NOTICE

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DOCKET #: 2016-74.A
DATE: December 19, 2016
TIME: 9:00 a.m.

APPLICANT: Heartland Biogas, LLC

15445 Innovative Drive
San Diego, CA 921258

REQUEST: Show Cause Hearing, PSCS16-0004, to show whether good cause exists for revocation of 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
LEGAL DESCRIPTION: Being part of the SE1/4 of Section 25, Township 4 North, Range 65 West of the 6th P.M., Weld
County, Colorado
ISSUES: Whether or not the Permit holder is in compliance with the following:
I.

Heartland Biogas, LLC, is required to operate with a valid Certificate of Designation pursuant to C.R.S. 30-20101 et seq., Colorado Code of Regulations 1007-2:1 et seq., and pursuant to various provisions of the Weld
County Code, and evidence was presented, including a letter from the State, that these conditions have not been
complied with, specifically, review of the financial assurance by the county, failure to obtain a valid Certificate of
Designation when Heartland Biogas took over for Heartland Renewable Energy, and other factors, and

II.

Heartland Biogas, LLC, may be in violation of various Development Standards of Use by Special Review Permit,
USR-1704, and MUSR14-0030 as follows:
6.

The property owner or operator shall comply with the applicable sections of the regulation pertaining to
the Solid Waste Disposal Sites and Facilities Act (6 CCR 1007-2) and be constructed, operated, and
monitored as detailed in the application materials and Conditions detailed in the Engineering Design and
Operations Plan approval letter, dated April 7, 2010, from the Colorado Department of Public Health and
Environment (CDPHE) in conjunction with the application materials and Conditions detailed in the
Digester Processing System Engineering Design and Operation Plan Addendum approval letter, dated
December 18, 2014, from the CDPHE. (Evidence was presented that Heartland Biogas was in violation
of the EDOP and the Solid Waste Regulations due to various aspects of the operation including, but not
limited to, fencing, signage, enclosure of buildings, dust, garbage blowing, odor levels, and odor
mitigation measures such as scrubbers, as well as access to the facility, security at the facility, to include
potential secure ID card entrance as required. In addition, evidence was presented that waste was being
stored on site which may be a contradiction of the MUSR permit, specifically unenclosed or covered
storage of waste streams. Further, evidence was presented that the odor management plan requires
odor mitigation measures to be taken to control offsite nuisance conditions, and that nuisance conditions
are present, including odor, and not being mitigated. Additionally, evidence was presented that the
offloading of material was not being done in an enclosed building, storage pits were not covered, and
waste streams were not being offloaded via a hose. Further, the storage of waste streams at the DPS
system as documented in photographs. Additionally, evidence was presented that incoming waste was
not being limited or removed in compliance with the odor management mitigation plan.)

10.

The property owner or facility operator shall notify the Weld County Department of Public Health and
Environment, Department of Planning Services, and the Colorado Department of Public Health and
Environment in the event of any deviations from, or proposed changes to, the facilities Engineering
Design and Operations Plan. (Evidence presented indicated modified EDOP plans that are inconsistent
with the originally granted CD, to include, but not limited to, the need for any bio-filtration systems or
odor mitigation measures, and that Weld County was not notified of these modifications.)

16.

Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall comply
with their approved particulate emissions control plan. (The photographs of milk jugs, testimony of dust
and blowing debris, as well as testimony regarding neighbors having to pick up garbage along their
property lines indicates that this standard is being violated.)

17.

The facility shall operate in compliance with applicable Colorado Air Quality Control Regulations and
comply with any permits issued by the Air Pollution Control Division. (Heartland Biogas, LLC, has
entered into a Consent Agreement with the Colorado Air Quality Control Division regarding its air quality,
and inspections indicate that the Permits issued by the state may be inadequate. Further, the issue was
raised regarding whether the Operations and Maintenance Plan related to the air quality has been fully
complied with, specifically with regard to air quality permit issued January 20, 2016, which states that
compliance with the Operation and Maintenance Plan shall commence upon startup of the anaerobic
digester.)

18.

Exhaust removal systems shall be installed when necessary for enclosed areas and dust producing
processes and equipment. Visible stack emissions from exhaust removal, material processing, and any
combustion source shall not exceed 20% capacity (measured in accordance with EPA Reference
Method 9). There shall be no visible emissions from any building openings (measured in accordance
with EPA Reference Method 22). (Photographs and testimony demonstrating visible stack emissions
were submitted indicating an opaque emission emanating from the facility.)

21.

In accordance with the Colorado Air Quality Control Commissions Regulation Number 2, odor detected
off-site shall not exceed the level of seven-to-one (7:1) dilution threshold. (On April 27, 2016, Phil Brewer
of the Weld County Department of Public Health, a certified odor evaluator registered an exceedance of
greater than seven-to-one (7:1) dilution threshold.)

30.

Waste materials, not specifically addressed by other Development Standards, shall be handled, stored,
and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance
conditions. (The photographs of milk jugs, testimony and photographs of dust and blowing debris as well
as testimony regarding neighbors having to pick up garbage along their property lines indicates that this
standard is being violated. Further, evidence has been presented that potential nuisance conditions exist
with regard to odor caused by the facility creating a nuisance off the facilitys property.)

34.

The operation shall comply with all applicable rules and regulations of state and federal agencies and
the Weld County Code. (Evidence was presented that the facility is operating without a valid CD,
specifically as detailed in letter from the State on November 8, 2016, and due to the fact that the owner
of the facility has changed since the original CD was granted; evidence was presented that the facility is
potentially operating outside the bounds of its approved Engineering Design and Operation Plans
(EDOP), which are conditions of the USR Permit; evidence was presented that the facility is possibly in
violation of the State regulations regarding operation of a solid waste facility, specifically, the fencing
requirements for the facility, signage requirements relating to clearly indicating what waste is accepted
and traffic control and emergency contact information, security and access to the facility, the method of
unloading material at the facility, the coverage/enclosure of the unloading docks at the facility, and the
coverage/enclosure of various aspects of the facility, including the manure storage and storage of waste
outside, as evidenced by photographs presented; evidence was presented that the facility potentially
has not complied with the terms of the Weld County Code for the permitting of a Solid Waste Facility;
additionally, the modification in the number of gallons of waste stored, the height and number of the
storage tanks, compliance with the state solid waste regulations relating to control of nuisance
conditions, relating to odors, noise, dust, and windblown debris.)

42.

The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code. (As noted above, this facility has been operated
without a valid CD, and potentially in violation of the air quality standards as listed above and Weld
County Code Section 23-2-250(b).)

45.

The property owner or operator shall be responsible for complying with all of the foregoing Development
Standards. Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners. (As outlined above, potential violations
may exist based on the above listed factual allegations and standards.)

BOARD OF COUNTY COMMISSIONERS

WELD COUNTY, COLORADO
DATED: December 2, 2016
PUBLISHED: December 7, 2016, in the Greeley Tribune