cdphe permit

Exhibit C

STATE OF COLORADO

 

John W. Hiekcnlooper, Governor

Christopher F.. Urbina. MD. MI'l I, Executive Director and Chief Medical Officer

Grand Junction Regional Office
222 South 61• St. Rm. 232
Grand junction, CO 81501-2768

Phone: (970) 248-7164 hllp;//WH"11'. cdphe.state. co. us

May 10,2012

Mesa County Board of County Commissioners
P.O. Box 20000

Grand Junction, CO 81502-50 I 0

 Re:    Proposed Amended Certificate of Designation I Design and Operations Plan
Technical Review Result: Approved with Conditions

Deer Creek Solid Waste Facility (Goodwin) in Mesa County

Dear Commissioners

 

Colorado Department of Public Health and Iinvironmcnt
 

The Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment (Division) received a proposed revised design and operations plan (D&O) (0 amend the Certificate of Designation (CD) for the Deer Creek Disposal Facility (Goodwin). The Division received tile document entitled "Design and Operations Plan for Goodwin Solid Waste Disposal Facility" (D&O). The document was dated May 18,2011, submitted by Knudsen Engineering, Inc., received on May 24, 2011 and referred by Mesa County on July 1 1,2011. Through a completeness review the Division determined that the D&O was "complete" in correspondence dated August 9, 2011and provided technical comments on February 14,2012. Goodwin submitted a response in a revised D&O that was received March 19,2012. The Division met with Goodwin on May 1,20]2 and provided technical comments #2 on May 2, 2012 and Goodwin submitted additional revisions to the D&O on May 7,2012. Mesa County reportedly approved amendments to the Conditional Use Permit in 2010.

The facility began operations in 1996 with a 5.9 acre CD. The facil ity in itially consisted of loadout settling tank and oil/water separator, treatment area and small evaporation pond. The CD was amended in 2004 enlarging to 50 acres and added a. new waste stream (septage) and new a operation (cornposting). The facility was approved for 4 Class m ponds (2 for evaporation and 2 for drying), a 6.7 acre Class I composting area (biosolids and septagejand land application. The ponds have not been constructed and the composting operation was never initiated.

The proposed modifications to the CD generally include the following:

  • Increasing the size ofthe CD area to a total of 54.5 acres.
  • Accepting waste liquids from exploration and production activities (E&P) that is exempt from classification as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA);
  • Adding engineering design and operations to the 0&0 for the E&P operation that meets the requirements of Section 17 of the Colorado solid waste regulations;

CD Amendment: Approved with Conditions
Deer Creek Disposal Facility (Goodwin)

May 10,2012
Page 3

the waiver request for Section 17.3.1 (B) .. The proposed D&O provides designs and operations including contingency planning for nuisance conditions that should help minimize the affcct(s) on the nearby property.

Following Mesa County's decision regarding the CD amendment, please notify the Division of {hat decision in writing. Contact Bob Peterson with any questions or concerns regarding the Division's recommendation for approval (970-248-7151).

Sincerely,

 Robert Peterson; Environmental Protection Specialist
Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division

Roger Doak, Permitting Group Leader

Solid Waste and Materials Management Program

Hazardous Materials and Waste Management
 

cc:          C. Creel, TC Operating
B. Gale, Goodwin Septic

R. Price. Mesa County Planning (email)
T. Panter (property owner)

SW MES DEE 2.2

GJ file

RECORDER NOTE: POOR QUALITY DOCUl~1ti ~ i
PROVIDED FOR REPRODUCTION

Roger Doak, Permitting Group Leader

Solid Waste and Materials Management Program
Hazardous Materials and Waste Management

 

STATE OF CO:LORADO

John W. Hickcnloopcr, Governor

Christopher E, Urbina, MD, MPII, Executive Director and Chief Medical Officer

Grand Junction Regional Office
222 South 6thSt. Rm, 232
Grand Junction, CO 81501-2768

Phone: (970) 248-7164 tntp.r/www.cdphe.state.co.es

May 10,2012

Mesa County Board of County Commissioners
P,O. Box 20000

Grand Junction, CO 81502-50 I 0

         Re:         Proposed Amended Certificate of Designation / Design and Operations Plan
Technical Review Result: Approved with Conditions

Deer Creek Solid Waste Facility (Goodwin) in Mesa County

Dear Commissioners:

Colorado Department
of Public llealth
and Environment
 

The Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment (Division) received a proposed revised design and operations plan (0&0) to amend the Certificate of Designation (CD) for the Deer Creek Disposal Facility (Goodwin). The Division received the document entitled "Design and Operations Plan/or Goodwin Solid Waste Disposal Facility" (0&0). The document was dated May 18,2011, submitted by Knudsen Engineering, Inc., received on May 24, 2011 and referred by Mesa County on July l l , 20 Il. Through a completeness review the Division determined that the 0&0 was "complete" in correspondence dated August 9,20 I land provided technical comments on February 14,2012. Goodwin submitted a response in a revised D&O that was received March 19,2012. The Division met with Goodwin on May 1, 2012 and provided technical comments #2 on May 2, 2012 and Goodwin submitted additional revisions to the D&O on May 7,2012. Mesa County reportedly approved amendments to the Conditional Use Permit in 2010.

The facility began operations in 1996 with a 5.9 acre CD. The facility initially consisted of loadout settling tank and oil/water separator, treatment area and small evaporation pond. The CD was amended in 2004 enlarging to 50 acres and added a new waste stream (septage) and new a operation (composting). The facility was approved for 4 Class III ponds (2 for evaporation and 2 for drying), a 6.7 acre Class I eomposting area (biosolids and septage) and land application. The ponds have not been constructed and the cornposting operation was never initiated.

The proposed modifications to the CD generally include the following:

  • Increasing the size of the CD area to a total of54.5 acres,
  • Accepting waste liquids from exploration and production activities (E&P) that is exempt from classification as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA);
  • Adding engineering design and operations to the D&O for the E&P operation that meets the requirements of Section 17 of the Colorado solid waste regulations;

CD Amendment: Approved with Conditions
Deer Creek Disposal Facility (Goodwin)

May 10,2012
Page 2

  • Adding operation of an underground disposal injection well for saline E&P liquids. The well will be permitted with the Colorado Oil and Gas Conservation Commission (COGCC); and
  • Revisions to the approved designs and operations for the existing operation (2 ponds, sand trap & grease loadout pad, soil treatment pad, septage land application footprint and stormwater controls).

The proposed revised 0&0 was reviewed to determine its compliance with the requirements set forth in the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1 of the Colorado Revised Statutes, as amended (the Act), with the regulations promulgated there under 6 CCR 1007-2 (Regulations) and with the currently approved 0&0. The Division has completed the technical review of the proposed revised D&O. It is the determination of the Division that the proposed facility can comply with the technical, environmental and public health standards of the Act and the Regulations if the facility is constructed, monitored and operated as detailed in the Application and with the conditions of the Division as stated in this letter. Based on this assessment, the Division approves the CD amendment and revised D&O with conditions. The document shall replace, in its entirety, the currently approved D&O (2004) and any minor revisions to that D&O. Our approval of the proposal includes the following conditions that shall be incorporated into the amended CD when and if one is issued by Mesa County:

Conditions of Approval

  1. The facility shall comply with the public health and environmental laws, standards, and regulations of the Colorado Department of Public Health and Environment and all other applicable State, Federal and local rules and ordinances.

The waste characterization rate for sand trap waste shall be 10 of each load, which is typically a mixture of waste from multiple facilities (Section 3.1 in Appendix Q).

In Appendix R, sand trap waste shall provide recordkeeping and an annual report in accordance with Section 9.3.5 of the Regulations. Septage waste shall be reported quarterly for Division Hazard

Substance Response Fund (HSRF) fees and an annual report submitted. E&P waste volumes incoming must be reported quarterly to the Division for HSRF fees.

  1. The Contingency Pian Rate (CPR) shall be 250 gpad. A flow in the leak detection system of an impoundment greater than the CPR shall trigger the appropriate Contingency Plan (Appendix U).
  2. The closure and post closure cost estimate for financial assurance (in Appendix V) is notaccepted or approved with this correspondence and must be resubmitted following technical comment from the Division.
  3. A Certification report documenting the construction quality assurance (CQA) sealed by a Professional Engineer registered in Colorado) shall be submitted to the Division fix review and approval, at a minimum of, sixty (60) calendar days prior to the acceptance of

               ~! waste into anv im oundment.                                 -

  1. Any final permit issued by COG C for the injection well shall be submitted to the Division prior 10 acceptance of waste into the injection well.
  2. Financial Assurance as outlined in Section 1.8 of the Regulations will be required to be in place, reviewed and approved by the Division prior to the acceptance of any E&P waste.

The Division would like to comment that a waiver from Mandatory Setbacks, Section 17.3.1 (B) of the Regulations, is proposed. An occupied structure I single family residence is located less than 1/2 mile from the facility as proposed. Specifically a yurt is situated approximately 1180 feet from the CD boundary and 2269 feet from the nearest E&P impoundment. The Division considers this situation a land llse decision and typically refers land use decisions to the local governing agency if at all possible. Mesa County approved the CUP for this facility in 2010. The CUP included the less than 112 mile setback and therefore provided the decision on the land use. Based on the County's land use decision for this facility, the Division is approving

CD Amendment: Approved with Conditions
Deer Creek Disposal Facility (Goodwin)

May 10,2012
Page 3
 

the waiver request for Section 17.3.1 (B). The proposed 0&0 provides designs and operations including
contingency planning for nuisance conditions that should help minimize the affect(s) on the nearby property.

Following Mesa County's decision regarding the CD amendment, please notify the Division of that decision
in writing. Contact Bob Peterson with any questions or concerns regarding the Division's recommendation
for approval (970-248-7151).

Sincerely,

Robert Peterson, Environmental Protection Specialist
Solid Waste and Materials Management Program
Hazardous Materials and Waste Management Division

  cc:         C. Creel, TC Operating
B. Gale, Goodwin Septic

R. Price, Mesa County Planning (ernail)
T. Panter (property owner)

SW MES DEE 2.2

GJ tile

 

Roger Doak, Permitting Group Leader

Solid Waste and Materials Management Program
Hazardous Materials and Waste Management