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STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />Martha E. Rudolph, Executive Director <br />Dedicated to protecting and improving the health and environment of the people of Colorado <br />4300 Cherry Creek Dr. S. <br />Denver, Colorado 80246-1530 <br />Phone (303) 692-2000 <br />TDD Line (303) 691-7700 <br />Located in Glendale, Colorado <br />http://www.cdphe.state.co.us <br />April 20, 2010 <br />Laboratory Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 80230-6928 <br />(303) 692-3090 <br />OF' cOC <br />O <br />1876 <br />Colorado Department <br />of Public Health <br />and Environment <br />Mr. Patrick Broda CERTIFIED MAIL # 7007 0220 0001 0162 4284 <br />Broda's Inert Fill Return Receipt Requested <br />P.O. Box 337 <br />Henderson, CO 80604 <br />RE: Compliance Advisory, Broda's Inert Fill -Platt Valley Pit - APR 2 3 2010 <br />Weld County, Colorado Division ®f RmcWTW*M1 <br />and gafetY <br />Dear Mr. Broda: <br />This Compliance Advisory provides notice related to information gained during inspections conducted by the <br />Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division <br />(the "Department") on February 19, 2010 and April 09, 2010. The Department conducted these inspections in <br />response to a complaint of alleged illegal solid waste disposal at the above location, and to determine the <br />property's compliance status relative to the Solid Waste Disposal Sites and Facilities Act, 30-20-100.5, et seq., <br />C.R.S.("the Act"), and the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2; Part 1 ("the <br />Regulations"). The Department advises you that the information gained during the inspection indicates that you <br />may have violated the Act, the Regulations and the approved Closure Plan for the facility. Department personnel <br />will further review the established facts, which may result in a revision to this Compliance Advisory to include <br />additions or clarifications as a result of that review. <br />Please be aware that you are responsible for complying with the Act and Regulations and that there are civil <br />penalties for failing to do so. The issuance of this Compliance Advisory does not limit or preclude the Department <br />from pursuing its enforcement options concerning this inspection including issuance of a Compliance Order <br />and/or seeking an assessment of civil penalties. The Department will take into consideration your response to the <br />requested actions listed below for each cited deficiency in its consideration of enforcement options. <br />Deficiency 1: The owner or operator has accepted and disposed of solid waste without a Certificate of <br />Designation, which violates Sections 102 and 113 of the Act and Sections 1 of the Regulations. <br />Requested Action 1: The owner or operator should immediately cease accepting any and all solid waste at the <br />above referenced location until a Certificate of Designation is obtained from Weld County. All solid waste <br />currently placed upon the former landfill and/or stored within the boundaries of said property should be removed <br />and properly disposed of within thirty (30) calendar days of the receipt of this letter.