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COLORADO DEPARTMENT OF HEALTH
4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 388-6111
Edward C. Dreyfus, M.D., M.P.H.;Executive Director
September 18, 1975
CERTIFIED NUMBER 766149
Mr. Peter A. Morrell
City Manager
Greeley Civic Center
Greeley, Colorado 80631
CEASE MD DESIST ORDER
You are hereby notified that investigation by the Colorado Department
of Health and the Weld County Health Department has established that opera-
tions as part of the City of Greeley's Waste Watar Treatment Facilities
located northeast of Greeley, Colorado in the County of Weld, State of
Colorado are in violation of Regulation No. 2, Section A(2) and Section
A(3) (a) and A(3) (b) as adopted by the Colorado Air Pollution Control Com-
mission pursuant to the Air Pollution Control Act of 1970. This regula-
tion reads as follows:
"A. No person, wherever located, shall cause or allow the
emission of odorous air contaminants from any single
source such as to result in detectable odors which are
measured in excess of the following limits:
(2) In all other land use areas, it is a violation
if odors are detected after the odorous air
has been diluted with fifteen (15) or more
volumes of odor-free air.
(3) (a) When the source is a manufacturing process of
agricultural operation, no violation of sub-
sections (1) and (2) shall be cited by the
Division, provided that the best practical
treatment, maintenance, and control currently
750428
CEASE AND DESIST O1 2
Greeley Civic Center
September 18, 1975
Page Two
available shall be utilized in order to maintain
the lowest possible emission of odorous gases and,
where applicable, provided there is compliance
with Item(4) (r) of the Colorado Department of
Health Pasteurized Fluid Milk and Milk Products
Regulation adopted 13 April 1967. In determining
the best practical control methods, the Division
shall not require any method which would result
in an arbitrary and unreasonable taking of property
or in the practical closing of any lawful business
or activity, if such would be without corresponding
public benefit.
(b) For all areas it is a violation when odors are
detected after the odorous air has been diluted
with one hundred twenty-seven (127) or more volumes
of odor free air in which case provisions of Para-
graph a(3) (a) shall not be applicable."
NOTE: The term "other" land use areas excludes those areas used
predominantly for residential or commercial purposes, as to which
another dilution standard is otherwise applicable according to
subsection (1) of said Section A.
Notification of Violation of Regulation No. 2 aforesaid dated June 18,
1975, was hand delivered to Mr. Tom Dority, Assistant City Manager, City
of Greeley on July 11, 1975 by Mr. Glen E. Paul, Weld County Health Depart-
_ment and Mr. Archie Crouse, Colorado Department of Health. This notifica-
tion requested a plan for attaining compliance with respect to odor emissions
from your waste water treatment facilities aforesaid within thirty(30) days
of receipt of said Notification of Violation. Receipt of a compliance plan
in response to said request is acknowledged. However, since said plan would
prescribe a compliance date which extends beyond a date six months after the
giving of notification of violation which issued on July 11, 1975 (section
25-7-113(3) ) the Division deems abatement to be so delayed as to necessitate
the issuance of this Order which will likely entail the consideration by the
Variance Board of the protracted delay in compliance as a basis for a vari-
ance hearing.
WHEREAS, the Colorado Air Pollution Control Commission has granted, to
the Division, under Section 25-7-113 of. the Air Pollution Control Act of 1970,
the authority to enforce compliance with emission control regulations promul-
gated pursuant to the provisions of Sections 25-7-108, 25-7-109 and 25-7-112
of said Act, and therefore the authority to enforce said Regulation No. 2.
NOW THEREFORE, pursuant to the provisions of Sections 25-7-110 and
25-7-113 of said Act, the Division hereby orders you to CEASE AND DESIST the
operation of said waste water treatment plant on or before January 11, 1976
CEASE AND DESIST OT 2
Greeley Civic Cente.
September 18, 1975
Page Three
for reasons of said facilities violating Regulation No. 2, Section (2)
and Sections A(3) (a) and A(3) (b) as observed on the following dates:
DATE TIME 1 Volume of Odorous Air Diluted
With the Following Volumes of Odor
Free Air:
June 9, 1975 9:58 a.m. 31
June 9, 1975 10:01 a.m. 31
June 9, 1975 10:05 a.m. 170
June 9, 1975 10:10 a.m. 170
June 9, 1975 10:37 a.m. 170
June 9, 1975 10:38 a.m. 170
June 9, 1975 10:40 a.m. 170
June 9, 1975 10:46 a.m. 170
June 9, 1975 10:48 a.m. 170
June 9, 1975 10:50 a.m. • 170
June 9, 1975 10:51 a.m. 170
June 27, 1975 9:41 a.m. 170
June 27, 1975 10:11 a.m. 170
August 22, 1975 2.25 p.m. 170
August 22, 1975 2:52 p.m. 170
This ORDER will become final on January 11, 1976 unless a request in
writing is made for a hearing, pursuant to Section 25-7-113(4) of Colorado
Revised Statutes 1973, as amended, before the Air Pollution Variance Board.
Such request should be directed to Mr. Thomas R. Heaton, Chairman, Colorado
Air Pollution Variance Board, 4210 E. 11th Avenue, Denver, Colorado 80220.
If such request for hearing reflects your petition for a variance from
the stated provisions of Regulation No. 2, you are hereby notified that any
variance which may be grarted at such a hearing shall include specific dates
to be assigned to each increment of progress as set forth in items 1 through
5 of the Common Provisions Regulation, Section II.J, if other than those
prescribed in your July 14, 1975 compliance plan. The burden of proof in
establishing the violation shall be borne by the Division, but the burden
of proof concerning any requested variance shall be yours.
Also find enclosed the applicable provisions of Section 25-7-113(4) for
your guidance in requesting a hearing and the effect thereof.
Dated this 30th day of September;' 1975.
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Franklin D. Yoder, M.D. , M.P.H. ' Edward G. reyf s, M.D. , M.P.H.
Director Executive Direc or
Weld County Health Department Colorado Department of Health
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