HomeMy WebLinkAbout20161045.tiff : q COLORADO
, —. Department of Public
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Dedicated to protecting and improving the health and environment of the people of Colorado
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March 7, 2016
RECEIVED
Board of County Commissioners
Weld County MAR 1 4 2016
11 O Street
PO Box 758 WELD COUNTY
Greeley, CO 80632 COMMISSIONERS
Re: Recommendation of Approval with Conditions
Application for Certificate of Designation
Buffalo Ridge Energy Services Facility
SW/WLD/BRE 2.1
Members of the Board,
On December 5, 2014, the Colorado Department of Public Health and Environment, Hazardous
Materials and Waste Management Division (Division), received from Weld County, Colorado, an
official referral notification, dated December 4, 2014, requesting the Division's review of an
Application for a Certificate of Designation (CD) (Application) for a proposed new exploration and
production (EEtP) waste treatment and disposal facility in Keenesburg, Colorado. Included in the
Application is an Engineering Design and Operations Plan (EDOP) (Ver. 1) prepared by CDM Smith, and
dated October 23, 2014. The proposed Buffalo Ridge Energy Services Facility (Facility) will occupy an
area directly adjacent to Waste Management's existing Buffalo Ridge Landfill. Certain wastes, once
treated, are planned to be disposed of at the Buffalo Ridge Landfill. The Facility intends to accept
Technologically Enhanced Radioactive Materials (TENORM) for treatment. Prior to beginning
acceptance of TENORM the EDOP states that a risk assessment for public exposure will be developed,
submitted for review to the Division and WCDPHE, and approved. The EDOP will then be revised
accordingly based on the limits provided by the risk assessment.
The Division reviewed the Application to determine its compliance with the requirements set forth in
the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, parts 1 and 10 (Solid Waste Act)
of the Colorado Revised Statues (CRS), as amended, and with the regulations promulgated there
under: the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2, Part 1 (Solid
Waste Regulations). In accordance with the Solid Waste Statute, CRS 30-20-103 (2), a Completeness
Review of the Application was performed within thirty (30) days of receipt. The Division issued
written determination on January 5, 2015 that the Application was complete. It was not the intent
or purpose of this Completeness Review to imply anything concerning the final approval of the
Application.
On March 12, 2015, the Division published a notice in the North Weld Herald requesting written
public comments on the proposed Buffalo Ridge Energy Services Facility. The public comment period
ended on April 4, 2015, and the Division received no comments.
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Board of County Commissioners
Recommendation for Approval with Conditions
Application for Certificate of Designation
Buffalo Ridge Energy Services Facility
March 7, 2016
Page 2
In accordance with the Solid Waste Statute, CRS 30-20-103 (2), a technical evaluation of the
Application was required after the Completeness Review had been conducted, The Division
conducted a comprehensive technical evaluation, and on May 5, 2015, the Division submitted
technical review comments to the Facility. These comments were developed in coordination with
the Weld County Department of Public Health and Environment (WCDPHE).
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On May 26, 2015, the Division and WCDPHE met with the Facility to discuss proposed comment
responses and dopueentt visions.
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On September 28, 2015, the Division received a comment response document with suggested changes
to the EDOP.
On October 29, 2015, the Division met with the Facility to discuss the comment response letter. New
comments based on the proposals in the comment letter were provided to the Facility by the
Division.
On January 4,.2016, the Division received a revised EDOP (Ver. 2) that included changes from the
comment response document as welt as suggested edits from the October 29, 2015 meeting.
It is the determination of the Division that the Buffalo Ridge Energy Services Facility can comply with
technical, environmental, and public health standards of the Solid Waste Act and the Solid Waste
Regulations if the Facility is monitored and operated as stated in the CD Application and with the
Division's conditions of recommendation as stated below in this letter. Based on our review and
determination, the Division recommends, with conditions, that the Buffalo Ridge Energy Services
Facility may be approved by Weld County based on these and any local criteria. The final revised
Buffalo Ridge Energy Services Facility Application including the final revised EDOP (Ver. 2) and final
resolution containing the CD must be placed in the Facility's operating record. In addition to the
conditions listed below, please note that the Buffalo Ridge Energy Services Facility must comply with
the public health and environmental laws, standards, and regulations of the Department and all
other applicable state, federal, and local rules, and ordinances. Our recommendation for approval
of the Application including the final revised EDOP (Ver. 2) has the following conditions that must be
incorporated into the CD if issued by Weld County:
1. The EDOP provides only a conceptual level of detail for engineered features at the Facility.
The Facility has provided this limited level of detail due to business development constraints.
Due to this the Division can only provide approval of the Facility design at a conceptual level.
We understand that a phased build-out of the Facility is a possibility depending on market
conditions. Ninety days (90) prior to beginning construction of each phase, the Facility must
provide to the Division and WCDPHE for review and approval comprehensive and constructible
designs for all engineering controls to be constructed during that phase. Additionally the
construction quality assurance plan covering all specifications, quality assurance testing, and
related procedures must be included in the design for each phase. The Facility may not begin
construction on any phase until such designs are approved, and may not begin accepting
waste into that part of the Facility until the construction quality report has been approved by
the Division and WCDPHE.
4300 Cherry Creek Drive S., Denver,CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe C D:
H
John W. Hickenlooper, Governor I Larry Wolk,MD,MSPH, Executive Director and Chief Medical Officer CO =%:-'
Board of County Commissioners
Recommendation for Approval with Conditions
Application for Certificate of Designation
Buffalo Ridge Energy Services Facility
March 7, 2016
Page 3
2. Based on the conceptual design found in the EDOP, the Facility is proposing to use a
conditional groundwater monitoring system that will only be activated if liquid from
operations at the site is found in the leak detection system. The current conditional
groundwater monitoring plan does not provide an adequate level of detail to meet the
requirements of Appendix B of the Solid Waste Regulations. The Division requires that the
Facility revise and resubmit for review and approval the conditional groundwater monitoring
plan within forty five (45) days of confirmation that the leak detection monitoring system has
captured liquid from facility operations, to include the following:
a. Provide the locations to install groundwater monitoring wells hydraulically
downgradient from the operational area that triggered the conditional groundwater
monitoring plan. These groundwater wells must be completed in a manner that
adequately allows for sampling of the uppermost groundwater bearing zone. Well
completion logs must be submitted to the Division.
b. The Facility must collect a minimum of four (4) background samples in the new
well(s). Once background data has been collected the Facility must specify statistical
methods to be used in evaluating groundwater monitoring data in accordance with
Appendix B, Section B3 (G) of the Solid Waste Regulations.
c. The Facility will use the statistical evaluation methodology chosen above to follow the
Detection Monitoring and Assessment Monitoring requirements found in Appendix B,
Sections B4 and B5 respectively. The Facility may use the groundwater sample
parameters found in the conditional groundwater monitoring plan for Detection
Monitoring.
d. Detection monitoring will be required to be performed no less then semi-annually for
as long as liquid from site operations is present in the leak detection system. The
Facility may propose a reduction in groundwater sampling frequency if the leak
detection system is dry and evidence can be provided that no impacts to groundwater
have occurred.
e. The Facility shall install or identify a previously existing upgradient or cross-gradient
well(s) for use in groundwater evaluation and comparative analysis. Additionally the
Facility shall have a minimum of 3 wells or piezometers that can be used for
groundwater level measurement during sampling events in order to determine
groundwater elevation, flow direction, and gradients.
f. If impacts to groundwater occur at the Facility, a post-closure plan must be developed
and submitted to the Division and WCDPHE for review and approval. Once approved,
the post-closure plan shall be implemented after closure activities have occurred.
Impacts to groundwater may necessitate the need for a site-wide Environmental
Covenant.
CDPHE
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor I Larry Wolk,MD,MSPH, Executive Director and Chief Medical Officer CO Q
Board of County Commissioners .�
Recommendation for Approval with Conditions
Application for Certificate of Designation
Buffalo Ridge Energy Services Facility
March 7, 2016
Page 4 •
3. Financial Assurance as defined by Section 1.8 of the Solid Waste Regulations must be received
and approved by the Division prior to the Facility accepting waste. The Division will consult
with Weld County prior to approving the Facility's Financial Assurance.
Should you have any questions addressing the determinations herein please contact Jace Driver at
(303) 691-4059 or by email at Jace.Driver@state.co.us.
Sincerely,
Jace Driver rry Henderson
Solid Waste Permitting Unit Solid Waste Permitting Unit Leader
Solid Waste and Materials Management Program Solid Waste and Materials Management Program
Hazardous Materials Waste Management Division Hazardous Materials Waste Management Division
cc: Chris Gathman - Weld County Planning
Tom Schwietzer - Waste Management
Jason Chan - Waste Management
Ben Frissell - WCDPHE
ec: Doug Ikenberry - HMWMD
•
4300 Cherry Creek Drive S., Denver,CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe C D P H E
John W.Hickenlooper,Governor I Larry Wolk,MD,MSPH,Executive Director and Chief Medical Officer CO
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