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RE: ACTION OF BOARD AT 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
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on July 11, 2016, a Probable Cause Hearing was conducted to consider
revocation of a Minor Amendment, MUSR14-0030, to a Site Specific Development Plan 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, issued to Heartland Biogas, LLC, 15445 Innovative Drive, San Diego, CA 92128, and
WHEREAS, on September 19, 2016, a Show Cause Hearing was conducted to consider
revocation of a Minor Amendment, MUSR14-0030, to a Site Specific Development Plan 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, issued to Heartland Biogas, LLC, 15445 Innovative Drive, San Diego, CA 92128, and
WHEREAS, Heartland Biogas, LLC is the current owner of the facility located on property
being further described as follows:
Part of the SE1/4 of Section 25, Township 4 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing of September 19, 2016, after taking into consideration all
testimony and evidence presented, the Board deemed it advisable to continue the matter, with
conditions, to November 14, 2016, at the hour of 9:00 a.m., to allow Heartland Biogas, LLC, an
opportunity to receive and review bids related to mitigation solutions and have a minimum of two
(2) community meetings. The conditions regarding the continuance as agreed upon by the Board
are as follows: limit gas production to 60%, limit organic material received to the current amount,
and have a minimum of two (2) community meetings with proper notice given.
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2016-2842
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SHOW CAUSE HEARING (MUSR14-0030 AND USR-1704) - HEARTLAND BIOGAS, LLC
PAGE 2
WHEREAS, at the hearing on November 14, 2016, the Board heard additional testimony
stating the Colorado Department of Public Health and Environment notified Weld County that
Heartland Biogas, LLC, was operating without a Certificate of Designation ("CD") due to the fact
that the original CD was granted to Heartland Renewable Energy, and
WHEREAS, a solid waste facility such as that operated by Heartland Biogas, LLC, is
required to operate with a valid Certificate of Designation pursuant to C.R.S. 30-20-101 et seq.,
Colorado Code of Regulations 1007-2:1 et seq., and pursuant to various provisions of the Weld
County Code, and evidence was presented these conditions have not been complied with,
specifically, review of the financial assurance by the county and other factors, and
WHEREAS, evidence was presented and the following findings of fact were made that
Heartland Biogas, LLC, may be in violation of various Development Standards of Use by Special
Review Permit, USR-1704, and MUSR14-0030 as follows:
6. The property owner or operator shall comply with the applicable sections of the regulations
pertaining to the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and be
constructed, operated, and monitored as detailed in the application materials and Conditions
detailed in the Engineering Design and Operations Plan approval letter, dated April 7, 2010,
from the Colorado Department of Public Health and Environment (CDPHE) in conjunction with
the application materials and Conditions detailed in the Digester Processing System
Engineering Design and Operation Plan Addendum approval letter, dated December 18,
2014, from the CDPHE.
Evidence was presented that Heartland Biogas was in violation of the EDOP and the Solid
Waste Regulations due to various aspects of the operation including, but not limited to,
fencing, signage, enclosure of buildings, dust, garbage blowing, odor levels, and odor
mitigation measures such as scrubbers, as well as access to the facility, security at the facility,
to include potential secure ID card entrance as required. In addition, evidence was presented
that waste was being stored on site which may be a contradiction of the MUSR permit,
specifically unenclosed or covered storage of waste streams. Further, evidence was
presented that the odor management plan requires odor mitigation measures to be taken to
control offsite nuisance conditions, and that nuisance conditions are present, including odor,
and not being mitigated. Additionally, evidence was presented that the offloading of material
was not being done in an enclosed building, storage pits were not covered, and waste streams
were not being offloaded via a hose. Further, the storage of waste streams at the DPS system
as documented in photographs. Additionally, evidence was presented that incoming waste
was not being limited or removed in compliance with the odor management mitigation plan.
10. The property owner or facility operator shall notify the Weld County Department of Public
Health and Environment, Department of Planning Services, and the Colorado Department of
Public Health and Environment in the event of any deviations from, or proposed changes to,
the facilities Engineering Design and Operations Plan.
Evidence presented indicated modified EDOP plans that are inconsistent with the originally
granted CD, to include, but not limited to, the need for any bio-filtration systems or odor
mitigation measures, and that Weld County was not notified of these modifications.
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16. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall comply with their approved particulate emissions control plan.
The photographs of milk jugs, testimony of dust and blowing debris, as well as testimony
regarding neighbors having to pick up garbage along their property lines indicates that this
standard is being violated.
17. The facility shall operate in compliance with applicable Colorado Air Quality Control
Regulations and comply with any permits issued by the Air Pollution Control Division.
Heartland Biogas, LLC, has entered into a Consent Agreement with the Colorado Air Quality
Control Division regarding its air quality, and inspections indicate that the Permits issued by
the state may be inadequate. Further, the issue was raised regarding whether the Operations
and Maintenance Plan related to the air quality has been fully complied with, specifically with
regard to the air quality permit issued January 20, 2016, which states that compliance with
the Operation and Maintenance Plan shall commence upon startup of the anaerobic digester.
18. Exhaust removal systems shall be installed when necessary for enclosed areas and dust
producing processes and equipment. Visible stack emissions from exhaust removal, material
processing, and any combustion source shall not exceed 20% capacity (measured in
accordance with EPA Reference Method 9). There shall be no visible emissions from any
building openings (measured in accordance with EPA Reference Method 22).
Photographs and testimony demonstrating visible stack emissions were submitted indicating
an opaque emission emanating from the facility.
21. In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor
detected off -site shall not exceed the level of seven -to -one (7:1) dilution threshold.
On April 27, 2016, Phil Brewer of the Weld County Department of Public Health, a certified
odor evaluator registered an exceedance of greater than seven -to -one (7:1) dilution threshold.
30. Waste materials, not specifically addressed by other Development Standards, shall be
handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and
other potential nuisance conditions.
The photographs of milk jugs, testimony and photographs of dust and blowing debris as well
as testimony regarding neighbors having to pick up garbage along their property lines
indicates that this standard is being violated. Further, evidence has been presented that
potential nuisance conditions exist with regard to odor caused by the facility creating a
nuisance off the facility's property.
34. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
Evidence was presented that the facility is operating without a valid CD, specifically as detailed
in letter from the State on November 8, 2016, and due to the fact that the owner of the facility
has changed since the original CD was granted; evidence was presented that the facility is
potentially operating outside the bounds of its approved Engineering Design and Operation
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Plans (EDOP), which are conditions of the USR Permit; evidence was presented that the
facility is possibly in violation of the State regulations regarding operation of a solid waste
facility, specifically, the fencing requirements for the facility, signage requirements relating to
clearly indicating what waste is accepted and traffic control and emergency contact
information, security and access to the facility, the method of unloading material at the facility,
the coverage/enclosure of the unloading docks at the facility, and the coverage/enclosure of
various aspects of the facility including, the manure storage and storage of waste outside, as
evidenced by photographs presented; evidence was presented that the facility potentially has
not complied with the terms of the Weld County Code for the permitting of a Solid Waste
Facility; additionally, the modification in the number of gallons of waste stored, the height and
number of the storage tanks, compliance with the state solid waste regulations relating to
control of nuisance conditions, relating to odors, noise, dust, and windblown debris.
42. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
As noted above, this facility has been operated without a valid CD, and potentially in violation
of the air quality standards as listed above and Weld County Code Section 23-2-250(b).
45. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
As outlined above, potential violations may exist based on the above listed factual allegations
and standards.
WHEREAS, probable cause exists based on the Findings of Fact and evidence listed
above for potential violations of the Use by Special Review Permit granted to Heartland, and
WHEREAS, on November 14, 2016, after taking into consideration all new testimony and
information, the Board deemed it advisable to schedule the matter for Wednesday, December 21,
2016, at the hour of 9:00 a.m., to allow for public notice of the aforementioned additional violations
leading to further recommendations at the future Show Cause Hearing, as set forth, and
WHEREAS, on November 16, 2016, the Board reconsidered the matter and rescheduled
the hearing for Monday, December 19, 2016, at 9:00 a.m., to accommodate a scheduling conflict
recognized by the applicant and the Board of Commissioners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that there is adequate cause, as outlined in the above resolution and at the
aforementioned hearings, concerning Minor Amendment, MUSR14-0030, and Use by Special
Review Permit, USR-1704, issued to Heartland Biogas, LLC, as well as the Certificate of
Designation issued to Heartland Renewable Energy in 2010, and said permit and Certificate of
Designation be, and hereby are, to be further investigated at the scheduled Show Cause Hearing
on December 19, 2016, in respect of additional violations including State regulations related to
solid waste disposal sites, the validity of the Certificate of Designation, and various Development
Standards and conditions of the MUSR and USR Permits as listed herein, and giving adequate
time to notice the public.
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SHOW CAUSE HEARING (MUSR14-0030 AND USR-1704) - HEARTLAND BIOGAS, LLC
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BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, to keep in place the conditions, as approved at the September 19, 2016, hearing, as
follows: limit gas production to 60%, limit organic material received to the current amount, and
schedule expected community meetings with proper notice given.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dittiv jeid,#41
Mike Freeman, Chair
Weld County Clerk to the Board �?
APP ,,ce
County Attorney
Date of signature: i W13/ I ro
Steve Moreno
2016-2842
PL2072
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