HomeMy WebLinkAbout1994-09-20 WSB AGENDA1.
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AGENDA
ENGLEWOOD WATER AND SEWER BOARD
September 20, 1994
5:00 p.m.
** CONFERENCE ROOM A **
MINUTES OF THE JULY 12, 1994 WATER & SEWER BOARD.
(Att. 1)
FIRE OF AUGUST 19, 1994 AND RESULTING
NOTICE OF VIOLATION. (ATT. 2)
REBATE ON WATER BILLS.
CITIZENS HAVE EXPRESSED AN INTEREST IN APPEARING
AT THIS MEETING TO REQUEST A REBATE ON THEIR
WATER BILL FOR BOTTLED WATER THAT WAS PURCHASED.
OTHER.
WATER AND SEWER BOARD
MINUTES
JULY 12, 1994
The meeting was called to order at 5:05 p.m.
Chairman Fullerton declared a quorum present.
Members present:
Members absent:
Also present:
Habenicht, Fullerton, Gulley,
Neumann, Otis, Resley,
Vobejda, Wiggins
Lay
Dennis Stowe, Acting Director
of Utilities
Stewart Fonda, Acting City
Manager
l} MINUTES OF THE JUNE 7, 1994 MEETING.
The Englewood Water and Sewer Board Minutes from the June 7,
1994 meeting were approved.
Mr. Vobejda moved:
Ms. Gulley seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the June 7, 1994
Englewood Water and Sewer
Board Minutes.
Habenicht, Fullerton, Gulley,
Neumann, Otis, Resley,
Vobejda, Wiggins
None.
Lay
2) ARAPAHOE ESTATES AGREEMENT REGARDING THE REVERSE
OSMOSIS SYSTEM.
Dennis discussed the draft agreement that was submitted by
Arapahoe Estates for the reverse osmosis system. Dennis is
waiting for correspondence to indicate that the South
Arapahoe Estate's Board had approved the agreement.
3) HILTON SOUTH.
The Board received a copy of a Rocky Mountain News article
titled, "Hilton South in Receivership" as an informational
item. Mr. Wiggins has indicated that Rick DeWitt had told
Council that the Utilities' Department claim would be in a
first position. ·
4) SOUTHGATE SANITATION SUPPLEMENT #124.
A request was made by the Southgate Sanitation .District
representing the owner/developer, Urban Drainage and Flood
Control District, for annexation to the Southgate Sanitation
District. The subject property is approximately 1.0202
acres, and is a portion of the Englewood Darn or Willow
Springs Open Space property. Inclusion of this land does
not increase the tap allocation to the Southgate Sanitation
.District.
Ms. Gulley moved;
Mr. Otis seconded:
Ayes:
Nays:
Members absent:
Motion carried.
5. NUTRI-POD UPDATE.
To recommend Council approval
of Southgate Supplement #124.
Habenicht, Fullerton, Gulley,
Neumann, Otis, Resley,
Vobejda, Wiggins
None.
Lay
Dennis updated the Board on the Nutri-Pod progress in the
washwater reservoir at the Allen Filter Plant. The algae
counts are coming down and were presently at 2,000 -3,000
cells per ml. Stu is considering approaching AWWA and
Denver Water for funds for additional research using Nutri-
Pods.
6. SANTA FE / UNION AVE . PROJECT.
Dennis outlined the Santa Fe Corridor Project at Union
Avenue. The Colorado Dept. of Highways will require
$265,000 to replace the water lines that cross Santa Fe.
Dennis noted that this would be an amended budget item and
would be going to Council.
Ms. Habenicht moved:
Mr. Neumann seconded:
Ayes:
Nays:
Members absent:
Motion carried.
7. WOLHURST.
To recommend Council approval
of the Agreement with the
Colo. Dept. of Transportation
to replace the Englewood water
lines crossing Santa Fe at
Union Avenue for $265,000.
Habenicht, Fullerton, Gulley,
Neumann, Otis, Resley,
Vobejda, Wiggins
None
Lay
Stu noted that the City Attorney's office had negotiated a
settlement with the insurance company, Fire Insurance
Exchange, regarding the Wolhurst claim in the amount of
$5,100.
8. JUNE WATER DEMAND.
Dennis discussed the June water demand. Dennis provided a
graph showing daily peak and daily averages since 1986. Stu
discussed reasons, i ncluding metering, that contributes to
the decreasing June water usage.
9. SHIRLEY HOWARD.
Sheri Gulley recounted her recent positive experience when
she had called in a main break to Shirley Howard at the
Allen Filter Plant. Stu recommended that Shirley be
nominated for the Employee of the Month Award.
The meeting adjourned at 5:50 p.m.
The next Water and Sewer Board meeting will be August 9,
1994 at 5:00 p.m.
STATE OF COLORADO
Roy Romer, Governor
Patricia A. Nolan, MD, MPH, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado •
4300 Cherry Creek Dr. S.
Denver, Colorado 80222-1530
Phone (303) 692-2000
August 24, 1994
Laboratory Bu ilding
421 O E. 11th Avenue
Denver, Colorado 80220-3716
(303) 691-4700
The Corporation Company
Registered Agent for
American Excelsior Company
1675 Broadway, Ste. 1200
Denver, CO 80202
Colorado Department
of Public Health
and Environment
BY HAND DELIVERY: Received by Cy V\.d j Sier~ -U \~too..-.-:
Date B/z-1721 <) ·.o"a...... ~UK
Re: Notice of Potential Violation, Cease and Desist Order, and Clean Up Order
American Excelsior Company
No CDPS Permit
Arapahoe County, Colorado
Dear Sir or Madam:
Enclosed is a signed copy of the Notice of Potential Violation, Cease and Desist Order and Clean
Up Order issued in this matter. The basis for the notice is defined under the Findings of Fact.
Should you have any questions, please contact this office at (303) 692-3590.
Sincerely,
lf.-11 f oJJ,t~
Robert J. Shukle, .Chief
Permits and Enforcement Section
WATER QUALITY CONTROL DIVISION
RS/kk
cc: Amelia Whiting , AGO
Steve Snider, WQCD
EPA, Region VIIl
Local Health Department
BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
DMSION OF ADMINISTRATION
STATE OF COLORADO
NOTICE OF POTENTIAL VIOLATION, CEASE AND DESIST ORDER, AND CLEAN UP
ORDER
IN THE MATTER OF: AMERICAN EXCELSIOR COMP ANY
NO CDPS PERMIT
ARAPAHOE COUNTY, COLORADO
TO: American Excelsior Company
Pursuant to the authority vested in the Division of Administration of the Colorado
Department of Public Health and Environment ("the Division") by 25-8-301 to 308, C.R.S. (1989
Repl. Vol. llA and 1993 Supp.), which authority has been delegated to me by the Executive
Director of the Department, I hereby make the following Findings of Fact and issue the following
Notice of Violation, Cease and Desist Order, and Clean Up Order:
FINDINGS OF FACT
1. American Excelsior Company own s and controls the activities at the property located
at 4755 S . Windermere in Englewood, Arapahoe County, Colorado ("the site").
2. At the site, American Excelsior Company, under the name "Cedar Mountain Mulch
Company ," accepts and processes cedar sh ingles for mulch and ground cover. As part of their
operation, American Excelsior Company stores these shingles in piles at the site.
3. On August 18, 1994, a fire involving these shingles erupted at the site. To extinguish
the fire, fire fighters applied an estimated 15 million gallons of water to the shingle pile over about
21/2 days. Tar paper was also intermixed in thi s pile.
4. Water runoff from the shingle pile on the site discharged into Big Dry Creek, which
borders the site.
5. Big Dry Creek flows into the South Platte River approximately V2 mile downstream of
where the site's discharge entered the creek.
6 ~ The City of Englewood's potable water intake from the South Platte River is
approximately 500 feet downstream of the confluence of Big Dry Creek and the South Platte River.
7. The City of Englewood reported that a change in the taste cif the drinking water occurred
on Friday night, August 19, 1994. The drinking water's taste worsened by Saturday, August 20,
1994. By Sunday, August 21, 1994, Englewood personnel grew concerned that the taste problem
indicated a potential human health impact and issued an advisory to Englewood residents
recommending they not drink their tap water , and warning of potential skin irritation problems.
8. The City of Englewood commenced construction of a berm on Sunday, August 21, 1994,
to prevent water draining from the burnt shingle pile from discharging to Big Dry Creek, thereby
helping to protect their potable water intake from this discharge.
9. Representatives of the Department's Water Quality Control Division inspected the site
on Monday, August 22, 1994. The inspectors observed water ponded in the southwest corner of
the site, less than 50 feet from Big Dry Creek, where it was surficially contained by the berm
constructed by the City of Englewood. Burnt debris was floating in the ponded water. The toe of
the burnt cedar shingle pile was less than 100 feet from Big Dry Creek.
10. Samples collected by Water Quality Control Division personnel on Monday, August 22,
1994, from the ponded water and the City of Englewood's treated water indicated the following
level of pollutants present:
Pollutant Treated Water
#1
4-(1-methylethyl)-Benzoic Acid" 10.60 ug/l
2-methoxy-4-methyl-Phenol" 2.99 ug/l
1-(2 ,5-dimethylphenyl)-Ethanone . 2 .57 ug/l
2,4,6-trichloro-Phenol° 3.63 ug/l
Phenol NI
2-Methylphenol NI
4-Methylphenol NI
2 ,4-Dimethylphenol NI
(1-methylbutyl)-benzene· NI
4-ethyl-2-methoxy-Phenot NI
Eugenol° NI
Vanillin° NI
2-Furanmethanol 0 NI
3-methyl-1,2-Cyclopentanedione . NI
* Denotes tentatively identified compounds
** NI = not identified
Treated Water Ponded Water
#2
6.12 ug/l 960 ug/l
1.60 ug/l Nf0
3.59 ug/l NI
1.56 ug/l NI
NI 1600 ug/l
NI 960 ug/l
NI 2000 ug/l
NI 920 ug/l
NI 800 ug/l
NI 2200 ug/l
NI 1100 ug/l
NI 3400 ug/l
NI 1800 ug/l
NI 1700 ug/l
11. The Colorado Water Quality Control Act, section 25-8-501(1), C.R.S. (1989 Repl. Vol.
. llA and 1993 Supp.), states in pertinent part: "No person shall discharge any pollutant into any
state water from a point source without first having obtained a permit from the Division for such
. discharge. "
12. The American Excelsior .Company property's discharge contains pollutants as defined
by 25-8-103(15), C.R.S. (1989 Repl. Vol. llA and 1993 Supp.).
13. Big Dry Creek and the South Platte River are "state waters" as defined by 25-8-103(19),
C.R.S. (1989 Repl. Vol. llA and 1993 Supp.).
14. The site, including the burnt shingle pile, is a "point source" as defined by 25-8-
103(14), C.R.S. (1989 Repl. Vol. llA and 1993 Supp.).
15. The Colorado Water Quality Control Act, section 25-8-606, C.R.S. (1989 Repl. Vol.
llA and 1993 Supp.), states in pertinent part: "The division may issue orders to any person to
clean up any material which he, his employee, or his agent has accidentally or purposely dumped,
spilled, or otherwise deposited in or near state waters which may pollute them."
16. American Excelsior Company has deposited materials that have polluted and may
continue to pollute state waters.
NOTI CE OF POTENTIAL VIOLATION
You are hereby notified that the facts stated above constitute potential violations of 25-8-
501 (l), C.R.S. (1989 Repl. Vol. 1 lA and 1993 Supp.), which provides in pertinent part: "No
person shall discharge any pollutant into any state water from a point source without first having
obtained a permit from the Division for such discharge."
CEASE AND DESIST ORDER
Based upon the foregoing Findings of Fact, and pursuant to the provisions of 25-8-605,
C.R.S. (1989 Repl. Vol. 1 lA and 1993 Supp.), I hereby order you to:
1. immediately take whatever measures necessary to prevent violating the Colorado Water
Quality Control Act, 25-8-101 to 703, C.R.S. (1989 Repl. Vol. llA and 1993 Supp.), and
regulations promulgated thereto, including averting the discharge of pollutants to Big Dry Creek;
2. submit to the Division, in writing, within five (5) days after receipt of this order, a
statement of your intent to comply herewith;
3. submit to the Division, in writing, within ten (10) days after receipt of this order, a
detailed statement of the measures you have taken or plan to take to achieve immediate and long
term compliance with paragraph 1 of this cease and desist order;
CLEAN UP ORDER
Based upon the foregoing Findings of Fact, and pursuant to the provisions of 25-8-606,
C.R.S. (1989 Repl. Vol. 1 lA and 1993 Supp.), I hereby ord~r you to:
1. submit to the Division, in writing, within ten (10) days after receipt of this order, a plan
for removing and properly disposing of all remaining burnt material and ponded water at the site,
and for monitoring surface runoff water quality to confirm that the material and residues remaining
on the site offer no adverse water quality impacts;
2. begin implemention of the plan outlined in paragraph 1 of this clean up order within
thirty (30) days after receipt of this order;
3. notify the Division of the action taken in paragraph 2 of this clean up order, in writing,
within thirty (30) days after receipt of this order;
4. Complete the removal and proper disposal of all remaining burnt material and ponded
water at the site, and all monitoring, as required in paragraph 1 of this clean up order within sixty
(60) days after receipt of this orde.r; and
5. notify the Division of the action taken in paragraph 4 of this clean up order, in writing,
within sixty (60) days after receipt of this order.
Pursuant to section 25-8-603, C.R.S. (1989 Repl. Vol. l lA and 1993 Supp.), you are
required to submit to the Division an answer admitting or denying each paragraph of the Findings
of Fact and responding to the Notice of Violation. Section 603 also provides that the recipient of
a Notice of Violation may request the Division to conduct a hearing to determine the validity of the
Notice, including the Findings of Fact. Such request shall be filed in writing with the Division.
Both the answer and the request for hearing, if any, shall be filed no later than 30 days after
issuance of this order. The filing of an answer does not constitute a request for hearing. Absent
such a request, the validity of the factual allegations and the Notice of Violation shall be deemed
established in any subsequent proceeding. You are also advised that any person who violates any
provision of any permit issued under 25-8-101 to 703, C.R.S. (1989 Repl. Vol. llA and 1993
Supp.), or any provision of 25-8-101to703, C.R.S. (1989 Repl. Vol. llA and 1993 Supp.) or any
final Cease and· Desist Order or Clean-Up Order shall be subject to a civil penalty of not more than
$10,000 per day for each during which such violation occurs. Further, any person who recklessly,
knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters
commits criminal pollution of state waters if Such discharge is made in violation of any permit
issued under 25-8-101 to 703, C.R.S. (1989 Repl. Vol. 1 lA and 1993 Supp.), or in violation of any .
Cease and Desist Order or Clean-Up Order issued by the · Division. You are further advised that
any person engaged in any operation or activity which results in a spill or discharge of oil or other
substance which may cause · pollution of the waters of the state, shall notify the Division of the
discharge. If said person fails to so notify, said person is guilty of a misdemeanor, and may be
fined or imprisoned or both.
Nothing herein contained, particularly those portions requiring certain acts to be performed
within a certain time, shall be construed as a permit or license, either to violate any provisions of
the public health laws and regulations promulgated thereunder, or to make any discharge into state
waters.
Nothing herein contained shall be construed to preclµde other individuals, cities, towns,
counties, or duly constituted political subdivisions of the state from the exercise of their respective
rights to suppress nuisances or to preclude any other lawful actions by the state.
For further clarification of the rights of recipients of Notices of Violation, including the
potential imposition of penalties and possible criminal liability, you are advised to consult the Water
Quality Control Act, sections 25-8-101 to 703, C.R.S. (1989 Repl. Vol. ·llA and 1993 Supp.)
Issued at Denver, Colorado, this 24th day of August, 1994.
COLORADO DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
Division of Administration