HomeMy WebLinkAbout20162951.tiffHEARING CERTIFICATION
DOCKET NO. 2016-74.A
RE: A SHOW CAUSE HEARING, PCSC16-0004, CONCERNING A MINOR AMENDMENT
TO A SITE SPECIFIC DEVELOPMENT PLAN, MUSR14-0030, AND USE BY SPECIAL
REVIEW PERMIT, USR-1704, FOR A SOLID WASTE DISPOSAL SITE AND FACILITY
(INCLUDING CLASS I COMPOSTING, AN ANIMAL WASTE RECYCLING OR
PROCESSING FACILITY [AN ANAEROBIC DIGESTER -BASED RENEWABLE
ENERGY PLANT GAS], ALONG WITH A CONCRETE BATCH PLANT TO BE USED
FOR CONSTRUCTION OF THE FACILITY FOR THE ADDITION OF A DIGESTER
PROCESS AND A 70 -FOOT FLARE) IN THE A (AGRICULTURAL) ZONE DISTRICT -
HEARTLAND BIOGAS, LLC
A public hearing was conducted on September 19, 2016, at 9:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Sean P. Conway, Pro-Tem
Commissioner Julie A. Cozad
Commissioner Barbara Kirkmeyer
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
County Attorney, Bruce Barker
Assistant County Attorney, Frank Haug
Planning Services Department representative, Chris Gathman
Health Department representative, Phil Brewer
The following business was transacted:
a I hereby certify that pursuant to a notice dated September 2, 2016, and duly published
September 7, 2016, in the Greeley Tribune, a public Show Cause hearing was conducted to
consider revocation of a Minor Amendment, MUSR14-0030, to a Site Specific Development Plan
and Use by Special Review Permit, USR-1704, for a Solid Waste Disposal Site and Facility
(including Class I composting, an animal waste recycling or processing facility [an anaerobic
digester -based renewable energy plant gas], along with a concrete batch plant to be used for
construction of the facility for the addition of a Digester Process and a 70 -foot flare) in the A
(Agricultural) Zone District.
County Attorney Bruce Barker gave direction for the proceedings.
0` Chris Gathman, Department of Planning Services, presented a brief summary of the events
leading up to the Show Cause hearing to include the Probable Cause hearing on July 11, 2016,
due to violating Development Standards #17, #21, and #44 regarding air pollution violations, odor
compliance and overall compliance with the Conditions of Approval and Development Standards
related to the MUSR14-0030 and USR-1704. Mr. Gathman reviewed the details and timeline and
stated that although there have been 175 additional odor complaints since the Probable Cause
hearing, there has been no record of exceeding the 7:1 threshold odor permit during this period.
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He reviewed the one event in April that exceeded the threshold. He clarified the non-compliance
sections of the Weld County Code in relation to the specific Development Standards section of
the USR and reviewed penalties and a potential course of action.
Lan Phil Brewer, Environmental Health representative, stated since July 11, 2016, the review
of the regulated emissions as described in the USR have been controlled. He reported since
July 11, 2016, there have been an additional 170 odor complaints from surrounding property
owners and a total of 260 odor complaints since November 1, 2015. Mr. Brewer stated odor has
been detected up to three (3) to six (6) miles away and the possibility of this has been confirmed
by an Air Control Pollution Meteorologist. Mr. Brewer stated eleven (11) on -site evaluations have
been conducted from all directions of the Heartland facility. He clarified evaluations were
conducted by two (2) representatives from the Air Pollution Control Division of the State of
Colorado and one (1) representative from the Weld County Department of Public Health and
Environment and the results were identical and within compliance of the requirements. In
response to Commissioner Conway, he stated the event photographed by a neighbor happened
in late July.
Jason Thomas, Plant Manager, represented the applicant and displayed a PowerPoint
presentation highlighting the Plant overview, production status, compliance status, and measures
being implemented to maintain compliance. He reviewed the engineering controls and efforts to
address the odor complaints and Heartland's efforts to reach out to the community. Mr. Thomas
explained that although the odor is a nuisance, it is not a health risk. He explained he is also
certified to perform odor measurements and is committed to doing so. Mr. Thomas explained, in
depth, the stipulations for odor measurement and listed the number of readings performed since
the Probable Cause hearing. He explained that Heartland is working with Trinity Consultants to
address the odor problem and Trinity performed 504 readings resulting in five (5) confirmed
readings that exceeded the 7:1 threshold. Mr. Thomas insisted they are currently compliant and
have demonstrated that compliance through extensive measurement. He explained they are
utilizing an odor neutralizer misting system, with employees continuously checking the systems.
Mr. Thomas gave an extensive explanation of Heartland's investment and commitment to solving
the odor nuisance with the misting system, post construction operational enhancements,
commissioning additional equipment, and tripling filters on the tail gas systems. In addition to
maintaining odors, changes to facility, engineered controls and substrate dosing tank, bids are
out to procure the final engineering materials necessary and he anticipates the completion date
to be March 31, 2017. He listed construction efforts to include: expanding the building, covering
the concrete pad, collecting and treating indoor air with bio-filters, covering the MEP pit, building
a 145 -foot stack and treating the north and south lagoons. Mr. Thomas reviewed the three (3)
community meetings that are currently scheduled and stated he has invited community members
to be involved in measuring by purchasing Nasal Ranger measuring devices for their use. He
listed the community concerns regarding health, timeline, property values, and quality of life. Mr.
Thomas stated Heartland engaged a toxicologist and clarified the concentration of odor detection
is different than the toxicity level.
George lwaszek, Trinity Consultants, displayed a PowerPoint presentation and described,
in detail, the methods used to track the odor levels with a low level H2S monitoring methodology
which provides quality assurance, standardized odor descriptions, and consistent monitoring of
locations. He reviewed the observations at various locations based on wind direction, topography
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and meteorology.
El: In response to Commissioner Kirkmeyer, Mr. lwaszek clarified the slide information on the
number of measurements taken and the number that were not in compliance. In further response,
he attempted to describe the smell using categories of familiar associations. In response to
Commissioner Kirkmeyer, Mr. lwaszek responded he did not know if there is a statute stipulating
odor as a public nuisance. Mr. Brewer stated there is not a statute.
In response to Commissioner Cozad, Mr. lwaszek reported the dates of the five instances
that the measurement exceeded the requirement. Mr. Thomas interjected with the exact dates.
El In response to Commissioner Cozad, Mr. Brewer clarified the detection must be greater
than 15 minutes after the original detection.
In response to Commissioner Cozad, Mr. lwaszek provided his qualifications for the record.
In response to Commissioner Moreno, Mr. lwaszek verified the plant was receiving product
during the times the measurements were taken and the intent was to catch the odor at the worst
times in relation to the meteorology.
Mr. Thomas reviewed the current tasks to continue the evaluation of data provided by Trinity
Consultants, perform intense odor monitoring, use the data to demonstrate compliance with the
goal to continue with evaluation, continue with engineering of odor control measures, and
continue with community engagement. Mr. Thomas insisted that proactive mitigation measures
have been and continue to be implemented at significant cost. He stated the need to resolve the
state interpretation of whether the 7:1 dilution threshold is in accordance with regulations and he
expressed a desire to continue monthly update meetings with County staff. Mr. Thomas reiterated
what a benefit to the community this facility is and that the goal is to be a good corporate neighbor.
a In response to Commissioner Conway, Mr. Thomas stated the Nasal Rangers are provided
to the community and how they use them is not for him to decide but he is requesting the data be
shared with him to continue to assist with mitigation. He verified that two (2) have been provided
at a cost of $1,300.00 each.
Chair Freeman recessed for a five minute break at 11:12 a.m.
R Chair Freeman reconvened at 11:19 a.m. and began the public hearing portion of the
hearing.
Richard Walters, surrounding property owner (SPO), stated he is a member of Weld County
Citizens for Clean Air, and lives in close proximity to the plant. He displayed a PowerPoint
presentation on behalf of the neighbors. In response to Commissioner Conway, he clarified there
is no color code to the pins on the map other than the pink ones are new complaints. Mr. Walters
reported an average of 80 complaints per month. He explained the process of anaerobic digestion
resulting in biogas and that he spoke to a CSU professor who stated usually these digesters
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contain the odor. Mr. Walters stated the cost to be certified as a Nasal Ranger is $500.00, but it
was important to have the opportunity to measure what is smelled every day. He also stated he
is attempting to help Mr. Thomas, who has been transparent with the information and with
Heartland's efforts to mitigate. He explained this odor problem has caused several people to think
of selling their homes; however, the appraisals were decreasing in value while smaller homes
further away appraised for higher amounts. He stated it is difficult to have barbeques, family
functions and weekend gatherings cancelled because no one can stand to be outside. Mr. Walters
stated now before leaving the house, he checks to see which way the wind is blowing. He also
said for those with no air conditioning, it is preferable to have 90 degree heat in the house rather
than open the windows. Mr. Walters expressed his concern and frustration that he and his
neighbors are suffering. In response to Commissioner Cozad, he stated he is willing to share
readings from the Nasal Ranger with Heartland, and he provided the date of the incinerator plume
photo. In response to Commissioner Kirkmeyer, Mr. Walters stated the best outcome is to stop
the plant operations until everything is fixed. In response to Commissioner Moreno, Mr. Walters
stated he attended all of the community meetings. In response to Commissioner Conway, he
stated he believes Heartland is trying to fix the problems but the timeline is unacceptable.
Steve Flippin, SPO, Weld County Citizens for Clean Air, stated he is the closest neighbor to
the plant and approximately 800 feet away. He expressed his frustration that the odors have not
improved and they still seep into the house with the windows and doors closed and fill the
basement up with odor and it takes a long time to get the odor out. He stated there was never a
problem until the plant moved in and now he is forced to deal with the constant odor, noise and
light pollution that wakes him up at night, dust in the lagoon areas where the trucks pull in, and
decreased property values. Mr. Flippin stated he will have to move to get away and it needs to be
fixed. He clarified, it does not smell like manure and it is a nauseous odor. He stated his solution
is to shut it down until it is fixed. Mr. Flippin verified that Mr. Thomas is good to work with but he
does not want to go through this until March. In response to Commissioner Moreno, he has not
been able to attend the community meetings due to work.
Russ Justice, SPO, stated he has attended the meetings but he is frustrated with the
proposed timeline. He expressed his appreciation for the testing being done but the end result is
still the presence of the nuisance odor. Mr. Justice conveyed his frustration at the hours of work
put into dealing with this problem, not being able to work in his yard or have coffee on his porch
and having to keep his windows shut. He pointed out there were probably no complaints before
Heartland moved in and now there have been 261 complaints since July and the neighbors
continue to live with this stench on a daily basis. Mr. Justice mentioned a new study being done
by the University of Colorado — Boulder, on industrial odors and how they are asking for volunteers
from the Greeley/Evans area. He stated over 1,000 hours have been invested by the community
and he is concerned that the readings are being downplayed and the end result is they will have
to live with some level of odor. Mr. Justice stated the best option is to fix the problem and nine or
ten more months is not acceptable. In response to Commissioner Moreno, he clarified that he
lives about a mile north of the plant.
_ta James Welch, SPO, stated his credentials and assured the Board that since the Probable
Cause hearing, the problem has not been better and the odor is always present. He stated every
day he checks his flag to see the wind direction and makes a decision of how to get fresh air and
that even with his home completely sealed, the odor still gets in the house and wakes him up in
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the middle of the night. Mr. Welch stated this problem has consumed his personal finances and
time and turned his home into a place of apprehension and frustration. He expressed his
frustration that he cannot enjoy the natural outdoors way of living in the country. He reviewed the
number of related odor nuisance complaints from November, 2015, to September 8, 2106, and
compared it to the number of complaints related to the Oil and Gas Industry in the entire County
as 261:7. Mr. Welch stated the community did not know who to call until the Probable Cause
hearing. He also compared it to the number of complaints in Denver related to the Purina Dogfood
Plant. He mentioned the fact that currently the facility is only running at 40% and to consider what
it will be like at 100%. Mr. Welch stated because the odor comes in waves due to the direction of
the wind, it makes it difficult to measure for an accurate picture of what the community is
experiencing. He is certain there are significantly more undocumented violations than what is
being presented. He stated the odor sits in his basement for a long time. Mr. Welch compared the
violation process in relation to the state re ulations for swine feeding operations and requested a
similar type of regulation for this facility. .RZ In response to Commissioner Kirkmeyer, Mr. Welch
stated it appeared the measurements were 40-50 minutes apart. He further stated it is important
to realize that just because there is not an odor violation does not mean there is no odor or not a
significant problem. Mr. Welch shared his experience while in Denver being certified to become
a Nasal Ranger. He stated Heartland is the largest odor source in the County and it is not
compatible with existing land uses and he would personally like to see the permit revoked, or, if
not revoked, to be shut down until these problems are fixed. Mr. Welch requested a more stringent
regulation be put into place regarding proximity to dwellings to add some protection for citizens.
In response to Commissioner Conway, Mr. Welch stated he did not discuss the suggestions
in depth with Mr. Thomas but it is basically to cover and treat the material.
Kathy Hoyland, SPO, Weld County Citizens for Clean Air, expressed her frustration
regarding the response from Trinity in relation to material coming in being normal capacity
because she was told on September 7th that it had been reduced to only five or six per day
because of a broken machine. She stated since the Probable Cause hearing, their quality of life
has not improved and she continues to experience high stress, sleepless nights and is concerned
with the decreasing property value. She spoke highly of Mr. Thomas but stated this is more than
an odor issue and that Heartland is a nuisance neighbor. Ms. Hoyland expressed her frustration
that the terms regarding the State violation have not been made public because the Colorado
Department of Public Health and Environment is still negotiating with Heartland and she does not
understand why there is an opportunity to negotiate. She stated the notification distance needs to
be changed to expand beyond the 500 feet because this odor reaches to the town limits of
LaSalle. Ms. Hoyland stated they have been told this odor will never be completely gone. She
requested the Board assist the community with getting their lives back and stated that the
community is angry and tired of living this way. She expressed that the neighbors are not going
away and they will continue to grow in this cause and get stronger and louder and they are relying
and counting on the Board to hold Heartland's feet to the fire. She stated the timeline is not
acceptable and there needs to be a solution. She requested if it cannot be fixed in a timely matter,
it needs to be shut it down. In response to Commissioner Moreno, Ms. Hoyland stated there has
been no improvement. In response to Commissioner Kirkmeyer, she clarified the State is
negotiating with Heartland and there are no terms available as of September 7, 2016.
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Connie Williams, Eaton resident, stated she is also a rural resident and has experienced the
putrid stench traveling on County Road (CR) 49. She is concerned for her neighbors living in this
stench. She stated she has been involved with this issue for the last several months and it appears
each entity is attempting to solve the problem but in the meantime the SPOs in close proximity
are affected daily. She reminded the Board that initially Heartland told everyone that the waste
would be kept underground and there would be no odor. Ms. Williams expressed her frustration
regarding the lack of quality of life for her neighbors and stated Heartland is responsible for a
sustainable solution or the facility needs to be shut down. She requested the Board make a
responsible decision that represents the citizens being affected.
J. Chair Freeman closed public testimony and recessed at 12:11 p.m.
la Chair Freeman reconvened at 1:26 p.m.
a. In response to Chair Freeman, Mr. Thomas stated Heartland is concerned with the situation,
he reviewed the readings and stated the odor is there and it is prevalent; however, the odor is not
over the levels required by the USR. He stated they are actively engaged in mitigation and he
reviewed the dates of completion. The facility will continue to strive after improvement and will
try to make the operation better by finding ways to improve the odors. He disagreed with the
recommendations to shut the facility down or revoke the permit because the digester is a living
organism that took months of microbiology to create. Mr. Thomas reminded the Board that there
is an economic and business impact throughout the County and he provided a list of companies
impacted by the decision today. He stated if the facility is shut down and restarted at some point
it would take another six months of microbiology to create the digester environment and there are
currently 20 million gallons of material being processed that would have to be removed from the
location. He stated that he does understand the odors are unpleasant and a nuisance to the
neighbors and reiterated the effort to mitigate and be compliant.
la In response to Commissioner Moreno, Mr. Thomas stated the best management practice is
to cover, collect and treat the material and the company hired to design and build the expansion
has a lot of experience with anaerobic facilities.
In response to Commissioner Kirkmeyer, Mr. Thomas stated 80% of organics are coming
from places in Weld County and the other 20% comes from outside the County. He stated they
have not entered into negotiations with CDPHE because the 15:1 dilution threshold is still in
question. He stated he is aware of the letter sent to SPOs assuring them there would be no odor
sent by the previous owner. Mr. Thomas further reviewed the process and the equipment in
relation to material being brought in and processed and clarified he is aggressively addressing
the dead animal products and rotten trash odors. He explained that everything brought in is
processed in the same day to address the question of volume of material and he explained where
the organic material is dumped on a pad out in the open which is where the building is being
constructed. Mr. Thomas stated the material received is 50% manure and 50% organic.
El In further response to Commissioner Kirkmeyer, Mr. Thomas clarified the readings were
taken within the required time frame and a single reading outside the 8:1 dilution threshold is not
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a violation; however, a second reading causes the violation. He further conveyed his effort to hire
a consultant and be transparent and he insisted the odors are transient so it is unlikely a second
reading would be the same as the first. He attempted to explain the circumstances surrounding
the readings and that they were taken at different locations and elevations.
In response to Commissioner Cozad, Mr. Thomas stated the 40% represents the amount of
gas that can be produced and that to produce more gas generally means more material is needed.
He explained that different materials have higher gas content and reviewed the breakdown
process. Mr. Thomas stated the timeframe is mid -January of 2017 to be at full capacity.
In further response to Commissioner Cozad, Mr. Thomas reviewed the dates of completion
for the different phases of continued construction. He described the mitigation engineering
associated with focusing attention on the primary generator of the odor.
W.j'_+ In response to Commissioner Kirkmeyer, Mr. Thomas verified the offensive odor is related
to the organic material. He further explained the picture of the plume of pollution from the stack
as normal flare plume used for start-up of normal operation which on average is two to three times
per day.
P. In response to Commissioner Cozad, Mr. Thomas stated he cannot look at a picture and
measure whether it is a violation or not; however, the permit allows for a certain capacity and
allows for an increased capacity when you are firing it up. Staff does a visual measurement every
day.
Bill Garcia, of Colin, Payton and Payne, representing the applicant, stated the information
received for consideration reflected the April 27th hearing and ongoing odor complaints; however,
in preparing for today they were not provided with pictures of the plume to be able to prepare for
this line of questioning.
E Commissioner Cozad interjected the Probable Cause hearing identified Development
Standard #34 which includes being compliant with air quality. Mr. Haug stated the notice
referenced the prior hearing and compliance with odor and air quality. Commissioner Kirkmeyer
interjected Development Standard #44 allows the Board to question the applicant's compliance
regarding every condition and standard related to the permit. Mr. Garcia stated his appreciation;
however, the information provided to the applicant was centered on the odor complaints. Mr.
Thomas stated he wants to be compliant with everything and takes a lot of pride in this facility.
Commissioner Kirkmeyer expressed her understanding that some of the information being
presented today may be new information; however, the Board can and will ask pertinent
questions.
In response to Commissioner Conway, Mr. Thomas explained the long effort in finding and
identifying odor sources, bringing in a consultant to address it, and engineering solutions as they
learn and identify the transient odor sources. He further explained the purpose is being compliant
and addressing odor mitigation.
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Commissioner Cozad reported reading a letter from an SPO stating the odor has gotten
better since the Probable Cause hearing.
El Assistant County Attorney, Frank Haug, clarified the notice in relation to the preparation for
the hearing.
.a=Mr. Thomas stated the applicant is fully committed to improve the odors and he recognizes
and understands the impact this is having on the neighbors and he has a personal commitment
to the conversation and he stated it is important first to be compliant and second to reduce the
odors by pursuing it aggressively.
0 Commissioner Kirkmeyer stated this is a quandary and the Board understands the positive
economic development and she voted to approve it because the Board and the public were told
there would be no odor; however, there is a putrid odor that the neighbors were not expecting.
She clarified that Heartland is affecting the community and the quality of life and she has no
problem supporting the Show Cause. She asked for a solution to the problem and stated the
timeline is not acceptable. She asked how to reach a compromise without a suspension and
without revocation. Mr. Thomas stated he received an email today saying there is a way to
improve the system and he committed to pursue the problem with great tenacity but can only
promise an engineered solution by March of 2016.
Commissioner Cozad expressed her appreciation to the applicant for making an effort to
address and solve the problem and she understands the business is beneficial to the community;
however, the biggest issue is the odor is affecting an entire community of residents. She stated
there has been a violation, it is impacting the citizens and she understands and appreciates the
effort to stay in compliance but the timeline is a long time to wait with an odor permeating their
homes. She expressed her desire to see a solution to the odor happen quicker.
Commissioner Moreno stated it has been said repeatedly that the operator means well and
will be tenacious in moving forward for a solution. He reiterated that the citizens were told there
would be no odor and now they are living with this terrible smell. Commissioner Moreno stated he
is not sure how he will vote on this matter because the citizens have been dealing with this long
enough.
I' Commissioner Conway thanked Mr. Thomas for his transparency and hard work. He stated
he voted for this permit and clearly remembers it being stated there would be no odor.
Commissioner Conway conveyed the need for an expedited solution. He expressed his
understanding to the public for what they have endured.
Mr. Thomas asked for a five minute break to confer with his team. Commissioner Kirkmeyer
requested they consider what the waste stream is within the timeline for a solution. Chair
Freeman granted the request for a ten minute recess at 2:34 p.m.
Chair Freeman reconvened at 2:50 p.m.
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2 Mr. Thomas stated the dates are "best guess" dates due to having the bids out with no
position for negotiation regarding the terms of the contract because they have not come in yet.
He requested the Board allow 6-8 weeks for the bids to be received, reviewed, and material
availability considered. In the interim, Heartland will agree to limit the production of the facility
to 60%.
0 Chair Freeman first expressed his thanks for the public input and then requested follow up
regarding the possibility of covering the pad where the organic materials are dropped. In response
to Chair Freeman, Mr. Thomas stated he thinks it would help but would have a lower impact than
the sub -straight tanks. He explained he is currently misting the pad 24 hours a day and that to put
a building over the pad is difficult because the system is in place and requires attempting to
integrate a new building. He further stated covering the pad would have an impact but he does
not know how he would accomplish that. Mr. Thomas followed up and stated he cannot quantify
the impact and reiterated the odors are worse late evening and early morning.
In response to Commissioner Conway, Mr. Thomas verified his request for the 6-8 weeks
to complete the bid process and to be able to give an actual construction date to the County. In
response to Commissioner Cozad, Mr. Thomas stated it is a compromise to limit production to
60% because he wants to operate at 100%. In response to Commissioner Conway, Mr. Thomas
stated he created a way to find a compromise regarding lost revenue; however, due to the odor
complaints he is willing to operate at a less desired level. He clarified he does not know if the odor
would increase with the increased production because he has never operated at 60%.
2 Commissioner Cozad expressed her appreciation for the conversation and the compromise
and suggested a continuance of the Show Cause for the 6-8 week timeframe to allow Mr. Thomas
to get the bids reviewed and return with a timeline for construction.
In response to Commissioner Moreno, Mr. Thomas stated his compromise is to limit
operation to 60%.
a Commissioner Kirkmeyer stated she is willing to continue to October 3, 2016, to allow the
community meeting to take place so the neighbors are involved. She further recommended
limiting the facility operation to the current 40% and limit organic waste to the current amount.
a: Commissioner Cozad recommended continuing to October 24, 2016, to allow six (6) weeks
and two (2) community meetings. She further suggested not restricting production.
Commissioner Kirkmeyer stated she is willing to allow six weeks but cannot support the
increased operation because that is six more weeks that the neighbors do not get to enjoy. She
expressed the increase of production will exasperate the odor issue. Commissioner Moreno
concurred with Commissioner Kirkmeyer.
0 Mr. Thomas interjected that by restricting the material that can be accepted is hurting an
auxiliary business. Commissioner Kirkmeyer reminded Mr. Thomas that the amount the business
is currently receiving is hurting the community.
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0. Commissioner Conway stated he is willing to accept the compromise of limiting production
to 60% and he supports the timeframe to allow the community meetings and the bids to be
received. Chair Freeman interjected his agreement to continue the full eight (8) weeks to allow
the bids to be processed. Commissioner Cozad suggested November 14, 2016. Commissioner
Kirkmeyer stated she will agree to the eight weeks but requested the Board limit the production
to 40%. Commissioner Moreno agreed. Commissioner Cozad stated she is struggling with limiting
the production to 40% because of the compliance with the permit.
In response to Commissioner Cozad, Mr. Thomas stated he is asking for the leniency to
increase production to 60% to allow him to investigate if the odor production increases or stays
the same which will assist with further decision making regarding mitigation. Commissioner Cozad
requested further discussion regarding the limitation being recommended and how it is monitored.
Commissioner Kirkmeyer stated the State and County Health Department can monitor the record
of material being brought in.
a Mr. Haug interjected the Board can give specific direction.
IR In response to Commissioner Conway, Mr. Thomas stated the facility needs to get to 100%.
He verified if the increase of production increases the odor, based on measurements, he will
respond with decreasing production. He explained he can more accurately control the amount of
material going in than the gas coming out. He further explained a range of control would be easier
to manage than a specific number because it is a process.
a. Commissioner Kirkmeyer expressed her frustration regarding the goal of not increasing the
odor. She wants the odor to go away and so does the neighborhood. She insisted the goal of not
increasing the odor is not an option. Commissioner Kirkmeyer stated she is struggling with either
a suspension or a continuance.
a Commissioner Cozad commented she does not like the idea of limiting the operation to 40%
because it will affect the business; however, she sees it is affecting the neighbors. She stated she
is willing to compromise to limit the production to the current 40% but she does not see the reason
it cannot go to the 60% due to the criteria of the Show Cause.
Chair Freeman stated he sees both sides and the dilemma of not knowing the design phase
if the percentage does not increase.
Commissioner Kirkmeyer reminded the Board of the options before them and again
recommended limiting production. Commissioner Cozad asked for clarification. Commissioner
Kirkmeyer stated she does not want more product coming in to exasperate the problem.
Commissioner Cozad asked for clarification. Mr. Thomas stated his compromise is to limit gas
production to 60% and it is a complex answer because gas production moves up and down and
he is willing to hold it to the 60%. After further discussion, Commissioner Kirkmeyer stated she is
willing to limit gas production to 60%, limit the amount of product to the current amount and
continue the case. The Board agreed.
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Commissioner Kirkmeyer moved to continue the Show Cause Hearing concerning Minor
Amendment, MUSR14-0030, to a Site Specific Development Plan and Use by Special Review
Permit, USR-1704, for a Solid Waste Disposal Site and Facility (including Class I composting, an
animal waste recycling or processing facility [an anaerobic digester -based renewable energy plant
gas], along with a concrete batch plant to be used for construction of the facility for the addition
of a Digester Process and a 70 -foot flare) in the A (Agricultural) Zone District, to November 14,
2016, at 9:00 a.m., with the following conditions: to limit gas production to 60%, limit waste
materials coming into the facility to the current rate, and the operator must have at least two
neighborhood meetings with proper notice given. The motion was seconded by Commissioner
Cozad, and it carried unanimously. There being no further discussion, the hearing was completed
at 3:29 p.m.
This Certification was approved on the 21st day of September, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: WaiI joilio;e1
Weld County Clerk to the Board
BY •'
y Clerk to the Board
AP
ounty Attorney
Steve Moreno
Date of signature: I O / 11/ l Cc
MA -c11 -<En 00
Mike Freeman, Chair
Conway, Pro-Te
bara Kirkmeyer
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2016-2951
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