HomeMy WebLinkAbout20163804.tiffEXHIBIT INVENTORY CONTROL SHEET
Case PCSC16-0004 - HEARTLAND BIOGAS, LLC
Exhibit Submitted By Description
A. Planning Services PowerPoint Presentation
B. Jessica McKeown Email of Opposition, dated 9/16/2016
C. Applicant PowerPoint Presentation
Weld County Citizens for
D. Clean Air PowerPoint Presentation
E. Ken and Kathy Hoyland Email of Opposition, dated 9/20/2016
F. SPO Vicinity Ownership Map
G. Ken and Kathy Hoyland Email re: Odor w info hyperlinks, dated10/17/2016
H. James Welch Email re: Odor, dated 10/17/2016
I. Amy Buckridge Email re: Odor, dated 11/3/2016
J. Patricia O'Connell Email re: Odor, dated 10/27/2016
K. Ken and Kathy Hoyland Email re: Odor, dated 11/5/2016
L. Todd Amen Email re: Odor, light, traffic, dated 11/8/2016
M. Chris Gathman Updated PowerPoint Presentation
N. James Welch Email re: Odor, dated 9/20/2016
O. Deb Morris Email re: Odor, dated 9/21/2016
P. Miranda Arens Email re: Odor, dated 11/14/2016
Q. Chris Bennett Email re: Odor, dated 11/14/2016
Russ Justice & Julie
R. Reynolds Email re: Odor, dated 11/14/2016
S. Tim & Jackie Nelson Email re: Odor, dated 11/14/2016
T. Patricia O'Connell Email re: Odor, dated 11/14/2016
U. Sharon Welch PowerPoint Presentation
V. James Welch PowerPoint Presentation
W. Applicant PowerPoint Presentation
X. James Welch
Binder of Documentation 11/14/2016
Y. Rena Arens
Z. James Welch
AA. James Welch
Email Odor Report 11/16/2016
Email Request 11/16/2016
Email 11/16/2016
AB. Chris Bennett
AC. Rena Arens
AD. Miranda Arens
AE. Chris Bennett
AF. Kathy Hoyland
AG. Rena Arens
AH. Kathy Hoyland
Al. James Welch
AJ. Kathy Hoyland
Email Odor Report 11/16/2016
Email Odor Report 11/17/2016
Email Odor Report 11/27/2016
Email Odor Report 11/27/2016
Email Odor Report 11/27/2016
Email Odor Report 11/27/2016
Email and Photos Substrate Tank Overflow 11/28/2016
Email and Photos Substrate Tank Overflow 11/28/2016
Email Odor Report 11/28/2016
AK. Ken and Kathy Hoyland Email Odor Report 11/28/2016
AL. Kathy Hoyland Email Odor Report 11/21/2016
AM. Ken and Kathy Hoyland Email Odor Report 11/29/2016
AN. Miranda Arens Email Odor Report 11/30/2016
AO. Rena Arens Email Odor Report 11/30/2016
AP. Rena Arens Email Odor Report 12/1/2016
AQ. Ken and Kathy Hoyland Email Odor Report 12/2/2016
AR. Rena Arens Email Odor Report 12/5/2016
AS. Ken and Kathy Hoyland Email Odor Report 12/5/2016
AT. James Welch Email Report 12/7/2016
AU. James Welch Email Report 12/7/2016
Email re: DS #6 12/11/2016; State Compliance Advisory
AV. James Welch and Staff response
AW. Coan, Payton and Payne Notification of Court Reporter Services, 12/12/2016
AX. Linda and Doug Ratzlaff Email of Opposition, 12/13/2016
AY. Ken and Kathy Hoyland Email of Rebuttal of Applicant letter, 12/15/2016
AZ. Health Dept. Staff
BA. Holland and Hart
City of Fort Collins EH
BB. Dept.
BC. James Welch
Certification of sign posting and site inspection photos
BD. Planning Services staff 12/16/16
Second Semiannual Inspection letter, 12/12/2016
Request to Modify CD and Exhibits A -N, 12/16/2016
Letter from Mayor in Support, 12/16/2016
Email of Final Summary of Violations, 12/16/2016
BE. Planning Services staff PowerPoint Presentation, 12/16/2016
BF. Ken and Kathy Hoyland Email re: CO Public Radio Interview, 12/18/2016
BG. Debra Morris
Amy Randall, CO Assoc.
BH. for Recycling
Bl. Dave Kisker
BJ. Heartland Biogas
Heartland Biogas - EDF
BK. Renewable Energy
Bill Garcia - Coan, Payton PowerPoint Presentation, 12/19/2016
BL. & Payne, LLC (including flash drive with digital copy)
George lwaszek - Trinity
BM. Consultants
Email re: report of odor and potential impact to private
gathering, 12/17/2016
Email and attached Letter of Support, 12/16/2016
Email re: Action Options for BOCC consideration and
recommendation of tighter odor standard, 12/16/2016
Hearing Brief with Exhibits 1-35, submitted 12/19/2016
(including flash drive with digital copy)
PowerPoint Presentation, 12/19/2016
(including flash drive with digital copy)
Shari Beth Libicki -
BN. Ramboll Environ
PowerPoint Presentation, 12/19/2016
(including flash drive with digital copy)
PowerPoint Presentation, 12/19/2016
(including flash drive with digital copy)
Tom Haren - PowerPoint Presentation, 12/19/2016
BO. AGPROfessionals (including flash drive with digital copy)
BP.
BQ.
BR.
BS.
BT.
BU.
BV.
BW.
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
James Welch <jameswelch3445@yahoo.com>
Sunday, December 11, 2016 7:52 PM
Mike Freeman; Julie Cozad; Sean Conway; Steve Moreno; Barbara Kirkmeyer
Esther Gesick
Comments on Development Standard 6 for Heartland Showcause hearing December 19,
2016
151113 Compliance Advisory Heartland Re 2014 Groundwater Report FINAL.pdf;
IMPORTANT - Solid Waste - Permit Process Information - Application Design & Operations
Plan (D&O) - E -Mail - Weld County Comments - D&O Plan.pdf
Dear Commissioners:
I am writing to address the specific requirements of Development Standard 6 of MUSR 14-0030 in relation to
the upcoming Show Cause hearing for Heartland Biogas scheduled for December 19th, 2016.
When looking at Development Standard 6, it can be broken into two primary sections. The first is whether
Heartland Biogas has complied with the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and the
second is whether the facility has been constructed, operated and monitored as per the Engineering Design
and Operation Plan approved in the letter dated April 7, 2010 from the Colorado Department of Public Health
and Environment in conjunction with the conditions in the DPS Engineering Design and Operation Plan
Addendum approval letter dated December 18, 2014.
Below is a list of regulations of 6 CCR 1007-2 that Heartland Biogas is in violation of. For clarity, I will break
these regulations into specific categories. I have only reviewed the regulations which I was able to evaluate
for compliance which makes it possible there are additional violations beyond what I have listed. As an
example, there is strong evidence that there are multiple violations of the Groundwater Monitoring program
as highlighted in the attached Compliance Advisory from the Solid Waste Department dated November 17,
2015.
It will become evident that Heartland Biogas has violated a significant number of regulations of the Solid
Waste Act as well as numerous aspects of their Engineering, Design and Operations Plans. In regards
specifically to odor control, it will be found that none of the odor control measures that were part of the
EDOP's or requirements by the County (attached) were included in the construction or operation of this
facility. By violating the regulations of the Solid Waste Act as well as the requirements of the 2010 EDOP in
conjunction with the 2014 EDOP, Heartland Biogas is in violation of Development Standard 6 of MUSR 14-
0030.
Violations of the Solid Waste Disposal Sites and Facilities Act — 6 CCR 1007-2
Certificate of Designation:
1.3.3 No person shall operate a facility for solid waste disposal, where processing, treatment, or final disposal
is performed, at any site without a certificate of designation obtained from the governing body having
jurisdiction except as specified in 30-20-102 C.R.S. as amended.
1.6.1 Any person proposing to operate a facility for solid wastes disposal within the unincorporated portion of
any county shall apply to the commissioners of the county in which the site is to be located for a certificate of
designation and any person proposing to operate a facility for solid waste disposal within the corporate
boundaries of a municipality shall apply to the governing body of that municipality for a certificate of
designation.
14.6.1(A) No person shall operate a Class I composting facility without having obtained a certificate of
designation from the local governing authority, in accordance with section 1.6 of these Solid Waste
Regulations.
2016-3804
1
Evidence has been presented that this facility does not have a valid Certificate of Designation. These
regulations clearly state that no person shall operate a Solid Waste facility or a Class I composting facility,
without a valid CD. In fact in the State Statutes it is prohibited to dispose of solid waste at a facility that does
n ot have a Certificate of Designation (C.R.S 30-20-102(2)). I have found no exceptions that would exempt this
facility from the above regulations. It was the responsibility of Heartland Biogas to apply for a Certificate of
Designation which they did not do.
Heartland Biogas is operating unlawfully without a valid Certificate of Designation and by doing so has violated
these three Solid Waste Regulations. Per these regulations and State Statutes, it is prohibited to operate a
facility without a CD so operations must cease until a CD is fully approved. Moving forward, there is also no
provision that allows for the operation of a facility when a CD is simply applied for. All regulations require that
a CD must be obtained before operations begin.
Nuisance Conditions:
2.1.3 Nuisance conditions shall not exist at or beyond the site boundary. All reasonable measures shall be
employed to collect, properly contain, and dispose of scattered litter including frequent policing of the area,
and the use of wind screens where necessary. The facility shall be managed in such a manner that noise, dust
and odors do not constitute a hazard to human health. The facility shall be managed in such a manner that the
attraction, breeding and emergence of birds, insects, rodents and other vectors do not constitute a health
hazard.
14.3.3(0) Nuisance Conditions: A composting facility shall control on -site and prevent off -site nuisance
conditions such as noise, dust, mud, odors, vectors and windblown debris.
14.3.3(1) Odor Control: A composting facility shall implement its Department -approved odor management plan
as necessary to control on -site and prevent off -site nuisance conditions, including the following:
(1) Develop operation procedures to minimize on -site odors and prevent off -site odors
(2) Develop operational procedures to mitigate odors when they occur either on -site or off -site
(3) Develop strategies for mitigating off -site odors
I will begin by evaluating these regulations for nuisance odor conditions. In 2.1.3 it specifically states that
n uisance conditions shall not exist beyond the site boundaries. As has been discussed before, shall means it is
a mandatory requirement in a regulation. Therefore this regulation states that it is required to not have
n uisance conditions beyond the site boundaries. However, this facility has now had nearly 600 off -site odor
complaints in the past year and has had more odor complaints than all other odor sources in the entire state
combined over the last 12 years. There have been multiple testimonies from the public that we have had to
cancel holidays, parties, weddings and so forth at our homes because of the odors. In addition the public has
testified that it is not uncommon to have the odors so strong in our own homes that we are forced to leave
and seek refuge from the odor in town. This is clearly in violation of the regulation that requires that nuisance
conditions shall not exist beyond the site boundary. It is also clear that the Heartland Biogas has not
prevented off -site nuisance conditions which is a violation of the regulations for a compositing facility in
section 14. This facility has been in constant violation of these three provisions and I believe our community
deserves an explanation how this facility has been allowed to become the most significant odor source in the
state and have not been held accountable when they are required to comply with these regulations.
I would also like to point out that none of these regulations refer to a dilution threshold level for odor. The
criteria simply say it has to be a nuisance which would be defined as conditions that limits the use or
n njoyment of our land. As stated previously, with the number of odor complaints and how the community's
lives have had to revolve around the Heartland Biogas odor, it is clear that this facility continues to produce
n uisance conditions at an unprecedented rate in the state. In discussions with my close acquaintance that has
significant experience designing and operating solid waste facilities in Colorado, he claims that generally in the
state it is considered a violation of these standards when a facility has received three odor complaint and
some facilities it is a violation when they receive one odor complaint. Once they are in violation they are then
required to implement corrective actions to fix the problem since they must prevent off -site odor. In one
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compositing facility he was a consultant for, they had to do a million dollar upgrade to the facility because of
just a couple of odor complaints. Heartland Biogas has now had nearly 600 odor complaints and there has
been no improvement in the odor.
The final comment in regards to odor is that in 14.3.3(1) it states that the facility shall implement its Odor
Management plan to prevent off -site odors. While the plan for this facility is insufficient, and failed to include
the requirements of the Weld County Health Department, it did have two provisions that could be
followed. The first was to limit new material until the conditions were abated and the second was to remove
the offending material. Not only was this plan never implemented but Heartland Biogas has now multiple
times asked the county to allow them to bring in more offensive material without first preventing the nuisance
conditions.
This facility has continually and routinely violated all three of the regulations in regards to nuisance conditions
for odor. In fact, based on the fact that this is a larger odor source than all others in the state combined, it is
simply common sense that this facility has not met these requirements to prevent nuisance conditions and
the requirement that nuisance conditions shall not exist beyond the site boundaries.
I will not spend much time on this but the first two regulations also address the dust and blowing debris
conditions at this facility. Photographic evidence, as well as public testimony, has shown that these are also
nuisance conditions from this facility that have not been prevented and do exist past the site boundaries. This
means they are also in violation of section 2.1.7 for failing to control waste materials and debris from leaving
the site. While these may not be the major issues, it shows a continued pattern of non-compliance and
disregard for the regulations.
Design and Operation Plan:
14.4 The owner or operator of a Class I, 11 or 111 composting facility shall submit an engineering Design and
Operation (D&O) Plan to the Department and the local governing authority for review and approval, prior to
commencing facility construction, composting or feedstock storage operations. The plan shall describe how
the facility will comply with all applicable requirements in these Solid Waste Regulations.
Similar to the discussion for the CD, Heartland Biogas as the owner and operator of this facility has not
submitted a D&O plan to the state or county for approval. The 2010 and 2013 plans list Heartland Renewable
as the owner/operator which is not the same as Heartland Biogas. The 2014 D&O plan for the Digester
Processing System lists A-1 Organics as the owner/operator. Currently Heartland Biogas does not have a D&O
plan. Not only is this a violation of State Solid Waste regulations but it is also putting the health, safety and
well-being of the citizens of Weld County at risk as this facility is being allowed to operate without a valid plan
to meet the requirements of a Solid Waste facility.
Waste Grease Facility Regulations:
18.4.2(A) No person shall operate a Waste Grease Facility without having received Waste Grease Certificate of
Registration from the Department.
18.4.2(E) A Waste Grease Facility is not authorized to accept, collect, store, process, or dispose of waste grease
after the July 15 expiration date unless the Waste Grease Facility has submitted a completed application to the
Department to renew the Waste Grease Certificate of Registration as a Waste Grease Facility pursuant to this
section.
18.4.2(F) All Waste Grease Facilities who continue accepting, collecting, storing, processing, or disposing of
waste grease shall submit an application for renewal no later than June 1 of each year.
As described in the email I had sent on December 5, 2016 titled "Re: Follow up to Heartland Biogas Certificate
of Designation - Additional State Statute violation" I described how Heartland Biogas has failed to comply with
the regulations of the Waste Grease facility sections of the State Statutes and Solid Waste
Regulations. Specifically, Heartland Biogas began receiving in waste grease in October 2015. However they
did not receive their registration until February 2016. In addition, they allowed their registration to lapse
between July 15, 2016 and August 10, 2016. They did not submit for renewal until August 2016. During that
3
time they continued to receive in waste grease. Based on the evidence provided in the email on December 5,
this facility has been in violation of the three regulations referenced above.
There are also multiple additional regulations in the Waste Grease section in regards to record keeping and
the manifest records that must be kept for each truckload. I have previously requested detailed logs by load
through the Weld County Health Department. When the County received the information back from
Heartland they were told they do not keep records of each individual loads. If this is true, then there are
multiple other violations of this section. However, since I do not have sufficient evidence I have not included
those regulations in this discussion, but it may be advisable for the State or County to review the manifest
records and section 18.4 of 6 CCR 1007-2.
General Regulations:
1.3.5 The construction, operation and closure of all new facilities for solid waste disposal shall comply with
designs, specifications and procedures outlined in the certificate of designation application or in amendments
to such applications approved after Department review, and with all applicable local requirements, and with
the standards of these regulations.
This facility does not have a valid Certificate of Designation. However if they were attempting to follow the
EDOP approved in the CD they would need to abide by the 2010 plan which has not been done. Heartland
Biogas has not complied with all local requirements as evidenced by violating multiple design standards and
they have not complied with the standards of these regulations as evidenced by this document.
2.1.1 Sites and facilities shall comply with the health laws, standards, rules, and regulations of the Department,
the Water Quality Control Commission, the Air Quality Commission, and all applicable laws and ordinances.
Simply by the violation of the Air Quality Commission standards they have violated standard 2.1.1. However
much like the previous regulation, there are numerous violations of laws, standards, rules, laws and
ordinances.
Signage and Security:
14.3.3(E) Access Control: A composting facility shall control access to prevent illegal dumping, prevent
unauthorized access and provide for site security both during and after business hours. Effective artificial
barriers or natural barriers may be used in lieu of fencing. (Same as 2.1.8)
14.3.3(F) Signage: A compositing facility shall erect and maintain a signage that identifies the facility name,
emergency contact information, and the materials that will and will not be accepted, and that ensures
adequate traffic control.
This facility has not had any access control until very recently and even now entry through the gates is not
controlled. In addition, the sign up until September only had the facility name. In September they did add the
emergency contact information and not until November did they add any additional information. This is again
another section that I would not consider primary but continues to demonstrate a pattern of not following the
regulations they are supposed to be bound to. It also begs the question that if simple things such as a fence
and sign cannot be done correctly, what confidence can we have that a complex facility will be operated in
compliance.
Violations of the Engineering Design and Operation Plans
In development standards 6, it states that the facility "be constructed, operated, and monitored as detailed in
the application materials and Conditions detailed in the Engineering Design and Operation 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."
As was discussed in the November 14, 2016 Show Cause hearing, there is also a third EDOP from 2013 which is
the plan that the DPS EDOP is based from.
When interpreting this section of the development standard, it is important that the word "conjunction" is
used. That indicates that the requirements of the 2010 plan as well as the 2013 and 2014 plans need to
4
coexist. As was also discussed, there are some sections in the later plans that would contradict the 2010
plan. I believe the only logical way to interpret this Development Standard is that the requirements of the
2010 plan must be met unless that specific item is superseded in the 2013 or 2014 plans. For example, the
digesters being above ground in the 2013 plan supersedes the below ground tanks in the 2010 plan. Based on
this assumption, I will discuss which items in the 2010 plan should have still been implemented as they were
not superseded in the 2013 plan. I will also point out which sections of the 2013 and 2014 plans that are not
being followed.
There is one important note. This section is written specifically in regards to how Heartland Biogas has not
complied with the requirements of their EDOP's based on the USR/MUSR approvals. However, if we view this
from the Certificate of Designation perspective, the CD only approved the use of the 2010 plan with no
mention of the 2013 or 2014 plans. When viewing this from the CD perspective, they have not complied with
any of the 2010 EDOP requirements which is a significant violation.
Requirements of 2010 EDOP that should have been included.
Below is the list of requirements in the 2010 EDOP plan that should have been included in the design and
construction of the Heartland facility as they were not superseded or excluded in the 2013 or 2014 plans.
Odor Control
Many of these were also listed out in the letter from the County Health Department dated November 2, 2009.
• Two -stage scrubber on substrate tanks
• Enclosed unloading of manure and organic substrates
• All waste streams covered
• All other tanks controlled with biofilters
• Air ionization in buildings
• All air emissions released will be processed, scrubbed or desorbed.
• Hydrogen Sulfide (H2S) would be captured and reduced to elemental sulfur
Of all of the odor controls that were specified in the 2010 plan, none of them were implemented. In addition,
none of the requirements specified by the county in the November 2, 2009 email were addressed either. This
not only violates their EDOP but also the requirement that a Solid Waste facility be built and operated to
prevent off -site odors since these odor sources and controls were known but were ignored.
Security
• Incoming check -in and inspection of each load.
• Controlled access with security guard to prevent unapproved access.
It is a requirement at a Solid Waste facility to control access and to ensure that unapproved wastes, including
hazardous wastes, are not being brought onto the facility. These measures have not been implemented from
their 2010 plan.
Requirements of 2013/2014 plans, including Odor Management Plan, that are not being followed.
Below are a list of items that are in the 2013 and 2014 EDOP's but have not been followed.
Odor Control
• All wastes to be stored covered or enclosed.
• Feedstocks to be unloaded through a hose.
• Limit incoming material until odor conditions are abated.
• Remove offending material from site until odor conditions are abated.
• Bio-filter system to be added to underground substrate tanks at the DPS.
5
Not only were none of the odor control measures put in place from the 2010 plan, but none of the odor
control measures from the 2013 or 2014 plans have been implemented either. By not following their odor
control measures, this is not only a violation of their EDOP's, but it also violates multiple sections of the Solid
Waste Regulations.
The waste storage also brings up a contradiction to the MUSR application in which it specifically states that no
wastes will be stored on the DPS site. As presented in the November 14- 2016 Show Cause hearing, there is
substantial photographic evidence, as well as eye -witness accounts, that show wastes consistently being
stored at the DPS facility.
Other Nuisance Conditions
• Dust suppression to be implemented.
• Facility enclosed with fencing to prevent wind-blown debris.
Evidence was presented at the November 14, 2016 Show Cause hearing that dust or wind-blown debris have
been controlled at this facility.
Security
• This facility is supposed to be surrounded by a 6 -foot chain link fence with controlled access.
• Signage to include facility name, emergency contact information, traffic control and materials that will
and will not be accepted.
Evidence was presented at the November 14, 2016 Show Cause hearing that fencing requirements, access
control and signage requirements were not met.
General Design
• The facility was approved for 5 digesters yet has 6.
Both the 2013 EDOP and amended USR only approved 5 digesters at 1.2 million gallons each. The facility has 6
digesters at 1.7 million gallon capacity. This is in violation of their EDOP and their USR.
Summary
In summary, Heartland Biogas has been in violation of over 15 different regulations of the Solid Waste
Disposal Sites and Facilities Act (6 CCR 1007-2). The facility was not constructed, operated or monitored as
detailed in the 2010 EDOP in conjunction with the 2014 EDOP Addendum. They have also failed to comply
with all 12 odor control requirements that were part of their EDOP's and associated Odor Management
Plan. Additionally, Heartland Biogas has also failed to comply with the requirements for security, signage and
even something as simple as number of digesters. These are all evidence that Heartland Biogas is in violation
of Development Standard 6.
There is a consistent pattern of violations by Heartland Biogas in regards to local and state regulations. And
many of these violations have directly led to this being the most significant nuisance odor producer in the
state and have interfered with the communities "comfortable enjoyment of life". Continuing to allow
Heartland Biogas to run without an approved Certificate of Designation and Design and Operation Plan not
only is in contradiction to State Statutes and Solid Waste regulations but also puts the health, safety and well-
being of the citizens of Weld County at risk.
Thank you for your time and consideration.
Sincerely,
James Welch
6
COLORADO
Department of Public
Health & Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
November 17, 2015
Mr. James Potter
AgEnergy USA, LLC
163 North Shore Road
Hampton, NH 03842
Mr. Ralph Daley
EDF Renewable Energy
1925 Isaac Newton Square, Ste 280
Reston, VA 20190
CERTIFIED MAIL #: 7014 1200 0001 1451 4667
Return Receipt Requested
CERTIFIED MAIL #: 7014 1200 0001 1451 4650
Return Receipt Requested
RE: Compliance Advisory for the Heartland Biogas, LLC Facility
2014 Annual Groundwater Monitoring Report
SW/WLD/HRE 4.3 Et 1.6
Dear Mr. Potter and Mr. Daley,
This Compliance Advisory provides notice related to information provided to the Colorado Department of Public
Health and Environment ("Department") Hazardous Materials and Waste Management Division ("Division") in the
following annual report ("Annual Report") and the following annual report response letter to CDPHE comments
("Response Letter"). The Annual Report and Response Letter were prepared for the Heartland Biogas, LLC facility
("Facility") located at 19179 Weld County Road 49, Weld County, Colorado.
Annual Groundwater Monitoring Report. Prepared by: AGPROfessionals. Document dated: April
14, 2015. Document received: June 17, 2015.
CDPHE Comments: 2014 Annual Groundwater Monitoring Report. Prepared by: EDF Renewable
Energy. Document dated: November 6, 2015. Document received: November 6, 2015.
The Division reviewed the submitted Annual Report and provided comments in a letter dated October 28, 2015
Comments: Annual Groundwater Monitoring Report dated April 14, 2015 ("CDPHE Comment Letter"). The
Response Letter, referenced above, was provided to the Division in reply to the October 28, 2015 CDPHE Comment
Letter. The Division reviewed the submitted Response Letter, in conjunction with the Annual Report, pursuant to 6
CCR 1007-2, Part 1, the Regulations Pertaining to Solid Waste Sites and Facilities ("Regulations") and pursuant to
the Heartland Renewable Energy, LLC Waste to Energy Engineering Design and Operations Plan ("EDOP"). The
Department advises you that based on its review of the two above -referenced documents the Division believes that
you may have violated Colorado's solid waste laws. Department personnel will review the facts established, and
this notice may be revised to include additions or clarifications as a result of that review.
Please be aware that you are responsible for complying with the State solid waste regulations and that there are
civil penalties for failing to do so. The issuance of this Compliance Advisory does not limit or preclude the
Department from pursuing its enforcement options concerning this review, including issuance of a Compliance
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
Mr. James Potter and Mr. Ralph Daley
Compliance Advisory for the Heartland Biogas, LLC Facility
November 17, 2015
Page 2
Order and/or seeking an assessment of civil penalties. Also, this Compliance Advisory does not constitute a bar to
enforcement action for conditions that are not addressed in this Compliance Advisory, or conditions found during
future file reviews or inspections of your property. The Department will take into consideration your response to
the requested actions listed below for each cited deficiency in its consideration of enforcement options.
Potential Deficiency 1: In accordance with Appendix B, Section B3(I) of the Regulations, "The owner or operator
must determine whether or not there is a statistically significant increase over background values for each
parameter or constituent required in the particular ground water monitoring program that applies to the solid
waste disposal site and facility". Table 1 in the Facility's Groundwater Monitoring Plan (Appendix K of the EDOP)
provides a list of constituents that are to be analyzed for as part of the Facility's detection monitoring program. In
accordance with Appendix B, the Facility is required to determine if there has been a statistically significant
increase (SSI) for each of these parameters. The Annual Report does not document or provide evidence that the SSI
determinations required by Appendix B of the Regulations are being made for all constituents and the CDPHE
Comment Letter requested that the SSI determinations be made for all constituents. The Response Letter indicates
that an SSI determination will not be made for constituents that do not have groundwater protection standards.
This appears to be a violation of Section 2.2 of the Regulations.
Requested Action Relative to Deficiency 1: Provide and discuss statistical analysis results for each constituent
listed in Table 1 of the Groundwater Monitoring Plan. The EDOP indicates that Shewhart-cumulative sum control
charts (CUSUM) will be the primary statistical method for evaluating groundwater data. As described in Appendix
B, Section B3(I)(1) of the Regulations, "In determining whether a statistically significant increase has occurred,
the owner or operator must compare the ground -water quality of each parameter or constituent at each
monitoring well designated pursuant to 40 CFR 258.51(A)(2) to the background value of that constituent,
according to the statistical procedures and performance standards specified..." Sufficient information is required
in the Annual Report to determine whether statistical procedures and performance standards, as specified in the
Regulations and in the Facility EDOP, were conducted. Clarify all statistical procedures being followed, detail how
Appendix C graphs are being derived, and include calculations used for CUSUM.
Potential Deficiency 2: In accordance with Appendix B, Section B3(A) of the Regulations, "The ground water
monitoring program must include consistent sampling and analysis procedures The owner or operator must
notify the Department and the local governing body having jurisdiction that the sampling and analysis program
documentation has been placed in the operating record and the program must include procedures and
techniques..." Field sampling logs and depth -to -bottom -of -well -measurements are considered documentation of
procedures and techniques and are required to be placed in the operating record. According to Section 2.4.3 of the
Regulations, "All information contained in the operating record must be furnished upon request or be made
available at all reasonable times for inspection by the governing body having jurisdiction or the Department."
Depth -to -bottom -of -well measurements and field sampling log information for the July 2014 and September 2014
groundwater monitoring events were not provided in the Annual Report. This information was requested in the
CDPHE Comment Letter. The Response Letter indicated that this information would not be provided to the
Department. Not providing information contained in the operating record is an apparent violation of Section 2.4.3
of the Regulations.
Requested Action Relative to Deficiency 2: Provide depth -to -bottom -of -well measurements and field sampling
log information for the July 2014 and September 2014 groundwater monitoring events. Alternatively, in accordance
with Section 2.4.3 of the Regulations, these can be made available to the Department during an inspection.
Should the facility choose to provide this information during an inspection, the facility should indicate this
preference to the Department. Please note, in accordance with Section 1.7.2(A)(1) of the Regulations "document
review fees shall provide reimbursement to the Department for professional staff and administrative personnel
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
Mr. James Potter and Mr. Ralph Daley
Compliance Advisory for the Heartland Biogas, LLC Facility
November 17, 2015
Page 3
time spent reviewing, evaluating and responding to documents submitted or required to be submitted." Where
Section 1.7.2(A)(3) indicates that "Evaluating" includes time spent determining whether the document is
complete and adequate for its intended purpose and/or complies with regulatory requirements and may include
time spent on site visits, as appropriate.' The Department is authorized to bill for time spent evaluating
documents required to be submitted, pursuant to Section 1.7 of the Regulations.
COMPLAINCE ASSISTANCE
Observation 1: The Response Letter indicates "If corrective action becomes necessary for the facility, the owner
or operator are required to develop groundwater protection standards that will be based on Maximum
Contaminant Levels (MCLs) as described in Appendix B(B7)(G)(2)..." First of all, Appendix 57 relates to remedy
selection when groundwater corrective action becomes necessary. Based on currently available information,
groundwater corrective action is not necessary at the Heartland Biogas Facility. Secondly, as indicated in
Appendix B7 (G) should corrective action become necessary the referenced groundwater protection standards
would be developed based on consideration of: (1) background data, (2) MCLs, and (3) health -based standards
(i.e., Water Quality Control Commission, 5 CCR 1002-41, Regulation 41, The Basic Standards for Groundwater).
Should the Facility be required to conduct corrective measure activities, in accordance with Appendices B6, B7,
and B8 of the Regulations, the Facility would be required to utilize the state's groundwater quality standards. Per
Appendix B6(B) of the Regulations "The owner or operator must continue to monitor in accordance with the
assessment monitoring program as specified in 40 CFR 258.55" Per 40 CFR 258.55(i), Colorado has established
groundwater protection standards for constitutions with and without MCLs. The Water Quality Control Commission
("WQCC") is responsible for the adoption of the state's groundwater quality standards and the Division is
responsible for implementing groundwater quality standards at solid waste disposal sites and facilities. Per the
facility EDOP and Appendix B4 of the Regulations, the Facility is not required to reference groundwater standards
for the detection monitoring program. Should the Facility be required to conduct corrective measure activities, in
accordance with Appendices B6, B7, and B8 of the Regulations, the Facility would be required to utilize the state's
groundwater quality standards. These can be found at the following link:
https: //www.colorado.gov/pacific/sites/default/files/41_2013%2801%29hdr.pdf
Recommended Action Relative to Observation 1: When referencing groundwater standards, those provided in
WQCC 5 CCR 1002-41 Regulation 41, The Basic Standards for Groundwater, are the appropriate standards to
reference.
Observation 2: Annual Report Appendix A Section 2.2.1 indicates "Monitoring wells completed in areas where
ground water is suspected or known to contain hydrocarbons will be bailed for a visual assessment, prior to
measuring the static depth -to -water. The bailed sample will be collected in a clean TeflonTM or PVC bailer. If a
product layer or sheen is observed, its thickness will be measured using a floating product meter, or a steel tape
and hydrocarbon sensitive paste." The Response Letter indicated "A visual assessment as described is not likely to
have a significant effect on NAPL elevation or groundwater elevation." The Division does not concur with this
statement and recognizes that removal of liquid from a well casing may impact non -aqueous phase liquid (LNAPL)
elevation or groundwater elevation if those elevations were collected subsequent to liquid removal activities.
Recommended Action Relative to Observation 2: Should the site groundwater be suspected to have a NAPL, the
NAPL elevation and groundwater monitoring elevation should be measured prior to any bailing activities.
Observation 3: Annual Report Appendix A Section 2.5.2 indicates "As needed, AGPROfessionals will filter samples
in the field or direct laboratory to filter prior to analyses." The Response Letter indicates "To ensure that
groundwater data is representative of site conditions, highly turbid samples will continue to be filtered as
needed." Appendix IB of the Regulations specifies measurement of total metals concentrations. Metals, listed on
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
Mr. James Potter and Mr. Ralph Daley
Compliance Advisory for the Heartland Biogas, LLC Facility
November 17, 2015
Page 4
Table 1 of the Facility's Groundwater Monitoring Plan should be analyzed in accordance with Appendix IB of the
Regulations, therefore field filtering is not appropriate unless specifically approved by the Division.
Recommended Action Relative to Observation 3: The Facility should contact the Division regarding past field
filtering events and, if necessary, to request approval for dissolved metal analysis, based on site -specific
information.
To facilitate resolution of the issues identified in this Compliance Advisory, we encourage you to contact this
office at the number listed below by December 27, 2015 to schedule a meeting:
A. To discuss the Compliance Advisory and answer any questions that you may have;
B. To develop a schedule for correcting the deficiencies noted above; or
C. To submit information necessary to show that the deficiencies are not a violation of Colorado's solid
waste laws.
The CDPHE is authorized to bill for its review of technical submittals pursuant to Section 1.7 of the Regulations
Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1). An invoice for the Division's review of the
above -referenced document(s) will be transmitted under separate cover. Our fees and billing ceilings may be
viewed online at https://www.cotorado.gov/pacific/cdphe/solid-waste-regulations.
You may contact either Heather Barbare at 303-692-6346 (email heather.barbare®state.co.us), or Jerry Henderson
at 303-692-3455 (email :erry.hernderson®state.co.us) concerning the deficiencies detailed under this Compliance
Advisory and/or to set a meeting to discuss the advisory.
Sincerely,
Heather Barbare
Environmental Protection Specialist
Solid Waste Permitting Unit
Hazardous Materials and Waste Management Division
Jerry Henderson
Unit Leader
Solid Waste Permitting Unit
Hazardous Materials and Waste Management Division
ec: Ed Smith - CDPHE, Solid Waste Compliance Assurance Unit
Ron Davies - EDF Renewable Energy
Darrel Lopez - EDF Renewable Services
Ben Frissell, Weld County Department of Public Health and Environment
Curt Stovall, P.E. - CDPHE, Solid Waste Permitting Unit
Doug Ikenberry, P.E. - CDPHE, Solid Waste Compliance Assurance Unit
Tim Naylor - AGPROfessionals
Chad TeVelde, P.E. - AGPROfessionals
Laura Kellogg, - AgEnergy
Chris Skelton, P.G. - AGPROfessionals
Randy Perila - CDPHE, Solid Waste Compliance Assurance Unit
H:\PROJECT FILES\Heartland\Correspondance - from Dept\151113 Compliance Advisory Heartland Re 2014 Groundwater Report FINAL.docx
4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe
John W. Hickenlooper, Governor Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer
DOPHE 136
HAZARDOUS MATERIALS
SW 2.1. 3303
IS
1111111 iiii iiiiii iii iim iiiii iiiiii ii
BOX#
249
(1119/2009) Curtis Stovall - WCDPHE Comments regarding Heartland Energy's Design & Operations Plan, dated SeptembePage Dc
•
From:
To:
CC:
Date:
Subject:
Troy Swain <tswain@co.weld.co.us>
Don Anderson <danderson@agpros.com>
Trevor Jiricek <tjiricek@co.weld.co.us>, "curtis.stovall@state.co.us" <c...
11/2/2009 8:08 AM
WCDPHE Comments regarding Heartland Energy's Design & Operations Plan, dated
September 15, 2009:
Mr. Don Anderson
AGPROfessionals, LLC
4350 Highway 66
Longmont, CO 80504
The Weld County Department of Public Health and Environment's (WCDPHE) Environmental Health
Services Division offers the following comments regarding Heartland Energy's Design & Operations Plan,
dated September 15, 2009:
Odor Management Plan: This facility is subject to the Colorado Air Quality Control Commissions
(CAQCC) Regulation Number 2 - Odor Emissions. The odor management plan does not address odors
from the recycle water holding pond and effluent water retention pond. The odor management plan does
not address operation and maintenance of odor control equipment. An Operation and Maintenance Plan
for all odor control equipment will be required and an APEN must be filed for all odorous sources
controlled.
Air Emissions: Under (D) Air Quality Permits the 1st sentence: "APEN - air emission permits will be
secured following construction and operational start-up" is an illegal statement and should be removed
from the D&O Plan, due to the fact that an APEN/Construction Permit Application is required to be filed
prior to construction, An Initial Issued Construction Permit must be obtained prior to start of construction.
See CAQCC Reg. 3, Part II.A., and definitions of commence, commence construction, construction
permit, and uncontrolled actual emissions in CAQCC Reg. 3. An APEN will need to be filed for the gas
conditioning skid, bypass flares, tail gas thermal oxidizer and possibly the wastewater treatment process.
An APEN must be filed for any back-up generators. There may be other issues depending on utility inputs
for the proposed facility. Are natural gas compressor engines being used for compression and
refrigeration of produced gas? Natural gas fired boilers for heating of digesters and processing
equipment? Natural gas fired turbine for electricity generation? Heartland may become a major source or
a potential major source of air pollution.
Air Emissions (odor): An APEN must be filed for odor emissions. Detailed information regarding the
operation, maintenance, and performance of the odor control equipment will need to be submitted. The
following odor emissions points were found in the D&O Plan: food, oil & grease (FOG) tanks - biofilters,
concentrated FOG pit - covered, 200K FOG storage tank - two -stage scrubber (odor & H2S control), food
waste hopper - not specified , food waste/DAF storage - two -stage scrubber or biofilter, blend tank room -
air ionization, solids processing building/digester pump room - air ionization, tail gas - thermal oxidizer,
and gas processing skid for conditioning and H2S removal - not specified. The following odor emissions
sources are uncontrolled: receiving/storage building, recycle water system, recycle water holding pond,
and effluent water retention pond. What is air ionization and has it been proven effective as a production
related odor control system?
Through the air permitting process, odorous sources are subject to a public comment period by the Air
Pollution Control Division. Under CAQCC Reg. 3, Section I1I.C. Public Comment and Hearing
Requirements: IIl.C.1.b. Sources for which preliminary analysis indicates a possible violation of
Commission Regulation Number 2 (odor emissions). Under the Common Provisions Section of the Air
Quality Control Commission Regulations: Section 1B requires a public comment period for odorous
sources and Section I.D. Intent - "to implement the legislative declaration and other sections of the Act,
the commission declares that it is the intent and purpose of these regulations is to: ... 1.0.4. Prevent odors
and other air pollution problems which interfere with the comfortable enjoyment of life;"...
(11/9/2009) Curtis Stovall - WCDPHE Comments regarding Heartland Energy's Design & Operations Plan, dated SeptembePage72X
Groundwater Monitoring Waiver: The Department is not supportive of a groundwater monitoring waiver at
this time due to the following: (1) site soils are characterized as well drained to excessively drained and
runoff potential is considered low (page 14 part d of D&O), (2) groundwater flow has not been established,
MWO2 is the only well with groundwater, additional wells in the area of MWO2 are likely to have water and
would aid in the establishment of the groundwater flow plane, (3) constituents of the "compost like" end
product recovered from the centrifuge process after the planned sand/grit and salt removal is unknown
(consistency of constituents also unknown) at this time, (4) groundwater monitoring wells are stated as a
rationale on page 16 of the D&O Plan for not installing a low permeability work pad, (5) liner and leak
detection are not specifically included in the D&O Plan for all below ground structures, specifically,
concrete pit storage for "grocery discards, organic wastes, and any other solid feedstock...with volume to
accommodate up to 3 days supply" (page 18 (C) 2.(a)1. of D&O Plan), the concentrated food, oil and
grease (FOG) that "will be emptied into covered concrete pits...back dump material from trucks into a
below grade concrete vault" (page 19 (C) 2.(a)2. of D&O Plan), and the below grade hopper/pit equipped
with washdown water for unsorted food waste (page 20 (C) 2.(a)3. of D&O Plan), (6) lining is appropriate
for avoiding groundwater discharge permitting requirements but not groundwater monitoring, and (6) the
volumes and types of material stored, transferred and processed at the facility are consistent with Class I
composting facilities, which have typically included the requirement to conduct groundwater monitoring.
Low Permeability Work Pad Waiver: The Department is not supportive of a waiver at this time due to the
following: (1) site soils are characterized as well drained to excessively drained and runoff potential is
considered low, therefore, the soils are porous (page 14 part d of D&O), (2) constituents of the "compost
like" end product recovered from the centrifuge process after the planned sand/grit and salt removal is
unknown (consistency of constituents also unknown) at this time, (3) a groundwater monitoring waiver is
being requested based on lining and leak detection of underground structures, and (4) no subsurface
barrier has been proven to exist beneath the site to prevent leachate from entering shallow groundwater.
Financial Assurance: The plan calls for the digesters to be cleaned and left in place and seems to be
focused on a temporary suspension of activities instead of closure. The digester structures may capture
precipitation and present nuisance issues from standing water and water rights issues by interfering with
surface flow, groundwater flow, and recharge. The following question needs to be satisfied: Can the
digesters be left in place upon closure (similar to a building)? If so, in what condition (soil covered,
covered, soil filled and capped, concrete fractured, concrete removed, etc.)? Basically, what does
"closed" look like for this facility?
The plan also calls for raw materials to continue to be processed and the digesters to continue to operate.
There is a cost associated with doing this and according to page 21 of the D&O Plan; the reactors
(digesters) have a 24 day residence time. Continuing to operate and process raw materials on -site and in
process at the time of closure is inconsistent with the 3rd party closure requirements of financial
assurance, due to the fact that the Department (CDPHE) would have to step in and actually run or pay
someone to run this waste to energy facility and the closure cost estimates do not include these
operational costs. Without accurate operational cost information, at this time, it would be more
appropriate to dispose of all raw materials and in process material as solid waste upon closure and use an
estimated cost of this for financial assurance.
Some of these issues identified above will likely be addressed by the APEN/Construction Permit
Application materials and Development Standards of the USR & CD, in addition to any necessary
revisions to the Design & Operations Plan.
Troy E. Swain
Environmental Health Specialist
Weld County Dept. of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 304-6411 (fax)
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EXHIBIT
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good Morning.
Hayley Nash <HNash@cp2law.com>
Monday, December 12, 2016 9:53 AM
Bruce Barker; Esther Gesick
William F. Garcia
Please see attached: Letter from attorney Bill Garcia dated December 12, 2016
2016.12.12 Court Reporter Letter (250075).pdf
2
a s
Please see the attached letter regarding Notification of use of Court Reporter for the Show Cause Hearing on
December 19, 2016.
Should you have any questions, please contact us.
Happy Holidays,
Hayley Nash, Legal Assistant
Coan, Payton & Payne, LLC
hnash@cp2law.com
5586 W. 19th Street, Suite 2000
Greeley, Colorado 80634
Telephone: 970-339-3500
CONFIDENTIAL: The information contained in this e-mail or any attachment hereto is subject to attorney -
client privileges and/or other confidentiality protections and is private information intended for the use of the
1
C
COAN PAYTON PAYNE
December 12, 2016
Bruce Barker, Esq.
Weld County Attorney's Office
1 150 O St.
Greeley, CO 80631
**delivered via email only to bbarker@co.weld.co.us
Esther Gesick,
Weld County Clerk to the Board
1 150 O St.
Greeley, CO 80631
**delivered via email only to egesick@co.weld.co.us
William F. Garcia, Esq.
5586 W. 19th Street, Suite 2000
Greeley, CO 80634
970-339-3500
wgarcia@cp2law.com
www.cp2law.com
Re: Notification of use of Court Reporter for Show Cause Hearing, December 19, 2016 -
Heartland Biogas, LLC
Dear Mr. Barker and Ms. Gesick:
Please let this letter serve as notice that Heartland Biogas, LLC has engaged a Court Reporter at
its own expense to make a record of the proceedings relating to the continued Show Cause
Hearing for USR 1704 and MUSR 14-0013 scheduled for Monday, December 19, 2016 at 9:00
a.m. The engaged Court Reporter is with AB Court Reporting and Video.
Heartland Biogas, LLC will provide one (1) copy of the transcript to the Clerk of the Board for
its Record in accordance with Section 2-3-60 of the Weld Code.
Please feel free to contact me with any questions.
Sincerely,
Coan, Payton & Payne, LLC
William F. Garcia
;ORE C;i )i I IN:;
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Julie Cozad
Wednesday, December 14, 2016 5:00 PM
Tom Parko Jr.; Esther Gesick; Trevor Jiricek
Chris Gathman, Ben Frissell; Phillip Brewer; Commissioners; Iratzlaff@aol.com
FW: Headland Biogas
Weld County Commissioners.docx
Torn, Esther and Trevor,
Please make this email below and attached a part of the public record for the Heartland Show Cause hearing.
Thanks, Julie
Julie Cozad
Weld County Commissioner, District 2
1150 O Street
P.O. Box 758
Greeley, CO 80632
Office: 970-336-7204
Cell: 970-515-2424
Fax: 970-336-7233
icozad(weldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Iratzlaff@aol.com[mailto:lratzlaff@aol.com]
Sent: Tuesday, December 13, 2016 8:15 PM
To: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Steve Moreno
<smoreno@co.weld.co.us>; Mike Freeman <mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>;
douglas.ikenberry@state.co.us
Subject: Heartland Biogas
Weld County Commissioners:
I would like to take just a few minutes to let you all know how Headland Biogas has impacted our lives. First Doug and
live at 24249 County Road 34 which we have lived here for 32 years we are 3.7 miles from the plant and even though we
are that far we still can smell the plant almost daily on a rare occasion we might be spared depending on the wind we find
ourselves looking at the weather and always checking to see which directions the wind will come from especially if we are
having guests over!!!! It has also impacted our dogs as of late we noticed damp weather which for some reason the smell
seems to stick to the dogs coats so when they come in we have to close them off from the rest of the house get out old
towels wipe them down to get the smell off!! The barn get the smell stuck in it, I will open the door in the morning an know
1
that the wind blew our direction in the middle of the night. The days of opening the windows have long since gone since
Heartland is in the area and in turn our electric bills have gone up as we cannot take advantage of the cool evenings in
the fall. No more airing things out just in case the wind shifts and in that case there is no sense in airing anything out!! My
husband and I often think of moving out of Weld County but we wonder who the heck would by a home in this area (at a
decent price) we are basically stuck here!!!
My son lives outside the town of LaSalle he can smell it and he is 7.4 miles southwest. My husband drives thru Kersey
everyday he smells it sometimes there. I know it sounds crazy but my husband and I have both smelt it up in the town of
Greeley at the corner of 35th ave and Hwy 34 we both looked at each and he said is that the stink clear up here!!! If that
plant goes into 100% production I truly wonder how many people will be impacted!!!!
I'm taking this time to ask you to shut down Heartland!!! Please make our homes, OUR HOMES once again and not a
stinking sewer!!
I have also sent this letter as an attachment.
Linda & Doug Ratzlaff
970-302-6465
2
Weld County Commissioners:
I would like to take just a few minutes to let you all know how
Heartland Biogas has impacted our lives. First Doug and I live at 24249
County Road 34 which we have lived here for 32 years we are 3.7 miles
from the plant and even though we are that far we still can smell the
plant almost daily on a rare occasion we might be spared depending on
the wind we find ourselves looking at the weather and always checking
to see which directions the wind will come from especially if we are
having guests over!!!! It has also impacted our dogs as of late we
noticed damp weather which for some reason the smell seems to stick
to the dogs coats so when they come in we have to close them off from
the rest of the house get out old towels wipe them down to get the
smell off!! The barn get the smell stuck in it, I will open the door in the
morning an know that the wind blew our direction in the middle of the
night. The days of opening the windows have long since gone since
Heartland is in the area and in turn our electric bills have gone up as we
cannot take advantage of the cool evenings in the fall. No more airing
things out just in case the wind shifts and in that case there is no sense
in airing anything out!! My husband and I often think of moving out of
Weld County but we wonder who the heck would by a home in this
area (at a decent price) we are basically stuck here!!!
My son lives outside the town of LaSalle he can smell it and he is 7.4
miles southwest. My husband drives thru Kersey everyday he smells it
sometimes there. I know it sounds crazy but my husband and I have
both smelt it up in the town of Greely at the corner of 35th ave and
Hwy 34 we both looked at each and he said is that the stink clear up
here!!! If that plant goes into 100% production I truly wonder how
many people will be impacted!!!!
I'm taking this time to ask you to shut down Heartland!!! Please make
our homes, OUR HOMES once again and not a stinking sewer!!
Linda & Doug Ratzlaff
970-302-6465
Esther Gesick
From: Chris Gathman
Sent: Friday, December 16, 2016 7:05 AM
To: Esther Gesick
Subject: FW: EDF/Heartland Biogas Substrate Tank Foam Upset
Attachments: Heartland Substrate Tank Foam Upset 12.2.2016.pdf; Thanksgiving Cancelled at the
Hoyland's Home!!!; EDF/Heartland Biogas Stench
Categories: Red Category
From: Kathy Hoyland [mailto:kathy.hoyland@skybeam.com]
Sent: Thursday, December 15, 2016 9:17 PM
To: Ben Frissell <bfrissell-durley@co.weld.co.us>
Cc: Barbara Kirkmeyer <bkirkmeyer@co.weld.co.us>; Julie Cozad <jcozad@co.weld.co.us>; Mike Freeman
<mfreeman@co.weld.co.us>; Sean Conway <sconway@co.weld.co.us>; Steve Moreno <smoreno@co.weld.co.us>; Chris
Gathman <cgathman@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>; Phillip Brewer
<pbrewer@co.weld.co.us>; Carr - CDPHE, Paul <paul.carr@state.co.us>; douglas.ikenberry@state.co.us
Subject: EDF/Heartland Biogas Substrate Tank Foam Upset
Dear Mr. Frissell,
We would like to submit a rebuttal to the letter sent to you by Mr. Jason Thomas, Heartland Biogas Plan
Manager, dated 12-2-16.
In the attached letter on the third paragraph, Mr. Thomas states "no nuisance conditions on site or confirmed
beyond the site boundary".
The horrendous stench that we experienced from Wednesday, November 23rd and well into Wednesday,
November 30th was a nuisance condition that was unbearable for our family. We ended up Wednesday night,
11-23, cancelling Thanksgiving at our home. I understand Mr. Thomas states the `upset' did not occur until
Friday evening, 11-25, however the stench was so bad we had to cancel our traditional Thanksgiving holiday at
our home; makes us wonder if there was an issue with the substrate tank starting around Wednesday, 11-23.
At 3 am Monday morning, 11-28, the stench was so bad at our home it woke us from sleep, all of our windows
were closed tightly. I sent an email to the Weld County Commissioners for both occasions (please see attached
emails).
1
Per the Colorado Department of Public Health and Environment, Solid Waste Disposal Site and Facilities
regulations:
CCR 1007-2 sections
o 14.3.3 (D) - Nuisance Conditions: A composting facility shall control on -site and prevent off -site nuisance
conditions such as noise, dust, mud, odors, vectors and windblown debris
o 14.3.3 (I) - Odor Control: A composting facility shall implement its Department -approved odor management
plan as necessary to control on -site and prevent off -site nuisance conditions, including the following:
prevent off -site odors
either on -site or off -site
(1) Develop operation procedures to minimize on -site odors and
(2) Develop operational procedures to mitigate odors when they occur
(3) Develop strategies for mitigating off -site odors
We beg to differ with Mr. Thomas and state for the record the off -site nuisance odor conditions were unbearable
from this 'foam upset'.
We do not understand how a business that has NO valid Certificate of Designation and has been illegally
disposing of waste through land application of digested solids free liquids and lagoon water, along with a
multitude of other `potential' violations is still operating in this County.
Sincerely,
Ken and Kathy Hoyland
18612 County Road 49
La Salle, CO
970-284-7998
2
-IEARTLAND
biogas project
19179 WCR 49
LaSalle, CO 80645
Electronic Mail
December 2, 2017
Mr. Ben Frissell
Weld County Dept. of Health &Environment
1555 North 17th Avenue
Greeley, Co 80631
RE: Heartland Biogas, LLC
Process Upset — November 25, 2016
Dear Mr. Frissell:
Heartland Biogas, LLC experienced a process upset on November 25, 2016 at approximately 11:30
PM when foam from Substrate Tank # 1 entered secondary containment from the tank vents.
Approximately 13,000 gallons of foam entered the secondary containment. All of the foam was
confined within the secondary containment system for the Substrate Tanks. The facility
immediately stopped receiving the substrate material that caused the foaming and readjusted
the tank level. Kinetic Hydro Vac was contacted in the early hours of November 26, 2016 to begin
removing the foam and gravel rock from the containment area. The outside of the tank was
pressure washed as well as the containment area. All of the rinse waters were removed by the
cleaning contractor. Due to a scheduling conflict Kinetic Hydro was not able to complete the
cleaning by Monday so Atlas Trucking finished the job by Tuesday, November 29, 2016. All of
the foam, rocks, and rinse waters were taken to Rattler Ridge A-1 processing facility for recycling
into compost by Kinetic Hydro Vac.
The Substrate Tank and containment is not associated or connected in any way to the onsite
surface impoundments (North and South Ponds). The release of foam was not from or to a waste
impoundment, was not leachate from a leak detection system, or a condition of noncompliance
necessitating corrective action at any waste impoundment. Therefore, the Contingency Plan in
the facility's EDOP (9.3.3 (D) was not in -acted. Also, the facility does not believe 6CCR 1007-2
Part 1 9.3.3 (D) (1-2) applies to this process upset that remained in secondary containment from
a process tank.
Furthermore, even though a contractor was called to remove the foam and clean the
containment area and tank, the facility would like to clarify that it did not in -act its contingency
plan either as there was no emergency (catastrophic tank failure), no contamination of surface
water or ground water, no nuisance conditions on site or confirmed beyond the site boundary,
and there were no unusual traffic conditions, hot loads, fires, or undesirable conditions as a result
of the process upset.
www.edf-re.com
4EARTLAN D
biogas project
19179 WCR 49
LaSalle, CO 80645
Page 2
December 2, 2016
For these reasons the process upset was not reported to WCDHE or to CDPHE within 24 hours
from a waste impoundment and the material was removed from site as soon as possible.
Please contact me at (720) — 538-6130 or via email at Jason.Thomas@edf-re.com if any
additional information is needed.
Jas
Pla
Thomas
Manager
CC: Heather Barbare — CDPHE Solid Waste Permitting Unit
Garrison Kauffman — Holland & Hart LLP
Cheryl Hainich — EDF Biofuels HSE
www.edf-re.com
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Esther,
Chris Gathman
Friday, December 16, 2016 12:12 PM
Esther Gesick
Tisa Juanicorena
FW: Heartland Biogas Second Semiannual Inspection Letter
20161129 Inspection Letter Final.pdf
I am going through my records. As much as I try to forward as I get them I keep finding items you may not have been
copied on. Sorry. There are two more e -mails
From: Ben Frissell
Sent: Tuesday, December 13, 2016 7:27 AM
To: Jason.Thomas (Jason.Thomas@edf-re.com) <Jason.Thomas@edf-re.com>
Cc: Trevor Jiricek <tjiricek@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Chris Gathman
<cgathman@co.weld.co.us>; Michelle Martin <mmartin@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us>;
heather.barbare@state.co.us; Henderson - CDPHE, Jerry <jerry.henderson@state.co.us>;
douglas.ikenberry@state.co.us; david.snapp@state.co.us; Bankoff - CDPHE, Michael <michael.bankoff@state.co.us>;
Maylett - CDPHE, Anna <anna.maylett@state.co.us>
Subject: Heartland Biogas Second Semiannual Inspection Letter
Jason,
Attached is the second semiannual inspection letter for Heartland Biogas. Please let me know if you have any questions.
Thank you,
Ben Frissell
Environmental Health Specialist
Weld County Department of Public Health and Environment
1555 North 17th Ave, Greeley
bfrissell-durlev@co.weld.co.us
970-400-2220
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Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
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1
December 12, 2016
t\ /J
-Ia I 1
CCJNTY
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
EDF Renewable Services
Attn: Jason Thomas
19179 Weld County Road 49
LaSalle, CO 80946
Subject: Heartland Biogas, Second Semiannual Inspection 2016
Dear Mr. Thomas:
On November 29, 2016, the Weld County Department of Public Health and Environment (WCDPHE) conducted a
routine inspection of the Heartland Biogas LLC anaerobic digester facility and digester process system, located at 19179
Weld County Road 49, LaSalle, Colorado. Follow-up documents were submitted on November 30th, December 1', 2nd
and 3rd, 2016. The purpose of the inspection was to assess the facility's compliance with the Development Standards set
forth in the Use by Special Review Permit (USR-1704), the amended Use by Special Review Permit (MUSR14-0030),
the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2) (the Regulations), C.R.S. 30-20-101 et
seq. and other applicable statutes, and Weld County Code. Based upon observation of the facility and review of the
records, the following were observed to be deficient:
In accordance with Development Standard 6 of MUSR14-0030, "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 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 14, 2014, from the CDPHE." At the
time of the inspection, the following issues were noted to be out of compliance with Development Standard 6:
1. Section 1.3.3 of the Regulations states, "No person shall operate a facility for solid waste disposal, where
processing, treatment, or final disposal is performed, at any site without a certificate of designation obtained from
the governing body having jurisdiction except as specified in 30-20-102 C.R.S as amended." Additionally, Section
14.6.1(A) of the Regulations states, "No person shall operate a Class I composting facility without having obtained a
certificate of designation from the local governing authority, in accordance with Section 1.6 of these Solid Waste
Regulations." Weld County received the following letter (Heartland Biogas Certificate of Designation) on
November 8, 2016 from the Attorney General's Office (See Appendix A). The letter states that, since the original
authorized certificate of designation (CD) was granted to Heartland Renewable Energy LLC and not Heartland
Biogas LLC, Heartland Biogas LLC does not have a CD and is operating in violation of C.R.S 30-20-120(1) and the
Regulations Pertaining to Solid Waste Sites and Facilities. Additionally, Weld County sent the following letter
(Certificate of Designation) on December 5, 2016, which requested all necessary documentation be submitted and
follow the processes outlined in C.R.S. 30-20-103 et seq. to obtain a new CD (See Appendix A). Based on the letter
from the Attorney General's Office, requiring the facility to obtain a new CD, it appears that the facility is illegally
disposing of waste.
2. WCDPHE believes that the facility is illegally disposing of waste through land application of the digested solids free
liquid, and lagoon water. The facility applied for and was granted a Beneficial Use Determination for application of
the wastewater and sediment from the south pond as indicated in a CDPHE letter (Conditional Approval- Beneficial
Use of Wastewater and Sediment from the EDF Renewable Energy's South Pond) dated July 30, 2015 and approved
by the County in a July 30, 2015 email to the CDPHE (See Appendix B). However, a subsequent letter from the
CDPHE (Approval with Conditions: November 11, 2015 Low Permeability Pad Change Request 10 and Digest
Solids Site Operating Plan) dated November 20, 2015 (See Appendix C) indicated that an updated beneficial use
Health Administration
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determination was required and that waste generated from the digestion process was considered a solid waste and
water generated from the anaerobic digestate was a wastewater. The requirement to apply for a Beneficial Use
Determination with the CDPHE was again outlined in a September 8, 2016 email from the State to the facility (See
Appendix D). The facility submitted information to the CDPHE on October 7, 2016 requesting a Beneficial Use
Determination for the above mentioned wastes. In a letter from the CDHPE (Comments Regarding Request for
Beneficial Use Determination for Liquid Soil Amendment- Heartland Biogas, LLC) dated November 4111, 2016 (See
Appendix E), the CDPHE was unable to make a determination for the Beneficial Use and requested additional
information be provided. As part of the November 29, 2016 inspection, WCDPHE requested information related to
any off -site land applications. The facility provided a table (Heartland 2016 LSA Transfer for Land Application)
that outlined dates, loads, locations, and barrels of wastes applied (See Appendix F). The table provided shows
waste being taken off -site for application as recently as of November 28, 2016, in contrast to requests made by the
CDPHE and without a Beneficial Use Determination and approval from the local governing body. WCDPHE issued
a letter (Heartland Biogas, Unapproved Land Application) dated December 7, 2016 which requests a cease to off -
site land application until proper approval is granted (See Appendix G).
After review of the Heartland Biogas LLC 2015 USR Report dated April 29, 2015 (See Appendix H), it appears that
Heartland Biogas LLC started to receive waste grease on October 9, 2015. Waste grease is an approved waste
outlined by the Approved 2013 EDOP, however, the facility is still required to be registered as a Waste Grease
Facility with the CDPHE. Based on documentation, the facility provided an application to the CDPHE on
December 15, 2015 and obtained an approval letter from the CDPHE on February 3, 2016 (See Appendix I). It
appears that the facility was illegally disposing of waste grease from October 9, 2015 up to February 3, 2016, when
the notification of a Waste Grease Certificate of Registration Number was issued. As of November 29, 2016, the
facility has the required registration.
3. Section 14.4 of the Regulation outlines the general and minimum requirements of the Engineering Design and
Operation Plan (EDOP). Based on the November 29, 2016 inspection, the following items were deemed to be either
out of compliance, with the Regulations, or inconsistent within the EDOP:
3. A. Section 14.4.2(A) of the Regulations addresses names, addresses, and telephone numbers of the owner
and/or operator of the facility. The revised EDOP, dated June 7, 2013 (Approved 2013 EDOP),
approved by the CDPHE, as indicated in the May 23, 2013 letter (Approval with Conditions:
Modifications to the Waste to Energy Engineering Design and Operations Plan, Construction Quality
Assurance Plan, Construction Quality Control Plan, and Drawings for the Heartland Renewable
Energy Anaerobic Digester Facility, Weld County, Colorado), shows the owner of the facility as
Heartland Renewable Energy (See Appendix J). While this appears to be inconsistent with the above
section of the Regulations, a Change Request, dated October 30, 2013, was submitted from
AGPROfessionals LLC to the CDPHE (See Appendix K). This Change Request requested to page
in/page out all information pertaining to ownership, contact information, and the property physical and
legal descriptions, described within the EDOP, to the updated owner information, Heartland Biogas,
LLC. Based on this CDPHE approved Change Request, WCDPHE does not consider the EDOP out of
compliance with this section.
3. B. Section 14.4.2(D) of the Regulations addresses the maximum facility capacity and description of the
types of material to be composted. Based on the Approved 2013 EDOP, the facility was expected to
digest approximately 6,000-7,000 gallons of organic substrate per hour and approximately 8,500-
10,400 gallons per hour of manure slurry, including recycled effluent and dilution water. However, the
November 18, 2014 Digester Processing System (DPS) EDOP Addendum (2014 DPS EDOP
Addendum) approved by the CDPHE, as indicated by the December 18, 2014 letter (Approval With
Condition: Digester Processing System Engineering Design and Operation Plan Addendum, Heartland
Biogas Facility, Weld County, Colorado, dated November 18, 2014) (See Appendix L), indicates a
substrate capacity to handle up to 350,000 gallons per day. These expected capacities represent two
separate processes. The Approved 2013 EDOP outlines gallons of material to be digested, while the
2014 DPS EDOP Addendum outlines waste received at the DPS. Following the 2014 DPS Addendum,
the facility is in compliance with this section of the Regulations. However, the quarterly averages and
the maximum amount of material the facility is able to take and gas generated is regulated under the
CDPHE Air Pollution Control Division's Construction Permit 12WE3172 permit condition 10 (See
Appendix M). Based on the maximum quarterly amounts of waste the facility can receive, outlined in
the permit, the facility is also in compliance with this section of the Permit. This inconsistency of
substrate capacity vs. digestion capacity would need to be addressed in future modifications to the
EDOP.
3. C. Section 14.4.2(F) of the Regulations requires a detailed description of the composting operation,
specifically defining all procedures, activities, waste acceptance practice, pathogen reduction
methodology, and periods of non -activity. Based on review of both the Approved 2013 EDOP and the
2014 DPS EDOP Addendum, there appears to be numerous inconsistencies with how waste material
(both substrate and manure) will be unloaded and stored. The Approved 2013 EDOP indicates that
shelters (roof and floor but no walls) will be provided for substrate unloading and dewatered solids
storage. Currently, there is no roof over the unloading area for substrates that do not need de -
packaging and are able to be taken directly into processing tanks. Additionally, the Approved 2013
EDOP specifies that manure unloading will be done by connecting to a designated unloading hose and
pumped out of the tanker. Currently, manure waste is unloaded by simply opening up the unloading
port and allowing the manure slurry to unload directly to an uncovered manure pit. The 2014 DPS
EDOP indicates that packaged material targeted for de -packaging will be temporarily stored in a
designated area in the coverall building until processed. On numerous occasions material staged for
de -packaging has been observed outside the coverall building. Additionally, Appendix X Odor
Management Plan of the Approved 2013 EDOP states,"...all incoming waste streams will be stored in
enclosed/covered storage areas for the reduction of any offensive odors." Currently, manure waste is
stored in an open pit. The WCDPHE recognizes the facility is currently constructing a structure where
package materials will be stored and processed.
3. D. Section 14.4.2(G) of the Regulations requires descriptions of an adequate system of barriers, fencing,
or other site controls to prevent unauthorized site access. The Approved 2013 EDOP indicates that a
six foot high chain link fence will surround the Digester facility, with a security controlled entrance.
The soil amendment area will be fenced with barbed wire, and the site will be accessed using an ID
card to help prevent unauthorized access or material. Based on site observations on November 29,
2016, there is no fence surrounding the Digester facility or the soil amendment area except for the
outer perimeter of site, and that appears to be fenced with a four foot high barbed wire fence. There is a
six foot high chain -link fence on the east side of the facility, but it only covers a small portion of the
access road. Section 14.4.2(J) requires a description of site security measure taken to ensure the site is
secured during business hours to control public access, and prevent unauthorized vehicles and illegal
dumping of wastes. Heartland Biogas LLC is utilizing ID cards to track waste entering the site, but
this is still inconsistent with the Approved 2013 EDOP since site access is open consistently.
3. E. Section 14.4.2(P) of the Regulations requires the development of an Odor Management Plan. As part
of the Approved 2013 EDOP, the Odor Management Plan outlines actions to be taken by the facility to
help reduce and mitigate on -site and off -site odors, should they occur. The facility is currently
implementing numerous remediation actions to help address off -site odors. However, section 14.3.3(1)
of the Regulations requires a facility to implement their Department -approved (CDPHE) plan, as
necessary, to control on -site and prevent off -site nuisance conditions, which includes odor, as defined
by Sections 14.3.3(D) and 2.1.3 of the Regulations. Based on numerous odor evaluations performed by
WCDPHE staff, off -site odors continue to occur. It should be noted that Development Standard 21 of
MUSR14-0030 states, "In accordance with the Colorado Air Quality Control Commission Regulation
Number 2, odor detected off -site shall not exceed the level of seven -to -one (7:1) dilution threshold."
This seems to be in conflict with the Regulation pertaining to Solid Waste Sites and Facilities and is in
need of further clarification. Additionally, the 2014 DPS addendum states, "In addition to the Odor
Management Plan provided as Appendix X (Approved 2013 EDOP), contingency plans for the
implementation of a bio-filter system shall be included for the substrate processing tanks associated
with the DPS if shown to require mitigation." Currently, the implementation of a bio-filter at the DPS
site has not occurred, even with the adequate evidence of off -site odor.
In accordance with Development Standard 7 of MUSR14-0030, "Following construction, HRE shall submit to the
Division and Weld County, for review and approval, a construction certification report, which includes construction
record drawings, deviations from the approved plan, and results of all testing and documentation requirements set forth
in the CQA/QC Plan. The construction certification report shall be submitted at least sixty days prior to the acceptance
of feedstock." Based on the following documentation, it appears that the facility did not submit the construction
certification report 60 days before accepting feedstock, as required by Development Standard 7.
1. Heartland Biogas LLC provided email correspondence to WCDPHE on November 30, 2016 which provided
dates for the submittal of the Construction Certification Report to the CDPHE, which occurred on December 4,
2013, and the date of the first manure delivered to the site, which was January 11, 2014 (See Appendix N).
While the Certification Report was submitted to the CDPHE on December 4, 2013, it was not approved until
April 4, 2014, after being revised as indicted in the CDPHE letter (Approval: Certification Report for Phase 1
Construction, Version 2.0, Heartland Biogas Facility, Weld County, Colorado, Revised February 20, 2014).
Regardless of when the Certification Report was approved, the facility still did not submit the Certification
Report 60 days prior to the acceptance of feedstock.
In accordance with Development Standard 10 of MUSR 14-0030, "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
Design and Operations Plan." It appears that the facility has not notified WCDPHE of deviation from or proposed
changes to the Approved 2013 EDOP, 2014 DPS Addendum or the Digested Solids Site Operating Plan.
1. Based on the November 29, 2016 inspection, there seems to be Change Request Orders that have not been
submitted to WCDPHE. The last documented Change Order Request submitted to WCDPHE was Change
Order 10. An email between the CDPHE and AGPROfessionals LLC dated February 24, 2014 shows an
approval for Change Order Request 13 (See Appendix O). This indicates that items were submitted to the
CDPHE, but not to Weld County (e.g. Change Order 11, 12 and 13).
2. Heartland Biogas LLC may be under the understanding that they do not need to submit revisions prior to the
completion of the Pilot Project and construction due to the request made in the February 24, 2014 email with the
CDPHE. In this email the CDPHE agrees with AGPROfessionals LLC request to submit revised
documentation at the end of construction. Additionally, Heartland Biogas LLC has cited Condition 5 of the
CDPHE letter (Approval with Conditions: November 11, 2015 Low Permeability Pad Change Request 10 and
Digest Solids Site Operating Plan), dated November 20, 2015 (See Appendix D), which states, "The DSSOP
and satisfaction of the low permeability work pad requirement are considered a pilot project. Continuance of
operations as described in the DSSOP, as approved with conditions described in this letter, are contingent on
pilot project close-out report submittal and revised EDOP amendment submittal with Division review and
approval of that revised EDOP amendment. In accordance with section 14.10.3 of the Regulations, the revised
EDOP amendment must be submitted within ninety (90) calendar days of the pilot project completion."
Regardless of the interpretation of Condition 5 or agreements with the CDPHE, the facility is still required to
notify WCDPHE of any deviations from or proposed changes to the EDOP, which includes the Approved 2013
EDOP, the 2014 DPS Addendum, and the Digested Solids Site Operating Plan. It does not appear this has been
done.
3. As requested by the CDPHE in their August 10, 2016 letter (Comments 2015 Annual Groundwater Monitoring
Report) and outlined in WCDPHE's August 19, 2016 inspection letter (Heartland Biogas, First Semiannual
Inspection 2016) (See Appendix P) Heartland Biogas was to submit a Work Plan, and a Revised Groundwater
Monitoring Plan and Sampling and Analysis Plan by October 9, 2016 for review. At the time of WCDPHE's
November 29, 2016inspection, Heartland Biogas indicated they submitted a waiver request to the CDPHE
concerning the items from the August 19, 2016 letter. This waiver request was not submitted to the WCDPHE.
In accordance with Development Standard 34 of MUSR14-0030, "The operation shall comply with all applicable rules
and regulations of the State and Federal agencies and the Weld County Code." The facility has failed to collect and
remit the Weld County Solid Waste Surcharges as required by Chapter 5, Article III of the Weld County Code, for
wastes received at the facility.
1. WCDPHE has sent two emails to Heartland Biogas LLC regarding the failure to collect and remit the Solid
Waste Surcharges (See Appendix Q). The last email was sent November 1, 2016. As a response to this email,
an attorney representing Heartland Biogas LLC submitted a formal response, dated November 22, 2016,
indicating that surcharges did not apply to the Heartland Biogas facility due to the fact that the facility accepts
agricultural wastes and source -separated composting feedstock, both of which are exempt, per Weld County
Code (See Appendix R). While these specific items are exempt from the surcharge, the facility takes in
materials that are not exempt, and would require a surcharge to be remitted. Weld County requests all
surcharges be paid.
Other Issues:
On November 25, 2016 the Heartland Biogas facility experienced a process upset from Substrate Tank #1, which caused
a release to secondary containment of approximately 13,000 gallons of foam. WCDPHE staff visited the site on
November 28, 2016 to assess the situation and make sure the 2013 Approved EDOP was being followed. A report was
submitted by Heartland Biogas on December 7, 2016, outlining actions taken by the facility in response to the release
(See Appendix S), however a final report is required no later than 30 days after receiving analytical results or completion
of the repairs. No compliance issues were noted due to the release.
It is expected that you comply with all applicable regulations immediately. A written/electronic response is requested,
which should include what steps will and have been taken by you to comply with the above reference regulations and
Development Standards. Please provide your response and the plan of correction no later than December 28, 2016. If
you have any questions, please contact me at 970-400-2220.
Sincerely,
K
Ben Frissell
Environmental Health Specialist
WCDPHE, Environmental Health Services
ec: Heather Barbare, CDPHE
Doug lkenberry, CDPHE
Jerry Henderson, CDPHE
David Snapp, CDPHE
Michael Bankoff, CDPHE
Anna Maylett, CDPHE
Tom Parko, Weld County Planning Department
Michelle Martin, Weld County Planning Department
Chris Gathman, Weld County Planning Department
Trevor Jiricek, WCDPHE
Frank Haug, County Attorney Office
List of Appendices
Appendix A Heartland Biogas Certificate of Designation, Attorney General Office Letter,
Dated November 8, 2016
Certificate of Designation, Weld County Department of Public Health and
Environment Letter,
Dated December 5, 2016
Appendix B Conditional Approval- Beneficial Use of Wastewater and Sediment from the
EDF Renewable Energy's South Pond, CDPHE Letter
Dated July 30, 2015
WCDPHE Approval Email to the CDEPHE
Dated July
Appendix C Approval with Conditions: November 11, 2015 Low Permeability Pad
Change Request 10 and Digest Solids Site Operating Plan, CDPHE Letter
Dated November 20, 2015
Appendix D Soil Amendment Email, CDPHE Email
Dated September 8, 2016
Appendix E Comments Regarding Request for Beneficial Use Determination for Liquid
Soil Amendment- Heartland Biogas, LLC, CDPHE Letter
Dated November 4, 2016
Appendix F 2016 LSA Transfer for Land Application, Heartland
Dated November 28, 2016 (provided upon request)
Appendix G Heartland Biogas Unapproved Land Application, WCDPHE Letter
Dated December 7, 2016
Appendix H Heartland Biogas LLC 2015 USR Report
Dated April 29, 2015
Appendix I
Notification of Waste Grease Certificate of Registration Number, CDEPE
Letter
Dated February 3, 2016
Appendix J Approval with Conditions: Modifications to the Waste to Energy
Engineering Design and Operations Plan, Construction Quality Assurance
Plan, Construction Quality Control Plan, and Drawings for the Heartland
Renewable Energy Anaerobic Digester Facility, Weld County, Colorado,
CDPHE Letter
Dated May 23, 2013
Appendix K Change Request for Owner and Name of facility Approved by CDPHE,
Dated October 30, 2013
Appendix L Approval With Condition: Digester Processing System Engineering Design
and Operation Plan Addendum, Heartland Biogas Facility, Weld County,
Colorado, dated November 18, 2014, CDPHE Letter
Dated December 18, 2014
Appendix M Air Pollution Control Division Construction Permit
Appendix N Heartland Email Concerning Construction Certification Report Submittal
and First Manure Delivered to the Site, Heartland Email to WCDPHE
Appendix O Email Request to Submit Documentation at the End of Construction and
Change Request Number
Dated February 24, 2014
Appendix P Comments 2015 Annual Groundwater Monitoring Report, CDPHE Letter
Dated August 10, 2016
Heartland Biogas, First Semiannual Inspection 2016, WCDPHE Letter
Dated August 19, 2016
Appendix Q Emails from WCDPHE to Heartland Concerning Surcharges
Appendix R Applicability of Weld County Solid Waste Surcharge, Coan, Payton and
Payne
Dated November 22, 2016 (provided upon request)
Appendix S Heartland Biogas, LLC Process Upset -November 25, 2016
Dated December 2, 2016
CYNTHIA H. COFFMAN
Attorney General
DAVID C. BLAKE
Chief Deputy Attorney General
MELANIE J. SNYDER
Chief of Staff
FREDERICK R. YARGER
Solicitor General
STATE OF COLORADO
DEPARTMENT OF LAW
November 8, 2016
Frank Haug, Assistant Weld County Attorney
Weld County Attorney's Office
Via E -Mail to fhaug@co.weld.co.us
RE: Heartland Biogas Certificate of Designation
Dear Mr. Haug:
RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 7th Floor
Denver, Colorado 80203
Phone (720) 508-6000
Natural Resources and
Environment Section
I have appreciated our several telephone calls regarding the status of the Heartland
facility Certificate of Designation. After review of the record and applicable
statutes, the Hazardous Materials & Waste Management Division (the Division)
and I have determined that Heartland Biogas LLC does not have a Certificate of
Designation for its facility.
On July 21, 2010, Weld County issued a document that among other things was a
Certificate of Designation to Shelton Land and Cattle, Ltd., and Heartland
Renewable Energy, LLC. A Warranty Deed associated with the August 9, 2013 sale
of the facility to Heartland Biogas, LLC was filed with the Weld County Clerk and
Recorder on August 16, 2013. The two Heartland LLCs are not related to each
other.
CRS § 30-20-102(1) provides "... a person who owns or operates a solid wastes
disposal site and facility shall first obtain a certificate of designation from the
governing body having jurisdiction over the area.. ." HMWMD and I interpret this
as requiring either the owner (landowner) or the facility operator have a valid CD
from the local government. Regarding the Heartland biogas facility, we understand
that both the land ownership has changed (as and it is no longer owned by Shelton
Land and Cattle), and that it is no longer operated by Heartland Renewable
Energy. Therefore, the facility no longer has a CD.
Certificates of Designation do not transfer to new owner / operators because the CD
is more than a simple zoning document. In allowing solid waste activity, Weld
County must consider whether the proposed operator will likely be able to comply
with applicable requirements. The Solid Waste Act specifies just three specific
factors the local governing body must consider before granting a CD (the fourth is
Page 2
recommendations from other local governments). CRS § 30-20.104(1). One of the
three specific factors is "[t]he ability of the applicant to comply with the health
standards and operating procedures provided for in [the Solid Waste Act] and such
rules and regulations as may be prescribed by the department [of Public Health &
Environment]." CRS § 30-20-104(1)(c). Allowing a new owner or operator to
manage solid waste under a CD issued to a different entity would thwart one of
these factors the local governing body is charged by the Legislature to assess.
Facing a similar question, the Colorado Supreme Court gave considerable attention
to this factor in considering whether a new solid waste site operator's CD was
adequate:
Section 30-20-104(1)(c), C.R.S. 1973, requires the county
commissioners to consider, in deciding whether to grant a
certificate, "the ability of the applicant to comply with the
health standards and operating procedures" in the Act
and the department's rules and regulations. This
provision implies that a new certificate is required when
there is a change of operator, because the Commissioners
could not consider the ability of the operator to manage
the site absent an application for a new certificate.
City & County of Denver v. Eggert, 647 P.2d 216, 225-226 (Colo. 1982).
In Eggert, the Court did not ultimately require a new CD, but only because Denver
was listed on the CD and the Act provides that either an owner or operator may
obtain the CD. CRS § 30-20-102(1). Heartland Renewable Energy LLC was the last
entity authorized by the CD issued for this site, and that entity is no longer
associated with the facility.
The Division understands a zoning document was issued to the current owner and
operator, Heartland Biogas LLC, on February 25, 2015; however, this zoning
document was not issued by the County Commissioners, does not meet other Solid
Waste Act CD requirements, and does not act as a CD.
Therefore, the site in question does not have a CD and is technically operating in
violation of CRS § 30-20-102(1) and related regulatory requirements. However, I
understand the Division discussed the current state of the CD with Weld County
representatives by teleconference on October 20, 2016. During that discussion, the
Division acknowledged that both regulatory agencies were made aware of the
transfer of ownership contemporaneously and failed to notify Heartland Biogas LLC
of the need to apply for issuance of a new CD in the new owner's name. Despite this
oversight, Heartland Biogas LLC has taken other necessary steps that would
normally have occurred at the time of the transfer of ownership, such as
Page 3
establishing financial assurance and updating the Engineering Design and
Operations Plan (EDOP).
The Heartland Biogas facility is due to submit a revision to the EDOP following the
completion of its pilot project. The Division will encourage Heartland Biogas LLC
to apply for a CD soon. In the meantime, the Division's EDOP application review
can be limited to affirming the financial assurance is in order. The Division will
perform a comprehensive review of the revised EDOP only after completion of the
pilot project.
Please contact me if you have any further questions.
Sincerely,
FOR THE ATTONEY GENERAL
DAVID ' " TZER
First Assistant Attorney General
Hazardous & Solid Waste / CERCLA
Natural Resources & Environment
720-508-6270
720-508-6039 (FAX)
Email: david.kreutzei@coag.gov
cc: Jerry Henderson, HIVIWMD
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
December 5, 2016
Heartland Biogas, LLC
do
William F Garcia, Esq.
Coan Payton & Payne, LLC
5586 W. 19th Street, Suite 2000
Greeley, CO 80634
RE: Certificate of Designation
Dear Mr. Garcia,
Weld County received a letter on November 8, 2016 from the Attorney General's Office
relating to the status of the Certificate of Designation for your facility. This letter has
been provided to you previously. As noted in the analysis by the Attorney General's
Office. a Certificate of Designation is required pursuant to C.R.S. 30-20-102 in order to
operate a Solid Waste Facility. Further, pursuant to the regulations in 6 CCR 1007-2:1-
1.3.3, "no person shall operate a facility or solid waste disposal .without a certificate of
designation."
The Certificate of Designation that was originally issued in this instance was issued to
Heartland Renewable Energy as the operator of a facility on property owned by the
Shelton Land and Cattle Company. The operator of the facility and owner of the land
have both changed since the original granting of the CD. As a result, Heartland must
immediately submit all necessary documentation and follow the processes outlined in
C.R.S. 30-20-103 et seq. to obtain a new Certificate of Designation.
Please don't hesitate to contact our department's Environmental Health Services
Division if you have questions about the process to obtain a new Certificate of
Designation.
Sincerely,
14„cm,k7 2)3
Mark E. Wallace, MD, MPH
Director
CC: Bruce Barker, Frank Haug, Trevor Jiricek
Health Administration
Vital Ricords
'etc: 9/03046410
Fax: 970-304-6412
Pubic Health &
Clinical Services
lele: 970-304-6420
Fox: 970-304-6416
Environmental Heolth
Services
Tele 970-304.64 5
Fox: 970.304.64'
Communication,
Education I. Planning
Tele 970-304-6470
Fox: 970-304-6452
Emergency Preparedness
t Response
Tele: 970-304-6470
Fax: 970-304-6452
Public Health
Appendix B
COLORADO
Department of Public
Health Et Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
July 30, 2015
Mr. Jim Potter, President
AgEnergy USA, LLC
163 North Shore Rd
Hampton, NH 03842
RE: Conditional Approval -Beneficial Use of Wastewater and Sediment from EDF Renewable Energy's
South Pond
SW-WLD-HRE 1.1
Mr. Potter,
The Hazardous Materials and Waste Management Division ("the Division") has reviewed the revised
beneficial use request ("the Revised BU Plan") submitted to the Division on July 29, 2015 by
AGPROfessionals, LLC and determined that the land application of the mixture of wastewater,
generated from the digester, and sediment from the South Pond at the EDF Renewable Energy Facility
in La Salle, CO meets the minimum requirements for the beneficial use of a solid waste identified in
Section 8.6, Beneficial Use, of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR
1007-2. Part 1 ("the Solid Waste Regulations"). The Division's approval is based on the following
conditions:
1. The wastewater and sediment mixture will be applied at less than the evapotranspiration rate;
2. The land application may not negatively impact groundwater;
3. The mixture will be applied at an agronomic rate;
4. The beneficial use must meet all other local, state and federal requirements; and
5. The local government must issue an approval for the beneficial use.
The final paragraph of the Revised BU Plan states:
"Local government approval does not need to be obtained, as the product being land applied is
manure, and agricultural waste (C.R.S. 30-20-101 (6)(b)(I1)). The land application of
agricultural waste is not regulated by Weld County."
The Division has determined that waste generated from the digestion process is considered a solid
waste. The Solid Waste Regulations define an agricultural waste as:
'"Agricultural wastes" means all solid wastes resulting from the raising of crops or animals on
land zoned agricultural by Local requirements, including animal manures, that are returned to
the soils as fertilizer or soil conditioners. In addition, agricultural waste means all carcasses
and carcass by-products resulting from any mass livestock mortality that is the result of an all -
hazards event or depopulation ordered by the state veterinarian or other appropriately
designated authority.'
Waste generated from the anaerobic digester is considered digestate, or wastewater. The waste is not
generated as a result of raising animals, rather, the waste is generated as a result of anaerobic
4300 Cherry Creek Drive S., Denver, CO 80246.1530 P 303 692.2000 www.colorado.govicdphe
John W. Hickeniooper, Governor t Larry Wolk, MD, MSPH. Executive Director and Chief Medical Officer
digestion. The Division agrees that the land application of manure at agronomic rates is not subject
the Solid Waste Regulations, but wastewater and digestate are no longer manure.
The Division does not require local governments to accept the Division's beneficial use approvals. Each
local government reserves the right to concur or deny beneficial use determinations approved by the
Division and every beneficial use of solid waste is subject to local government approval. The Division
must receive documentation from the local governing body stating that they approve of the use, or the
local governing body may state that they do not regulate the beneficial use for which an applicant is
seeking approval. This beneficial use approval is dependent on the Division's receipt of local
government documentation and EDF may proceed with the approved beneficial use operations once the
Division receives concurrence from the local governing body.
The Division looks forward to working with you on a future beneficial use determination for the
digestate and other wastes generated during the methane generation process that may be beneficially
used.
Please contact David Snapp at 3O3-692-3425, or david.snapp@state.co.us, if you have any question
regarding this letter.
Sincerely,
David Snapp, &nit Leader
Materials Management Unit
Hazardous Materials and Waste Management
Division
4300 Cnerr y Creek Dr ve 5.. Denver CO 80246-1530 P 303-6922000 www colorado gov cdohe
Johr- w. Hrckenloocer. Governor Lace/ Wolk. MD. M5PH. Executive Derecror and Chief Medical Officer
From: Heather Barbare
To: -Smut - CDPHE David"
Cc: cid TeWide: Marcy Babcock: gvtis.stovaleistane.co.a;
Subject: RE: EDF Renewable Energy Beneficial Use Determination request
Date: Thursday, July 30, 2015 2:46:00 PM
Attachments: FDFFn'mvJtl)7-30-)0]5 nett
imam:flonn
ima0e403.00a
iman:Snoa
imaoe00Z.ina
imam:001.inn
Thanks David.
Jim. please accept this e-mail as documentation showing local government approval, to meet
condition number 5 of the attached letter. Feel free to contact me with questions.
Heather Barbare
Environmental Health Planner, Waste Program Manager
Weld County Department of Public Health & Environment
1555 N 17th Ave
Greeley, CO 80631
hbarbare@co.weld.co.us
970-304-6415 Ext. 2223
a
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Snapp - CDPHE, David[maitto:david.snapp@state.co.us]
Sent: Thursday, July 30, 2015 2:39 PM
To: jimpotter@agenergyusa.com
Cc: Chad TeVelde; Marcy Babcock; curtis.stovall@state.co.us; Janine Baratta; Heather Barbare
Subject: Re: EDF Renewable Energy Beneficial Use Determination request
Janine. Chad and Jim.
Please find the attached conditional beneficial use approval.
I believe Heather Barbare will chime in shortly as well. Thanks and let me know if you have
any questions. -David
On Wed, Jul 29, 2015 at 2:08 PM, Janine Baratta jbar_attaIgagpros_cont> wrote:
David,
Please find attached the revised Beneficial Use Determination request for EDF Renewable
Energy per your July 23, 2015 email.
Regards,
Janine Baratta
Agronomist
AGPROfessionals
3050 67th Avenue, Suite 200
Greeley, CO 80634
303-870-0015 mobile
970-535-9318 office
970-535-9854 fax
www.agpros corn
ci d: image00 l . j pgta101 C F 84A3.5410 B330
a
David Snapp, Unit Leader
Materials Management Unit
Solid Waste and Materials Management Program
A
P 303.692.3425 I F 303.759.5355
4300 Cherry Creek Drive South, Denver, CO 80246
david.snapp®state.co.us 1 https://www.cotorado.gov/pacific/cdphe
B El
Appendix C
•
COLORADO
Department of Public
Health S Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
November 20, 2015
Mr. James Potter
AgEnergy USA, LLC
163 North Shore Road
Hampton, NH 03842
RE: Approval with Conditions: November 11, 2015 Low Permeability Pad Change Request 10 and Digested
Solids Site Operating Plan
Heartland Biogas Facility
SW/WLD/HRE 2.2
Dear Mr. Potter:
The Colorado Department of Public Health and Environment ("CDPHE"), Hazardous Materials and Waste
Management Division ("Division") received the following letter response ("Letter Response") and attached
Digested Solids Site Operating Plan ("DSSOP") for the Heartland Biogas, LLC facility ("Facility") located at 19179
Weld County Road 49, Weld County, Colorado:
"Re: Response on Low Permeability Pad Change Request 10" prepared by AGPROfessionals, dated
November 9, 2015. This Letter included an attached "Digested Solids Site Operating Plan" dated
November 9, 2015. Both were received with a cover letter dated November 11, 2015.
Section 4A (page 34) of the Facility's approved Engineering Design and Operations Plan ("EDOP") includes the
following statement:
"A separate stand-alone low permeability pad Work Plan will be submitted under separate cover to the
Solid Waste Division of the CDPHE and WCDPHE for review and approval."
The DSSOP was submitted in response to the above -referenced requirement, to request implementation of a full-
scale pilot project, and in response to a Division comment letter dated July 23, 2015 "Comments on Low
Permeability Pad Change Request 10 Digested Solids Site Operating Plan". Once approved, the DSSOP will
become an EDOP revision that addresses the requirement for a stand-alone low permeability pad Work Plan. The
Division has reviewed the DSSOP and hereby approves it and the full-scale pilot project with the conditions
described herein.
Condition 1. Section 14.4.2(C) of the Solid Waste Regulations requires the EDOP to include site maps that
show surface water containment and control structures. Section 14.10.2.6(10) requires pilot project
information for stormwater run-on, run-off, and containment features supported by calculations. The DSSOP
figure(s) should show SPA surface contouring necessary for stormwater control. Additionally, as the footprint
of the SPA has changed from the footprint shown in the EDOP, the surface water control system design must
be updated pursuant to Sections 2.1.6 and 14.4.2(K) of the Solid Waste Regulations. Specifically, sites and
facilities must design, construct, and maintain: (a) a run-on control system to prevent flow onto the active
facility during the peak discharge from a 25 -year, 24 -hour storm, and (b) a run-off control system to (1)
Mr James Potter
Approval with Conditions. November 11, 2015 Low Permeability Pad Change Request 10 and Digested Solids Site Operating Plan
November 20, 2015
Page 2
collect the water volume resulting from a 25 -year, 24 -hour storm event, anc l2) control the water volume
resulting from a 100 -year, 24 -hour storm event. The updated stormwater control system design must be
submitted to the Division, approved by the Division, and implemented by the facility prior to placement of
digested solids in the SPA.
Condition 2. In accordance with the EDOP and the Divisions July 30, 2015 letter (attached), an updated
beneficial use determination is required. Page 2 of the DSSOP includes a provision that would allow digested
solids free liquid collected from the receiving pad to be used for hydration in the Solids Processing Area
(SPA) and oage 4 of the DSSOP includes a provision that would allow lagoon water to be used to control dust
in the SPA. Additionally. the Heartland Digested Solids Policy indicates "If the digested solids fail to meet
the requirements...Heartland Biogas will follow Alternative 5 PFRP option 1 the windrow composting
method...." Information is required to be collected during the pilot project to support a beneficial use
determination for the digested solids, digested solids free liquid, and lagoon water. In addition to the
information outlined in the DSSOP. the following testing criteria for the lagoon water, digested solids free
liquid, and digested solids will be collected and included in the pilot project closeout report:
• Lagoon water and digested solids free liquid application location information (required to be applied
within the Certificate of Designation boundary);
• Lagoon water and digested solids free liquid application purpose. Specify if used for hydration
purposes or if used for dust control purposes.
• Daily volume of lagoon water and digested solids free liquid application.
• Lagoon water application rates.
• Digested solids free liquid application rates.
• Nutrient analysis performed on digested solids (including analytical results from DSSOP proposed
sampling);
• Monthly nutrient analysis performed on lagoon water and digested solids free liquid, if used for
hydration or dust control purposes (include constituents in Groundwater Monitoring Plan Table 1 of
the Facility's EDOP)
• Quarterly nutrient analysis performed on at least two soil samples taken from the SPA area (include
constituents in Groundwater Monitoring Plan Table 1 of the Facility's EDOP)
As a note, the DSSOP Heartland Digested Solids Policy states "At this time, no approved regulation exists
governing the pathogenic and regulated pollutant standards for the digested solids generated by the
Heartland Biogas facility." Please note, regulations governing the pathogenic and regulated pollutant
criteria are available in Section 8 of the Regulations. The Division reserves the right to add additional
constituents to the testing criteria for the lagoon water and digested solids depending on the feedstocks
accepted for digestion. The facility is required to obtain Beneficial Use Designation, as described in the
EDOP and as discussed above. The Division encourages you to contact David Snapp (303-692-3425,
david.snapp@state.co.us) to answer any additional questions you may have regarding beneficial use.
Condition 3. The Heartland Digested Solids Policy is labeled "Draft" and "Proprietary to EDF Services". The
Heartland Digested Solids Policy must be finalized at the end of the DSSOP pilot project and must be
incorporated into a revised EDOP amendment for Division review and approval. The DSSOP, including the
draft Heartland Digested Solids Policy is considered an EDOP amendment and is part of the operating record,
which is available for public review. If the Facility's intent is to claim that the Heartland Digested Solids
Policy is Confidential Business Information, notify the Division of this intent and the Heartland Digested
Solids Policy will be reviewed to determine if it meets the Confidential Business Information legal criteria.
Condition 4. As the DSSOP is being submitted as a stand-alone document, for approval it must be sealed by a
Colorado -registered professional engineer or signed by a professional geologist pursuant to Section 14.4.1 of
the Solid Waste Regulations.
Condition 5. The DSSOP and satisfaction of the low permeability work pad requirement are considered a pilot
project. Continuance of operations as described in the DSSOP, as approved with conditions described in this
letter, are contingent on pilot project close-out report submittal and a revised EDOP amendment submittal
with Division review and approval of that revised EDOP amendment. In accordance with Section 14.10.3 of
Mr James Parer
advrw al air^.
Wive, nne' :C. 20)5
Page 3
•en're' ' • ?,yc _Cw Pern'eablirt: Pad Mange ReC uest. 10 anC 0rgesred Sal+d& S^e i%Oerar-nR Plat
the Regutarinrs the -e' seo =.DOP .unendment must be submitted within riflery '90i calendar cavr: 31 DU.ot
orojec- completion
%Ie a rote rat 'Nei i_�ll^t, 'nay Lhczse :0 impose additional '_ond'r,;oiic ffiarcitlg the TISSJI ' n ?(ii't rir'n r.
providing the information recurred in conditions and complying with the DSSOP. the faCiltp must comply with al;
•elevant federal state and local regulations. including but not limited to the requirements of the Division of
'Nate( Resources. the Water Quality Connor Division. and the Air Pollution Control Division.
Additionally. please note that in accordance with the EDOP, the Facility is permitted to accept waste grease. In
accordance with Section 18 of the Regulations. prior to waste grease is acceptance at the facility the facility
must register as a waste grease facility. Forms for waste grease facility registration are available at
https:riwww.colorado.gov/pacific/cd_phe!wasteitrease. Please contact Shana Baker (303.692.3305,
shana.bakerrastate-co.us) or Anna Rice (303.692.3459. anna.nce®state.co.usi for additional information
The Division is authorized to bill for its review of technical submittals at 5125 per hour. pursuant to Section 1 7
of the Solid Waste Regulations. An invoice for the Division's review of the subject documents will be sent under
separate cover
Should you have quest,ons, please contact r,eather Barbare at 303-692-6346 lemail
heather barbare®state.ce-usl or Jerry Henderson at 3C3 692 3455 (email jerrv.hendersorns'state_co.us).
Sincerely.
Heather Barbare
Environmental Protection Specialist
Solid Waste Permitting Unit
Hazardous Matenals and Waste Management Division
Jerry Henderson
Unit Leader
Solid Waste Permitting Unit
Hazardous Matenals and Waste Management Division
ec: Ron Davies EDF Renewable Energy
Darrel Lopez EDF Renewable Services
Chad Tevelde, P.E. AGPROtessionals
Tim Naylor AGPROtessionals
Bob Yost Al Organics
Curt Stovall. P E. - CDPHE, Solid Waste Permitting Unit
David Snapp CDPHE. Materials Management Unit Leader
Michael Bankoff CDPHE, Materials Management Unit
Shana Baker CDPHE. Matenals Management Unit
Anna Rice CDPHE. Materials Management Unit
Doug Ikenberry. P.E. CDPHE. Solid Waste Compliance Assurance Unit
Ben Frissell- WCDPHE
ATTACHMENTS
4A,. COLORADO
Department of Public
Health & Environment
Deduated to protecting and improving the health and enviro,nmen* of the people of Colorado
July 30. 2015
Mr, Jim Potter, President
AgEnergy USA, LLC
163 North Shore Rd
Hampton, NH 03842
RE: Conditional Approval -Beneficial Use of wastewater and Sediment from EDF Renewable Energy's
South Pond
SW•WLD-HRE 1.1
Mr Potter,
The Hazardous Matenats and Waste Management Division ("the Division") has reviewed the revised
beneficial use request ("the Revised BU Plan") submitted to the Division on July 29, 2O15 by
AGPROfessionals, LLC and determined that the land application of the mixture of wastewater,
generated from the digester, and sediment from the South Pond at the EDF Renewable Energy Facility
in La Salle. CO meets the minimum requirements for the beneficial use of a solid waste identified in
Section 8.6, Beneficial Use. of the Regutations Pertaining to Solid Waste Sites and Facilities, 6 CCR
1OO7-2. Part 1 ("the Solid Waste Regulations"). The Division's approval is based on the following
conditions:
1. The wastewater and sediment mixture will be applied at less than the evapotranspirat'en -ate:
2. The land application may not negatively impact groundwater;
3. The mixture will be applied at an agronomic rate;
4. The beneficial use must meet all other local, state and federal requirements: and
5. The local government must issue an approval for the beneficial use.
The final paragraph of the Revised BU Plan states:
"Local government approval does not need to be obtained, as the product being land applied is
manure, and agricultural waste (C.R.S. 3O.2O-1O1 (6)(b)(II)). The land application of
agricultural waste is not regulated by Weld County."
The Division has determined that waste generated from the digestion process is considered a solid
waste. The Solid Waste Regulations define an agricultural waste as:
"Agricultural wastes" means all solid wastes resulting from the raising of crops or animals on
land zoned agricultural by local requirements, including animal manures, that are returned to
the soils as fertilizer or soil conditioners. In addition, agricultural waste means all carcasses
and carcass by-products resulting from any mass livestock mortality that is the result of an all -
hazards event or depopulation ordered by the state veterinarian or other appropriately
designated authority.'
Waste generated from the anaerobic digester is considered digestate, or wastewater. The waste is not
generated as a result of raising animals, rather, the waste is generated as a result of anaerobic
4300 Cheesy Creek Drive E., Denver, CO 80246.1530 P 303.692.2000 www.cotorada.gov/clone
John 'N. Hickenl000er, Governor Lary{ wo1k. MD, MSPH, Executive Director ano Chief Medical Officer
digestion. The Division agrees that the land application of manure at agronomic rates is not subject
the Solid Waste Regulations, but wastewater and digestate are no longer manure.
The Division does not require local governments to accept the Division's beneficial use approvals. Each
local government reserves the right to concur or deny beneficial use determinations aoproved by the
Division and _very beneficial use of solid waste i5 subject to kocal government aporovat. The Division
must receive documentation from the local governing body stating that they approve of the use, or me
local governing body may state that they do not regulate the beneficial use for which an applicant is
seeking approval. This beneficial use approval is dependent on :he Division's receipt of local
government documentation and EDF may proceed with the approved beneficial use operations once the
Division receives concurrence from the local governing body.
The Division looks forward to working with you on a future beneficial use determination for the
digestate and other wastes generated during the methane generation process that may be beneficially
used.
Please contact David Snapp at 303-692-3425. ar david.snapp@state.co.us, if you have any question
regarding this letter.
David Snapp, l7'iit Leader
Materials Management Unit
Hazardous Materials and Waste Management
Division
4300 Cherry Creek Drive S., Denver, CC 80246-1530 P 303-692-2000 www coiorado.govicdpne
John W ryickeniooper. Governor Larry Wolk, MD, MSPµ. Executive Director and Chief Medical Officer
Appendix D
From: Bankoff - UPH Mi hael
To: Beahinith
Subject: Fwd: Soil amendment
Date: Monday, December 05, 2016 3:39:47 PM
Attachments: 160120 Pilot Start Date Email.odf
DSSOP Chanae Reauest 10 Resoonse Letter.odf
151120 HRE Conditional Aooroval DSSOP FINALodf
Hi Ben,
Not sure if you ever saw the email forwarded here that went out to Heartland back in
September clearly informing them that any off -site land application of the LSA without a
prior BUD or WQCD permit would be considered a violation. Considering this, as well as the
requirement for an updated BUD as stated in condition 2 of the November 20th 2015 letter
attached, we will be holding a case development meeting internally to evaluate the need for
an enforcement action. Thank you for the phone call today. It helped to put things into
perspective on how long this has been occurring and how clearly we had spelled it out to them
that off -site land application was not acceptable without a BUD or WQCD permit.
I'll let you know once I hear back from AgPro on a conference call.
Thanks.
- Mike
Michael Bankoff
Environmental Protection Specialist
Materials Management Unit
P 303 692.3438 I F 103 759 5115.
4300 Cherry Creek Drive South, Denver, CO 80246
michael.hanknff@state mug I hilw/iwww_coloradagovipacifiecthe
Forwarded message
From: Barbare - CDPHE, Heather <Jather_harharc a state_co_uq>
Date: Mon, Dec 5, 2016 at 2:21 PM
Subject: Fwd: Soil amendment
To: Michael Bankoff- CDPHE <irtichael.hankolia state.co. us
As requested.
See below.
Forwarded message
From: Barbare - CDPHE, Heather-heather.harbare@state.co.us>
Date: Thu. Sep 8.2016 at 10:38 AM
Subject: Soil amendment
To: Bob Yost c nhYostil alorganics_corn . Ralph Daley `ralph daley@edf-re.com>, Jim
Potter <jim potter@agenergyusa.com>
Bob, Ralph, and Jim
The Division has received information indicating that Heartland Biogas LLC has approached third parties regarding use of the
liquid waste generated at the facility as a soil amendment. As described in the Division's November 20, 2015 Conditional
Approval letter and the Division's July 30.2015 letter (attached), waste generated from the digestion process is considered
solid waste and water generated from the anaerobic digester is considered digestate, or wastewater. As indicated in the
November 20.2015 letter, for beneficial use of the digested solids free liquid and lagoon water, a beneficial use
determination is required. With the November 20, 2015 letter, the Division conditionally approved an engineering design and
operations plan modification and as documented in the Division's letter and electronic correspondence dated January 20, 2016
(attached). the Facility is currently conducting a year long pilot test that was initiated on January 19, 2015, where the Facility
is permitted to apply lagoon water and digested solids free liquid within the Facility's Certificate of Designation boundary
during the pilot test. Should the Facility wish to apply the digested solids free liquid/lagoon water outside -of -the -Certificate
of Designation boundary, the Facility is required to submit information (including site -specific application site information)
to the Division for beneficial use approval, where application of the waste at rates greater than evapotranspiration rate may be
considered a discharge to groundwater. which would require a permit from the Water Quality Control Division (WQCD)
Should the Facility apply liquid waste off -site without beneficial use approval or without a WQCD discharge permit, the
Division would consider this a violation of the Facility's EDOP and a violation of Colorado's solid waste laws. A beneficial
use determination can be obtained by contacting David Snapp or Michael Bankof (303-692-3438), and a WQCD discharge
permit application can be obtained by contacting the WQCD (303-692-35I'). Feel free to contact me with questions.
Heather Barbare, CHMM
Environmental Protection Specialist
Solid Waste Permitting Unit
Hazardous Materials Et Waste Management Division
e
P 303.692.6346 I F 303.759.5355
4300 Cherry Creek Drive South, Denver, Colorado 80246-1530
rteather.barbare®state.co.us I www.colorado.gov/cdphe/hni
Heather Barbare, CHMM
Environmental Protection Specialist
Solid Waste Permitting Unit
Hazardous Materials Et Waste Management Division
Colorado Department of Public Health & Environment
P 303.692.6346 I F 303.759.5355
4300 Cherry Creek Drive South, Denver, Colorado 80246.1530
freather.barbaretastate.co.us I www.colorado.gav/cdphe/furl
Appendix E
COLORADO
•
r. t r
7171
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when :re ..ropcsec prod__, Arras regl3tere• as a te'.i ._r-:erdner ." 21-3 iased t3,-, the l' al,T.aMtcr
cUiJrtnti„c4. '.0 tne qr! October 2016. T.2n _'1'/S ji,`r1 e L. 'irl'r:= '�.'lL�_i'?7 tt•_ Lr o;ll':�:! meet;
the Dvision's criteria 'Or aereficla. Use a5 defined ir'. Sertkr. ;3.6 ::
Yya$l? Sites and 'as iiitie!. S 'OCT 2, Part Cie Sc.d
;_:!l $j
plc ie�i.ic -ain. 11'{.?,•'-a_ic.. —.U:. �e :Ut('t1it :ed t: t: = i. ; _ ..r _ _ ";•.:;, Ji'. '
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:U(rmah/ t..J!?i rj',jec 'n the .t?net _''1.
N?='aLlr9 al. :. :.-e J:crot=r'r ..'ta 3°s = I.
Der-)rrd",ce..:'ii?eta, • iere ;u;rrvt ec : icw1r. '•t-?','.er .?it .-aterai i tee:'-nrmarc Par?crer t`'c are
sutatie Jr the 'r?:endec U_2. Secricf _.7 I - -. JI rite-_ _CUC N Ste Regulation, stag CBS.
'a r& :i'C: i .:e e','1.: tired it'rctri jn ?n :reerrng crethac/_ x . t: = 1::• :-Tr-,:c
rie•ar1f: ai•Q- 3iiCXLEi:., for -,'c e!'C
4300 Cherry Creek Drive S., Denver. CO 80246 S530 P 303 692 2000 www.culorado.gov;cdphe
Jahn W Hickenlooper Governor Larry Wolk. MO. Executive Director and Chief Medical Oftic•
Sm aaW9
ewenm«;I &e
maceraisM R % K
«arm
UPI er«
iestsAn:a
:2 2m- «a2a 9qe a as
Gr7m &aR.»GaOfes :cr.
Seri F%mt» rmn, Decartrnenc z wez ms.r
Ralph a F Gne «EeR,
SGr Hairic.n. EDF eriewableee«
cs-
i ars aQ «:U r
7 a tvkanac.S77tes
earns
4300 Cherri Creek Drive ;.Denver. CO 46.' P 303-692- .2CCO _m.mcra do. Rdpne
John W. Hickenloocer. Guvernor L ,waw MC.w E: »< Director edChief ,irk Officer
Heartland Biogas Digestate:Liquor
Comoosition
Cow?r e
M, ur� and =ood Basei` Digestate LiG=.,cr ............. . . 100%
Contains bieiogicaily stable organic matter and humus precursc_. It will ar_v'de molar::-_ and oromoco
soil microbial activity.
For use on field cops m agriculturally zoned land
Cue to nutrient content. use product analysis provided with this label to determine dilution rates and
total application rates for specific crops being irrigated. Product contains salt. sodium, chloride, eno
other elements which could be harmful to plants or animals consuming forage crops when used in
excess. May be applied any time of year, but dilute or rinse when applying over foliage Apply via drop
sprinkler or injection methods Follow industry best management practices for organic amendments.
Product may contain live microorganisms. Avoid contact with eyes, mouth, and broken skin. Do not
inhale product Wear eye and skin protection when handling. Wash hands after using. Product has not
been evaluated for use on vegetables.
Heartland Biogas, LLC
19179 Weld County Road 49
LaSalle, CO 80645
Appendix F
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Appendix G
1}1, -
iliVaa WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
December 7.2016
EDF Renewable Services
Attn: Jason Thomas
19179 Weld County Road 49
LaSalle, CO 80946
Subject: Heartland Biogas, Unapproved Land Application
Dear Mr. Thomas:
The Weld County Department of Public Health and Environment (WCDPHE) believes that the Heartland Biogas
facility is illegally disposing of waste through land application of the digested solids free liquid, and lagoon water.
The facility applied for and was granted a Beneficial Use Determination (BUD) for application of the wastewater
and sediment from the south pond as indicated in a CDPHE letter (Conditional Approval- Beneficial I?se of
Wastewater and Sediment from the EDF Renewable Energy's South Pond) dated July 30.2015 and approved by the
County in a July 30.2015 email to the CDPHE. However, a subsequent letter from the CDPHF. (Approval with
Conditions: November 11. 2015 Low Permeability Pad Change Request 10 and Digest Solids Site Operating Plan)
dated November 20. 2015 indicated that an updated [RD was required and that waste generated from the digestion
process was considered a solid waste and water generated from the anaerobic digestate was a wastewater. The
requirement to apply for a BUD with the CDPUF was again outlined in a September 8.2016 email from the State to
the facility andor their consultants. The facility submitted information to the CDPHE on October 7.2016
requesting a Beneficial Use Determination for the above mentioned wastes. In a letter from the CDHPE (Comments
Regarding Request for Beneficial Use Determination for Liquid Soil Amendment- Heartland Biogas. LLC) dated
November 4th. 2016 the CDPHE was unable to make a determination for the Beneficial Use and requested
additional information be provided. As part of the November 29.2016 inspection WCDPHE requested information
related to any off -site land applications. The facility provided a table (Heartland 2016 LSA Transfer for Land
Application) that outlined dates, loads. locations and barrels of waste applied. The table shows waste being taken
off -site for application as recently as of November 28, 2016. without a BUD approval or local governing body
approval. The County requests that the facility immediately cease applying waste off -site until the proper approval
is granted.
If you have any questions. please contact me at 970-400-2220.
Sincerely.
Ben Fussell
Environmental Health Specialist
WCDPHE. Environmental Health Services
cc:
Heather Barbaro, CDPHE
Doug Ikenberrv. CDPI-IF
HaNh Administration
Vital R4roords
Teie 970.304-6410
Fax. 970.304-6412
Pubic Nnfh i
Clinical Serves
TBie: 910.304-6420
Fox: 9°0.304-6416
Environmontol HsaNh
Services
rem& 9 '0.304.64'S
FOK 970-304 64;
Communication.
Education i Planning
reie 9'l-304.64'0
f'v 97.304 64`?
Emergency Preparedness
S. Response
i qie
FOx• 9r0 -304•e4' -
Public Health
Appendix H
�AgEnergyUSA
Laura Kellogg
VP Bus. Dev &Env Sell ices.
AgEnergv USA. LLC
350 I)anell Rd
Radnor. PA 19 087
April 29.2015
Ben Frissell
Environmental Health Specialist
Weld County Department of Public Health and Environment
1555 North 17th Ave. Greeley
RE: Heartland Biogas.1,1.C • IJSR Report
Mr. Frissell.
Attached is the IJSR required report as required by the Site Use By Special Revie\1
document for the Heartland Site.
Please let me know if you have any questions or comments. I can he reached at (61 0)
368-1053. or at laura.kellogg a agenergvusa.com.
With Regards.
/ , per•-- n_
Laura Kellogg
kr ley
cc Ralph Daley. Vice President
cc Jerome Lel hr. Asset Manager
cc: Jason Thomas. Plant Manager
Heartland Biogas, LLC
Heartland Biogas, LLC
Weld County 2015 USR Required Report
Site Location:
19179 Weld County Road 49
La Salle, CO 80645
Plant Manager:
Jason Thomas
Phone: 719-963-2740
4'; eDF
renewable energy
The Heartland Biogas, LLC Weld County Use By Special Review (USR) requires an
annual report to be submitted by May 1 of the subsequent year of operation. The
following states the reportable materials to include on the report:
Annual Volumes of
1. Materials received,
2. Wastes processed,
3. Solid waste shipped for disposal,
4. Material shipped for sale or disposal, and
5. Biogas flared in year
The tables below summarize the materials volumes noted above that were handled
at the site during 2015 where appropriate. Material receipt and flare usage is
divided into Phase IA and Phase IB receipt periods. Where appropriate Attachments
are noted and are contained in the pages following the table.
Items 1 and 2 - Materials Received and Processed
5 Materials Received and Processed (Detailed in AppendixA
Manure
(Ag Waste)
(Estimated
Gallons)
National Western
(GWT)
(Estimated
Gallons)
LePrino
(DAF)
(Estimated
Gallons)
Project Phase
7,608,000
0
0
Phase IA
17,265,000
746,331
124,146
Phase IB
Item 3 - Solid Waste Shipped for Disposal
No process solid waste was shipped offsite for disposal during 2015.
1
The EPC Constructor managed municipal waste consisting of construction debris
through roll -off usage during all of 2015. Incidental office waste was placed in the
roll -off containers as well.
Item 4 - Material shipped for sale or disposal
Liquid material under this category was shipped during Phase IA only. The liquid
material consisted of digested manure only, and was shipped to neighboring farmer
for use in the Farming process. The liquid material was not sold, and was shipped
free of charge.
Total Liquid Material Shipped: 35,000,000 gallons during 2015
Residual solids materials from the Lagoons, along with a small amount of residual
solids materials from the bottom of a Site substrate tank, were shipped to Al
Organic's Rattler Ridge Site. These solids were used for composting.
Total Solids Shipped: 2,912 Gallons/Cubic Yards during 2015
Item 5 - Biogas Flared In One Year
Table 2. 2015 Flare usage Phase IA and Phase lB (Detailed in A
Total Flare Throughput
Unit
Project Phase
27,964,790
SCF
Phase IA
36,128,100
SCF
Phase IB
2
Attachment A
Manure National Western LePrino
Date (Ag Waste) (GWT) (DAF)
(Estimated Gallons) (Estimated Gallons) (Estimated Gallons)
1/1/15 NA NA NA
1/2/15 78,000 NA NA
1/3/15 54,000 NA NA
1/4/15 48,000 NA NA
1/5/15 48,000 NA NA
1/6/15 96,000 NA NA
1/7/15 36,000 NA NA
1/8/15 48,000 NA NA
1/9/15 48,000 NA NA
1/10/15 60,000 NA NA
1/11/15 60,000 NA NA
1/12/15 48,000 NA NA
1/13/15 60,000 NA NA
1/14/15 60,000 NA NA
1/15/15 60,000 NA NA
1/16/15 60,000 NA NA
1/17/15 60,000 NA NA
1/18/15 60,000 NA NA
1/19/15 42,000 NA NA
1/20/15 60,000 NA NA
1/21/15 60,000 NA NA
1/22/15 60,000 NA NA
1/23/15 60,000 NA NA
1/24/15 60,000 NA NA
1/25/15 60,000 NA NA
1/26/15 60,000 NA NA
1/27/15 60,000 NA NA
1/28/15 60,000 NA NA
1/29/15 60,000 NA NA
1/30/15 60,000 NA NA
1/31/15 NA NA NA
2/1/15 60,000 NA NA
2/2/15 NA NA NA
2/3/15 120,000 NA NA
2/4/15 6,000 NA NA
2/5/15 72,000 NA NA
2/6/15 60,000 NA NA
Project Phase
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
1
Manure National Western LePrino
Date (Ag Waste) (GWT) (DAF)
(Estimated Gallons) (Estimated Gallons) (Estimated Gallons)
2/7/15 60,000 NA NA
2/8/15 60,000 NA NA
2/9/15 60,000 NA NA
2/10/15 60,000 NA NA
2/11/15 60,000 NA NA
2/12/15 60,000 NA NA
2/13/15 60,000 NA NA
2/14/15 60,000 NA NA
2/15/15 60,000 NA NA
2/16/15 30,000 NA NA
2/17/15 60,000 NA NA
2/18/15 60,000 NA NA
2/19/15 NA NA NA
2/20/15 60,000 NA NA
2/21/15 60,000 NA NA
2/22/15 54,000 NA NA
2/23/15 60,000 NA NA
2/24/15 60,000 NA NA
2/25/15 60,000 NA NA
2/26/15 60,000 NA NA
2/27/15 60,000 NA NA
2/28/15 60,000 NA NA
3/1/15 60,000 NA NA
3/2/15 60,000 NA NA
3/3/15 60,000 NA NA
3/4/15 60,000 NA NA
3/5/15 60,000 NA NA
3/6/15 60,000 NA NA
3/7/15 12,000 NA NA
3/8/15 NA NA NA
3/9/15 NA NA NA
3/10/15 60,000 NA NA
3/11/15 60,000 NA NA
3/12/15 42,000 NA NA
3/13/15 NA NA NA
3/14/15 60,000 NA NA
3/15/15 NA NA NA
3/16/15 60,000 NA NA
3/17/15 NA NA NA
Project Phase
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
2
Manure National Western LePrino
Date (Ag Waste) (GWT) (DAF)
(Estimated Gallons) (Estimated Gallons) (Estimated Gallons)
3/18/15 60,000 NA NA
3/19/15 NA NA NA
3/20/15 60,000 NA NA
3/21/15 60,000 NA NA
3/22/15 NA NA NA
3/23/15 54,000 NA NA
3/24/15 NA NA NA
3/25/15 60,000 NA NA
3/26/15 NA NA NA
3/27/15 60,000 NA NA
3/28/15 NA NA NA
3/29/15 60,000 NA NA
3/30/15 60,000 NA NA
3/31/15 60,000 NA NA
4/1/15 60,000 NA NA
4/2/15 60,000 NA NA
4/3/15 60,000 NA NA
4/4/15 60,000 NA NA
4/5/15 60,000 NA NA
4/6/15 60,000 NA NA
4/7/15 60,000 NA NA
4/8/15 60,000 NA NA
4/9/15 60,000 NA NA
4/10/15 60,000 NA NA
4/11/15 60,000 NA NA
4/12/15 60,000 NA NA
4/13/15 60,000 NA NA
4/14/15 60,000 NA NA
4/15/15 60,000 NA NA
4/16/15 60,000 NA NA
4/17/15 60,000 NA NA
4/18/15 60,000 NA NA
4/19/15 60,000 NA NA
4/20/15 60,000 NA NA
4/21/15 60,000 NA NA
4/22/15 60,000 NA NA
4/23/15 60,000 NA NA
4/24/15 NA NA NA
4/25/15 60,000 NA NA
Project Phase
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
3
Manure National Western LePrino
Date (Ag Waste) (GWT) (OAF)
(Estimated Gallons) (Estimated Gallons) (Estimated Gallons)
4/26/15 NA NA NA
4/27/15 60,000 NA NA
4/28/15 NA NA NA
4/29/15 60,000 NA NA
4/30/15 60,000 NA NA
5/1/15 60,000 NA NA
5/2/15 60,000 NA NA
5/3/15 60,000 NA NA
5/4/15 60,000 NA NA
5/5/15 60,000 NA NA
5/6/15 60,000 NA NA
5/7/15 60,000 NA NA
5/8/15 60,000 NA NA
5/9/15 60,000 NA NA
5/10/15 60,000 NA NA
5/11/15 60,000 NA NA
5/12/15 60,000 NA NA
5/13/15 60,000 NA NA
5/14/15 60,000 NA NA
5/15/15 60,000 NA NA
5/16/15 60,000 NA NA
5/17/15 60,000 NA NA
5/18/15 60,000 NA NA
5/19/15 60,000 NA NA
5/20/15 60,000 NA NA
5/21/15 60,000 NA NA
5/22/15 60,000 NA NA
5/23/15 60,000 NA NA
5/24/15 NA NA NA
5/25/15 60,000 NA NA
5/26/15 NA NA NA
5/27/15 60,000 NA NA
5/28/15 12,000 NA NA
5/29/15 60,000 NA NA
5/30/15 NA NA NA
5/31/15 NA NA NA
6/1/15 NA NA NA
6/2/15 NA NA NA
6/3/15 NA NA NA
Project Phase
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
4
Date
6/4/15
6/5/15
6/6/15
6/7/15
6/8/15
6/9/15
6/10/15
6/11/15
6/12/15
6/13/15
6/14/15
6/15/15
6/16/15
6/17/15
6/18/15
6/19/15
6/20/15
6/21/15
6/22/15
6/23/15
6/24/15
6/25/15
6/26/15
6/27/15
6/28/15
6/29/15
6/30/15
7/1/15
7/2/15
7/3/15
7/4/15
7/5/15
7/6/15
7/7/15
7/8/15
7/9/15
7/10/15
7/11/15
7/12/15
Manure National Western LePrino
(Ag Waste) (GWT) (DAF)
(Estimated Gallons) (Estimated Gallons) (Estimated Gallons)
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
NA NA NA
Project Phase
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
S
Manure National Western LePrino
Date (Ag Waste) (GWT) (DAF)
(Estimated Gallons) (Estimated Gallons) (Estimated Gallons)
7/13/15 NA NA NA
7/14/15 NA NA NA
7/15/15 NA NA NA
7/16/15 NA NA NA
7/17/15 NA NA NA
7/18/15 NA NA NA
7/19/15 NA NA NA
7/20/15 NA NA NA
7/21/15 NA NA NA
7/22/15 NA NA NA
7/23/15 NA NA NA
7/24/15 NA NA NA
7/25/15 NA NA NA
7/26/15 NA NA NA
7/27/15 120,000 NA NA
7/28/15 102,000 NA NA
7/29/15 120,000 NA NA
7/30/15 99,000 NA NA
7/31/15 120,000 NA NA
8/1/15 60,000 NA NA
8/2/15 84,000 NA NA
8/3/15 120,000 NA NA
8/4/15 120,000 NA NA
8/5/15 96,000 NA NA
8/6/15 108,000 NA NA
8/7/15 90,000 NA NA
8/8/15 120,000 NA NA
8/9/15 120,000 NA NA
8/10/15 120,000 NA NA
8/11/15 120,000 NA NA
8/12/15 60,000 NA NA
8/13/15 120,000 NA NA
8/14/15 120,000 NA NA
8/15/15 114,000 NA NA
8/16/15 120,000 NA NA
8/17/15 120,000 NA NA
8/18/15 120,000 NA NA
8/19/15 108,000 NA NA
8/20/15 120,000 NA NA
Project Phase
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IA
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
6
Manure National Western LePrino
Date (Ag Waste) (GWT) (DAF)
(Estimated Gallons) (Estimated Gallons) (Estimated Gallons)
8/21/15 120,000 NA NA
8/22/15 120,000 NA NA
8/23/15 120,000 NA NA
8/24/15 120,000 NA NA
8/25/15 120,000 NA NA
8/26/15 120,000 NA NA
8/27/15 120,000 NA NA
8/28/15 120,000 NA NA
8/29/15 120,000 NA NA
8/30/15 NA NA NA
8/31/15 120,000 NA NA
9/1/15 120,000 NA NA
9/2/15 120,000 NA NA
9/3/15 120,000 NA NA
9/4/15 120,000 NA NA
9/5/15 120,000 NA NA
9/6/15 120,000 NA NA
9/7/15 120,000 NA NA
9/8/15 120,000 NA NA
9/9/15 114,000 NA NA
9/10/15 120,000 NA NA
9/11/15 108,000 NA NA
9/12/15 102,000 NA NA
9/13/15 120,000 NA NA
9/14/15 114,000 NA NA
9/15/15 120,000 NA NA
9/16/15 120,000 NA NA
9/17/15 120,000 NA NA
9/18/15 120,000 NA NA
9/19/15 120,000 NA NA
9/20/15 120,000 NA NA
9/21/15 120,000 NA NA
9/22/15 120,000 NA NA
9/23/15 120,000 NA NA
9/24/15 120,000 NA NA
9/25/15 102,000 NA NA
9/26/15 114,000 NA NA
9/27/15 78,000 NA NA
9/28/15 120,000 NA NA
Project Phase
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
7
Manure National Western LePrino
Date (Ag Waste) (GWT) (DAF)
(Estimated Gallons) (Estimated Gallons) (Estimated Gallons)
9/29/15 108,000 NA NA
9/30/15 84,000 NA NA
10/1/15 96,000 NA NA
10/2/15 120,000 NA NA
10/3/15 120,000 NA NA
10/4/15 120,000 NA NA
10/5/15 120,000 NA NA
10/6/15 120,000 NA NA
10/7/15 102,000 NA NA
10/8/15 120,000 NA NA
10/9/15 120,000 6,367 NA
10/10/15 120,000 5,067 NA
10/11/15 102,000 NA NA
10/12/15 120,000 9,454 NA
10/13/15 120,000 NA NA
10/14/15 108,000 5,079 NA
10/15/15 120,000 5,395 NA
10/16/15 120,000 4,528 NA
10/17/15 84,000 5,721 NA
10/18/15 54,000 NA NA
10/19/15 120,000 NA NA
10/20/15 102,000 NA NA
10/21/15 72,000 7,415 NA
10/22/15 120,000 6,510 NA
10/23/15 96,000 NA NA
10/24/15 108,000 5,333 NA
10/25/15 72,000 NA NA
10/26/15 120,000 23,728 NA
10/27/15 114,000 3,767 NA
10/28/15 60,000 NA NA
10/29/15 120,000 6,085 NA
10/30/15 108,000 NA NA
10/31/15 120,000 NA NA
11/1/15 108,000 NA NA
11/2/15 96,000 NA NA
11/3/15 120,000 4,354 NA
11/4/15 96,000 4,587 NA
11/5/15 120,000 5,728 NA
11/6/15 120,000 5,749 NA
Project Phase
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
8
Manure National Western LePrino
Date (Ag Waste) (GWT) (DAF) Project Phase
(Estimated Gallons) (Estimated Gallons) (Estimated Gallons)
11/7/15 108,000 NA NA Phase IB
11/8/15 30,000 NA NA Phase IB
11/9/15 120,000 NA NA Phase IB
11/10/15 108,000 4,051 NA Phase IB
11/11/15 72,000 NA NA Phase IB
11/12/15 108,000 NA NA Phase IB
11/13/15 102,000 NA NA Phase IB
11/14/15 78,000 NA 10,644 Phase IB
11/15/15 120,000 NA NA Phase IB
11/16/15 120,000 NA 5,200 Phase IB
11/17/15 120,000 5,379 4,956 Phase IB
11/18/15 120,000 NA 5,418 Phase IB
11/19/15 120,000 NA NA Phase IB
11/20/15 90,000 NA NA Phase IB
11/21/15 102,000 NA NA Phase IB
11/22/15 114,000 NA NA Phase IB
11/23/15 120,000 NA NA Phase IB
11/24/15 120,000 NA NA Phase IB
11/25/15 84,000 NA NA Phase IB
11/26/15 114,000 NA NA Phase IB
11/27/15 84,000 NA NA Phase IB
11/28/15 120,000 NA NA Phase IB
11/29/15 84,000 NA NA Phase IB
11/30/15 120,000 15,713 5,431 Phase IB
12/1/15 120,000 15,449 NA Phase IB
12/2/15 114,000 22,097 NA Phase IB
12/3/15 120,000 21,967 NA Phase IB
12/4/15 120,000 21,967 11,213 Phase IB
12/5/15 108,000 5,559 4,305 Phase IB
12/6/15 180,000 NA NA Phase IB
12/7/15 120,000 21,967 5,677 Phase IB
12/8/15 180,000 41,667 NA Phase IB
12/9/15 120,000 44,864 5,464 Phase IB
12/10/15 108,000 39,915 4,933 Phase IB
12/11/15 120,000 46,097 4,428 Phase IB
12/12/15 90,000 15,992 5,623 Phase IB
12/13/15 72,000 NA NA Phase IB
12/14/15 102,000 26,315 10,095 Phase IB
12/15/15 54,000 11,564 NA Phase IB
9
Date
12/16/15
12/17/15
12/18/15
12/19/15
12/20/15
12/21/15
12/22/15
12/23/15
12/24/15
12/25/15
12/26/15
12/27/15
12/28/15
12/29/15
12/30/15
12/31/15
TOTAL
TOTAL
Manure
(Ag Waste)
(Estimated Gallons)
102,000
84,000
84,000
120,000
120,000
120,000
120,000
108,000
120,000
60,000
102,000
120,000
102,000
120,000
120,000
114,000
7,608,000
17,265,000
National Western LePrino
(GWT) (DAF)
(Estimated Gallons) (Estimated Gallons)
22,626 5,562
27,195 NA
32,085 5,205
6,085 5,405
NA NA
33,049 5,054
45,787 4,823
36,108 NA
28,682 4,351
NA NA
NA 362
NA NA
22,710 4,928
16,574 5,069
NA NA
NA NA
0 0
746,331 124,146
Project Phase
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IB
Phase IA
Phase IB
10
Appendix B
Phase IA
Source: Daily Reports and End of
September, October and November Quoted
Accumulated Total: 27,694,790 scf from Plant Manager.
Phase IB
Total:
36,128,000
scf
Source: Quoted from Plant Manager, no
continuous flow for Phase IB in 2015 due to
Startup.
Date
Project Phase
Accumulated Total
(SCF)
% Increase From
Previous Reading
Flare Throughput
(SCFD)
12/31/14
Phase IA
22,301,060
1/1/15
Phase IA
22,301,070
0.00004%
10
1/2/15
Phase IA
22,301,070
0.00000%
0
1/3/15
Phase IA
22,301,070
0.00000%
0
1/4/15
Phase IA
22,301,100
0.00013%
30
1/5/15
Phase IA
22,301,100
0.00000%
0
1/6/15
Phase IA
22,301,150
0.00022%
50
1/7/15
Phase IA
22,301,150
0.00000%
0
1/8/15
Phase IA
22,303,960
0.01260%
2,810
1/9/15
Phase IA
22,303,960
0.00000%
0
1/10/15
Phase IA
22,303,960
0.00000%
0
1/11/15
Phase IA
22,303,970
0.00004%
10
1/12/15
Phase IA
22,303,980
0.00004%
10
1/13/15
Phase IA
22,303,980
0.00000%
0
1/14/15
Phase IA
22,304,350
0.00166%
370
1/15/15
Phase IA
22,304,350
0.00000%
0
1/16/15
Phase IA
22,304,360
0.00004%
10
1/17/15
Phase IA
22,304,360
0.00000%
0
1/18/15
Phase IA
22,304,360
0.00000%
0
1/19/15
Phase IA
22,304,360
0.00000%
0
1/20/15
Phase IA
22,319,420
0.06747%
15,060
1/21/15
Phase IA
22,319,420
0.00000%
0
1/22/15
Phase IA
22,319,420
0.00000%
0
1/23/15
Phase IA
22,319,420
0.00000%
0
1/24/15
Phase IA
22,319,420
0.00000%
0
1/25/15
Phase IA
22,319,420
0.00000%
0
1/26/15
Phase IA
22,328,930
0.04259%
9,510
1/27/15
Phase IA
22,342,550
0.06096%
13,620
1/28/15
Phase IA
22,342,560
0.00004%
10
1/29/15
Phase IA
22,342,560
0.00000%
0
1/30/15
Phase IA
22,346,470
0.01750%
3,910
1/31/15
Phase IA
22,346,470
0.00000%
0
2/1/15
Phase IA
22,356,990
0.04705%
10,520
2/2/15
Phase IA
22,361,200
0.01883%
4,210
2/3/15
Phase IA
22,361,200
0.00000%
0
2/4/15
Phase IA
22,361,200
0.00000%
0
2/5/15
Phase IA
22,374,360
0.05882%
13,160
2/6/15
Phase IA
22,374,360
0.00000%
0
2/7/15
Phase IA
22,374,360
0.00000%
0
1
Date
Project Phase
Accumulated Total
(SCF)
% Increase From
Previous Reading
Flare Throughput
(SCFD)
2/8/15
Phase IA
22,396,760
0.10001%
22,400
2/9/15
Phase IA
22,406,300
0.04258%
9,540
2/10/15
Phase IA
22,409,060
0.01232%
2,760
2/11/15
Phase IA
22,409,070
0.00004%
10
2/12/15
Phase IA
22,412,140
0.01370%
3,070
2/13/15
Phase IA
22,414,150
0.00897%
2,010
2/14/15
Phase IA
22,414,150
0.00000%
0
2/15/15
Phase IA
22,414,150
0.00000%
0
2/16/15
Phase IA
22,414,240
0.00040%
90
2/17/15
Phase IA
22,414,240
0.00000%
0
2/18/15
Phase IA
22,423,690
0.04214%
9,450
2/19/15
Phase IA
22,423,690
0.00000%
0
2/20/15
Phase IA
22,423,690
0.00000%
0
2/21/15
Phase IA
22,441,640
0.07999%
17,950
2/22/15
Phase IA
22,441,640
0.00000%
0
2/23/15
Phase IA
22,441,640
0.00000%
0
2/24/15
Phase IA
22,441,650
0.00004%
10
2/25/15
Phase IA
22,461,200
0.08704%
19,550
2/26/15
Phase IA
22,461,200
0.00000%
0
2/27/15
Phase IA
22,461,290
0.00040%
90
2/28/15
Phase IA
22,461,290
0.00000%
0
3/1/15
Phase IA
22,461,290
0.00000%
0
3/2/15
Phase IA
22,461,400
0.00049%
110
3/3/15
Phase IA
22,461,400
0.00000%
0
3/4/15
Phase IA
22,477,990
0.07381%
16,590
3/5/15
Phase IA
22,478,020
0.00013%
30
3/6/15
Phase IA
22,478,040
0.00009%
20
3/7/15
Phase IA
22,487,260
0.04100%
9,220
3/8/15
Phase IA
22,487,270
0.00004%
10
3/9/15
Phase IA
22,487,280
0.00004%
10
3/10/15
Phase IA
22,487,290
0.00004%
10
3/11/15
Phase IA
22,541,450
0.24027%
54,160
3/12/15
Phase IA
22,541,460
0.00004%
10
3/13/15
Phase IA
22,541,470
0.00004%
10
3/14/15
Phase IA
22,547,020
0.02462%
5,550
3/15/15
Phase IA
22,547,030
0.00004%
10
3/16/15
Phase IA
22,549,760
0.01211%
2,730
3/17/15
Phase IA
22,549,760
0.00000%
0
3/18/15
Phase IA
22,549,760
0.00000%
0
3/19/15
Phase IA
22,549,760
0.00000%
0
3/20/15
Phase IA
22,552,750
0.01326%
2,990
3/21/15
Phase IA
22,610,810
0.25678%
58,060
3/22/15
Phase IA
22.610,810
0.00000%
0
3/23/15
Phase IA
22,637,710
0.11883%
26,900
3/24/15
Phase IA
22,672,880
0.15512%
35,170
3/25/15
Phase IA
22,683,390
0.04633%
10,510
3/26/15
Phase IA
22,683,390
0.00000%
0
3/27/15
Phase IA
22,683,400
0.00004%
10
2
Date
Project Phase
Accumulated Total
(SCF)
% Increase From
Previous Reading
Flare Throughput
(SCFD)
3/28/15
Phase IA
22,683,410
0.00004%
10
3/29/15
Phase IA
22,825,990
0.62464%
142,580
3/30/15
Phase IA
22,826,000
0.00004%
10
3/31/15
Phase IA
22,826,000
0.00000%
0
4/1/15
Phase IA
22,891,800
0.28744%
65,800
4/2/15
Phase IA
22,891,800
0.00000%
0
4/3/15
Phase IA
22,935,240
0.18940%
43,440
4/4/15
Phase IA
22,971,910
0.15963%
36,670
4/5/15
Phase IA
23,064,960
0.40343%
93,050
4/6/15
Phase IA
23,066,060
0.00477%
1,100
4/7/15
Phase IA
23,073,500
0.03224%
7,440
4/8/15
Phase IA
23,090,300
0.07276%
16,800
4/9/15
Phase IA
23,165,940
0.32651%
75,640
4/10/15
Phase IA
23,177,770
0.05104%
11,830
4/11/15
Phase IA
23,177,770
0.00000%
0
4/12/15
Phase IA
23,177,790
0.00009%
20
4/13/15
Phase IA
23,178.060
0.00116%
270
4/14/15
Phase IA
23,200,720
0.09767%
22,660
4/15/15
Phase IA
23,206,650
0.02555%
5,930
4/16/15
Phase IA
23,206,650
0.00000%
0
4/17/15
Phase IA
23,206,660
0.00004%
10
4/18/15
Phase IA
23,206,680
0.00009%
20
4/19/15
Phase IA
23,210,700
0.01732%
4,020
4/20/15
Phase IA
23,215,360
0.02007%
4,660
4/21/15
Phase IA
23,219,480
0.01774%
4,120
4/22/15
Phase IA
23,225,800
0.02721%
6.320
4/23/15
Phase IA
23,225,800
0.00000%
0
4/24/15
Phase IA
23,225,800
0.00000%
0
4/25/15
Phase IA
23,228,050
0.00969%
2,250
4/26/15
Phase IA
23,228,080
0.00013%
30
4/27/15
Phase IA
23,228,090
0.00004%
10
4/28/15
Phase IA
23,330,080
0.43716%
101,990
4/29/15
Phase IA
23,253,930
-0.32747%
0
4/30/15
Phase IA
23,253,930
0.00000%
0
5/1/15
Phase IA
23,253,930
0.00000%
0
5/2/15
Phase IA
23,407,790
0.65730%
153,860
5/3/15
Phase IA
23,407,800
0.00004%
10
5/4/15
Phase IA
23,407,810
0.00004%
10
5/5/15
Phase IA
23,410,570
0.01179%
2,760
5/6/15
Phase IA
23,426,660
0.06868%
16,090
5/7/15
Phase IA
23,426,670
0.00004%
10
5/8/15
Phase IA
23,428,210
0.00657%
1,540
5/9/15
Phase IA
23,432,040
0.01635%
3,830
5/10/15
Phase IA
23,432,040
0.00000%
0
5/11/15
Phase IA
23,492,660
0.25804%
60,620
5/12/15
Phase IA
23,496,800
0.01762%
4,140
5/13/15
Phase IA
23,496,820
0.00009%
20
5/14/15
Phase IA
23,496,820
0.00000%
0
3
Date
Project Phase
Accumulated Total
(SCF)
% Increase From
Previous Reading
Flare Throughput
(SCFD)
5/15/15
Phase IA
23,500,220
0.01447%
3,400
5/16/15
Phase IA
23,502,430
0.00940%
2,210
5/17/15
Phase IA
23,504,230
0.00766%
1,800
5/18/15
Phase IA
23,506,530
0.00978%
2,300
5/19/15
Phase IA
23,506,550
0.00009%
20
5/20/15
Phase IA
23,506,560
0.00004%
10
5/21/15
Phase IA
23,506,560
0.00000%
0
5/22/15
Phase IA
23,506,560
0.00000%
0
5/23/15
Phase IA
23,514,350
0.03313%
7,790
5/24/15
Phase IA
23,514,930
0.00247%
580
5/25/15
Phase IA
23,514,940
0.00004%
10
5/26/15
Phase IA
23,514,950
0.00004%
10
5/27/15
Phase IA
23,515,880
0.00395%
930
5/28/15
Phase IA
23,522,680
0.02891%
6,800
5/29/15
Phase IA
23,522,690
0.00004%
10
5/30/15
Phase IA
23,522,700
0.00004%
10
5/31/15
Phase IA
23,523,590
0.00378%
890
6/1/15
Phase IA
23,541,400
0.07565%
17,810
6/2/15
Phase IA
23,545,120
0.01580%
3,720
6/3/15
Phase IA
23,549,090
0.01686%
3,970
6/4/15
Phase IA
23,549,100
0.00004%
10
6/5/15
Phase IA
23,549,110
0.00004%
10
6/6/15
Phase IA
23,551,330
0.00943%
2,220
6/7/15
Phase IA
23,551,340
0.00004%
10
6/8/15
Phase IA
23,553,150
0.00768%
1,810
6/9/15
Phase IA
23,553,710
0.00238%
560
6/10/15
Phase IA
23,553,790
0.00034%
80
6/11/15
Phase IA
23,553,790
0.00000%
0
6/12/15
Phase IA
23,558,420
0.01965%
4,630
6/13/15
Phase IA
23,714,800
0.65942%
156,380
6/14/15
Phase IA
23,714,800
0.00000%
0
6/15/15
Phase IA
23,775,540
0.25547%
60,740
6/16/15
Phase IA
23,775,540
0.00000%
0
6/17/15
Phase IA
23,775,540
0.00000%
0
6/18/15
Phase IA
23,995,250
0.91564%
219,710
6/19/15
Phase IA
23,995,260
0.00004%
10
6/20/15
Phase IA
24,005,340
0.04199%
10,080
6/21/15
Phase IA
24,005,350
0.00004%
10
6/22/15
Phase IA
24,093,550
0.36607%
88,200
6/23/15
Phase IA
24,096,230
0.01112%
2,680
6/24/15
Phase IA
24,160,900
0.26766%
64,670
6/25/15
Phase IA
24,242,680
0.33734%
81,780
6/26/15
Phase IA
24,242,680
0.00000%
0
6/27/15
Phase IA
24,495,520
1.03219%
252,840
6/28/15
Phase IA
24,495,530
0.00004%
10
6/29/15
Phase IA
24,495,530
0.00000%
0
6/30/15
Phase IA
24,595,550
0.40666%
100,020
7/1/15
Phase IA
24,595,670
0.00049%
120
4
Date
Project Phase
Accumulated Total
(SCF)
% Increase From
Previous Reading
Flare Throughput
(SCFD)
7/2/15
Phase IA
24,626,560
0.12543%
30,890
7/3/15
Phase IA
24,707,380
0.32711%
80,820
7/4/15
Phase IA
24,707,390
0.00004%
10
7/5/15
Phase IA
24,707,400
0.00004%
10
7/6/15
Phase IA
24,710,140
0.01109%
2,740
7/7/15
Phase IA
24,710,150
0.00004%
10
7/8/15
Phase IA
24,710,160
0.00004%
10
7/9/15
Phase IA
24,710,160
0.00000%
0
7/10/15
Phase IA
24,710,160
0.00000%
0
7/11/15
Phase IA
24,888,090
0.71492%
177,930
7/12/15
Phase IA
24,911,340
0.09333%
23,250
7/13/15
Phase IA
24,917,270
0.02380%
5,930
7/14/15
Phase IA
24,962,530
0.18131%
45,260
7/15/15
Phase IA
24,962,540
0.00004%
10
7/16/15
Phase IA
24,962,540
0.00000%
0
7/17/15
Phase IA
24,962,540
0.00000%
0
7/18/15
Phase IA
24,962,550
0.00004%
10
7/19/15
Phase IA
24,997,500
0.13981%
34,950
7/20/15
Phase IA
24,997,510
0.00004%
10
7/21/15
Phase IA
24,999,490
0.00792%
1,980
7/22/15
Phase IA
24,999,500
0.00004%
10
7/23/15
Phase IA
24,999,510
0.00004%
10
7/24/15
Phase IA
25,001,410
0.00760%
1,900
7/25/15
Phase IA
25,001,420
0.00004%
10
7/26/15
Phase IA
25,001,430
0.00004%
10
7/27/15
Phase IA
25,004,880
0.0 1380%
3,450
7/28/15
Phase IA
25,010.180
0.02119%
5,300
7/29/15
Phase IA
25,016,190
0.02402%
6,010
7/30/15
Phase IA
25,046,630
0.12153%
30,440
7/31/15
Phase IA
25,056,160
0.03803%
9,530
8/1/15
Phase IA
25,110,710
0.21724%
54,550
8/2/15
Phase IA
25,166,000
0.21970%
55,290
8/3/15
Phase IA
25,194,190
0.11189%
28,190
8/4/15
Phase IA
25,334,010
0.55191%
139,820
8/5/15
Phase IA
25,415,210
0.31949%
81,200
8/6/15
Phase IA
25,552,220
0.53620%
137,010
8/7/15
Phase IA
25,552,720
0.00196%
500
8/8/15
Phase IA
25,738,110
0.72029%
185,390
8/9/15
Phase IA
25,967,510
0.88341%
229,400
8/10/15
Phase IA
26,171,910
0.78099%
204,400
8/11/15
Phase IA
26,239,660
0.25820%
67,750
8/12/15
Phase IA
26,422,630
0.69247%
182,970
8/13/15
Phase IA
26,422,630
0.00000%
0
8/14/15
Phase IA
26,677,880
0.95679%
255,250
8/15/15
Phase IA
26,877,950
0.74436%
200,070
8/16/15
Phase IA
27,074,650
0.72651%
196,700
8/17/15
Phase IA
27,275,730
0.73721%
201,080
8/18/15
Phase IA
27,477,110
0.73290%
201,380
5
Date
Project Phase
Accumulated Total
(SCF)
% Increase From
Previous Reading
Flare Throughput
(SCFD)
8/19/15
Phase IA
27,677,310
0.72334%
200,200
8/20/15
Phase IA
27,677,310
0.00000%
0
8/21/15
Phase IA
28,058,210
1.35753%
380,900
8/22/15
Phase IA
28,226,800
0.59727%
168,590
8/23/15
Phase IA
28,226,800
0.00000%
0
8/24/15
Phase IA
28,569,900
1.20091%
343,100
8/25/15
Phase IA
28,733,470
0.56927%
163,570
8/26/15
Phase IA
29,029,900
1.02112%
296,430
8/27/15
Phase IA
29,365,020
1.14122%
335,120
8/28/15
Phase IA
29,658,480
0.98946%
293,460
8/29/15
Phase IA
29,859,680
0.67382%
201,200
8/30/15
Phase IA
30,440,200
1.90708%
580,520
8/31/15
Phase IA
30,440,200
0.00000%
0
9/1/15
Phase IA
30,781,850
1.10991%
341,650
9/2/15
Phase IA
31,130,540
1.12009%
348,690
9/3/15
Phase IA
31,130,540
0.00000%
0
9/4/15
Phase IA
31,130,540
0.00000%
0
9/5/15
Phase IA
31,130,540
0.00000%
0
9/6/15
Phase IA
32,848,230
5.22917%
1,717,690
9/7/15
Phase IA
33,213,850
1.10081%
365,620
9/8/15
Phase IA
33,213,850
0.00000%
0
9/9/15
Phase IA
33,931,330
2.11451%
717,480
9/10/15
Phase IA
33,931,330
0.00000%
0
9/11/15
Phase IA
33,931,330
0.00000%
0
9/12/15
Phase IA
33,931,330
0.00000%
0
9/13/15
Phase IA
34,860,920
2.66657%
929,590
9/14/15
Phase IA
34,860,920
0.00000%
0
9/15/15
Phase IA
35,281,310
1.19154%
420,390
9/16/15
Phase IA
35,461,430
0.50793%
180,120
9/17/15
Phase IA
35,461,430
0.00000%
0
9/18/15
Phase IA
35,990,200
1.46921%
528,770
9/19/15
Phase IA
35,990,200
0.00000%
0
9/20/15
Phase IA
35,990,200
0.00000%
0
9/21/15
Phase IA
36,774,790
2.13350%
784,590
9/22/15
Phase IA
37,492,580
1.91449%
717,790
9/23/15
Phase IA
37,492,580
0.00000%
0
9/24/15
Phase IA
37,492,580
0.00000%
0
9/25/15
Phase IA
38,148,310
1.71890%
655,730
9/26/15
Phase IA
38,148,310
0.00000%
0
9/27/15
Phase IA
38,885.020
1.89459%
736,710
9/28/15
Phase IA
No Daily Data
No Daily Data
734,350
9/29/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
9/30/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/1/15
Phase IA
No Daily Data
No Daily Data
9,384,470
10/2/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/3/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/4/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/5/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
6
Date
Project Phase
Accumulated Total
(SCF)
% Increase From
Previous Reading
Flare Throughput
(SCFD)
10/6/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/7/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/8/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/9/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/10/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/11/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/12/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/13/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/14/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/15/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/16/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/17/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/18/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/19/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/20/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/21/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/22/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/23/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/24/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/25/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/26/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/27/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/28/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/29/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/30/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
10/31/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/1/15
Phase IA
No Daily Data
No Daily Data
915,870
11/2/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/3/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/4/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/5/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/6/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/7/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/8/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/9/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/10/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/11/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/12/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/13/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/14/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/15/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/16/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/17/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/18/15
Phase IA
No Daily Data
No Daily Data
No Daily Data
11/19/15
IA Discontinued
No Daily Data
No Daily Data
No Daily Data
11/20/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
11/21/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
11/22/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
7
Date
Project Phase
Accumulated Total
(SCF)
% Increase From
Previous Reading
Flare Throughput
(SCFD)
11/23/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
11/24/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
11/25/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
11/26/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
11/27/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
11/28/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
11/29/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
11/30/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/1/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/2/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/3/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/4/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/5/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/6/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/7/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/8/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/9/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/10/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/11/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/12/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/13/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/14/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/15/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/16/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/17/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/18/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/19/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/20/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/21/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/22/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/23/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/24/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/25/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/26/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/27/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/28/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/29/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/30/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
12/31/15
Phase IB
No Daily Data
No Daily Data
No Daily Data
8
Appendix I
COLORADO
Department of P`llhiic
Health F Environment
✓erica;ed :) ppnte_`:rig" rd ..rnprovir.g ± e 1,•±=:;i-. Ind ertvil:r?:.:c°!'i - r 2e?- ^le :.3tc.radc
rebruan 03 2016
Darrel _ccez
Hear:.and Biogas LLC
19179 Weld County Road 49
La Salle. CO 80645
RE: Norif'canon of Waste Grease Certificate of Regis:•mien Number
cc: SW WLD 93 :. ;2 1
Dear Darrel Lopez:
The Hazardous Mate1ais 3nC Waste Management Division, Solid Waste anc Materials .Management Prograrr Of
Cie Colorado Department of Public Health and=nvuformevt has received a Waste Grease Certificate of
Registration Application (Form WG-1/WG-1Ri r-onn your business for the following ocation:
Heartlana Siogas LLC
19179 Weld County Roac 49
La Salle, CO 80645
Certificate of Registration Number: 93
Registration Expiration: July 15, 2016
in accordance with state regulations, the Waste Grease Certificate of Registration Number listed above has
been assigned to above referenced location and is valid .mtit July 15, 2016, at which time, you must renew
ycur registration in accordance with Section 18 of the Cclorado Solid Waste Regulations (6 CCR 1007.2, Part
1). Also note that a copy of this Certificate of Registration must be retained at your location/orincipal place
of business.
Your location has registered as the following:
Waste Grease Transporter Waste Grease Facility
Personal User of Waste Grease other than for use as Biofuel
Any change in location would require a new Waste Grease Certificate of Registration Application (Form WG 11
to be filed, as Certificate of Registration Numbers are !.ocation specific. Failure to have a Waste Grease
Certificate of Registration Number for a new location or use of the wrong Waste Grease Certificate of
Registration Number for shipment of waste grease may result in enforcement action under §30-20-113, et seq,
of the Colorado Revised Statutes (C.R.S. ), and Section 18 of the Colorado Solid Waste Regulations (6 CCR 1007-
2, Part 11. Also, in accordance with Section 18 of the regulations. if there are changes in any of the following,
this office must be notified in writing at the Cherry Creek address above: 1) mailing address, 2)
business/individual name, 3) type of registration. 4) contact name or phone number, 5) ownership, or b) the
site has closed or no longer handles or transports waste grease.
OVER ••>
7i • •:rte
:>tea_e DE awe'' Jtr r' -e riarcflir•? and :--ar.agerner :t waste : - " r
r1:� 8:,c. 'nc:l:C:�Q t, G rr,IjeC'_'':Ir. -r ,t7.]C'n:•o(,
;r0ces_s;r Q. itorag,e, It'd disposal •:•i waste grease. is "egulated Jncer 5ecicn '8 : *e •To on:. -!'r: ",":i'd `h/age
leg','Iaticr's .hTCR IOC' _, P-ert• A ropy of the regulations and 3ddit':or:Jl fl ot- 'atfen a ?5'= ?rease
3C =;:c'l'ef:- ••i ... ., C:' ._=n-
i a 'C� .v:teal . •;1; 1'z�ir+ a ��
Special Provisions For Waste Grease Facilities
•i :ou are A -.,v.:•-• -,'4.3.e `]r -.day. f'7. assigned de at r:,.:Jr') -r . ;s ±d Jr: t;w. Ti 'FrasUi ease Deco!
te disotayed in a prcrntnenc 'oc2For at your'actin/.
caciiity Decal Number: 93-16
Special Provisions for Waste Grease Transporters
A copy of -his e_rrifica.e cif Registration m :st be -etainej at your facility AND r EACH 'ehicle owned or
routed .ha 's '.ised for -iaurir.g waste arose. ' :ou l .. Waste Grease Transporter and ycu ha'ie'ez stered
venlcles. the assigned vesicle decal numbF ; :,N Tic `N icte Grease Decal must be ai ° ceC to the
lower 'eft ':ard corner of the NFndshie'U. ::. ;s visible on a vef!C:e 'rat aces
not lave a wincsniete.
If you retiuested contracted commercial freight carrer temperarj decals. the assigned ::emporary decal
numbers are listed below. A copy of this Certificate of Registration must be retained in EACH vehicle
temporariy contracted to naul waste grease. The Temporary Waste Grease Decal must be displayer on the
cower left nano side of the windshieic. or in some the -nanner so tie decay's visible on a jchice ;'at does
lot have 3 wtreshtetd.
rf you have any questions or need `urther information. ;]lease contact Shana Baker at 1303) 692-3305 or Anna
Rice at (303) 692-3459.
Sincerely,
Shana Baker, Waste Grease Specialist Anna Rice. Waste Grease Specialist
Solid Waste and Materials Management Program Solid Waste and Materials Management Program
w•
.y, .. •—le_ ..
e
"Jr
eof
O,JI d.: ga'gi
December i _ 20!
Wa tc md Materials Management Prrti.-r=.m
c...) Waste Grease Reeikrratirn
CDPHf
-4300 Cher. I 'reek Dr:vc South
Denver. CO 80:*
RE: Heartland Bioc n Waste Grease Facility Registration
ci'Vhcim It May t_uncern.
[ iirrel Lone..?
t'.i ff• Pc''.•ewabic Lncnr
I9I79 .r;untv Rd. 4,4
L ti�iill.. l.: i.�<t,ll.i-t•_
Attached is registralum documentation for the I leartland Bioga3 T acilitt-. I he facility.
«hick produces renewable natural ;as from manure and substrate products in the region
accepts wUSW ur;asc `roducts to incyrptrate into the anaerobic diuestion system.
hhc facility is also permitted under ' I solid waste permit t6CCk [007.2 Sections
9. I I and 14).
Included in this transmittal is the Waste Grease Registration and the annual fee.
Please do not hesitate to call or email with any questions.
Regards. ,
/
;/
,
re -21.2
"Darrel Lopez
Plant Manager
Heartland Biogas, LLC 1
i 1-10."-J -fr.'
NOTE: Pursuant to ''t'- if the C . oradc: Rcsiscu Statutes IC its. i, and iect)nn I8 of :he
C C:tora't.1 valid Waste :eg,,uev:,: t_ R 10(1 . _. > in 11. all waste grease transponers• waste grease
facilities. anu personal users of waste grease other than for use as baofue! are. required to register with the
Department by submitting i completed version of this form. For companies with more than ant 'Denton.
trtCh location roust be reg:stcred tepa:atel':
Prior to completing this form. p,•:asc its iew 'he Niece' +)t W e, ie2:siflti,'l, fr-rc 'I'>' 1• tilzwcI;1i A • •,
Document ,hat contains information need& to complete tar registration process.
9'
• !_t..
:aieradu Dwwrn cnr
of Public Health
and °:t% rnnrtent J
r
Businessilndividua( Name
"ear:land Biogas LLc:
Few Department L'xe Only
SW
Other Business Names (DR.As i
County Businessilndividual Resides in
Weld
Street Address
19179 Weld Couriv Road 49
City
L3 Salle
State (xx)
CO
Z:p Code
80645
IMailing Address ; if same as Street Address check Eros) ✓
City
State I xx '2Zip
Code
Business Phone No.
(703-9054110)
Business E-mail Address
Ralph.Daleyru pdf-re.com
Business Owner i First. Middle Initial, Last)
Ralph Daley
Owner Business Phone No.
(719-393-3019)
Business Manager (First, Middle Initial, Last)
Darrel Lopez
Manager Business Phone No.
(719-393-3019)
Contact Person i First. Middle InittaL Last)
DarreLopez
Cu �31 n tvo
(7l`) 1 )
Contact E-mail Address
Darrel.Lopez(a edf-re.com
Type of registration
(Cheek box for all that apply)
■
•
Waste grease transporter t=. Waste grease facility
Personal user of waste grease other than for use as biofuel
Type of grease handle n Yellow grease
(Check box for all that apply)
Grease trap/interceptor
For Waste Grease Transporters and Personal Users of Waste Grease Other Than For Use as Biofuel ONLY:
Number of vehicles used to transport waste grease
For each vehicle used by the transporter or personal user to transport waste grease (do not include commercial freight
carrier vehicles used temporarily), submit the following information to the address below:
I. A legible copy of the current vehicle registration showing the state in which the vehicle is registered, the vehicle
make/model and year, license plate number, vehicle identification number (VIN) and registered owner.
2. If the vehicle is not owned by the waste grease transporter, written authorization from the vehicle owner for the
vehicle to be registered to transport waste grease.
3. The size/capacity of the vehicle's tank used to hold waste grease Of applicable)
Contracted commercial freight carrier temporary decals needed (Set of 5 decals for Waste Grease Transporters ONLY)
■
Make a copy for your files and then mail the original
completed form. waste grease registration fee(s), and other
corresponding registration material(s) to the address below:
Solid Waste & Materials Management Program
e/o Waste Grease Registration
Colorado Department of Public Health and Environment
HMWMD-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
I certify that the information on this application is. to the best
of my knowledge, true, accurate, and complete in all respects
and that I am authorized to complete this application on
behalf of this facility. /J
4Cav4t ,
Authorized Reprwentative Signatures/
Ralph Daley
Name (type or print)
Vice President
Official Title
12/15/2015
Dare
(mtn/ddryy )
r
,'ri' ia'f
i.
1
L 2/1
`.;
Li
; /1/ 1 i
L r7
If•fl�ill�rprrl{illl�InlhLllr,�'r1li,lunlil1r1�1�U�1(�J,�
Appendix J
STATE OF COLORADO
John W. Hickentoper, Governor
Christopher E. Urbina, MD, MPH
Executive Director and Chief Medical Officer
Dedicated to protecting and iMprovrng the hearth and environment of the people of Colorado
4300 Cherry Creek Dr. S.
Denver, Colorado 80246-1530
Phone (303) 692-2000
Located '.n Glendale, Colorado
http JMrww. cdphe. state. co. us
May 23, 2013
Mr. James S. Potter
AgEnergy USA, LLC
163 North Shore Road
Hampton, NH 03842
Laboratory Services Division
8100 Lowry Blvd.
Denver, Colorado 80230-6928
(303) 692-3090
Colorado Department
of Public Health
and Environment
Re: Approval with Conditions: Modifications to the Waste to Energy Engineering Design
and Operations Plan, Construction Quality Assurance Plan, Construction Quality Control
Plan, and Drawings for the Heartland Renewable Energy Anaerobic Digester Facility.
Weld County, Colorado
Dear Mr. Potter:
The Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division (the "Division") has reviewed modifications to the Waste to Energy
Engineering Design and Operations Plan (EDOP), Construction Quality Assurance Plan (CQA
Plan), Construction Quality Control Plan (CQC Plan), and Drawings. The documents were
submitted on your behalf by AGPROfessionals, LLC (AGPRO), and were signed and sealed by a
Colorado registered professional Engineer.
The original EDOP for this project was received by the Division on April 21, 2009. In a letter to
the Weld County Commissioners dated April 7, 2010, the Division recommended that the Weld
County Commissioners approve the submitted EDOP and associated Certificate of Designation
(CD) application with eight (8) specific Conditions.
In November 2012, the Division was requested to review changes to the Approval with
Conditions EDOP, and confirm that the eight Conditions discussed in the April 7, 2010 letter
have been addressed. A revision to the EDOP was received by the Division on November 28,
2012, with a "kick-off' meeting between the Division, AgEnergy USA, and AGPRO held
December 12, 2012. On January 11, 2013 the Division sent technical comments to AgEnergy
USA and AGPRO via electronic mail based on initial review of the revised EDOP. On January
22. 2013 a meeting was held between the Division, AgEnergy USA, and AGPRO, to discuss the
technical comments and determine a path forward. Several more cycles of documents submittal,
Division review and comment either formally or informally, responses to comments by AGPRO
either formally or informally, and subsequent document changes followed.
Based on review of the current EDOP (Revision 3 dated May 3, 2013), CQA Plan (Revision 2
dated May 1, 2013), CQC Plan (Revision 2 dated May 1, 2013). and Drawings (various
revisions, latest dated May 8, 2013). and pursuant to the Regulations Pertaining to Solid Waste
Sites and Facilities. 6 CCR 1007-2 (the Regulations), and completion of the conditions defined in
the Division's April 7, 2010 letter, the Division hereby approves, with Conditions, the revised
documents. The Conditions are as follows:
1. AGPRO has indicated that the waste impoundment requirement (Sec. 9.3.1(D)) to design
the impoundments with 2 -ft of freeboard above the liquid level representing the
maximum operating level plus the design storm (25-yr. 24 -hr) is not appropriate for the
South and North Ponds. Instead. AGPRO prefers to submit a waiver request pursuant to
Sections 1.5 of the Regulations justifying their design as an equally protective
alternative. Therefore, prior to constructing the proposed South and North Ponds, a
waiver request shall be submitted to the Division for review and approval concerning the
alternative waste impoundment design. The facility is reminded that if the Division does
not approve the proposed waiver request, then the South and North Ponds shall be
designed according to the requirements of Section 9.3.1(D).
2. Prior to constructing the low permeability soil amendment pad, and as discussed in
Section 4.A of the EDOP, a laboratory treatability study shall be conducted to determine
the optimum mix of soil/cement/fly ash needed to achieve the required hydraulic
conductivity of less than or equal to 1 x 10"' cm/sec. The facility shall provide the
Division, for review and approval. a laboratory treatability study work plan. After the
lab treatability study is complete. a test pad shall be constructed on -site using the same
type of equipment planned for full-scale construction. Prior to constructing the test pad.
the facility shall provide the Division, for review and approval, a test pad work plan.
Results of the test pad construction shall be provided to the Division for review and
approval prior to construction of the remainder of the soil amendment pad which will be
used for management of digestate.
3. Based on recent discussions, several additions to the EDOP have recently been proposed
by AGPRO and are acceptable to the Division. This includes adding additional
information concerning the HDPE pipe and pipe installation, filter fabric material,
drainage geocomposite material, and drainage rock within the impoundment sumps. The
facility shall incorporate those recent submittals, where appropriate, into a final EDOP,
CQA Plan, CQC Plan, and Drawings and submit one paper copy along with an electronic
copy to the Division.
4. Prior to accepting waste, the facility shall have an approved Financial Assurance Plan
along with an appropriate financial instrument in -place.
Consistent with Division guidance. the Division requests that a copy of the drawings that are
issued for contractor bid be provided to the Division. Also, the facility is reminded that after
construction, a CQA Certification Report must be submitted to the Division for review and
approval. The facility may not operate until approval has been provided by the Division.
Consistent with Section 14.3.2(B) of the Solid Waste Regulations, please provide the
Certification Report to the Division at least sixty (60) calendar days prior to planned operations.
In closing, the Division is authorized to bill for its review of technical submittals at $125 per
hour, pursuant to Section 1.7 of the Colorado Solid Waste Regulations, 6 CCR 1007-2. An
invoice for the Division's review of the above referenced document will be sent under separate
cover.
Should you have any questions regarding this letter, please contact Larry Bruskin by phone at
rr
303-692-3384 or email at la.bruskin(aistate.co.us.
Sincerely,
Lawrence J. Bruskin, P.E.
Solid Waste Permitting Unit
Solid Waste and Materials
Management Program
Hazardous Materials and Waste
Management Division
cc: Marcy Kappen, AGPRO
Troy Swain, Weld County
file: sw/wld/hre/2.2
3
Roger Doak, Unit Leader
Solid Waste Permitting Unit
Solid Waste and Materials
Management Program
Hazardous Materials and Waste
Management Division
Appendix K
AGPROfessionals
DEVELOPERS OF AGRICIIITURF
December 4, 2013
- 4i
Lauren Light
Weld County Dept. of Health & Environment
1555 North 17 Avenue
Greeley, CO 80631
RE: AG PRO Project # 1508-02-05
Change to EDOP for Heartland Biogas, LLC
Dear Ms. Light:
Enclosed please find a copy of the State approved Change Request #5 to the Colorado
Department of Public Health and Environment, Solid Waste Division. This update to the
Engineering Design and Operations Plan covers changes to the subject property legal
description, total numbers of acres and ownership/contact information.
Please let me know if you have any questions or require any further information.
Sincerely,
Marcy Kappen
Agricultural Consultant
Enclosure: Change Request 5
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 Longmont, CO 80504
970.535.9318 / office 970.535.9854 / fax a www.agpros.com
AGPROfessionals, LLC
CHANGE REQUEST
Project Name:
Heartland Slops, LLC
Osage Number:
05
Requested By:
Heartland Biogas, LLC c/o
AGPROfessionals
Date of Request
10/30 13
Pretested To:
CDPHE Solid Waste Division
Change Name:
Property Information Changes
Deserlpdoa at Change: Update the Engineering Design and Operations Plan (EDOP) with
changes to the subject property legal description, total acres contained within the facility
boundaries and ownership/contact information.
Facility legal description will remain unchanged within the EDOP however, Appendix B
of the EDOP will be updated to reflect the Warranty Deed legal description (See
Attachment)
The total calculated area of the site will be updated from the previously reported S0 acres
to the actual 115.83 purchased acres for the facility site. The facility footprint is updated
to 39 acres from the previously reported 19 acres
3. The Ownership information is updated as follows:
The Owner/Operator is now: Headland Slops, LLC
The Project Developer is now EDF Renewable Development, Inc.
15445 Innovation Drive
San Diego, CA 92128
Legal Contact: Ralph Daley. Vice President
(703)905-8110
Document identification Addendum Replaces: Page itt/page out of all information
pertaining to ownership, contact information, property physical and legal descriptions
described within the EDOP. Appendix B is replaced with the attached legal description.
Reston for C'bange: To reflect the new ownership of the property and update the legal
description of said property purchased for the Digester facility
Project Manager: Signature:
�%-;- --- Date: Ott 14147075
Design Engineer: Signature: i i, /it: 4- Date:.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 Longmont. CO 80504
970.535.9318 / office 970.535.9554 In www.agpros.txxn
Pqo-2-oft
Colorado Department of Piblk Health and Environment: efr Approved
Solid Wute Division
Commeats:
Signature:
Tide: Sn1,d. as. ?es rn1VI%nt t7 n, }
COPHE: Satre West, Division
Date: /a -y-13
3957241 08/16/2013 03 12 PM
Page 2 012
LEGAL DESCRIPTION HEARTLAND PURCHASE PARCEL TO SECTION LINE;
A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 26. TOWNSHIP 4 NORTH.
RANGE 65 WEST, OF THE 8TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BASIS OF BEARING CONSIDERING THE SOUTH LINE OF THE SOUTHEAST '!4 OF
SECTION 25. TOWNSHIP 4 NORTH, RANGE 85 WEST. OF THE 6TH. P.M.. TO BEAR LSOUTH
89'53'33' WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
THERETO:
COMMENCING AT THE SOUTHEAST SECTION CORNER OF SECTION 25. TOWNSHIP 4
NORTH. RANGE 66 WEST SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 25
S1191313' W FOR A DISTANCE OF 2616.28 FEET TO THE SOUTH ONE QUARTER
CORNER OF SAID SECTION 25; THENCE ALONG THE NORTH -SOUTH MIDSECTION LINE
Of SAID SECTION 25, N 00.00'59' E FOR A DISTANCE OF 2852.68 FEET TO THE CENTER
ONE -QUARTER CORNER OF SAID SECTION 25;
THENCE ALONG SAID NORTH LINE OF SAID SOUTHEAST 1/4 OF SECTION 25,
S 88'48'44' E FOR A DISTANCE OF 1322.03 FEET.
THENCE DEPARTING SAID NORTH LINE, S 00'08'17' W FOR A DISTANCE OF 1712.39
FEET, THENCE N 89.0738' E FOR A DISTANCE OF 153.50 FEET TO A POINT OF
CURVATURE; THENCE ON A CURVE TO THE LEFT, HAVING A RADIUS OF 443.63, A
CENTRAL ANGLE OF W462r, FOR AN ARC DISTANCE OF 300.09 FEET. THE CHORD OF
WHICH BEARS N 69.39'28' E FOR A DISTANCE Of 294.40; THENCE N 50'18'18' E FOR A
DISTANCE OF 393.43 FEET TO A POINT Of CURVATURE; THENCE ALONG A CURVE TO
THE RIGHT HAVING A RADIUS OF 498.07, A CENTRAL ANGLE OF 41'39'36'. FOR AN ARC
LENGTH OF 360.69 FEET, THE CHORD OF WHICH BEARS N 70'08'07 E FOR A DISTANCE
OF 352.80 FEET, THENCE N 89'58'57' E FOR A (DISTANCE Of 296.53 FEET TO A POINT ON
THE EAST LINE Of SAID SOUTHEAST 1/4; THENCE ALONG SAID EAST UNE
S 00°11'38' W FOR A DISTANCE OF 1407.99 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 115.83 ACRES
SUBJECT TO COUNTY ROAD RIGHT-OF-WAY
Appendix L
COLORADO
Department of Public
Health Er Environment
Dedicated to protecting and improving the health and environment of the people of Colorado
December 18, 2014
Mr. Tim Naylor
AGPRO
3050 67th Avenue, Suite 200
Greeley, CO 80634
Mr. Bob Yost
A-1 Organics
16350 Weld County Road 76
Eaton, CO 80615
Re: Approval With Condition: Digester Processing System Engineering Design and Operation Plan
Addendum, Heartland Biogas Facility, Weld County, Colorado, dated November 18, 2014
File: sw/wld/hre/2.2
Dear Mr. Naylor and Mr. Yost:
The Colorado Department of Public Health and Environment, Hazardous Materials and Waste
Management Division (the "Division") has reviewed the Digester Processing System (DPS) Engineering
Design and Operation Plan (EDOP) Addendum for the Heartland Biogas Facility, located in Weld County,
Colorado. The EDOP Addendum, prepared by AGPRO, was received in our office on November 25, 2014,
and was signed and sealed by a Professional Engineer registered in Colorado.
On November 17, 2014, the Division received from AGPRO the specifications for two different
secondary containment materials that are proposed for use with the DPS. One system uses a 30 -mil
polyethelene liner attached to a metal enclosure along the perimeter of the tank area. The other
material proposed is a spray -on sealant that is applied directly to the concrete pits. The Division has
no issues with either of the proposed secondary containment systems.
Based on our review of the Digester Processing System Engineering Design and Operation Plan
Addendum, and pursuant to the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-
2, the Division hereby Approves the DPS EDOP Addendum with the following Condition:
• Drawing ST -1, Site Plan, located in Appendix 2 of the DPS EDOP, shall be revised to include the
entire USR and Certificate of Designation (CD) boundary. The revised drawing shall replace the
previously approved Drawing ST -1. The revised drawing should be noted as "revised" in the
title block, and it should be signed and sealed by a Professional Engineer registered in
Colorado.
Please provide one paper copy and one electronic copy of the revised drawing ST -1 to the Division after
the revisions are made. The revised drawing shall also be placed in the facility's operating record.
4300 Cherry Creek Drive S.. Denver. CO 80246.1530 P 303-692-2000 www.colorado.gov/cdphe I
John W Hickenlooper. Governor Larry Wolk. MD, MSPH. Executive Director and Chief Medical Officer
Although fabrication of the DPS can proceed with issuance of this letter, the facility is reminded that
according to Section 1.8.1(A) of the Colorado Solid Waste Regulations, solid waste is not permitted to
be placed into the DPS prior to establishment of the FA mechanism.
In closing, the Division is authorized to bill for its review of technical submittals at $125 per hour,
pursuant to Section 1.7 of the Colorado Solid Waste Regulations, 6 CCR 1007-2. An invoice for the
Division's review of the above referenced document will be sent under separate cover.
Should you have any questions regarding this letter, I may be reached by phone at 303-692-3384 or
email at larry.bruskin@state.co.us.
Sincerely,
Lawrence J. Bruskin, P.E.
Solid Waste Permitting Unit
Solid Waste 8 Materials Management Program
Hazardous Materials Et Waste Management Division
ec: Jim Potter, AgEnergy
Heather Barbare, WCDPHE
Curt Stovall, HMWMD
4300 Cherry Creek Drive S.. Denver. CO 80246.1530 P 303-692.2000 www.colorado.gov/cdphe
John W. Hickeniooper, Governor Larry Wolk. MD, MSPH. E=ecutive Director and Chief Medical Officer
Appendix M
Pnnted from electronic record
STATE OF COLORADO
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION
TELEPHONE: (303) 692-3150
CONSTRUCTION PERMIT
PERMIT NUMBER:
12WE3172
DATE ISSUED: January 20, 2016
Vf
1876
•
Issuance 2
ISSUED TO: Heartland Biogas, LLC
THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS:
Anaerobic Digester facility, located in SE quarter of Section 25 T4N, R65W, in Weld
County, Colorado.
THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:
Facility
Equipment
ID
AIRS
Point
Description
Boilers
001
Two (2) Clever Brooks Model LFX Fuel Series 700 size 1000 boilers
each rated at 12 mm btu/hr
Serial Numbers 010070-1-1 and 010070-1-2
Fueled by natural gas
Subject to NSPS Subpart Dc
Anaerobic
Digester
002
Anaerobic Digester consisting of
• Six (6) - 1 7 million gallon tanks
• Covered anaerobic lagoon (CAL) —volume = 6 million gallons
• Substrate storage tanks
• Manure receiving pit
• Water storage ponds
• Solids separation centrifuge building and storage pit
• 3 Biorem Biotrickling filter units connected in series.
• AwiFLEX Cool process analysis system — used to monitor H2S
emissions for demonstrating compliance with the emission H2S
emissions limits.
• Biogas Upgrading System
• Biogas product compressors and gas pipeline interconnection
The Anaerobic Digester process accepts manure and substrate to
produce a raw bio gas containing methane, hydrogen sulfide and carbon
dioxide The biogas is processed through the Biogas Upgrading System
which extracts methane for pipeline injection and a Biorem, H2S control
technology system. Hydrogen sulfide emissions are controlled by three
Biorem biotricklingfilters connected in series.
AIRS ID: 123/9A94/
Page 1of14
Version 2009-1
Pnntedci from electronic record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
Facility
Equipment
ID
AIRS
Point
Description
Flare
003
John Zink Model ZTOF Biogas Flare, 13' diameter, 70' high (treats raw
gas from anaerobic digester)
Design basis 229 MM BTU/hr, maximum rated use of 201 MM BTU/hour
Serial Number TBD
Flare used whenever raw gas produced in the digester is not sent to the
pipeline for shipment.
Fugitive
Dust
005
Fugitive Dust emissions from vehicle traffic
THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO
AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND
CONTROL ACT C.R.S. (25-7-101 et sea), TO THOSE GENERAL TERMS AND CONDITIONS
INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS:
REQUIREMENTS TO SELF -CERTIFY FOR FINAL APPROVAL
1 YOU MUST notify the Air Pollution Control Division (Division) no later than fifteen days
after commencement of operation under this permit by submittinu a Notice of Startup
(NOS) form to the Division. The Notice of Startup (NOS) form may be downloaded online at
https.//www.colorado.gov/pacific/cdphe/other-air-permitting-notices Failure to notify the Division
of startup of the permitted source is a violation of AQCC Regulation Number 3, Part B. III.G 1 and
can result in the revocation of the permit.
2. Within one hundred and eighty days (180) after commencement of operation of the Anaerobic
Digester. compliance with the conditions contained on this permit shall be demonstrated to the
Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to
demonstrate compliance within 180 days may result in revocation of the permit or enforcement
action by the Division. Information on how to certify compliance was mailed with the permit or can
be obtained from the Division's website at https://www.colorado.gov/pacific/cdphe/air-permit-self-
certification. (Reference. Regulation Number 3, Part B, III.G.2).
3. Within one hundred and eighty days (180) after commencement of operation of the Anaerobic
Digester, the operator shall complete all initial compliance testing and sampling as required in this
permit and submit the results to the Division as part of the self -certification process. (Reference
Regulation Number 3, Part B.Ill E.)
4. The owner or operator shall develop a revised operating and maintenance (O&M) plan to include
the equipment as listed in this permit and a recordkeeping format that outlines how the applicant
will maintain compliance on an ongoing basis with the requirements of this permit. Compliance
with the O&M plan shall commence at startup of the Anaerobic Digester. Within one
hundred and eighty days (180) after commencement of operation, the owner or operator shall
submit the O&M plan to the Division. Failure to submit an acceptable operating and maintenance
plan could result in revocation of the permit. (Reference Regulation Number 3, Part B, III.E.)
5 Within thirty days (30) after commencement of operation of the Anaerobic Digester, the AIRS ID
number shall be marked on the subject equipment for ease of identification (Reference
Regulation Number 3. Part B, Ill E ) (State only enforceable)
AIRS ID: 123/9A94 Page 2 of 14
Pnnted from eiectranic record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
6 The manufacturer, model number and serial number of the subject equipment shall be provided
to the Division within one hundred and eighty days (180) after commencement of operation of the
Anaerobic Digester (Reference' Regulation Number 3, Part B, III.E )
EMISSION LIMITATIONS AND RECORDS
Emissions of air pollutants shall not exceed the following limitations (as calculated using the
emission factors included in the Notes to Permit Holder section of this permit) Annual records of
the actual emission rates shall be maintained by the applicant and made available to the Division
for inspection upon request. (Reference Regulation Number 3. Part B II A.4)
Quarterly Limits:
Facility
Equipment ID
AIRS
Point
Tons per Quarter
Emission
type
PM
PM,o
PM2.5
NO,
SO2
VOC
CO
H2S
2 (two) Boilers
001
0.13
0 13
0 13
0 75
0 03
0 66
1 0
----
Point
Anaerobic
Digester
002
----
---"
-"
----
-
----
-
214
Point
1 (one) flare
003
----
1 0
8 5
0 74
5 3
0.09
Point
Fugitive
emissions
004
0 003
Fugitive
Fugitive dust
005
10
2.7
0 28
-
---
---
Fugitive
TOTAL
Point
0 13
0 13
0 13
1 75
8 6
1 4
6 3
2.24
Fugitive
10 0
2 7
0 28
- --
---
----
----
----
Annual Limits:
Facility
Equipment ID
AIRS
Point
Tons per Year
Emission
type
PM
PM,o
PM2.5
NO,
SO2
VOC
CO
H2S
2 (two) Boilers
001
0 5
0 5
0.5
3 1
0 1
2.63
3 9
----
Point
Anaerobic
Digester
002
-
----
----
----
----
----
----
8.56
Point
1 (one) flare
003
- --
3 9
33 9
2 96
21 2
0 36
Point
Fugitive
emissions
004
--
-
0 01
Fugitive
Fugitive dust
005
39 8
10 74
1 07
---
---
---
--
Fugitive
TOTAL
Point
05
05
05
70
34
56
251
893
Fugitive
39 8
10 74
1 07
"---
----
----
----
AIRS ID: 123/9A94
Page 3 of 14
Punted from e!ectron.c re:orJ
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
See "Notes to Permit Holder #3" for information on emission factors and methods used to
calculate limits
The fugitive dust emission limits are based on the production rates listed above. The Division
assumes that the fugitive emission levels are being met if the control measures stated in the
approved control plan are followed and the stated process rates are not exceeded.
8 The particulate emission control measures listed on Attachment A (as approved by the Division)
shall be applied to the particulate emission producing sources as required by Regulation Number
1III D.1.b
9. The emission points in the table below shall be maintained and operated with the control
equipment as listed. The emission control devices shall be inspected, monitored. maintained /
renewed, and operated as per the manufactures' recommendations, and ensure the satisfactory
performance of the devices. (Reference. Regulation Number 3, Part B.I I I. E )
Facility Equipment ID
AIRS
Point
Control Device
Controlled
Pollutants
Digester
002
Biotrickling filters
H2S
Digester
003
Flare
H2S
PROCESS LIMITATIONS AND RECORDS
10 This source shall be limited to the following maximum consumption, processing and/or
operational rates as listed below. Annual records of the actual process rate shall be maintained
by the applicant and made available to the Division for inspection upon request (Reference
Regulation 3, Part B. II. A 4)
Process/Consumption Limits
Facility
Equipment ID
AIRS
Point
Process Parameter
Annual Limit
Quarterly Limit
2 (two) Boilers
001
Consumption of natural gas
229 MM scf
57 3 MM scf
Anaerobic
Digester
002
Production of raw biogas
2,738 MM scf
684.5 MM scf
Production of methane
(64% of raw biogas volume)
1,834 MM scf
458.5 MM scf
Manure feed
73 MM gallons
18.25 MM gallons
Substrate Feed (1)
172 MM gallons
43 MM gallons
1 (One) Flare
003
Combustion of raw biogas
180 MM scf (2)
45 MM scf
(1) - a list of acceptable substrate materials is in Attachment B
(2) — based on process throughput of 7 5 mmscf/day and 24 days of operation
AIRS ID: 123/9A94
Page 4 of 14
Pnnted from electronic record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
STATE AND FEDERAL REGULATORY REQUIREMENTS
11. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the
source. During periods of startup, process modification, or adjustment of control equipment
visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive
minutes. Opacity shall be determined using EPA Method 9. (Reference: Regulation Number
1.IIA.1 &4.)
12 This source is subject to the odor requirements of Regulation Number 2. (State only enforceable)
13 The boilers (AIRS ID 001) are subject to the New Source Performance Standards requirements of
Regulation Number 6, Part A , Subpart Dc , Standards of Performance for Small Industrial —
Commercial — Institutional Steam Generating Units including, but not limited to, the following
a. §60.40c Reporting and record keeping requirements
(a) The owner or operator of each affected facility shall submit notification of the date of
construction or reconstruction and actual startup, as provided by §60.7 of this part. This
notification shall include
(1) The design heat input capacity of the affected facility and identification of
fuels to be combusted in the affected facility
(3) The annual capacity factor at which the owner or operator anticipates
operating the affected facility based on all fuels fired and based on each
individual fuel fired.
14. The following requirements of Regulation Number 6, Part A, Subpart A, General Provisions,
apply
At all times, including periods of start-up, shutdown, and malfunction, the facility
and control equipment shall, to the extent practicable, be maintained and
operated in a manner consistent with good air pollution control practices for
minimizing emissions. Determination of whether or not acceptable operating and
maintenance procedures are being used will be based on information available to
the Division, which may include, but is not limited to, monitoring results, opacity
observations, review of operating and maintenance procedures, and inspection
of the source. (Reference Regulation Number 6, Part A. General Provisions from
40 CFR 60.11
b. No article, machine, equipment or process shall be used to conceal an emission
which would otherwise constitute a violation of an applicable standard. Such
concealment includes, but is not limited to, the use of gaseous diluents to
achieve compliance with an opacity standard or with a standard which is based
on the concentration of a pollutant in the gases discharged to the atmosphere
(§ 60.12)
c Written notification of construction and initial startup dates shall be submitted to
the Division as required under § 60 7
d Records of startups, shutdowns, and malfunctions shall be maintained, as
required under § 60.7
15 This source is located in an ozone non -attainment or attainment -maintenance area and subject to
the Reasonably Available Control Technology (RACT) requirements of Regulation Number 3,
Part B, Ill D.2.b. RACT was determined to be no control due to the high cost per ton of pollutant
removed
AIRS ID: 123/9A94
Page 5 of 14
Punted from electrmc record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
OPERATING & MAINTENANCE REQUIREMENTS
16. The owner or operator shall develop a revised operating and maintenance (O&M) plan to include
the equipment as listed in this permit and a recordkeeping format that outlines how the applicant
will maintain compliance on an ongoing basis with the requirements of this permit. Compliance
with the O&M plan shall commence at startup of the Anaerobic Digester. Within one
hundred and eighty days (180) after commencement of operation of the Anaerobic Digester, the
owner or operator shall submit the O&M plan to the Division. Failure to submit an acceptable
operating and maintenance plan could result in revocation of the permit (Reference. Regulation
Number 3, Part B, Ill E.)
COMPLIANCE TESTING AND SAMPLING
Initial Testing Requirements
17 Within 180 days after issuance of this permit, the owner or operator shall demonstrate
compliance with Condition 11, using EPA Method 9 to measure opacity from the flare (AIRS point
003) The owner or operator of a flare shall use Reference Method 9 in Appendix A of 40 CFR
Part 60 to demonstrate compliance with the opacity provisions of the applicable subpart The
observation period shall be 1 hour in duration. (AQCC Regulation Number 1 II.A.5)
18 Within 180 days after issuance of this permit, a source initial compliance test shall be conducted
on the digester/scrubber/ biofilter (AIRS ID 002) to measure the emission rate for the pollutant
listed below in order to demonstrate compliance with hydrogen sulfide (H2S) emission limit in
permit condition 7 The test will last for a minimum of 24 consecutive hours to measure the
emission profile throughout the operating day. Sampling of the incoming gas and the treated tail
gas will take place at a minimum of every 3 hours during the test. The test protocol must be in
accordance with the requirements of the Air Pollution Control Division Compliance Test Manual
and shall be submitted to the Division for review and approval at least thirty (30) days prior to
testing. No compliance test shall be conducted without prior approval from the Division. Any
compliance test conducted to show compliance with a monthly or annual emission limitation shall
have the results projected up to the monthly or annual averaging time by multiplying the test
results by the allowable number of operating hours for that averaging time (Reference. Regulation
Number 3, Part B.III.G.3)
Hydrogen Sulfide (H2S) using EPA approved methods.
Periodic Testing Requirements
19 A second compliance test shall be conducted on the Digester/scrubber/ biofilter (AIRS ID 002) to
measure the emission rate(s) for the pollutants listed below in order to demonstrate compliance
with hydrogen sulfide (H2S) emission limit in permit condition 8 and overall reduction in H2S in
permit condition 7
If the initial compliance testing is completed during the period defined by December 1. through
February 28 of the following year. then the second test should be completed between the
following July 1 and September 30
If the initial testing is completed between March 1 and November 30 then the second compliance
test shall be completed between the following December 1 and February 28 with a minimum of 45
days between tests
AIRS ID: 123/9A94 Page 6 of 14
Pnrted from efectro lc record
i
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
The test will last for a minimum of 24 consecutive hours to measure an emission profile
throughout the operating day. Sampling of the incoming gas and the treated tail gas will take
place at a minimum of every 3 hours during the test. The test protocol must be in accordance
with the requirements of the Air Pollution Control Division Compliance Test Manual and shall be
submitted to the Division for review and approval at least thirty (30) days prior to testing. No
compliance test shall be conducted without prior approval from the Division. Any compliance test
conducted to show compliance with a monthly or annual emission limitation shall have the results
projected up to the monthly or annual averaging time by multiplying the test results by the
allowable number of operating hours for that averaging time (Reference: Regulation Number 3,
Part B.III.G.3)
Hydrogen Sulfide (H2S) using EPA approved methods.
20. The owner or operator shall install and operate an AWITE AwiFLEX Cool process analysis
system (or similar system with Division approval) combined with a gas flow meter to measure
emissions of hydrogen sulfide (H2S) from the digester/H2S scrubber (AIRS 002).
Daily emissions of H2S shall be determined by multiplying the volume of tail gas emitted to the
atmosphere times the average concentration of H2S in the tail gas for the day. The calculated
emissions shall be made in lb of H2S emitted
Monthly emissions of H2S shall be determined by summing the daily emissions for the calendar
month.
Annual emissions of H2S shall be determined by summing the monthly emissions for the
calendar year
Records of the daily, monthly and annual emissions shall be maintained and made available for
Division inspection upon request. (Reference Reference Regulation Number 3, Part B. II.A 4)
21. The AwiFLEX Cool process analysis system shall undergo Quality Assurance/Quality Control
(QA/QC) testing following the guidelines in Section V of the "Guidelines for State -Only Required
Continuous Monitoring Systems in the State of Colorado" which can found at the link listed below
https.//www colorado.00v/pacific/sites/default/files/AP Continuous-Monitoring-System-Guidelines.pdf
ADDITIONAL REQUIREMENTS
22 All previous versions of this permit are cancelled upon issuance of this permit.
23 Continuous fugitive H2S monitoring shall be conducted ON SITE as listed below. The Heartland
facility shall install 7 continuous H2S monitors and alarms onsite for overall safety with the
following provisions
• 3 monitors shall be located within the digester island containment area
• 2 monitors shall be located with the BUS (biogas upgrade system) and Biorem area
• 1 monitor shall be located near the CAL (covered lagoon)
• 1 monitor shall be located near the centrifuge building
• All monitors shall be set to alarm at 10 ppm H2S
• All personnel working near potential H2S sources shall wear individual H2S monitors set
to alarm at 10 ppm H2S.
24. The terms, conditions and information contained in Attachments A and B are hereby incorporated
into this permit, and shall be enforceable as if fully set forth herein including, but not limited to,
AIRS ID: 12319A94 Page 7 of 14
Pnnteti from elect cnt: record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
emission point description, emission factor summary, emission limits or other limitations; controls,
and specific requirements (Reference: Regulation Number 3, Part B III E )
25 This permit replaces the following permits and/or points, which are canceled upon startup of the
points in this permit The owner or operator shall submit a cancelation notice for the following
equipment with the Notice of Startup for the corresponding new equipment in this permit
Permit
Number
AIRS ID
Notes
13WE2980
123/9A94/008
Temporary Flare — John Zink or equivalent rated at 650 scfm
13WE2981
123/9A94/009
Kanuka Gas Clean up system
13WE2982
123/9A94/010
Temporary Boiler — rated at 8.4 mm BTU
13WE2983.XP
123/9A94/011
Temporary CAT engine — rated at 39 hp.
26. The AIRS ID number shall be marked on the subject equipment for ease of identification
(Reference Regulation Number 3, Part B, III.E.) (State only enforceable).
27 The particulate emission control measures listed in Attachment A (as approved by the Division)
shall be applied to the particulate emission producing sources as required by Regulation Number
1,III.D 1 b.
28 A Revised Air Pollutant Emission Notice (APEN) shall be filed (Reference Regulation Number 3.
Part A II.C )
a Annually whenever a significant increase in emissions occurs as follows
For any criteria pollutant:
For sources emitting less than 100 tons per year, a change in actual emissions of five
tons per year or more, above the level reported on the last APEN submitted, or
For volatile organic compounds (VOC) and nitrogen oxide (NOx) sources in an ozone
non -attainment area emitting less than 100 tons of VOC or nitrogen oxide per year, a
change in actual emissions of one ton per year or more or five percent. whichever is
greater. above the level reported on the last APEN submitted, or
For sources emitting 100 tons per year or more of a criteria pollutant, a change in
actual emissions of five percent or 50 tons per year or more whichever is less, above the
level reported on the last APEN submitted: or
For sources emitting any amount of lead, a change in actual emissions, above the level
reported on the last APEN submitted. of fifty (50) pounds of lead
For any non -criteria reportable pollutant:
If the emissions increase by 50% or five (5) tons per year, whichever is less. above the
level reported on the last APEN submitted to the Division
b Whenever there is a change in the owner or operator of any facility, process, or activity,
or
c Whenever new control equipment is installed, or whenever a different type of control
equipment replaces an existing type of control equipment; or
AIRS ID: 123/9A94 Page 8 of 14
Pnnted from electronic record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
d. Whenever a permit limitation must be modified, or
e No later than 30 days before the existing APEN expires.
GENERAL TERMS AND CONDITIONS:
29. This permit and any attachments must be retained and made available for inspection upon
request. The permit may be reissued to a new owner by the Division as provided in Regulation
Number 3, Part B.II.B upon a request for transfer of ownership and the submittal of a revised
APEN and the required fee.
30 If this permit specifically states that final approval has been granted, then the remainder of this
condition is not applicable Otherwise, the issuance of this construction permit does riot provide
"final" authority for this activity or operation of this source. Final approval of the permit must be
secured from the Division in writing in accordance with the provisions of 25-7-114.5(12)(a) C R.S
and Regulation Number 3, Part B.III.G Final approval cannot be granted until the operation or
activity commences and has been verified by the Division as conforming in all respects with the
conditions of the permit. Once self -certification of all points has been reviewed and approved by
the Division, it will provide written documentation of such final approval. Details for obtaining
final approval to operate are located in the Requirements to Self -Certify for Final Approval
section of this permit.
31 This permit is issued in reliance upon the accuracy and completeness of information supplied by
the applicant and is conditioned upon conduct of the activity, or construction, installation and
operation of the source, in accordance with this information and with representations made by the
applicant or applicant's agents. It is valid only for the equipment and operations or activity
specifically identified on the permit (Reference: Regulation Number 3, Part B III. E.)
By
Michael Harris, P E
Permit Engineer
Permit Histo
Issuance
Date
Description
Issuance 2
This issuance
Increase biogas throughput, increase H2S concentration, increase bio
filters from 1 to 3 units and adjust emissions as needed. Change in
name/ownership from Heartland Renewable Energy to Heartland
Biogas LLC
Issuance 1
May 20, 2013
Issued to Heartland Renewable Energy
By
ii lead, ;
FOR
R K Hancock III, P. E
Construction Permits Unit Supervisor
Notes to Permit Holder (as of date of permit issuance)
1) The production or raw material processing limits and emission limits contained in this permit are
based on the production/processing rates requested in the permit application. These limits may
be revised upon request of the permittee providing there is no exceedence of any specific
emission control regulation or any ambient air quality standard. A revised air pollution emission
AIRS ID: 123/9A94
Page 9 of 14
Panted `rom &cr.!,on,c record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
notice (APEN) and application form must be submitted with a request for a permit revision.
(Reference: Regulation Number3, Part B II.A 4)
2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative
Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the
Division of any malfunction condition which causes a violation of any emission limit or limits
stated in this permit as soon as possible, but no later than noon of the next working day, followed
by written notice to the Division addressing all of the criteria set forth in Part II.E 1. of the
Common Provisions Regulation. See https://www.colorado gov/pacific/cdphe/aqcc-regs
3) The emission levels contained in this permit are based on the following emission factors
Point 001: 2 (two) Boilers rated at 12 mm BTU/hour each
CAS
Pollutant
Emission
lb/mm btu
Factors — Uncontrolled/controlled
Source
PM/PM10/PM2.5
0.0048
Mfr
NOX
0.029
Mfr
SO2
7.6 e-4
Mass balance based on H2S content in
natural gas(4 ppm)
CO
0.037
Mfr
VOC
0 025
Mfr
Point 002: Anaerobic digester emissions controlled by 3 Biorem biotricklinq filters
connected in series
CAS
Pollutant
Emission Factors - Uncontrolled
Source
Emission Factors — Controlled*
Source
71432
H2S
1743 ppm
Mass balance
57 ppm
Mass Balance
Waste gas throughput = 9, 95 mm scf per day at 100 % capac ty, Biorem biotrickling filter facili
Operating design at 95% capacity
Point 003: 1 (one) Flare: rated at 201 mm BTU /hour
Pollutant
Ib/NMA BTU
Emission Factors —
Source
PM/PM10/PM2‘5
0
Smokeless flare
NO
0.068
AP 42 table 13 5-1
SO2
0.550
Eng. Estimate based on H2S content in bio gas = 2350 ppm and
daily biogas throughput = 7 5 mm scf at 640 btu/scf and 98%
conversion to SO2
CO
0 37
AP 42 table 13 5-1
VOC
0 052
AP 42 table 13 5-1 (reduced by 63% to account for methane and
ethane (AP 42 table 13.5-2)
H2S
0 0061
Eng estimate based on 98% flare efficiency for converting H2S to
SO2
Raw Biogas throughput = 7 5 mm scf per day @ 64% CH4, 24 days of operation
Point 005: Vehicle traffic — fugitive dust
Emissions calculated using AP 42 Section 13.2
4) The following equipment/process is currently exempt from construction permitting requirements
AIRS ID: 12319A94
Page 10 of 14
Pnntecl from efectrcnic record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
based on information provided by the operator for the Division's analysis:
AIRS ID
Facility ID
Description
Notes
123/9A94/013
Permit
15WE0954.XP
Composting
Digester solids are treated
in a composting operation
as a finishing step (moisture
control)
APEN Required
Permit Exempt
VOC emissions =
48 tpy
Compost piles are
Permit Exempt by
Regulation 3, Part
B.II.D.h
5) In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated
with this permit is valid for a term of five years from the date it was received by the Division. A
revised APEN shall be submitted no later than 30 days before the five-year term expires. Please
refer to the most recent annual fee invoice to determine the APEN expiration date for each
emissions point associated with this permit. For any questions regarding a specific expiration date
call the Division at (303)-692-3150.
6) The permit holder is required to pay fees for the processing time for this permit An invoice for
these fees will be issued after the permit is issued. The permit holder shall pay the invoice within
30 days of receipt of the invoice. Failure to pay the invoice will result in revocation of this permit
(Reference: Regulation Number 3, Part A.VI.B.)
7) This facility is classified as follows.
Applicable
Requirement
Status
Operating Permit
Synthetic minor (H2S as a regulated pollutant)
PSD
Synthetic minor (H2S as a regulated pollutant)
NANSR
True minor
8) Potential to emit for greenhouse gases (GHG) emissions as reported by the source and adjusted
for changes in process conditions.
Source
CO2e tons/year
2 Boilers
13,600
Flare
12,290
Scrubber
58,471
Digester tank fugitive
7
Equipment fugitive
1,085
Liquids/solids separation
5,456
Solids composting fugitive
353
Lagoon fugitive
1,714
Total
92,976
9) Greenhouse gas (GHG) emissions. This source may be subject to the GHG reporting
requirements under the 'Mandatory Greenhouse Gas Reporting Rule for EPA (See — 40CFR
Part 98 for more information.)
10) Unless specifically stated otherwise, the general and specific conditions contained in this permit
have been determined by the Division to be necessary to assure compliance with the provisions
AIRS ID: 12319A94
Page 11 of 14
Pnnted from electronic record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
of Section 25-7-114.5(7)(a), C R.S.
11) Each and every condition of this permit is a material part hereof and is not severable Any
challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit and
upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked
at any time prior to self -certification and final authorization by the Division on grounds set forth in
the Colorado Air Pollution Prevention and Control Act and regulations of the AQCC including
failure to meet any express term or condition of the permit If the Division denies a permit,
conditions imposed upon a permit are contested by the applicant, or the Division revokes a
permit, the applicant or owner or operator of a source may request a hearing before the AQCC for
review of the Division's action. (Reference Regulation Number 3, Part B III.F.)
12) Section 25-7-114.7(2)(a), C R S requires that all sources required to file an Air Pollutant
Emission Notice (APEN) must pay an annual emission fee. If a source or activity is to be
discontinued, the owner must notify the Division in writing requesting a cancellation of the permit
Upon notification, annual fee billing will terminate.
13) Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and
Control Act or the regulations of the AQCC may result in administrative, civil or criminal
enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil
penalties), -122 1 (criminal penalties). C.R S.
14) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can
be found at the following website htta //ecfr.aooaccess.gov/
AIRS ID: 123/9A94 Page 12 of 14
Pnnted from electrmic record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
ATTACHMENT A
PARTICULATE EMISSIONS CONTROL PLAN FOR PROCESSING ACTIVITIES
THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR
COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY
THE AIR QUALITY CONTROL COMMISSION REGULATION NUMBER1, Section HI.D.1.b. THIS
SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES:
a. Processing Activities - Visible emissions not to exceed 20% opacity, no off -property transport of
visible emissions
Haul Roads - No off -property transport of visible emissions shall apply to on -site haul roads, the
nuisance guidelines shall apply to off -site haul roads.
Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when
operating on the property of the owner or operator There shall be no off -vehicle transport of
visible emissions from the material in the haul trucks when operating off of the property of the
owner or operator
Control Measures
1 Unpaved haul roads shall be watered as often as needed to control fugitive particulate emissions
AIRS ID: 123/9A94 Page 13 of 14
Punted from electronic record
Heartland Biogas, LLC
Permit Number 12WE3172.CP2
Issuance 2
Colorado Department of Public Health and Environment
Air Pollution Control Division
ATTACHMENT B
Heartland Renewable Energy, LLC
Weld County, Colorado
LIST OF ACCEPTABLE FEEDSTOCK SUBSTRATES
Acceptable for Air Permit
Any additional feedstock types must be accepted by Air Department before utilized at Heartland
this is a Class I Compost Facility which accepts Types 1.2 and 3 Feedstocks.
• Type I includes: Agriculture crop residues, manure, untreated wood wastes. yard. paper
and green wastes
• Type 2 includes: Animal material, animal mortalities, and source separated food wastes
• Type 3 includes: Biosolids, solid waste, processed solid waste and sludges
Feedstocks that will be accepted include:
• Grease Tank Bottoms from meat rendering
• Restaurant grease
• Pressed or centrifuged Dissolved Air Floatation (DAF) cake from food processing industry
• Fats, oils and greases (FOG) - high fat content material from food processing
• Poultry byproducts (fat, vicera, offal)
• Concentrated Grease Trap Waste (GTW)
• Poultry, swine & beef processing waste other than bone, blood, feathers and hides
• Processed dewatered DAF from food processing industry
• Concentrated whey, lactose or delactose from a reverse osmosis (RO) system
• Reject processed foods (all types)
• Food waste
• Dewatered DAF from food processing industry
• Poultry hatchery waste
• Ultra filtered whey or lactose
• Paunch manure
• High moisture DAF and GTW from food processing industry or restaurants
• High moisture organic materials from processed grapes. vegetables, fruits, sugar beets.
potatoes, unions, and other processed agricultural products
Feedstocks which WILL NOT be accepted:
• Municipal Waste
• 1lazardous Waste
AIRS ID: 123/9A94
Page 14 of 14
Appendix N
From: 3acop jbpmas
To: &p. l
Cc: Balch Dater Cheryl Hamer Tamm Vantit AI Kurzenhauser
Subject: RE: Heartland Biogas First Manure Acceptance
Date: Wednesday, November 30, 2016 2:13:27 PM
Attachments: imaoea01 inn
imaathaing
You are correct that the certification report was not submitted 60 days prior to acceptance of
the feedstock but we received permission from Larry Bruskin prior to receiving the
feedstock. Larry authorized us to receive the feedstock before the 60 day requirement.
Jason Thomas
C: 720-538-6130
O: 970-515-7396
This email is confidential and may contain privileged information.
If you are not an intended recipient, please delete this entail and notify us immediately.
My unauthorized use or disclosure is prohibited.
From: Ben Frissell [mailto:bfrissell-durlev'cco.wceld.co.usl
Sent: Wednesday. November 30, 2016 2:06 PM
To: Jason Thomas <Jason.Thomasia1.edf-re.com>
Cc: Ralph Daley <Ralph.Daley a edf-re.com Cheryl Hainich <Cheryl.Hanuch(dedf-
re.com>; Tammi Vantil <tvantilra comcast.net Al Kurzenhauser <ALKurzenhauser@edf-
re.com>
Subject: RE: Heartland Biogas First Manure Acceptance
Jason,
It appears that the Original Report was submitted on December 4, 2013 and feedstock was first
delivered at the facility January 11, 2014. Would you agree?
If so, it seems that the construction certification report was not submitted 60 days prior to the
acceptance of feedstock as indicated in Development Standard 7 on both E"SR-1704 and
MUSR14-0030.
Let me know if you have any questions regarding this issue.
Thanks you,
Ben Frissell
Environmental Health Specialist
Weld County Department of Public Health and Environment
1555 North 17th Ave. Greeley
blrissell-durley aco.weld.co.us
970-400-2220
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged. confidential or otherwise protected from disclosure. If you have
received this communication in error, please immediately notify sender by return e-mail and
destroy the communication. Any disclosure. copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
From: Jason Thomas Imailto:.tacon_Thom s( edf-re_cam]
Sent: Wednesday, November 30, 2016 12:42 PM
To: Ben Frissell <bfrissell-dzrle ttweld coas>
Cc: Ralph Daley <$alph.faleygedf-re.com>; Cheryl Hainich <Cheryl.Hainich@ edf-
re,cam>; Tammi Vantil <tvantil@comcast net>; Al Kurzenhauser <Al Kurzenhauserr4)edf-
igSS9111>
Subject: Heartland Biogas First Manure Acceptance
Ben,
Yesterday you requested documentation for the first addition of manure to the covered
anaerobic lagoon in accordance with USR-1704 item number 7. The attached letter (CDPHE
Letter 4.4.2014) demonstrates that the construction certification report was submitted on
December 4. 2013. The letter refers to this as the "Original Report." On January 10, 2014
Larry Bruskin approved our request to add manure to the covered anaerobic lagoon in an
email (copied below). The first manure was delivered to the site on January, 11, 2014.
kind regards,
Jason Thomas
C: 720-538-6130
O:970-515-7396
This email is confidential and may contain privileged information.
If you are not an intended recipient, please delete this email and notify us immediately.
Any unauthorized use or disclosure is prohibited.
From: Bruskin - CDPHE, Larry [mailto:larry.bruskin(g)state.co.Lis I
Sent: Friday, January 10.2014 11:00 AM
To: James Potter; Laura Kellogg; Marcy Kappen; Tom Haren
Cc: Roger Doak - CDPHE
Subject: Approval for Manure Slurry in the CAL
Jim -
The Division has reviewed the requirements of Change Request 11, relative to testing the
Covered Anaerobic Lagoon (CAL) with clean water. Based on this review, along with the
subsequent testing results showing that no water was encountered in the sump as determined
through pumping during the 2 -day test period, the Division is satisfied that the requirements
of Change Request 11 have been met. Therefore, the Division approves the request to add the
manure slurry to the CAL as part of the microorganism colony development.
Should you have any questions, please let me know.
Larry Bruskin
Law rence J. Bruskin, Y.E.
Professional Engineer
Solid Waste Permitting Unit
Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division
Colorado Department of Public Health & Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
303-692-3384 I JSrr}.bruskin:gstate.co.us
NOTE: As a public agency, the vast majority of our communications are public documents
produced within the scope and course of our business. We don't want to create a false
expectation of confidentiality in what are likely public documents. To the extent that our
statutes protect the information we are sending, we are not giving up any argument regarding
confidentiality by omitting the confidentiality language.
Appendix 0
From: Bruskin - CDPHE, Larry[mailto:larrv.bruskinPstate.co.usl
Sent: Monday, February 24, 2014 8:31 AM
To: Chad TeVelde <cteveldePawros.com>; James Potter <jim.botterPaAenergyusa.com>
Subject: Re: Here is the simple Change request 13
Chad -
Please find attached CDPHE approval for Change Request 13.
Also. I was out of the office the end of last, and I know you left a voicemail asking about how
changes to the approved EDOP are handled, with respect to revising the document and keeping it
current. Your thought was to revise the document at the end of construction, incorporating the
changes made during construction. I agree with that - after construction is finished would be
appropriate. You also correctly indicated that when the facility is built and is inspected, the
inspectors will expect to see a revised EDOP that reflects actual features, operations, drawings.
etc.
Hope this helps - Larry Bruskin
Lawrence J. Bruskin, P.E.
Professional Engineer
Solid Waste Permitting Unit
Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division
Colorado Department of Public Health & Environment
4300 Cherry Creek Drive South
Denver, CO 80246-1530
303-6923384 I jarrv.bruskingtstab.co.us
NOTE: As a public agency, the vast majority of our communications are public documents produced within the
scope and course of our business. We don't want to create a false expectation of confidentiality in what are likely
public documents. To the extent that our statutes protect the information we are sending, we are not giving up
any argument regarding confidentiality by omitting the confidentiality language.
Appendix P
COLORADO
Department of Public.
Health Et _nv'ronment
Dedicated to protecting and :rncresu.g the health and environment of the people of Colorado
August 10, 2016
Ralph Daley
EDF Renewable Energy
1925 Isaac Newton Square. Ste 280
Reston VA 20190
James Potter
AgEnergy LSA, LLC
163 North Shore Road
Hampton, NH 03842
RE: Comments 2015 Annual Groundwater Monitoring Report
heartland Biogas. L_C facility
SW/WLDiHRE 4.3
Dear Mr. Daley and Mr. Potter:
The Coterado Department of Public Health and Environment ("CDPHE") Hazardous Materials and Waste
Management Division ("Division") received the following annual report ("Monitoring Report") for the Heartland
Biogas, LLC facility ("Facility") located at 19179 Weld County Road 49. Weld County, Colorado.
2015 Annual Groundwater Monitoring Report. Prepared by: AGPROfessionals. Document dated:
April 28. 2016. Document received: Apnl 28, 2016.
The Division reviewed the submitted Monitoring Report pursuant to 6 CCR 1007.2, Part 1, the Regulations
Pertaining to Solid Waste Sites and Facilities ("Regulations"). Based on the Division's review, it appears that
current groundwater monitoring program activities occurring at the Facility do not meet requirements of Appendix
B of the Regulations. Submit a Work Plan, and a Revised Groundwater Monitoring Plan and Sampling and Analysis
Plan with 60 days of the date of this letter (by October 9. 2016) addressing the comments below.
Comment 1. In accordance with Appendix B2 of the Regulations, a ground water monitoring system must
consist of a sufficient number of monitoring wells installed at appropriate locations and depths which win
yield ground water samples that represent the quality of background ground water that has not been
affected by leakage from a unit and that represent the quality of ground -water at the relevant point of
compliance specified in Section 2.1.15 of the Regulations. The following information submitted in the
Monitonng Report indicates that the Facility's groundwater monitoring well network does not meet the
requirements of Appendix 82 of the Regulations. Installation of additional monitoring wells is required.
a. Monitoring Report Section 1.3 indicates "Monitoring wells MW- 1 and MW -3 are completed to
depths which do not connect hydraulically or yieid sufficient groundwater."
b. Monitoring Report Section 5.0 says "One of the most basis premises lsic) of groundwater
monitoring is that the monitoring well must provide a representative hydraulic connection to
the monitored unit. Without this hydraulic connection, the groundwater analytical data cannot
4300 Cherry Creek Drive S., Denver. CC 30246.1530 P 303.692.2CO0 www.coiorado.Qovicdpne
John 'N. Hickcntucper. Governor Lau'Not • ML, MSPH, E;ecitive Director anc Chief ,Menical Office!
'dr lames P,,ue: ar ti \h Raipn rrale%
irnnientc 2015 Aiimial';roiincl" Itcr \+I,JIinL'r;J)a ' ertoit
\uaust l:;. _'iJi+.
;;e ince;t:rei&U ir: rr!o:i in Co the f'ow system dynamics cr il;e Cr'?nspor{ .of _ar'3tituents Ot
:oncern in the monitored unit
t ring Report: cti I 2 says "Fifteen sim ifin evontr were conducted from 2009 to 2015.
Monitoring c•�t-� � -
i_ -,. tec Se,;on:!
`jGn'PvE'J. _�4L J: :"tlUl? rNGnfCi!i Illy rici:S die f;:+zLcr,C'y icri�r. .: •.13 •.j'y. .i ],:ero gap:. ".L;.ii
due to "dry" monitoring wells, There are less than five analytical results for mos% constituents
Sietec eC are Rrnniw!ins Wel (: MIN -1 and MW
d. Monitoring Report Appendix C indicates that a SCL is control limit) was :alculaced from
monitoring well MW -1 and monitorng well MW -3 nitrate data and that a SCL was calculated from
monitoring well MW• 1 and monitonng well MW -3 iron data. For each of these monitonng well
Locations there are tour or less data points. an insufficient number to calculate a SCI.. The
Division greatly appreciates the trend charts being shown ;n Appendix C and concurs _hat a
trend•chart method, as used by the Facility. for displaying the data is a good option• however.
the lack of data is an indication of an insufficient monitoring well network or groundwater
monitoring program
Comment 2. In accordance with Appendix 83 of the Regulations the groundwater monitoring program must
include consistent sampling and analysis procedures that are designed to ensure monitoring results that
provide an accurate representation of groundwater quality, have the number of samples collected to
estabiish groundwater quality data consistent with the appropriate statistical procedures. and there must
oe a determination of whether or not there is a statistically significant increase over background values
for each parameter or constituent required. The following information submitted in the Monitonng Report
indicates that the Facility's groundwater monitoring program is not meeting the requirements of Section
83 of the Regulations. Submit a revised groundwater monitoring plan, including a sampling and analysis
plan, that describes a groundwater monitoring program in accordance with Appendix B.
a. Monitoring Report Section 4.4 says "Shewhart control charts were prepared for Department use
in detection monitoring of hazardous ccnstituents in general accordance with Appendix B of the
Regulations...The statistical analyses used all available data, and frequently, less than eight
data points exist for specific monitoring wells and constituents. Only limited data exists for
copper, zinc, and silver, so review and analysis was not conducted for these constituents. The
selected constituent concentrations versus time data were plotted together with Shewhort
Control level (SCL)" Statistical analysis was not done for copper. zinc. silver. carbonate, or
nitrite; however, when these constituents were analyzed for, they were frequently not detected.
Therefore, the Division concurs that Shewhart•CUSUM (the method discussed in the approved
Engineering Design and Operations Plani may not be an appropriate method of statistical
analysis; however. Appendix 8 requires statistical analysis for all constituents and the Division
will accept a method other than Shewhart-CUSUM for non -parametric constituent data.
b. As a result of an insufficient groundwater monitoring well network and groundwater monitoring
program, it appears that there is not enough data to complete Shewhart-CUSUM statistical
analysis in many circumstances. When data is available, it is not clear what background data is
being used to calculate a control limit ("SCL") and it is not clear how data is being managed to
review normality and handle non -detects. It also appears the Facility is not showing a calculated
cumulative sum (CUSUM) in Monitoring Report Appendix C and information is not being provided
en its calculation or comparison to a control Limit.
Monitoring Report Appendix C MW -1 and MW -3 charts show pHs of zero for monitoring events
where pH was not collected. Other MW-i and MW -3 analytes, such as iron and chloride, appear
to be shown as zero in Appendix C charts where samples were not analyzed. This is an indication
of inadequate statistical analysis and a symptom of an inadequate groundwater monitonng plan
and sampling and analysis plan.
d. The laboratory report. provided in Monitoring Report Appendix A indicates teat metals are
reported as dissolved for 2015. Information provided to the Division for 2014 appears to indicate
that metals are total metals, and it is not clear whether or not historical metal results are
dissolved or total. As dissolved metals analytical data is not comparable to total metals
Mr Tames Firmer and Mc Ralph •)alcy
l . mitre ins :0 5 Ann•ial t ,rutlntnwarer kloilltor'flk ':pi"r
A4ust 1,1. :!'t
analytical data. statistical results/ e acY,rgr"\._.rc nicy not _te reliable It appears thai Totals //ere
'equested to be lab filtered as a resu'.t of the seeiment present in samples collected from
monitoring weer and the sediment present. J 3 !e;t;lt. ^i ar :radequate monitoring well networ"'
e.* potential rrrcritaring wed Je'relwceta.'-t
Comment 3. For compliance assistance purposes, the Division has the following additional comments.
a. Maximum Contaminant Level; (MCLsi are-eferenced ir. Section 4.3. fable 3, Table 4. an::
Appendix C of the Monitoring Report. The Water Quality Control Commission l 'WQCC")
responsible for the adoption of the state's groundwater quality standards. The Division is
responsible for implementing groundwater quality standards at solid waste disposal sites and
facilities. Therefore, when referencing groundwater standards, those provided in WQCC 5 CCR
1002-41 Regulation 41. The Basic Standards for 'groundwater, are the appropriate standards to
reference.
b. Monitoring Report Section 4 d says "Shewhar control charts were prepared for Deportment use
in detection monitoring of hazardous constituents in general accordance with Appendix B of the
Regulatons." As clarification. Appendix B, Section q;tli of the Regulations provides the
requirement that the owner or operator must determine whether there is a 551 over background
values for each parameter or constituent required in the groundwater monitoring program.
Submit a Work Plan, and a Revised Groundwater Monitoring Plan and Sampling and Analysis Plan with 60 days of
the date of this setter (by October 9. 2016) addressing the comments above. At a minimum the work plan should
provide a scope of work with adequate detail for the installation of a minimum of two additional wells. One of the
proposed monitoring wells should be located hydraulically downgradient of the facility, generally in accordance
with Section 2.1.15 of the Regulations, and screened in the uppermost aquifer/water bearing monitored unit. One
of the proposed monitoring welts should be located hydraulically upgradient of the Facility, capable of
representing background water quality, and screened in the uppermost aquifer/water-bearing monitored unit. The
work plan should include a figure showing the proposed monitonng well locations and should indicate specifics
concerning monitoring welt installation, including the proposed monitoring well depth, well diameter, casing and
screened interval length, filter pack, screen slot size, and annular seal. Indicate what soil boring log/lithologic tog
methods (i.e. sod classification) will be employed during monitoring well installation. Additionally, the work plan
should indicate what screening methodologies (i.e. photoionizing detector, visual/staining observation, olfactory
observation, etc.) will be utilized during well installation, if any. The work plan should describe how the proposed
monitoring wells will be development and indicate total depth measurements will be collected following
development. The monitoring well top -of -casing and ground surface elevations should be surveyed by a Colorado
licensed surveyor.
The groundwater monitoring plan and sampling and analysis plan snould included, but not be limited to, the
following information: discussion of site geology and hydrogeology, groundwater morntonng well network
(including discussion of existing wells and proposed new wells), well inspection activities, project personnel
responsibilities, water level and total depth or wed measurement activities, monitoring well purging activities.
sampling procedures and frequency, field measurement parameters and equipment, equipment calibration, field
analysis procedures, eecontamination procedures, sample containers and preservation. sample hold times, sample
shipment, detection monitoring parameters. analytical procedures. field and laboratory quality control
procedures, assessment of field contamination and field variability, chain -of -custody procedures, field forms and
documentation, analytical methods and detection limits, data quality review, field and laboratory quality
assurance/quality control procedures, data validation ant review, reporting requirements, detection monitoring
data evaluation. and statistical analysis.
Note that this letter does not preclude additional comment from Weld County.
The CDPHE is authorized to bill for its review of technical submittals pursuant to Section 1.7 of the Regulations
Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2. Part 1i. An invoice for the Division's review of the
•.i iii r• i i:.'�rr`.euai-ite cover O tee ii :ii 'lily X111: �. :r+ay
- Ci
•
.. ;^•v :.�:..f:L:v. rO'/. I:d:'T'�=: c:i he soha•waste•reautattons..
ti. �i :tilt
•
Py emdii at ' eathertiarbare61_Stite _:.._.
5mcerel', ,
1_.=f.�. .,r r_�,_�, _` art- -71.'r u52 'fir �•l�r '�'L
Heather 5arbare CHn4M
Env+ronmentat Protection Specialist
Solid Waste Permitting Unit
Hazardous Materials and Waste Marageme 't Dtvis;cn
ar-
Laura Kellogg, AgEnergy
Bob Yost, Al Organics
Ben Friseli, Weld County Department of Public Healt" and Environment
Doug Ikenberry P.E.. CDPHE Solid Waste Compliance Assurance Unit
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
August I9.2016
EDF Renewable Services
Attn: Jason Thomas
19179 Weld County Road 49
LaSalle. CU 80946
Subject: Heartland Biogas, First Semiannual Inspection 2016
Dear Mr. Thomas:
On June 24. 2016 the Weld County Department of Public I lealth and Environment (WCDPHE) conducted a routine
inspection of the Heartland Biogas anaerobic digester facility and digester process system, located at 19179 Weld
County Road 49. LaSalle Colorado. Follow-up documents were submitted on July 12 and August 5. 2016. The purpose
of the inspection was to assess the facility's compliance with the Development Standards set forth in the Usc by Special
Review Permit. USR-1704 and the amended I'se by Special Review Permit, NIUSR14-0030.
A letter from the Colorado Department of Public Health and Environment (CDPHE). dated August 10. 2016. outlined
deficiencies in the facility's groundwater monitoring program. Please keep WCDPHE apprised on the status of the
requested documentation (Work Plan. Revised Groundwater Monitoring Plan and Sampling and Analysis Plan)
addressing the CDPHF. comments. This information should be supplied no later than October 9.2016 as indicated in the
CDPHE letter.
Based on the inspection and the documentation provided, the facility cc as generalls in compliance with USR-1704 and
MUSR 1 4-0013.
If you have any questions. please contact me at 970-400-2220.
Sincerely.
Ben Frissell
Environmental Health Specialist
WCDPHE. Environmental Health Services
cc: Heather Barbarc. CDPHE
Noah Administration
Vital Ripcords
iele V7() 3O4-64JC)
Far 970-3(4-6412
Public Hearth S.
Clinical Services
lee 910-.x74.647('
Fax 97O -3O4-64 10
Envronm•n/al Health
SHvic•2
Communication
Education 1 Planning
Emr.rgency Proparednoss
L R.sponse
(tie. v -3-3M-64'0
Fax: 97O.3O4-6452
Public Health
Facility:
•
rime In: 12 T 3U
SOLID WASTE DISPOSAL SITE AND FACILITY INSPECTION Time Out:
J1\'. -O Inspection Date: 6/4 -4/1c
Composting
Functional Cat$ory
Record Review
EO1!' 2013 tea, 3 (AePax'`) coo?)
Requirement Description
Inspector(s): • �►' X11
Citation Violation
. vrnlP
Certificate of Designation
closure/Post-dosure
Construction Quality Assurance
D and O Plan
Design Requirement
Duty to Comply
Fees
Monitoring - Ground Water
Operating Requirements
Personnel Training
Preparedness and Prevention
Recordkeeping
Reporting
Waste Characterization,Acceptan
Certificate of Designation and Records -c.a to 0
Illegal Disposal
Closure Plan
Construction QA_QC Plan Implementation
D?S hPP Rua)
Construction QA_QC Report - S AW
Construction Quality Assurance
Composting Plan for Class IV and V
D and O Plan ZU("3 Apetyvk1
0 and O Plan Change -
D and 0 Plan Submission 20 (1I s., .0
Leachate Control \AX.v4 Q PS
Professional Engineer Review
Surface Water Control
Duty to Comply
Solid Waste User or Annual Fees
Ground Water Monitoring Plan
Approved Waivers
Class -specific Requirements
Personnel Training
Contingency Plan Lb,
Fire Protection Plan
Recordkeeping
Recordkeeping
Recordkeeping
Recordkeeping
Recordkeeping
Recordkeeping
Recordkeeping
Recordkeeping
Recordkeeping
Reporting
Waste Analysis,Acceptance,HW Exclusion
ptctiZAAA
14.1.3(A) - (8); 14.7.1(K)
1.3.3, 30-20-102
14.8
14.3.2(A)
14.3.2(C)
14.3.2(8)
14.11
14.4
1.3.9
14.1.3(C); 14.10
14.3.1(C)
14.3.1(A)
14.3 1(81
14.3.3(1)
1.5
14.6
14.3.3(1); 14.7.1(M)
14.3.3(6)
14.3.3(H)
14.7.1(D), (E)
14.7.1
14.7.1(4)
14.7.1(F)
14.7.1(G)
14.7.1(H)
14.7.1(1)
14.7.1(1)
14.7.1(8)
14.7.3
14.5.1
Page lot2
Note.'
tefer oe
A 1
Facility: N L Aces 1.h.,()
Waste Characterizatlon,Acceptan
Site Review
Closure/Post-closure
Construction Quality Assurance
Financial Assurance
Monitoring • Ground Water
Nuisance Conditions Control
Operating Requirements
Security
Surface Water Control
Waste Characterization,Acceptan
Inspection Date: C it/4/C
Waste Analysis,Acceptance,HW Exclusion
Post -closure Care and Maintenance
No Operation prior to Department Approval
Financial Assurance
GW Monitoring Well System properly maintained
Implement and Maintain a Groundwater Monitoring Program
Control Nuisance Conditions:
Odor Control
Prevent Debris From Escaping and Accum. on Fence
Operating Requirements
Pathogen Reduction Methodology _ 7 7 2
Work pad Area
Access Control_Signage_Perimeter Fence
Stormwater_Leachate pond management
Surface Water Control
Waste Analysis,Acceptance,HW Exclusion
Waste Analysis,Acceptance,HW Exclusion
Waste Analysis,Acceptance,HW Exdusion
Site -Specific Design and Operation Plan Requirements:
Cc ?Vs"- • U ' \-j,_4. 7
C rtes i"
Composting
Note/Regulation ;
Referent'e I
C
teAA.Ass TO
trAC
t4.1t vN4ati1 its
14.5.2
14.9, 2.6.1
14.3.2(D)
1.8; 14.3.3(8); 14.7.1(1)
2.2.1(A), 2.2; 14.7.1(C)
2.2; 14.7.1(C)
2 1.3; 2.1.7; 2.1.11; 14.3.3(0)
14.3.3(I)
14.3.3(0); 2.1.3; 2.1.7; 2.1.11
1410
14.3.3(K)
14.3.1(C)
14.3.3(E) -(F); 2.1.8
14.3.1(6)(6)-(7); 14.3.3(C)
14.3.1(B);14.3.3(C); 2.1.6;
2.1.10
14.5
14.2
14 3.3(A)
Comments and Defidency Requests. + ; .pit::t •1;..
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G( A C (C.r p.,�.,K� lf<-
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Page 2 of 2
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Appendix Q
From: Ben Frissell
To: lacnn.Thomac (7acon.Thornaseedfre.cnrrJ
Cc:
Subject: Weld County Invoices for Solid Waste
Date: Thursday, July 14, 2016 2:44:00 PM
Attachments: imaceilj,ino
Jason,
It appears Heartland has failed to collect and remit the Weld County Solid Waste Surcharge as
required by Chapter 5, Article III of the Weld County Code for waste tires received at the facility. In
accordance with Chapter 5, Article III Section 5-3-30 Collection of Surcharge: "It shall be the duty of
any operator of any solid wastes disposal site and facility in the County to collect said surcharge at
the time dumping fees are collected for disposal, and to remit the same to the County Treasurer on
or before the 20th day of the month following the month in which said surcharge is collected.
Failure to timely pay may result in imposition of a late charge of one and one -haft percent (1.5%)
simple interest per month on the late payment amount." This surcharge applies to all facilities that
has been issued a Certificate of Designation. Past -due surcharges should be remitted immediately.
Please let me know if you have any questions.
Thank you,
Ben Fussell
Environmental Health Specialist
Weld County Department of Public Health and Environment
1555 North 17th Ave, Greeley
.frissell-durleyOco.weld.co.us
970-400-2220
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: Ben Frissell
To: lacnn.Thnmac (3ason.Thornas4aedf-re.corn
Cc: Qoma McNamara
Subject: Weld County Invoices for Solid Waste
Date: Tuesday, November 01, 2016 7:31:00 AM
Attachments: imasitedasa
Jason,
It appears Heartland has failed to collect and remit the Weld County Solid Waste Surcharge as
required by Chapter 5, Article III of the Weld County Code for wastes received at the facility. In
accordance with Chapter 5, Article III Section 5-3-30 Collection of Surcharge: "It shall be the duty of
any operator of any solid wastes disposal site and facility in the County to collect said surcharge at
the time dumping fees are collected for disposal, and to remit the same to the County Treasurer on
or before the 20th day of the month following the month in which said surcharge is collected.
Failure to timely pay may result in imposition of a late charge of one and one-half percent (1.5%)
simple interest per month on the late payment amount." This surcharge applies to all facilities that
has been issued a Certificate of Designation. Past -due surcharges should be remitted immediately.
Please let me know if you have any questions.
Thank you,
Ben Frissell
Environmental Health Specialist
Weld County Department of Public Health and Environment
1555 North 17th Ave, Greeley
bfrissell-durlev(Wco.weld.co.us
970-400-2220
Confidentiality Notice: This electronic transmission and any attached documents or other writings
are intended only for the person or entity to which it is addressed and may contain information that
is privileged, confidential or otherwise protected from disclosure. If you have received this
communication in error, please immediately notify sender by return e-mail and destroy the
communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
Appendix R
c
November 22, 2016
Ben Frissell
Weld County Department of Public I lealth
and Environment
1555 N. 17th Avenue
Greeley, CO 80634
**Also by Email to bfrissell-durley@co.weld.co.us
RE: Applicability of Weld County Solid Waste Surcharge
Dear Mr. Frissell:
William F. Garcia, Esq.
5586 W. 19th Street, Suite 2000
Greeley, CO 80634
970-339-3500
wgarcia@cp2law.com
www.cp2law.corn
This letter is in response to your email dated Tuesday, November 1, 2016 to Jason
Thomas of Heartland Biogas LLC ("Heartland"). In your email, you indicated that Heartland
had failed to collect and remit the Weld County Solid Waste Surcharge as required by Chapter 5,
Article III of the Weld County Code for wastes received at the facility.
In review of Weld County Code Chapter 5, Article III, Section 5-3-20(B) indicates that,
"(n)o surcharge shall be collected for agricultural wastes. Agricultural wastes shall mean all
wastes resulting from the raising of crops or animals on land zoned agricultural by local
requirements, including animal manures and animal mortalities. Heartland processes manures
and animal mortalities in its operation. As such, Weld County Code Chapter 5, Article III,
Section 5-3-20(A) does not apply to Agricultural Wastes.
Furthermore, Weld County Code Chapter 5, Article III, Section 5-
3-20(D) states, "(n)o surcharge shall be collected for the following source -
separated composting feedstock accepted as solid waste sites and facilities
in quantities necessary for effective composting, waste to energy
digestion or other beneficial use: agricultural crop residues, manure,
untreated wood wastes, yard wastes, paper wastes and green waste. Green
waste shall mean plant material source -separated at the point of generation
or separated at a centralized facility and includes yard and tree trimmings,
plant wastes from the food processing industry, untreated wood wastes,
paper products and pre -consumer vegetative food wastes."
Heartland utilizes the above defined agricultural wastes, source -separated composting
feedstock and green wastes as its feedstock for its waste to energy digestion process. These waste
sources are included as the 'List of Acceptable Feedstock Substrates' in the Weld County USR
permit and the CDPHE air permit. At full capacity, this process provides energy to up to 20,000
homes. As such, the surcharge established in Chapter 5, Article III Section 5-3-20(A) of the
Weld County Code does not apply in this instance.
f;)1 f !` c?r C:Oa:NIS I ';RFF.FY
November 22, 2016
Page 2 of 2
The purpose of the aforementioned exemptions in Weld County Code Chapter 5, Article
III, Section 5-3-20(B) and (D) are the legislative intent to remove these wastes from inclusion in
landfills and the promotion of composting, waste to energy generation and other beneficial uses.
The wastes described as exempt are problematic when disposed in landfills, due to the
uncontrolled creation of methane. The beneficial uses of these wastes promotes the declared
policy goal in Weld County Code Chapter 5, Article III, Section 5-3-50, which is to "support
programs that encourage recycling of wastes..." The application of the waste surcharge to uses
intended to be promoted would have the effect of frustrating the legislative intent of the
surcharge as well as not providing the intended incentive to compost, recycle, generate energy
and otherwise put wastes to beneficial uses.
Thank you for bringing this matter to our attention. If you have any further questions,
please feel free to contact me at your convenience.
Sincerely,
Coan, Payton & yayne, LLC
C
y c)(2-/__
K
William F. Garcia
c)riv,Fn I EC,,.. (,u1 I l".40 C-;PLLLC•
Appendix S
ArEARTLAND
biogas project
19179 WCR 49
LaSalle. CO 80645
Electronic Mail
December 2, 2017
Mr. Ben Frissell
Weld County Dept. of Health &Environment
1555 North 17th Avenue
Greeley, Co 80631
RE: Heartland Biogas, LLC
Process Upset — November 25, 2016
Dear Mr. Frissell:
Heartland Biogas, LLC experienced a process upset on November 25, 2016 at approximately 11:30
PM when foam from Substrate Tank # 1 entered secondary containment from the tank vents.
Approximately 13,000 gallons of foam entered the secondary containment. All of the foam was
confined within the secondary containment system for the Substrate Tanks. The facility
immediately stopped receiving the substrate material that caused the foaming and readjusted
the tank level. Kinetic Hydro Vac was contacted in the early hours of November 26, 2016 to begin
removing the foam and gravel rock from the containment area. The outside of the tank was
pressure washed as well as the containment area. All of the rinse waters were removed by the
cleaning contractor. Due to a scheduling conflict Kinetic Hydro was not able to complete the
cleaning by Monday so Atlas Trucking finished the job by Tuesday, November 29, 2016. All of
the foam, rocks, and rinse waters were taken to Rattler Ridge A-1 processing facility for recycling
into compost by Kinetic Hydro Vac.
The Substrate Tank and containment is not associated or connected in any way to the onsite
surface impoundments (North and South Ponds). The release of foam was not from or to a waste
impoundment, was not leachate from a leak detection system, or a condition of noncompliance
necessitating corrective action at any waste impoundment. Therefore, the Contingency Plan in
the facility's EDOP (9.3.3 (D) was not in -acted. Also, the facility does not believe 6CCR 1007-2
Part 19.3.3 (D) (1-2) applies to this process upset that remained in secondary containment from
a process tank.
Furthermore, even though a contractor was called to remove the foam and clean the
containment area and tank, the facility would like to clarify that it did not in -act its contingency
plan either as there was no emergency (catastrophic tank failure), no contamination of surface
water or ground water, no nuisance conditions on site or confirmed beyond the site boundary,
and there were no unusual traffic conditions, hot loads, fires, or undesirable conditions as a result
of the process upset.
wars sdf re com
A EARTLAND
biogas project
19179 WCR 49
LaSalle CO 80645
Page 2
December 2, 2016
For these reasons the process upset was not reported to WCDHE or to CDPHE within 24 hours
from a waste impoundment and the material was removed from site as soon as possible.
Please contact me at (720) - 538-6130 or via email at Jason.lhomasla)edf-re.com if any
additional information is needed.
I
.'5?fi cerely,
Jasprj Thomas
Plant Manager
CC: Heather Barbare - CDPHE Solid Waste Permitting Unit
Garrison Kauffman - Holland & Hart LLP
Cheryl Hainich - EDF Biofuels HSE
www edf-re. corn
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