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STATE OF COLORADO <br />Bill Owens, Governor <br />Douglas H. Benevento, 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 />httpVAvww.cdphe.state.co.us <br />August 15, 2003 <br />Laboratory Services Division <br />8100 Lowry Blvd. <br />Denver, Colorado 80230 -6928 <br />(303) 692 -3090 <br />Keith Holder <br />Fruita Marketing and Management Inc. <br />140 North Mesa <br />Fruita, CO 81521 <br />�� of cow <br />c <br />y O <br />1876 <br />Colorado Department <br />of Public Health <br />and-Enviro=ent <br />CERTIFIED MAIL NO. 700a-"l <br />- Qool -old - �Sf4�s" <br />Return Receipt Requested <br />Mr. Chris Hawley CERTIFIED MAIL NO. yUO� -a�l�o —U0 °/• 0/ -� /d <br />Environmental Manager Return Receipt Requested <br />Wynnewood Refining Company <br />P.O. Box 305 <br />Wynnewood, Oklahoma 73908 <br />RE: Determinations Regarding Closure and Post - Closure Requirements for Land -Based Units at the <br />Former Fruita Refinery and Amendment of Compliance Order No. 98- 06- 05 -01, Fruita <br />Marketing and Management Inc., Fruita, CO 81521; COD983774654 and Western Slope <br />Refining Company, Fruita, CO 81521; COD067315390 <br />Dear Mr. Holder and Mr. Hawley: <br />Recently, Fruita Marketing and Management Inc. (FMM) and Western Slope Refining Co. (WSR) <br />completed a transaction involving the transfer of ownership of portions of the Former Fruita Refinery <br />property (the I Purchased Land Transaction) from WSR to FMM. One of the terms of the Purchased <br />Land Transaction was that FMM assumed responsibility for the completion of the outstanding Colorado <br />Hazardous Waste Act (CHWA) CHWA Closure activities at Waste Pile Number 4 and the Acid Sludge <br />Impoundment. For the purposes of CHWA Closure at the Former Fruita Refinery, Waste Pile Number 4 <br />is considered to include: the former Waste Pile Number 4 itself (the former waste pile), the API <br />Separator Pond, the Long Pond, Oxidation Pond Nos. 1 through 3 and the Land Treatment-Area. Note <br />that all of the components of Waste Pile Number 4 except the Land Treatment Area are located on land <br />owned by FMM prior to the Purchased Land Transaction but considered the responsibility of WSR to <br />CHWA close under the latest modification to WSR's Resource Conservation and Recovery Act Waste <br />Pile Number 4 Closure Plan (Approved WP4 Closure Plan) that was approved by the Division on <br />September 6, 2002. <br />This correspondence describes the determinations made by the Colorado Department of Public Health <br />and Environment, Hazardous Materials and Waste Management Division (the Division) with respect to <br />the Purchased Land Transaction and the completion of the CHWA Closure requirements for Waste Pile <br />Number 4 and the Acid Sludge Impoundments at the Former Fruita Refinery. <br />