
BATCH 1:1
beautiful 102:2
173:8
bedroom 76:13, 13
Beebe 124:15
Beginning 65:11
BEHALF 2:1
behave 44:13
145:24
behaved 44:7
believe 20:23
30:22 51:19 54:7
71:9 74:18, 21
75:4, 12, 13 87:18
93:16, 21, 22 95:17
96:9, 10 104:23
113:18 118:9
131:14 132:8
136:15 152:10, 12
154:6 162:7
175:22 196:10
believed 103:21
belong 64:7
beneficial 11:2, 3
23:21 59:15 62:11,
14 155:15 175:23
benefit 108:4
benefits 23:17
174:25
best 18:8, 9 19:23
20:1 73:10, 13
78:15 82:23 93:19
94:13, 20 102:12,
25 112:24 113:4,
19, 20 118:9 143:9
153:7 161:21,24
165:2 170:23
198:11
bet 79:22 82:2
better 10:16 14:23
15:1 47:4 74:6, 7
76:2 80:20 83:21
86:8, 10 93:3
107:20 110:22, 24
111:3 126:6 134:7,
8 146:15, 21 148:4
149:21 165:16
181:6 183:21
beyond 6:4 97:17
bid 18:20 161:25
bids 18:20, 21
20:4 162:1, 10
165:18 167:24
172:2, 16 176:4, 8
179:15 186:5
big 25:5 75:16, 17
77:3 80:19 130:2
141:4, 5 161:5
163:24 164:10
179:14
bigger 47:3 156:7
biggest 140:18, 22
156:1
Bill 61:18 76:14
137:5
billion 28:12
biochemistry 56:1
biofilter 18:3, 12,
13, 15 130:16
biofilters 18:6
19:22 20:12
129:12, 18, 22
biofiltration 18:10
113:10
BIOGAS 1:1 10:5,
24 11:23 12:25
13:19, 22 14:4
15:20 17:6, 7
21:2, 4 23:15
24:19 25:8 26:18
57:23 58:18 61:3,
25 64:3 68:12
71:13 106:4 107:7
108:16 109:11, 17
110:15 112:7
Biogas's 10:17
Biology 55:25
110:6 183:4
biotrickling 15:19
109:25
bit 12:17 38:1
39:6, 13 41:24
42:12 57:17 63:10
65:19 84:20 85:2,
14 105:16 109:18
129:7 142:25
143:11 144:24
147:5 152:3 156:7
157:16, 19 183:9,
13 186:22, 25
187:10 193:9
black 71:19
132:21 133:14
134:1 135:20, 23
136:9
blend 16:19
blended 39:1
blip 135:1
blow 71:21 82:16
blower 130:14
blowing 17:20
31:4 32:22, 23, 24,
25 35:17 47:11, 12
70:15 71:12 86:24
87:1, 3 103:5
130:2, 3
blown 17:16
blows 77:13 86:18
blue 40:7, 9 41:4,
4
BOARD 1:1 2:1, 1
4:8, 12 5:2, 6, 14,
16 10:7 60:21
115:21 148:17
150:8 154:4 165:7,
12 180:5, 23
Board's 180:24
169:22
172:10
191:11
bringing 118:19
141:21 145:18
169:22 172:24,25
189:19, 22
broken 95:24 96:3
Broncho 22:6
Broncos 22:5
brought 4:20
22:25 103:17
115:24 116:16
117:7 119:18, 21
120:10, 12 137:10
141:20 143:22
146:11 155:25
169:21 180:21
brown 40:10
BRUCE 2:1
body 125:17, 18, 21
born 68:2
bothering 131:16
bottle 183:5
bottom 39:19
bought 76:12
Boulder 81:9
boundary 38:9
bowling 117:2, 3
box 68:9
brains 161:5
branches 117:1
brand 102:2
break 65:8, 9
105:14, 19 125:22
161:17
breaking 65:18, 20
breaks 91:17, 23
102:8
breathed 130:10
breathing 130:11
BREWER 2:1 5:23
8:18, 21, 24 9:15,
19 12:9, 18 21:18
30:21 55:6, 9, 14
138:19
Brewer's 58:6
61:18
brief 3:16 10:12,
20 28:18 29:5
133:15
briefly 28:9 91:14
bring 101:19
103:16 114:18, 23
118:23 125:8
126:3,22 142:9
161:19 165:6, 12
170:15
185:20
Agren Blando Court Reporting & Video, Inc.
5
bugs 125:6, 15
126:15 134:23, 24
182:11
build 18:23 19:16
113:14, 16 163:23
181:14 184:1
building 19:6, 8, 9,
10,II, 13,15,16
20:4, 5 113:7, 8
120:16, 18, 19
129:20 143:8, 8
163:11 164:3
184:2 189:8, 8
buildings 19:21
120:16
built 103:8 113:16
153:21 156:20
184:2
bunch 58:3 149:17
burning 134:15
burp 144:6
burps 68:11
business 23:15
70:10 89:14
103:11 108:14
151:24 154:15
155:16, 19 174:13,
13 179:1 185:22
button 42:21
buy 63:15, 16 69:9,
10 74:13, 13
<C>
calibrated 52:9
call 3:2 9:24
31:21 36:5 42:4
46:5, 15 51:25
52:24 57:3 66:20
76:21 80:14, 14
85:8 92:18 100:16
125:24,24
called 9:23 24:7
28:10 66:1 77:20
146:21 147:4
calm 31:8
canceled 70:10
canned 114:18
cap 181:12
capacities 136:14
capacity 11:7 75:9
86:9 121:5 125:1
196:1
capture 31:7 33:2
captured 79:25
carbohydrates
125:19 126:2
Care 114:17
carries 197:20
carry 19:12
Cartage 108:23
case 17:12 30:20
31:7 36:19, 22
37:4 38:22 39:7
57:7 68:20 148:16
158:13
cases 24:6 26:9
32:16 52:10
casing 45:21
catch 37:9 46:18,
22 57:7 139:3, 7
catch-all 141:18
148:4
catches 148:16
categories 37:13
category 46:16
CAUSE 1:1 3:3, 3,
8,9,17,18,19 4:13
9:7 10:7 12:8
14:6, 10 15:6
17:10 20:8 22:25
83:20 85:8, 9
137:11, 21 138:2,
22, 24, 24 139:11,
12 140:4 141:20,
21 143:21 144:1
148:15 152:20, 23
153:1 156:15
167:20 173:17
186:13 187:14
188:1,3,4,5,8
189:1 191:4
196:17, 18
causes 82:5
causing 69:1
143:18
CDPH 64:12
center 32:12 42:4
43:12
certain 30:5, 25, 25
125:11 136:3
183:6 187:20
certainly 5:19
48:9 63:11 132:22
141:24 145:16
CERTIFICATION
1:1 69:8 91:16
certified 8:12, 13
12:21 64:12, 13
83:18 88:11 91:19
198:5
certify 198:6
CET 198:22
cetera 21:13 24:3
26:21 69:15
107:19
CHAIR 2:1 173:24
CHAIRMAN 3:1, 7,
14 5:20, 22 8:14
9:1,3,6,9,23
28:3, 20 29:2, 4
36:12 49:5, 7, 10,
14 53:7, 24 56:11
57:16, 19 62:22
65:3, 5, 7, 15, 24
66:5, 8 67:2 72:4,
8 73:8, 17 74:16
75:19 78:12, 17
79:2 83:3, 14
94:10 95:10 99:13
100:6, 24 105:5, 8,
11,20,23 112:19
113:22 122:12
124:22 135:16
137:23 142:8
147:16, 19 148:8,
17,21 149:22,25
157:25 161:8, 14,
16,18 163:1
164:14 165:3, 6, 11
167:14 168:3, 19,
21 170:6 171:14
172:19 173:23
175:15 176:2, 8, 22
177:10, 16 178:16,
19 179:7 181:8
182:20 183:15
185:11 186:18
187:12, 15, 18
188:9 189:23
190:2, 7, 24 191:15,
18, 21, 25 192:15,
24 196:13, 15
197:9, 16, 18, 20
change 17:21
58:23 59:10
183:11 195:18
changed 80:16, 17
97:16 158:16
changes 16:8
97:14 113:21
118:23 144:4
changing 130:4
195:21
channel 21:9
characterization
46:8
characterized
37:24 39:25
chase 80:1
chased 46:3
chasing 31:22
47:3 48:13, 20
51:8
check 52:8 69:22
112:5 136:24
153:10
checking 103:4
chemical 26:5
55:24 128:25
190:18
chemicals 26:14
Chemistry 83:17
Chicago 101:15, 16
chose 30:5 101:13
CHRIS 2:1 3:14,
15 41:12 44:24
137:25
chunk 37:6
circuit 31:22
43:13 47:9
citizen 105:2
172:16
Citizens 66:1
75:23 83:19 93:13
94:7 95:15 98:10
102:13 155:14, 22
158:3, 13 163:4
City 67:22 85:18
97:21 101:23
civil 5:2
clarification 4:22
8:15 36:13
clarifications 9:1
54:1 62:23
clarify 63:10
147:17
clarifying 62:25
67:5
CLASS 1:1 69:14
82:4 88:19 91:16
Clean 66:1 75:23
83:19 95:15 98:10
102:14
cleaned 163:18
164:19
clear 42:23 54:21
175:6 191:19
194:12
clearly 43:9
CLERK 2:1
close 42:14 52:14,
15 56:21 66:19
70:25 105:13, 15
146:19 147:1
177:2 181:6
closed 76:4, 4, 19
closely 44:2, 4
closer 34:14 42:3
75:6 90:2, 23
105:16 148:3
179:17
Agren Blando Court Reporting & Video, Inc.
6
closest 7:4 35:8
75:25
closing 80:20
148:20, 20, 21
165:7
cluster 42:23, 24
45:2
CO2 15:21
Coan 137:5
Code 4:23 5:10
9:14, 22 67:11, 12
97:16, 16 139:5
153:1
coffee 80:13
cold 16:16 17:3
77:12
collect 17:11, 24
19:21 175:9, 11
188:23
collected 18:2 38:1
collecting 175:10
collects 18:1
color 67:6, 10, 12
COLORADO 1:1
3:22 4:1 40:15, 20
56:7 64:22 81:9
83:17, 18 97:5, 9
100:17 101:6, 19
102:22 114:2, 18
137:5
colors 67:9
column 13:10
columns 164:6
combination 37:17
combustion 133:8,
8, 10, 13 136:6, 7
come 7:4 9:4
19:4 24:24, 25
27:3, 19 37:9
46:10, 15 47:1
62:17 76:6 78:20
79:3, 4 85:4 87:14
90:3 100:1 104:10
105:20, 24 115:7
125:12 133:15
143:6 145:4, 12
158:18 162:1, 10
168:1 170:19
172:1, 4, 17 174:12
176:13 177:2, 23
185:12 195:19
comes 40:14 52:2
80:15, 18 109:22
118:18, 21 120:5
130:10 134:1
145:2 179:2, 15
183:22 189:17
comfort 96:19
comfortable 75:21
coming 10:16
16:16 27:8, 12
39:17 43:16 46:19
59:22 62:3, 21
64:1 66:23 67:1
68:21 70:4 71:12,
19 77:4, 9 83:25
86:12, 23 92:14
95:3, 19 96:2
103:15 113:25
114:4, 12 116:9, 11,
13 119:6 130:22
132:11 133:9, 21,
24 136:24 139:8
140:8 154:16
157:6 163:3, 4
166:16 174:15
175:12 180:12
190:1, 4, 12, 23
191:1, 7, 8 192:1, 6,
8 193:15 194:12,
14 195:9, 10, 11
196:4, 5, 23, 24
comment 121:17
147:21 178:2
183:17, 18 185:16
commented 7:10
comments 10:2
73:23 106:2
148:20, 22 155:9
157:17, 24 163:2
165:7
Commission 12:24
18:8 21:1 104:6
133:17 134:20, 22
135:9
commissioned
134:19 154:1
COMMISSIONER
2:1, 1, 1, 1, 1 8:14,
15, 19, 22, 25 9:2
35:19, 22 36:1, 9,
11 41:9 44:19, 21,
24 45:6, 15, 19
48:16, 25 49:3, 6,
12, 17, 22 50:5, 12,
16,19 51:5, 10
53:5, 8, 18, 23, 24,
25 54:21 55:1, 8,
10, 15 56:9, 12, 13,
13 57:10 62:22, 24
63:3, 14 64:24
65:2, 4 67:2, 5, 10,
14 72:6, 7, 9, 13, 16,
18, 21 73:2, 5, 6, 9,
16,17,18 74:1, 15,
16, 17, 24 75:4, 10,
16, 18 78:13, 14, 17,
19 83:5, 12 90:7,
10, 13, 24 91:2
94:11 95:4, 8, 17
99:14, 18 100:6, 7,
13, 19, 22 105:7
111:1 112:19, 21
113:12,22,24
114:5, 8, 11, 22
115:2, 4, 12, 15, 19
116:3, 19, 23
119:17, 23 120:12,
18, 24 121:2, 9, 14
122:3, 8, 25 123:6
124:1, 11, 18, 21, 22,
23, 25 127:6, 12, 15
128:2, 4, 11, 13, 16,
20, 24 129:5, 7, 19,
22 130:6, 19, 25
131:17, 20, 25
132:4, 7, 15, 19, 23
134:3, 6, 9, 12
135:8, 12, 16, 17
136:15, 20 137:23,
24 138:21 140:5, 6,
7 141:14, 23 142:7,
8, 9, 11 143:19
145:10 146:10, 13
147:3, 11 148:8, 9,
19 149:23 150:1,
19 155:4, 4, 6
156:3 157:7, 25
158:1 159:10, 14
160:1 161:3, 8, 9
165:13, 23, 24
166:7, 10, 13 167:2,
14, 15 168:3, 5, 12,
15, 20, 21, 22 170:6,
12 171:14, 15
172:19, 21 173:6,
23, 24 174:14, 20
175:7,15,17,18
176:6, 10, 16
177:10, 11, 18, 22
178:5, 18, 19, 20
179:8 180:3, 8, 11,
13, 18 181:9, 22
182:3, 18, 21 183:1,
15, 16 184:7, 17
185:12, 14, 16, 18,
19 186:9, 20, 22
187:11, 13, 16, 19
188:10 189:11, 11,
13, 14, 20, 24 190:5,
9, 10, 13, 15, 18, 20,
22, 25 191:6, 16, 23
192:9, 12, 16, 20
193:2, 4, 11, 13, 14,
16, 18, 19, 21, 24
194:1,15,17,23
195:3, 5, 8, 15
196:2, 10, 11, 15
197:8, 10, 10, 12
COMMISSIONERS
1:1 2:1 4:9 5:2,
6 10:3, 7 27:16
28:2 102:20
103:20 104:19
112:7 115:22
137:4, 19 148:25
158:3 159:1, 9, 13
commissioning
11:10 15:17, 23
27:21 133:19
135:11, 15 153:20
Commissions 4:2
10:11
commit 155:1
159:3
commitment 15:25,
25 16:10 149:15
committed 17:7
59:11 62:2 107:7
149:1, 19 152:11
committee 22:11
Commodities
108:22
common 30:3
174:4
communicate 74:8
162:22
communication
21:9 60:18, 19
community 10:18
16:6 20:25 21:2,
3, 9, 16 22:4, 8, 8,
11 23:3, 9, 17, 20,
25 24:1, 12, 15, 17,
20, 21 25:1, 1, 18,
22 26:17, 25 59:3,
13, 14, 15, 16 60:13,
21 62:6, 10, 10
63:12, 12 65:25
69:13 80:5 82:2,
11 85:7 86:19, 25
89:19 96:9, 20
97:11, 12, 14 98:7,
10, 18 99:7 102:17
103:18, 21 104:7,
14, 21 108:15
109:12 110:14
114:20 149:12
154:5 168:24
169:7, 15 170:10,
15,15,16,18
171:17, 23 174:17
175:22 181:23
companies 108:17
company 15:24
16:2 25:6, 14
Agren Blando Court Reporting & Video, Inc.
7
59:11 60:22
113:15 147:14
149:15, 18 154:6
158:7 166:21
167:11 174:1
comparables 85:15
compare 93:5
118:14
compared 85:20
compass 6:24
compatibility
150:10 156:17
186:2
compatible 93:7, 9
complainants 7:1, 2
complained 82:20
complaining 150:25
complaint 6:22
7:15 30:2 67:22
140:14 151:16
complaints 4:16
6:19 7:4 32:14
67:18, 25 80:24
81:2, 6 84:21, 24
85:1, 10, 22, 22
86:2, 15 93:8
137:12 145:4
147:5 185:9
complete 11:8
15:22 18:19 20:3
98:23 120:22
133:8, 13 166:2
completed 14:18
120:20
completely 109:12
completing 11:7
completion 18:24
20:6 75:6 107:13,
14 129:16, 17
complex 148:24
159:13 163:5
195:13
complexity 161:21
compliance 3:22
10:8, 13, 14 11:24
12:1,2,7,12,17
13:25 14:1, 7, 9
16:11 58:8 60:6,
24 61:3, 25 111:13
122:18 123:10
138:5, 13, 17 139:1,
5 140:11 141:13
145:11, 21 147:23
149:20 152:21,22
154:22 156:4, 6
157:1 158:23
178:23 181:2
compliant 13:20
14:4 17:6 107:8
110:15 145:9
149:16
complimentary
143:5
comply 3:23 4:5
9:22
complying 9:13, 14
compost 11:4
COMPOSTING 1:1
compressors 76:25
compromise
152:17 153:8, 16
154:2 161:1
166:19 167:11, 18
168:10, 25 169:11
170:17, 18 171:13
172:11 175:19
177:15, 17 178:6
183:20 184:21
186:17 188:12, 19,
20 192:12 194:4
concentration 26:5,
15
concentrations 8:8
concept 99:8
conceptually 33:24
concern 157:9
161:22
concerned 23:23
68:22 106:5
166:25
CONCERNING 1:1
115:11, 12
concerns 11:21
21:6,7,8 22:24
23:1, 1 63:8
105:25 106:5, 7
108:2 155:24
158:15
conclusion 10:20
46:2 53:4 185:13
CONCRETE 1:1
19:17
condition 32:24
33:1, 1 76:20 93:1
96:18
conditioner 76:12
conditioning 76:10
conditions 5:13
7:12 21:12 23:5
30:21 31:1, 3, 7
33:4, 11 36:19
37:9 38:16 44:14
45:11 56:23 93:17
138:4 165:1
187:20 189:1
196:20 197:12
198:11
conducing 56:4
conducive 31:1
conduct 29:6
conducted 7:14, 16,
18, 25 8:4, 12 56:4
confer 161:6, 11
confidence 13:24
162:6
confidently 145:20
149:3, 7
configurations
40:15
confirmed 7:8
12:9, 10, 14, 19
13:17, 21 14:2
50:22 59:8 61:11,
12, 15, 17, 22
conflict 22:4
conflicts 64:16
conjecture 137:22
Connie 101:5
consider 99:2
137:11 138:8
considerably 26:14
considered 5:11
9:8 32:19 53:11
109:21
consistency 14:20
consistent 30:8
93:22
consistently 14:13
30:6 34:19 59:9
constantly 135:7
144:17, 18
CONSTRUCTION
1:1 11:8, 9 14:18
18:22, 23 20:5
134:20 162:3, 24
165:19, 21 167:25
constructions 15:22
consultant 25:11
27:20 28:25
101:24 121:16
123:9 124:4
145:12, 19 157:3
159:23
Consultants 12:25
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123:12
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Control 3:22, 24
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Agren Blando Court Reporting & Video, Inc.
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COUNTY 1:1 2:1,
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County's 92:22
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<D>
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198:22
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183:11
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Agren Blando Court Reporting & Video, Inc.
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de -packaging
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DEPARTMENT 2:1,
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155:11
180:9, 15,
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DIGESTER 1:1
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119:2, 9 120:6
126:5, 12 127:21
133:3 140:16, 21
151:5 183:3, 4, 9
DIGESTER -BASED
1:1
digesters 26:21
34:21 42:2 94:14,
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116:16 117:3, 14,
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182:25
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dilution 4:3 6:12
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52:22
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Agren Blando Court Reporting & Video, Inc.
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81:24
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47:3
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downwind 32:20,
21,22,24 33:1, 3, 5,
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dramatically
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Draw 124:15
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126:12
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<E>
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Agren Blando Court Reporting & Video, Inc.
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<F>
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39:20, 21 55:20
85:20
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14:20, 23 16:9, 9,
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188:3
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Agren Blando Court Reporting & Video, Inc.
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Agren Blando Court Reporting & Video, Inc. 14
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<H>
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Agren Blando Court Reporting & Video, Inc.
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173:20 184:23
185:1 188:11
191:3
issued 3:23
issues 22:22 23:7
66:15 75:7 158:12
180:25
it, 69:3
items 24:11 70:19
Agren Blando Court Reporting & Video, Inc.
16
its 11:7 14:25
16:21 38:3 109:13
112:15 125:17
134:23 144:4
Iwaszek 27:13
28:2, 4, 7, 22, 24
29:3, 5 35:21, 25
36:2, 10, 14 41:14
44:20, 23 45:4, 8,
16, 20 48:18, 24
49:2, 9, 21 50:4, 8,
18, 21 51:9, 13
53:12, 21 54:6, 16,
20, 24 55:22 56:10,
19 57:11
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James 83:15 113:3
January 129:4, 4
177:13 188:22
194:8
Jason 10:4 28:7
29:7 31:18 48:14
49:11 50:9 51:15
55:17 56:24 57:17
69:23 80:14 88:15
90:19 94:16 96:9
102:16 104:7
105:25 112:21
140:1 146:11
152:4 155:9 158:2
159:10 161:19
163:2 179:5
180:19 181:9
183:16 189:15, 25
190:21 193:7
194:25
Jason's 75:1 78:4
187:1
JBS 108:22 114:10
125:13
job 92:22
John 115:25
146:12, 18, 19
Johns 109:7
JUANICORENA 2:1
105:22
JULIE 2:1
July 3:19 4:12, 20
5:23 6:20 7:16, 20
8:18,19,21,22,24
66:13, 17, 21 71:24
73:1 81:3 83:20
97:2 102:21 121:2,
3 154:24 155:2
171:2
June 8:3 20:7
66:13 78:6 98:19
99:2 107:15 116:5
120:22,25 130:1
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Justice 79:7, 7
83:9
<K>
Kathy 95:12
keep 60:15 143:14
180:14, 20
Ken 95:12
kept 68:10 103:12
170:23
kids 68:12
kind 32:13 33:14,
25 36:25 37:17, 22,
23, 23 39:1 41:19,
24 42:12 43:10
44:13 45:23 51:21,
21, 23 52:2 53:3
56:22 57:7 60:15
68:16 69:5 79:12
81:18 82:14, 23
88:1, 23 90:20
91:13, 20 92:2
106:9 117:15
124:10, 23 125:13,
16 129:3 140:17
142:10 144:19, 24
145:2 157:7
161:24 162:4, 12
164:7, 17 170:3
171:20 176:6
183:5 186:19
188:12 192:3
kinds 33:4 37:24
55:19 131:12
166:1
Kinetic 109:5
King 109:1
Kirkland 78:13
KIRKMEYER 2:1
35:19, 22 36:1, 9,
11 48:16, 25 49:3,
6, 12, 17, 22 50:5,
16, 19 51:5, 10
53:5, 8, 18, 23 72:6
73:6, 9, 16 78:14
90:7, 10, 13, 24
91:2 100:6, 7, 13,
19, 22 105:7
113:23, 24 114:5, 8,
11, 22 115:2, 4, 12,
15, 19 116:3, 19, 23
119:17, 23 120:12,
18,24 121:2,9,14
122:3, 8, 25 123:6
124:1, 11, 18, 21
129:19 132:7, 15,
19, 23 134:3, 6, 9,
12 135:8, 12
138:21 140:5, 7
141:14 142:7
148:8, 9, 19 149:23
150:1, 19 155:7
157:7 159:14
160:1 161:8, 9
168:20, 22 170:12
172:20, 21 174:14,
20 175:7 176:16
177:10, 11, 18, 22
178:5 180:8, 13
182:18, 21 183:1,
15, 16 184:17
185:14, 18 186:10,
20 187:11, 13, 16,
19 188:10 189:11,
13, 20 190:5, 10, 18,
22, 25 191:23
192:9, 12, 16 193:2,
14, 16, 19 194:1, 17
195:5, 8, 15 196:2,
11, 15 197:10, 13
Kirkmeyer's 124:25
156:3
knew 96:5 103:19
know 3:17 16:16
17:3 30:10, 14, 15,
21, 24 31:24 36:18
38:20 39:10 40:10,
24 41:16 42:14, 22
43:11 44:11 46:24
47:11 48:12 50:23
51:7 53:12 55:1
57:12 60:1 63:20
64:11 66:18, 20, 24,
25 68:14 72:23
73:21 74:3 76:25
77:19 78:4, 6 79:3
81:19, 24, 25 82:16,
24 85:7, 25 86:11,
14 87:5, 11, 14, 24
88:4 89:1, 4, 4, 6
90:3 91:6 92:11,
17, 22 93:2, 20
94:25 95:8 96:1
97:8, 19 99:15
102:1 103:19
111:5,6,22 112:21,
23 113:2 114:14
121:24 122:1
126:6 127:17
128:16 132:20
133:17, 20 136:2
137:19 138:18
140:8 142:21,23
143:8 145:8, 9, 9,
14 146:11, 17, 19
147:3, 6 148:25, 25
149:14 150:3, 3, 15,
20, 21, 24 152:5, 11
153:2, 4, 7 154:5
155:6, 7, 11 156:8,
9, 11, 12, 14, 22
157:4,17,18,21
158:2, 9, 22, 25
159:2,7,17,19,21
160:5, 6, 13, 15, 20,
20, 22 163:6, 7, 23
164:10, 12 166:14
167:7, 8, 8, 9 171:7,
22,24 173:25
174:7 175:18
176:22 178:21,25
179:5, 6, 9 180:4,
24 181:1, 19 184:6,
7, 8 186:3, 25
189:16 191:10, 14
194:24 196:8
knowing 44:13
77:20 103:8
knowledge 187:2
knows 81:1
<L>
LA 81:20
Lab 109:6
label 36:7
lack 91:10 139:22
165:15
lagoon 77:10, 12
110:9, 11
lagoons 20:15
118:7 131:4
land 93:7, 9, 11, 23
96:17, 17 156:8
landfill 103:9
landfills 26:21
153:5, 6
large 37:6 84:11
larger 52:8
largest 93:3
150:22
LaSalle 81:12
97:20
laser 42:20, 20
lasted 123:21
lasting 104:20
lasts 71:22
Late 8:21, 22 31:2
56:15 76:21
105:16 164:17
latest 66:15
Law 108:25
lead 51:7 134:20
leading 126:19
learn 82:5 101:23
104:15 111:16
Agren Blando Court Reporting & Video, Inc.
17
112:12 126:20
144:13
learned 53:13
143:10
learning 140:17
141:8
leave 70:17 71:10,
24 73:19 78:9
leaving 166:3
legal 138:7
Leprino 108:21
114:10
lessens 166:15
lets 139:13
letter 21:24 77:25
82:12, 13, 13 98:2
110:25 115:20, 24
116:2, 2 146:12
150:12
letting 112:8
level 4:3 6:13
28:13, 16 34:4, 4, 5
35:5 52:3, 4 55:11
91:18 112:11
130:5, 10 179:9
levels 26:10, 15, 22,
24 27:2, 7 28:15
96:8, 8
lieu 167:4
life 23:5, 6 51:7
53:12 96:7 97:12
98:9, 14 99:9
101:11, 11, 13
103:6 104:3 151:6,
22 152:14 158:16
light 77:2, 3, 4, 7
108:8 110:19
167:4 183:12,14
lighter 40:9
lights 77:4
limit 136:5 162:16
166:1 167:3 170:1,
4 172:9 173:14
180:5 182:22
188:22 189:2, 3, 16
190:2, 3, 11 191:16
192:13 194:4
195:6 196:3, 5, 6,
20, 22
limitation 181:5
limited 5:12 9:17
133:4 169:18, 20
179:22
limiting 166:5, 11
172:23 177:20
178:5,7,10 179:1
182:15 185:19
189:25 190:17
192:21 194:19, 24
195:23
limits 5:6 6:6
97:21
line 20:6 39:4
67:22 79:15
137:17
lines 6:5
liquid 127:22
list 35:3 108:17
listed 47:6 132:1
listening 194:1
little 10:22 12:17
27:6 29:25 41:1,
24 42:12, 22 47:3,
4, 15, 25 57:17
63:10 65:19 74:2
79:16 84:2, 20
85:2, 14 95:7
105:16 113:1
129:7 137:6
142:25 143:11
156:7 157:8, 16, 18,
19 176:18 183:7
186:22, 24 187:10
193:9
live 6:24 7:1, 4
30:14, 14 53:12
66:10 75:24, 25
79:8 80:5 82:9,
17, 18, 19 83:7, 9,
16 84:17 92:5, 12,
19 93:25 95:13
98:20 99:10 101:6,
11, 13, 16, 23 102:7
103:4 104:22
150:22 151:6
158:20 169:15
174:16
lived 95:13 96:21
102:4
lives 81:16 98:6
103:4 142:18
146:20 159:25
160:14, 16 169:13
184:5, 11
living 76:23 81:7
82:5 97:13 98:8
99:11,21 101:22
102:16 103:1,6
108:9 151:14
158:15 176:12
183:12
LLC 1:1 23:16
load 107:19 112:8
120:1 181:17
loads 11:21 95:18,
18,19,22,23 96:2
99:23
lobby 91:17
local 118:6, 6
located 71:9 83:7
location 32:19, 20,
20, 21 33:5, 6
34:22 38:17 40:1,
9 43:1,5,7 46:12
50:23 111:5
locations 33:17, 18,
19, 20 34:9, 18
35:4, 10 38:6, 12,
14, 20 39:8, 14, 15,
18 41:23, 23 42:4,
4 43:2, 12 45:23
50:2, 3 66:14
log 30:2
logged 4:16
long 54:7 59:24
71:20, 22 76:8
77:2 88:4, 4
123:24 134:18
143:16 157:10, 20
159:5 172:23
173:25 177:25
178:9 179:19
183:10 189:18
longer 14:23, 23
73:12 122:12, 16
123:21 125:21
126:12
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31:7, 13 33:4, 16,
17 34:12, 14, 16, 18,
20 35:3, 11 36:4,
16 40:21 42:3
43:21 51:17 58:20
59:21 60:2 70:13,
14, 16 83:23 85:9
86:3, 11, 19, 21
88:20 89:18 94:20
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18 139:13 140:23
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145:13 146:2, 10
152:24, 25 157:3,
22 160:2 167:19,
25 174:21 179:8
183:25 186:1, 4, 16
188:2
looked 28:14
32:10 33:22 90:15,
21 113:1 144:10
176:17
looking 5:15
14:14 16:17, 18
19:5 20:12 24:24
25:20 36:17 41:22
47:20 57:14 59:21
64:21 68:14 79:15
123:8 126:9
128:14 131:1
136:16 145:12
146:24 152:19, 23
161:10 170:7, 11,
13 171:12 173:5, 7
177:1 186:13
looks 31:8 42:19,
25 45:1 80:15
101:1 168:1
lose 49:4
lost 160:15 166:20
lot 10:21 27:9
36:25 39:21 41:3,
4 58:1 63:20
68:17, 19 71:3, 4
74:4, 6, 10 75:6
76:24 77:9 79:18,
19, 21 81:3 82:7
86:11 87:13 90:4
91:16 93:20
109:10 110:23
111:19 113:16
125:22 126:8, 20
127:8 134:7
140:16 141:7
145:4, 15 149:2
155:17 156:11
161:22 166:21, 24
171:3 189:15
lots 52:8, 14
150:23
louder 98:11
love 53:15 69:2
101:12 140:15
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28:13 42:15 87:25
164:25
lower 15:4 41:8
124:15 163:14
lunch 37:19 105:14
< M >
M-5 108:25
Ma'am 99:14
macerated 117:8
machine 95:24
96:4 126:21
133:18, 25
machinery 134:19,
20, 22
machines 15:23
133:18
main 132:9 142:14
157:23
Agren Blando Court Reporting & Video, Inc. 18
maintain 10:14
11:24 14:7, 8
16:11 62:5 178:12
maintained 29:10
maintaining 17:5
maintains 58:8
major 92:13
190:19
majority 85:7
90:22 120:8
136:12
making 14:24
15:1 16:8, 9 22:9
26:19 59:18 64:17
121:7 156:5, 25
MALE 114:15
malfunction 29:17
man 140:20
manage 126:10
management 18:8,
10 19:23 20:1
94:13, 21 143:9
manager 10:4
27:14 28:24 56:3
managing 28:25
manner 96:16
manure 10:25
20:10 23:18, 19
37:18, 22, 23 51:21,
22, 25 52:2, 5, 16,
18 77:21 103:2
117:12 118:4, 5, 7
119:10 121:13
131:3 132:17
142:25 194:18
196:23
manure -type
121:10
map 34:15 35:13
39:19, 20 40:3, 22
106:14
mapping 42:9
maps 86:20
March 18:25 74:22
78:6 98:18 99:2
107:13 116:4
129:12, 16, 24
171:2 184:2, 2
189:8
marched 143:20
marking 38:12
Martin 115:25
146:13
mass 124:24
masse 197:17
Master's 55:24
material 15:12
19:14, 18, 19 110:5,
13 117:1, 5, 7, 7, 9,
23 118:19, 21
119:1, 3, 4, 7, 18
120:8 121:13
125:5, 7, 8, 21
126:3, 4, 11, 12, 16,
18, 23 127:4, 7, 8,
10, 24 132:8 163:9
174:10, 11 180:21
182:7, 9 190:4
191:20, 22, 24
193:10, 15 195:22
materials 18:22
19:9 110:7 114:19
117:9 121:11, 11
125:2, 10, 11, 12, 15
129:2, 2 131:12
132:16 162:12, 13,
14 166:1 180:11
182:12 189:19
191:12 192:25
195:9,10,11,19,20
196:3, 22, 23
math 193:9
matter 93:17 99:1,
2 137:20, 20
152:21 187:23
188:25 196:16, 19
198:7
maximizing 189:17
McDonald 108:19
mean 35:7 52:20
58:20 66:24 76:14,
22 78:4 91:7, 11
107:16 111:11
123:5 134:17
140:20 141:10
142:2 147:9 150:3
153:4 158:5, 18
169:15 171:3
173:8 176:3 177:3
193:6 195:9, 19
meaning 12:11
33:23 117:8
means 16:24
18:20 26:8 61:24
108:3 169:14
173:3 194:5
meant 9:19
measure 12:21
25:2 40:12 43:14
50:22 82:9 88:12
136:2, 14
measured 12:8
13:8 23:10 43:18
45:9, 11 47:14
50:10 90:6 106:16
107:4 121:17
122:18 123:4, 11,
12 124:20
measurement
13:23 14:2 39:2,
2, 25 47:7 87:17
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12:3, 12 13:2, 9
31:23 32:17 36:25
37:2, 7, 15 40:25
41:2 43:12, 20
46:17 50:8, 11, 15,
25 63:13 87:22
88:16 124:1
measurements,
49:20
measurer 64:14
measures 28:11
59:20
measuring 23:4
24:17 32:2
meet 22:21 25:10
49:25 53:10 55:12
60:10 89:11, 13
114:23 172:16
MEETING 1:1
21:16 22:3, 19
24:7 65:17 66:14,
21 74:5, 6, 9, 12
83:20 85:8, 9
87:12 95:20 97:2
98:3 102:21
139:21 169:7
170:15 171:25
187:25 197:22
meetings 21:3
22:6, 6, 17, 23
23:10 24:12 63:12
73:22, 23 78:21, 23,
23 79:9, 11, 12
80:9, 10 82:16
171:17, 23, 25
173:12, 13 175:22
178:1 181:23
188:17 189:5
197:1,3,5
meets 12:11
member 69:7
75:23 83:19 92:7
members 21:17
24:21 66:1 69:13
82:4 95:14
memory 53:16
54:14
mention 40:13
95:16 109:10
mentioned 28:7
29:7 30:21 31:18
32:4 36:19 37:11
74:17 83:22 84:10
85:7, 12, 13 86:17
87:13 89:20 91:24
93:14 114:2
117:15
mess 102:11
met 22:11, 12, 13,
15 42:8 50:6 80:6
metals 117:1
meteorologic 30:25
meteorological
164:24
meteorologist 7:10
meteorology 35:15
44:13 56:22 57:7
meter 62:7, 8
Method 136:13, 14
137:1
methodology 28:19
29:6, 22 30:19
31:11 34:24 124:6
Mexico 56:7
microbiologic 131:5
microbiological
20:16
microbiology
109:24
mid 129:3, 4
middle 76:5 84:7
151:18 191:4
midnight 36:24
midst 27:21
MIKE 2:1
mile 21:15 48:17,
18 52:13, 16 79:8
83:10, 12 89:9
miles 7:7 32:11,
11,16 39:12, 13
46:6 48:19 50:1
97:22 150:23
million 110:4
minded 60:22
mine 27:9
minimize 68:19
180:1
minimum 89:9
MINOR 1:1 3:4
minute 65:8, 9
91:1 121:19 122:4,
9, 17 123:21 132:6
minutes 12:4, 13
13:5, 5, 11, 17, 18
32:10 33:9 50:24,
24 54:23, 24 55:7,
9, 12 61:14, 14, 22,
23 76:7 79:24
80:18, 18 82:8
87:15 89:23 90:2,
4, 5, 5, 18, 18, 23
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Agren Blando Court Reporting & Video, Inc.
19
25 122:15, 16, 23,
23 161:6, 15 171:6
misting 14:9, 11,
14 16:1, 7, 15, 18,
23, 25 18:5 120:17
144:12 146:8
154:16 163:21
mitigate 68:19
mitigation 16:7
24:13 59:20
mixed 117:12
moderate 31:3
modify 164:5
moment 39:24
MONDAY 1:1 169:6
money 16:7, 8, 11,
13 64:4, 6, 8 104:2
166:21, 22
money's 166:23
Monford 71:7
monies 16:4
monitor 11:20, 23
28:16 29:19, 24
180:6, 6 181:24
monitored 30:6
34:19 38:18 39:15
monitoring 6:7
10:19 13:1 27:17
28:8 30:8 31:6,
18, 20 32:8 38:22,
22, 23 39:8, 10
46:14 57:25 60:14,
15 61:10, 10 79:23
80:24 112:2 123:9
145:15 179:25
180:14
monitors 6:9
month 67:25
76:15 85:11, 14, 20,
21 86:2 93:8
96:24 151:9
161:12
monthly 60:8
months 6:14 66:3,
22 74:23 75:14
79:16 83:1 85:22
86:16 87:1 94:1
96:23 98:22
102:11 108:11
110:1 153:17, 19,
24, 25 157:9, 11, 12,
19 159:4
MORENO 2:1
56:12, 13 57:10
73:17,18 74:1,15
78:18, 19 83:5,12
95:17 99:14, 18
112:20, 21 113:12
157:25 158:1
168:4, 5, 12, 15
173:23, 24
morning 3:15 10:3
28:2, 3 31:9 37:2
54:9 56:15 57:1,
1, 2 65:23, 24
70:13 76:18 80:13
95:11 104:17
145:4, 5 164:17, 25
mornings 31:2
37:3
motion 185:15
196:14 197:12, 20
mountains 160:2
173:7
move 18:17 33:3
41:15 63:6 75:12
77:15 82:13 103:8
158:6 162:23
196:16
moved 80:25 81:2
151:1, 5 163:9
197:9
moves 195:24
moving 138:24
144:18 157:16
mow 70:20
multiple 77:6 80:6,
6 109:2
MUSR 1:1 3:5, 20
11:24 12:4 13:20
58:9 61:1, 4 107:9
122:2
< N >
nailed 142:13
159:12
name 9:25 10:4
28:21, 23 66:6, 9
75:22 83:15 95:12
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named 26:1
names 172:22
nasal 23:12 24:14,
17,19 29:13, 14
40:4, 13, 18 46:20
62:25 63:16, 17, 18,
19 64:15, 22 69:8
72:10 74:14 182:2,
3
nation 150:23
National 120:2, 4
125:14
native 101:15
natural 11:5
nature 89:15
144:15, 21, 23
nausea 71:5
nauseous 77:21
near 30:5 32:3
34:18 38:6 40:22
41:23 101:7
nearby 42:4
nearly 110:4 130:8
neater 14:20
necessarily 88:6
193:5
necessary 18:23
133:13
need 5:14 66:18
70:17 98:5, 25, 25
99:3, 3, 4 121:24
127:8 139:11
148:1 151:3 156:9
161:14 171:25
177:6 178:14
181:13, 15 182:6
188:23 196:8
needed 25:10
122:1
needs 94:23, 24
97:16, 17 104:11
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negative 109:21, 22
140:19
negotiate 97:14
negotiated 162:2
negotiating 97:6,
10, 11 100:9
102:22, 23 115:6
negotiations 115:10
neighbor 6:16
8:16 21:23 70:13
75:25 96:14 99:3,
21,24 111:12
neighborhood
45:24 69:13 103:9
150:11 183:19
184:4 188:15, 17
189:5 197:1,5
neighborhoods
197:1
neighbors 6:24
21:6 22:21, 23
24:7, 7, 10 63:5, 5
64:12, 19 66:3
69:7 71:4 73:11,
19 74:7 88:5
96:21 101:20
104:18 106:1, 6
108:1 110:17
117:24 123:18
131:16 132:9
146:14 149:10
152:8 156:10
160:7, 13 170:2
171:9, 19 175:3
176:11, 15 177:1
182:1 186:5, 16
197:6
neighbor's 70:25
72:1
neither 104:7
neutralize 16:20
never 16:3 53:14
76:11 77:24 97:24
102:4 110:18
135:4 167:5
new 17:19 18:5
19:16 20:5 25:11
56:6 66:17 67:13,
15 70:12 102:2
113:8 141:15, 24
164:3
nice 43:18 152:4,
6 158:20
night 7:3 70:24
76:5, 18, 21 77:2,
19 84:7 151:18
164:17
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Noncompliance 4:6
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38:9 39:11 43:21
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Agren Blando Court Reporting & Video, Inc. 2O
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November 6:21
7:14 22:19 54:15
84:23 176:20
177:9 185:8
188:16 196:19
197:11
noxious 89:2 92:9
NPR 140:20
nuisance 6:19, 23
7:2 53:11, 20
84:24 92:23 96:14,
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12:19 13:4 25:8
34:11, 13 40:24
41:5 43:12 45:9
46:17 67:17, 23
84:21 87:21, 21
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<O>
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171:18, 22 172:15
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167:1 173:10, 10
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67:14 72:15, 17
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Agren Blando Court Reporting & Video, Inc.
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185:11, 18 186:18
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194:15 196:13
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81:1 82:1 109:22
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90:15 148:14
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137:12 139:25
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<P>
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Agren Blando Court Reporting & Video, Inc. 22
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Agren Blando Court Reporting & Video, Inc.
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Purina 85:16, 18,
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Agren Blando Court Reporting & Video, Inc. 24
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Agren Blando Court Reporting & Video, Inc.
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Agren Blando Court Reporting & Video, Inc. 26
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68:3 170:24
storage 19:9
23:19 120:9, 11
127:24 133:3
store 117:7 118:25
stored 116:15, 16
117:11 118:22
119:12, 19, 20
120:11
stores 109:1, 2
stories 34:17
storm 73:4
story 91:13
straight 15:10
26:2 42:9 45:2
147:9
stream 103:25
104:1 161:11
streams 11:1, 2
62:12, 14 114:4
116:13
Street 137:5 147:9
strength 106:13
stress 43:18 96:8
98:7, 20 102:18
strictly 119:24
stringent 89:12
94:3
stringently 104:17
strive 107:17
154:21
strong 15:24 32:1
33:13, 16 62:5
106:12, 15 144:25
145:1
stronger 98:11
struck 160:6
structure 19:5
25:14
struggle 164:2
struggling 158:24
159:6 178:20, 25
179:3 184:19
186:21, 24 187:10
stuck 99:11
studies 30:24 56:1
study 29:7, 8, 23
34:9 37:12 44:12
46:2 58:20 81:10,
13, 13 88:9
stuff 60:15 77:1
82:7 106:9 110:10
124:10 125:13
129:3 137:2
162:13 164:6
submittal 162:24
submitted 97:1
114:24
substantially 96:16
substrate 15:7, 8,
15 17:13, 23 19:1,
25 20:18 107:14,
23 117:10, 11, 23
119:5, 14 120:2, 7
129:2, 17 130:1, 22
131:24 132:12
143:25 144:2, 3, 17
163:15 182:8
substrates 127:3
subzero 16:25
success 62:8
sudden 68:14
suffering 97:13
sugars 125:19
126:2
suggest 3:11
suggestion 181:10
suggestions 94:13
suited 114:19
sulfide 5:25 6:5
summarize 93:2
summarizes 34:20
summary 38:21
95:2
summed 94:22
summer 77:18
80:8 84:6
summers 76:15
sunrise 31:10
37:3 173:6
super 127:19
Supers 109:2
supplement 58:6
suppliers 109:4
supplies 16:23
supply 16:23
support 62:9
104:18 148:3
164:6
supported 16:2
supposed 9:24
40:10 100:15
120:19 153:23
180:14
sure 11:24 14:15
17:3 18:16 22:9
27:22 28:7 29:5,
14 35:21 44:23
48:11 49:2, 3, 9, 18
52:3 57:10 61:9
64:7, 17 68:25
70:6 71:18 96:12
100:8 106:4 109:9
111:22 112:4
123:6 129:9 134:9
137:25 140:11
141:12, 14 150:15,
19 153:4 161:18
164:8 167:23
168:20 170:13
171:10, 24 174:14
176:2, 3 177:4
182:14 187:8
188:23 189:13
190:16 191:17
192:21 196:15
surprise 33:12
surprised 41:3, 4
69:18
surprisingly 35:7
surrounded 66:4
surrounding 175:3
185:24 186:10
suspend 187:19
suspension 5:1, 17
154:8 184:19
sustainable 104:10
swearing 99:12
sweet 37:23 51:22,
25 52:16 126:22
swine 88:25 89:1,
6, 8 94:5
switch 28:5, 6
108:8 183:13, 14
system 15:20, 21
19:2, 3, 24 20:19
23:12 63:9 109:24,
25 113:11 116:18,
22, 24 117:17, 21
120:21 129:18, 20
135:6 146:11
154:17
systems 14:10, 11,
14 16:1, 15, 18, 23,
25 18:5, 9 117:18,
19 120:17 134:11
146:8 154:16
163:7 164:5
<T>
table 36:15, 19, 23
tables 34:15 41:20
tail 15:19 20:13
take 10:22 26:2
31:12, 13 33:10, 11
38:24 39:24 40:21
51:17 65:8, 9 68:7
69:13 77:16 79:17
82:6 85:9 89:21
96:13 105:14
112:4 118:13
121:22 124:2
125:3, 15 157:3
161:16 180:1
181:18 186:3
taken 12:12, 22
18:2 61:13, 13
65:14 80:11 84:12,
19 90:2 121:18, 25
122:4, 9, 10, 16, 18
124:2, 5 181:1
takes 23:19 59:24,
25, 25 62:13 76:7
93:1 109:13
116:25 125:21
141:7 183:10
186:14
talk 29:24 33:8
45:20 55:19 116:7
126:19 153:6
161:6
talked 14:5 34:24
62:25 73:21 87:11
95:7 112:22
124:12 129:7, 10
131:1, 2 140:19
142:23 150:4
160:8 161:20
talking 10:10 50:6
75:8, 9 84:21
116:4 119:5
120:15 129:11
134:11 143:14
177:16 179:15
185:7 194:25
195:1, 4
talks 4:24 5:2, 10
139:8
tank 15:8, 12, 13
17:16,17,19,20,23
107:14, 14, 23, 23
119:4, 5, 19, 25
129:17,17,23
130:1, 2, 9 131:24
143:25 144:2, 3, 3,
4,5,7 153:18
182:8
tanks 15:7, 16
17:13, 14 19:1, 2
20:18 117:11, 11
118:24, 25 119:14
120:7, 10, 11 129:8,
14 130:22 131:24
132:12 144:17
163:15 189:9
Agren Blando Court Reporting & Video, Inc.
29
target 130:1
167:12
targeting 16:25
task 109:16
tasks 57:21, 21
tax 104:1
taxes 103:25
team 62:20 104:5
161:5
technical 9:6 95:2
127:19
telephone 6:22
tell 34:17 48:2, 4,
7,11,14 54:8
60:10 73:10 83:6
92:17, 18 113:25
121:22 123:10
133:1 136:16, 19
146:20 151:8
152:18
temperature 15:4,
13 16:21
temperatures
107:23
ten 34:18 83:1
96:6 99:15 151:9
161:15, 16
tenacious 158:6
tenacity 154:25
tend 44:14 142:14,
18 143:3, 6
tent 163:24
term 89:5 165:16
179:19
terms 11:12 12:17
32:15 52:19 94:13
96:25 97:4 100:14
106:14 109:13
115:7 126:9
130:20 131:23
142:13, 19, 21, 22
143:10 159:22
160:21 162:3, 12
165:16 166:16
175:19, 23, 24
176:15 181:14, 24
193:10 195:9
terrible 158:17
test 153:22
testified 101:21
103:7
testimony 75:1
testing 11:10 17:2
56:14 79:19
136:25 144:12
153:21
tests 181:1
Thank 8:13, 23
9:2, 21, 22 29:2, 3
35:22, 25 36:2, 11
44:24 45:15, 19
53:23 56:9 57:16
62:17 65:2 67:15
72:2 73:5, 16
74:15 75:18 78:10,
12 79:2, 7, 10 83:3,
14 94:8, 10 95:10
99:12 100:22, 24,
25 105:3, 5, 7, 8, 22
115:4 124:21
130:23, 23 139:19
154:10 159:11
160:11, 13, 23
161:13 163:3
165:3
Thanks 36:12 72:3
83:13
that, 46:23
thermostat 70:22
thing 46:25 48:23
57:12 70:12 84:5
96:1 107:12
111:14 118:9
129:23 140:9
141:4 142:6
163:24 164:7
170:3 174:9, 15
176:10 180:23
182:6 196:9
things 14:5 15:2
21:20 22:7, 8
25:19, 23 26:14
30:16 37:10 44:9
48:7 52:6, 9 53:13
57:18, 20 62:12
68:11 82:15 87:9,
11 88:18 89:7, 24
90:1 106:5 109:12
123:7 128:22
129:10 131:2, 6, 8,
9, 12, 19, 25 140:17,
24 142:11 143:10
145:8 146:3
147:10 155:25
156:12 157:6, 15,
18 159:16, 20, 21
160:6 164:1
165:17 166:1, 19
167:18 169:24
171:24 172:4
179:11 180:23
185:5 186:25
187:22 189:14
191:10
think 9:15 25:17
30:1, 21 31:17
32:13, 15 33:23
36:22 37:3 38:3
41:12, 16 42:16, 17
43:8 44:5, 6, 7, 12
45:16 47:5 48:22,
23 50:9 51:3 53:2
54:10, 11, 14, 18, 22
56:24 60:21 66:19
68:16 69:16 73:10
80:25 81:1, 17
82:25 84:21 85:5,
15, 25 86:7, 8, 14
88:9 89:10 90:4,
25 91:5 92:24
93:6 99:18, 19
112:7, 16 118:18
123:3 125:25
126:1 127:16, 17
128:5 129:12, 20
132:5, 12 137:25
138:16 140:7
141:1 142:12, 16,
20,24 143:1,3,12
144:15, 19, 24
145:10 146:12, 22
147:20, 22 150:5,
15 152:4, 6, 7
153:25 154:4
155:15,19,21,24
156:1,4,7,17,25
157:10, 21, 22
158:2, 4, 5 161:22
163:14,20 164:9
165:2, 9 166:24
167:17, 18 168:22,
24, 25 169:5, 17, 20,
25 171:19 172:12
173:18, 25 174:7
175:11, 18 178:14
180:22 181:4, 6
183:18 184:24
185:22,23 187:1
188:14, 18 189:24
190:8 191:13, 15,
18 192:22 193:11,
13 194:24,25
thinking 36:20
52:1 69:17 70:2
89:24 92:8, 11
172:14 191:6
thinks 170:18
third 8:24 20:14
24:9
THOMAS 10:3, 4
28:6 41:12 48:23
49:11, 13 54:14, 17
57:18, 20 63:2, 11,
15 65:1 106:4
113:3, 15 114:3, 7,
9, 13, 17 115:1, 3, 9,
14,17,24 116:7, 21,
24 119:20 120:1,
14,21 121:1, 7, 12,
21 122:6, 10, 14
123:3, 7 124:6, 14,
19 125:4 127:7, 14,
18 128:3, 7, 12, 15,
18, 22 129:1, 6, 15,
21, 25 130:7, 20, 24
131:10, 18, 21
132:3, 11, 18, 22, 24
134:5, 7, 10, 13
135:10, 14 136:1,
18, 23 140:13
143:14, 20 147:2, 8,
12 148:23 150:18
154:9 160:25
161:4, 13, 15, 20
163:14 164:22
165:9, 21 166:3, 9,
12, 18 167:3
168:10, 14, 17
174:9, 18 175:5
177:21 178:4
179:11 180:20
181:15 182:1, 4, 24
183:2 184:15
191:20 192:5, 10,
14, 19 193:8, 12
195:6, 13, 17
thought 61:2
85:14 88:21 99:20,
22 103:16 138:2
146:15 194:16
thousand 82:3
Thousands 92:13
three 3:20 7:7
8:7 22:12 24:5
38:10, 11 95:25
101:4 135:6
138:23 187:21
threshold 4:3, 19,
21 6:12 7:22 8:9
12:5,5,6,10,20,23
13:4, 8, 13, 14, 22
14:3 26:13 33:21
34:2, 10 35:1, 23
36:6 40:12, 19
47:24 49:25 50:6,
17 51:1 53:10
58:10 59:7 60:5
61:13, 17, 22 79:22,
24 89:12, 13, 13
106:8, 9, 17, 20, 21,
22,23 107:1,3,5
115:11, 14, 16
121:23 122:21, 24
123:4, 12, 15
157:23
Agren Blando Court Reporting & Video, Inc.
30
thresholds 28:15
35:10 36:5
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through -put 130:8
throw 137:6
151:19 168:23
171:15
throwing 186:12
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tied 193:2
tight 101:3
tighter 90:8
till 120:24
time 3:8 7:3
13:11 19:13 20:5
21:25 24:22 27:23
31:9 32:18 33:6,
7, 10 36:21 42:7
46:12, 23 48:4
49:24, 25 50:1, 2
52:23 54:4 55:4, 5
56:16, 19 59:24, 25,
25 60:1, 7 61:20
66:13, 25 68:3
69:5 70:8 73:4
75:14 76:8 78:11,
25 79:15, 22 80:2,
7,11,14,16 81:5
84:11, 20 85:1
87:20 88:4, 8
89:20 90:8 94:8
99:25 100:5, 25
102:5 103:1 110:5
112:22 116:1
120:13 122:5
125:21 126:13, 14,
16, 24 128:5 131:7
133:11, 15, 22
134:17, 18 136:7,
10 144:5 145:13
151:20 156:9
157:10 158:9
159:23 161:14
162:21 172:16
173:3, 20 174:2
176:4 177:2, 7
178:8, 11 181:23
183:10 184:9
185:2 186:16
187:20, 23 188:16,
18 189:6 197:4, 7
198:10
timeframe 8:20
91:1 121:19 122:9
123:21
timeline 4:10
98:16 101:3
timely 99:1, 2
times 12:15 13:3,
4, 8 22:12 30:25
34:23, 23 36:22
38:23 46:20 54:2
71:22 77:6, 13
79:25 80:6 87:13
91:16 98:22
127:10 135:6
144:25 145:1
151:11, 12 164:15
177:2
timing 127:16
131:8 175:25
TINA 2:1
tired 98:8
tirelessly 160:5
Title 169:3
today 3:2, 9 65:18,
18 79:15, 19 98:17
101:21 103:10, 22
104:2, 19 112:22
137:10 140:2, 9
143:1, 4 146:22
147:6 155:25
156:2, 15 159:3
170:5 175:10
187:25
today's 137:15
139:20
tody 138:8
told 77:23 78:1
93:15 95:22 97:4,
24 98:3 103:12, 22
114:9 123:3, 5
145:10 148:1
150:9, 13 170:8
175:20 194:8
tomorrow 154:17
top 15:4, 9 17:17
118:5 123:13
130:2 133:21
163:24
tops 172:14
total 4:15 6:20
7:13 39:11, 12
67:23 140:11
191:11
touch 95:16
tough 69:5 75:15
79:16
tour 24:5
tours 24:4 25:17
town 70:21 78:23,
24 79:1 84:1, 3
146:23
toxic 26:10 27:12
toxicity 24:12
26:7,11,13 27:1,8
toxicologist 25:25
26:24 27:2, 10, 11
28:14
toxicology 26:1
trained 136:13
training 65:12
transcriber 198:6
transcript 198:8, 10
transient 123:18
144:8, 15, 21, 23
146:2
transition 133:7
136:8
translate 36:3
transmission 30:12
transparency 123:8
159:11 160:9
transparent 60:16
69:24 74:9 137:14
152:9
transpired 91:9
trash 23:7 117:24
travel 30:11 32:6
44:17 69:14
traveling 88:10
treat 17:11 18:6,
17 19:22 95:3
113:5
treated 17:2
113:10 120:17
treatment 18:4
71:8 94:24 113:18
130:17 151:8, 15
treatments 131:5
tree 117:1
tried 37:8 82:12
102:17
Trinity 12:25 27:4,
5, 14 28:25 57:24
58:6 79:20 86:17
89:25 95:18
106:10, 13 116:8
123:11 145:6
Tri-State 108:22
truck 119:21, 21, 23
trucking 108:21
trucks 19:7, 11
77:10 120:3, 4
true 125:23
trust 53:16 96:11
155:13
trusting 152:7, 10
trustworthy 158:5
try 9:12 10:22
31:5, 6 37:9 39:22
46:1, 22 83:1
101:3 105:15
158:7, 10 184:21,
22 187:24
trying 22:9 31:13,
14, 15 41:14 64:15
68:12 69:23 74:3,
18 89:25 90:22
92:23 96:10
102:12, 15, 18, 18
108:9 124:24
142:12, 16 146:10
147:20, 25 148:7
155:8 158:6 164:5,
20 179:12 184:20
188:10 189:8
191:3 193:23
196:17
is 108:7
tuning 133:25
turn 108:8 125:19
183:12
turned 84:14
turnkey 18:13
turns 62:14 135:6
tweaks 154:1
twice 80:10 172:16
two 7:25 12:2, 12
13:12, 14 24:6, 19,
25 44:2, 3 46:6
48:19 51:2 52:13,
17 53:1 61:12
69:10, 15 72:21
74:13 76:11 86:15
87:1, 21 88:22
89:10 95:25 96:21
116:14 118:1, 11,
12 135:5 145:8
150:23 169:25
170:14 171:23, 25
172:4,22 173:12
175:22 176:22,24
177:2, 24 178:1
181:23 188:16
191:10 193:2
196:25 197:3, 5
two-week 100:3
Tyler 146:11
type 55:20 86:5
89:18 98:23
typed 198:6
types 116:9 182:12
typical 20:20
37:24 46:5 52:22
89:3 118:8 135:20,
24
typically 44:7
46:10 47:1 51:23
68:24
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U.S 109:4
Agren Blando Court Reporting & Video, Inc.
31
Uh-huh 72:12
121:1 124:18
130:6 166:9
ultimately 117:3
unable 70:10
uncovered 19:14
underground
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164:6
underlying 145:22
understand 30:17
59:3, 5, 17, 24 62:6
69:4 80:1 81:19
92:4, 19 107:6
110:15 119:17
124:6 140:10
142:2 148:12
149:9 150:6 153:6
158:22 165:14
172:11 173:16
174:22, 24 175:7, 8
176:12 179:1, 18
181:10, 12 186:9
193:7
understanding
14:25 21:5 27:23
59:17 162:23
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113:19 136:8
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87:19
Unfortunately
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UNIDENTIFIED
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177:8
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United 94:14 141:5
University 81:9
83:17
unload 19:7, 11, 12
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unloading 113:9
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update 4:11, 12
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167:24
updates 21:11, 12
23:13 60:9 93:14,
16
upgrading 15:20
upper 41:25
UPS 109:6
upwards 183:10
upwind 32:20
33:1,3,10,11,20
34:12, 13 38:16
50:2 52:10 124:12
USA 108:22
USE 1:1 3:5 8:12
11:2, 3 16:2, 3, 20
18:5, 10 23:11, 18
25:2 28:10 51:13
58:5 61:23 62:15
63:18,21,21,22
93:10 96:15, 17
99:11 102:2, 3, 6
151:22 156:8
175:1,2,4
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USO 180:9
USR 6:12 7:22
8:10 10:9 138:5
160:17 173:16
USR-1704 1:1
USR-17-04 3:6
USR's 186:1
utilize 195:18
<V>
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valuable 167:10
value 77:14
valued 70:7
values 23:4
varied 31:6
variety 56:5
various 36:21
vary 26:13
vegetables 37:18
vehicle 124:8
vendor 16:18
vented 15:9 144:5
ventilate 15:8
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119:15
ventilation 15:7
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144:17
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130:2, 11, 12
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versus 37:22 38:17
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view 33:5 40:22
42:14 55:23
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violation 8:9
71:17 87:10 90:9
91:7, 11 93:18
97:3, 9 100:10, 10
115:6 122:1,22
136:2 151:16
173:18 188:6, 7, 7
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visible 42:2 43:7
48:3 133:20
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34:22 35:4
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40:23 136:23
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128:8, 9 182:13
volatize 15:12
volume 17:22
110:12 118:25
119:4, 7 121:8
127:22 130:4, 8
144:4
voluntarily 181:12
volunteers 81:11
vote 150:9 159:6
voted 159:15
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154:24 157:10
172:4 174:8 187:5
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wake 76:4 83:23
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walk 153:14
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walking 24:10
124:9
walk -out 88:1
WALTERS 65:23, 25
66:7, 9, 9 67:4, 9,
12,16 72:12, 15, 17,
20, 25 73:3, 11, 18,
25 74:2, 21 75:3, 8,
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42:5 45:20, 22
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65:10 78:5, 8, 10
79:10 82:24 88:18
92:5 95:16 98:7
100:7 112:6 117:2
142:9 145:8, 16
148:24 149:17
151:19 153:7
158:20, 25 159:8,
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171:10, 11 174:9
176:14 177:1
178:21 182:14, 17
183:6, 7, 17, 18
184:12, 16 190:2, 3,
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193:14, 16, 19, 20
194:4, 12, 13
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43:24 57:8 67:11
77:15 88:12 95:4,
8, 18 96:4 135:18
137:6, 19 140:11
146:23 147:6
155:5 184:13
190:16 191:17
192:20
wants 149:12
warm 68:8 76:16
WASTE 1:1, 1 11:1,
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114:4, 23 116:13
151:7, 15 153:3
155:16 161:11
169:3, 21, 23 170:4
172:6, 25 173:19
175:10 178:12
183:22 184:24
185:1 188:23
189:3, 22 194:18
195:11 196:3, 7, 22,
23
wastes 19:4
116:25
watch 37:8
watching 41:15
water 11:4 14:16
16:15, 22 71:8
77:11 109:7
113:18 118:8
151:7, 15
watering 6:2
wave 144:25
waves 87:14
way 5:5 17:9
29:18 32:22, 23, 24,
25 44:8 51:16
57:12, 13 64:6
68:21 70:14 86:9
98:8, 21 99:10
103:4 111:21
113:14 121:22
144:23 146:6
154:17 155:10
156:11, 13 157:15
160:19 164:22
166:18 187:9
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Agren Bland() Court Reporting & Video, Inc.
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Agren Blando Court Reporting & Video, Inc.
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zooming 41:24
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