HomeMy WebLinkAbout790396 Weld
`}p, / /T/, BOARD OF HEALTH
f 1r eld County / [ealth {/apartment DAVID WERKING DDS. Greeley
FRANKLIN D. YODER. MD, MPH WILLIAM SLICK. Poggen
Director 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley
GREELEY, COLORADO 80631 A M DOMINGUEZ. JR JD Greeley
ANNETTE M LOPEZ. Greeley
(303)353.0540 FRANK MYERS. M.P.H . Windsor
HERSC-NEL PHELPS. JR M D
Greeley
8 March 1979 KATHLEEN SHAUGHNESSY.YHN. Ault
ARTHUR G. WATSON. Platteville
TO: -Board of County Commissioners
Reyressntative Walter A. Younglund
Tom David, Weld County Attorney
David Werking, DDS, Chairman, Weld Co my Board of Health
FROM: Franklin D. Yoder, M.D.
SUBJECT: Request of Colorado Air Po lution Co trol Commission to
Governor Lamm for immediate ressati n of 3tolanda Feeds Inc. operation.
Enclosed are materials -from -Alfred T. Whatley, Chairman, Colorado
Air -Pollution Control Commission, correspondence with the Rolanda
Feeds _Inc. and Record Findings of Fact of the Commission. Because
of your interest in this matter, we thought you would wish to study.
We will keep you advised.
FDY/hv
Enclosures
cc: John Hall, Director, Environmental Health Services
Ron Stow, Supervisor, Environmental Health Services
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790396
• � �A&� POLLUTION CONTROL C®MZVIZSSi®N
COI.OUAI)O DV.PAID WWI OF III AITII 4718 IAS1 1181 AVINIII • IILNVIII, COLOtIAll0 80220
March 1 , 1979
The honorable Richard I). Lamm
Governor of the State of Colorado
Suite Capitol Building
Denver, Colorado 80203
Dear Governor Laeun:
THROUGH: Frank A, Traylor, I\1. I).
The Colorado Air Pollution Control Commission took aclion to affirm the
decision of the Air Pollution Control Division to revoke the emission permit
of Holand;t Feeds, Die. , a chicken manure processing plant operating in
weld County, Colorado.
As you know, all final orders of the Commission are subject to judicial re-
view and during the time the judicial review is under consideration, the
final order of the Conimis..ion is stayed.
We find this situation, in respect to Hot:tnila Feeds, Inc. , to be intolerable,
and thus are asking you to explore any amid all moans by which an exercise -
of your power and authority could result in the immediate cessation of this
operation.
Dor your information, I have enclosed a copy of a letter addressed to
Mr. Alan Verson, Regional Administrator of the U. S. Environmental Pro-
tection Agency asking for their assistance and a copy of the Findings of Fact,
Conclusions of Law, and Decision and Order of the Air Pollution Control
Commission.
Your attention to this matter will be greatly appreciated,
Sincerely,
•
• ( i<14-e;
Alfred T. Whatley
Chairman
c(• : Representative Youeglund
f �
MR POLLUTION CONTROL COMMISSION
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220
March 5, 1979
1\4r. Alan Merson, Administrator
U . S. Environmental Protection Agency
Region Vitt
11180 Lincoln Street
Denver, Colorado 80203
Dear Mr. Merson:
Re: Rolanda Feeds, Inc.
The purpose of this letter is to seek your personal assistance and the full
force of federal enforcement with regard to the above air pollution source
which presently operates in Weld County Colorado and which has been
found in violation of the terms and conditions of its emission permit.
The emission permit under which Rolanda Feeds, Inc. operates (No. C- 11, 238)
was revoked by the Air Pollution Control Division and the Air Pollution
Control Commission has affirmed this revocation following a conference on
January 25. 1979 and a hearing of February 15, 1979 as provided for by •
Colorado law.
As you know, final orders of the Commission are subject to judicial review
as ,provided by C. R. S. 1973, 25-7-117 and Article 4 of Title 24, C. R. S.
1973, and during the period of judicial review, final orders of the Commis-
sion are stayed.
The situation is intolerable in its present state. The operation of Rolanda
Feeds, tnc. , in violation of its emission permit, has been shown by testi-
mony at the above listed conference and hearing to, at times, obstruct
visibility in the Iludson-Kcenesburg area; adversely impact the health of
some residents of the area resulting in symptoms which include nausea, •
vomiting, headaches, muscle tightness, and incoherence, and in some •
eases, triggers allergic reactions which temporarily, partially or totally,
disable the victims from performing routing activities such as working or
caring for one's family.
I,
,i
Alvr I\1erson
March 1 , 1979
Page
Yet, in spite of these severe nuurifr•statious, the FLite is linable to lake
•
direct action during the time the Commission's order is under judicial
review. it is my hope that the U. S. Environmental Protection Agency
would have the necessary authority to cilhcr iu•ing about the immediate
cessation of this operation, or at the very least, have R.olandasubject
to the larger fines as provided in federal law if violations continue.
I am enclosing for your information, the Findings of (Pact, Conclusions
of Law, and Decision and Order of the Air Pollution Control Commission
which was signed by me on March 1, 1979. It look forward to your positive
response to this request.
Sincerely, /
/��-E
Alfred T. AWhalley
Chairman
A'1'\V':Ijo
cc: Cab Baldwin, USE1'A
Irani. A. Traylor, M. D.
:\1'C Division
Representative Younglund
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ti
AIR POLLUTION CONTROL COMMISSION
u19
COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220
March 1, 1979
Mr. Stanley L. Stolte
Registered Agent of Service of Process
for Rolanda Feeds, Inc.
P. O. Box 797
502 Weld County Road 31
Brighton, Colorado 80601
Dear Mr. Stolte:
Re: February 15, 1979 Public Hearing Before the Air Pollution Control
Commission; Revocation of Emission Permit No. C-11, 328
You are hereby NOTIFIED that the Colorado Air Pollution Control Com-
mission at the public hearing held on February 15, 1979, having found,
on the basis of evidence then presented, that Rolanda Feeds, Inc. has
repeatedly violated the terms and conditions of its emission permit No.
C-11, 328, voted (1) to affirm the decision of the Air Pollution Control
Division of the Colorado Department of Health to revoke said emission
permit under which Rolanda Feeds, Inc. is operating and (2) to finally
revoke said emission permit No. C-11, 328.
Your attention is directed to the attached "Findings of Fact, Conclusions
of Law, and Decision and Order, " which is the formal administrative order
of the Commission. It contains a statement of the factual findings of the
Commission based on the evidence presented at the February 15, 1979
public hearing; a statement of the legal basis for the Commission's action;
and the decision and order of the Commission, which directs Rolanda
Feeds, Inc. , to cease operation of its poultry waste drying operations and
to forthwith surrender permit No. C--11, 328 to the Air Pollution Control
Division of the Colorado Department of Health.
Continued operation at the Rolanda Feeds, Inc. facility resulting in any
emission of air contaminants without a valid emission permit is prohibited
by C. R. S. 1973, 25-7-112(4).
You are further NOTIFIED that pursuant to C. R. S. 1973, 25-7-112(4)(g),
the order of the Commission becomes final upon the date of issuance.
Final orders of the Commission are subject, however, to judicial review
in accord with the C. R. S. 1973, 25-7-117 and Article 4 of Title 24,
Mr. Stanley I . Stolle
March 1, 1979
Page 2
C. R. S. 1973. Any proceeding for judicial review must be filed in the
District court for the district in which the affected air contamination
source is located and shall be filed within twenty (20) days after the date
of the final order.
Sincerely,16 •
Pose Palomba, Jr.
Technical Secretary
JPJr:ljo
cc: Wm. Auberle
Air Pollution Control Division
Hubert Farbes
Lawrence De Claire
F. D. Yoder, Weld County
Anthony Zarlengo
Cab Baldwin, USEPA
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