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20TH JUDICIAL DISTRICT COURT, BOULDER COUNTY, COLORADO 1777 6th Street, Boulder, CO 80302

▲ COURT USE ONLY ▲

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, WATER QUALITY CONTROL DIVISION, PLAINTIFF, V. KEVIN R. EHLRICK AND KRELAE, LLC D/B/A SAN SOUCI MOBILE HOME PARK DEFENDANTS. CYNTHIA H. COFFMAN, Attorney General ELLEN HOWARD KUTZER, Asst. Attorney General* Registration Number: 46019 JERRY W. GOAD, First Asst. Attorney General* Registration Number: 11284 1300 Broadway, 7th Floor Denver, CO 80203 (720) 508-6000 *Counsel of Record

Case No.:

DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT, COUNTERCLAIM, CROSS-CLAIM OR THIRD-PARTY COMPLAINT

1. This cover sheet shall be filed with each pleading containing an initial claim for relief

in every district court civil (CV) case, and shall be served on all parties along with the pleading. It shall not be filed in Domestic Relations (DR), Probate (PR), Water (CW), Juvenile (JA, JR, JD, JV), or Mental Health (MH) cases. Failure to file this cover sheet is not a jurisdictional defect in the pleading but may result in a clerk’s show cause order requiring its filing.

2. Check one of the following:

This case is governed by C.R.C.P.

16.1 because:

• The case is not a class action, domestic relations case, juvenile case, mental

DATE FILED: February 2, 2017 12:19 PM FILING ID: 5D18628142E57 CASE NUMBER: 2017CV30102

health case, probate case, water law case, forcible entry and detainer, C.R.C.P. 106, C.R.C.P. 120, or other similar expedited proceeding; AND

• A monetary judgment over $100,000 is not sought by any party against any other single party.This amount includes attorney fees, penalties, and punitive damages; it excludes interest and costs, as well as the value of any equitable relief sought.

This case is not governed by C.R.C.P. 16.1 because (check ALL

boxes that apply):

The case is a class action, domestic relations case, juvenile case, mental health case, probate case, water law case, forcible entry and detainer, C.R.C.P. 106, C.R.C.P. 120, or other similar expedited proceeding.

A monetary judgment over $100,000 is sought by any party against any

other single party. This amount includes attorney fees, penalties, and punitive damages; it excludes interest and costs, as well as the value of any equitable relief sought.

Another party has previously indicated in a Case Cover Sheet that the

simplified procedure under C.R.C.P. 16.1 does not apply to the case.

NOTE: In any case to which C.R.C.P. 16.1 does not apply, the parties may elect to use the simplified procedure by separately filing a Stipulation to be governed by the rule within 49 days of the at-issue date. See C.R.C.P. 16.1(e). In any case to which C.R.C.P. 16.1 applies, the parties may opt out of the rule by separately filing a Notice to Elect Exclusion (JDF 602) within 35 days of the at-issue date. See C.R.C.P.16.1(d) A Stipulation or Notice with respect to C.R.C.P. 16.1 has been separately filed with the Court, indicating:

C.R.C.P. 16.1 applies to this case.

C.R.C.P. 16.1 does not apply to this case.

3. This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P.

38. (Checking this box is optional.) Date: February 2, 2017 /s/ Ellen Kutzer

Ellen Howard Kutzer #46019

20TH JUDICIAL DISTRICT COURT, BOULDER COUNTY, COLORADO 1777 6th Street, Boulder, CO 80302

▲ COURT USE ONLY ▲

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, WATER QUALITY CONTROL DIVISION, PLAINTIFF, V. KEVIN R. EHRLICK AND KRELAE, LLC D/B/A SAN SOUCI MOBILE HOME PARK DEFENDANTS. CYNTHIA H. COFFMAN, Attorney General ELLEN HOWARD KUTZER, Asst. Attorney General* Registration Number: 46019 JERRY W. GOAD, First Asst. Attorney General* Registration Number: 11284 1300 Broadway, 7th Floor Denver, CO 80203 (720) 508-6000 *Counsel of Record

Case No.:

COMPLAINT FOR MANDATORY INJUNCTION AND PENALTIES

Plaintiff, Colorado Department of Public Health and Environment, Water Quality Control

Division (“the Department”), by Colorado Attorney General Cynthia Coffman and undersigned counsel, makes the following complaint:

JURISDICTION AND VENUE

1. Jurisdiction in the District Court for Boulder County is proper pursuant to§ 25-8-607(2), § 25-8-608(2), and § 25-9-110(5) C.R.S.

2. Venue is proper in the District Court of Boulder County as the violations stated herein

all occurred within Boulder County.


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PARTIES

3. Plaintiff is an agency of the State of Colorado created by statute, authorized and responsible for administering and enforcing the public health laws of the State of Colorado pertaining to regulation of water quality and wastewater operator certification. See § 25-8-302, and §§ 25-8-602 and 605 C.R.S.

4. The Department's principal place of business is 4300 Cherry Creek Drive South,

Glendale, Arapahoe County, Colorado.

5. At all times relevant to the alleged violations identified herein, Krelae, LLC (“Krelae”) was a Colorado limited liability company in good standing, with its principal office located at 410 Centennial Dr., Louisville CO 80027. Records from the Colorado Secretary of State indicate that Krelae registered the trade name San Souci, and has used this name to apply for and obtain a discharge permit as well as in communications with the Department.

6. Krelae, LLC was originally formed through the filing of Articles of Organization with

the Colorado Secretary of State’s Office on July 18, 2002, with Kevin R. Ehrlick and Lori A. Ehrlick named as co-members and co-managers.

7. Kevin R. Ehrlick is the sole responsible corporate officer for Krelae, LLC as it relates

to the San Souci Mobile Home Park. Department records indicate that Kevin R. Ehrlick was first listed as the owner, legal and local contact for San Souci Mobile Home Park and associated wastewater treatment plant on July 9, 2004. As manager of Krelae, LLC, Mr. Ehrlick is the sole point-of-contact for compliance issues related to San Souci Mobile Home Park. Mr. Ehrlick has been responsible for the day-to-day decision-making regarding compliance at the San Souci wastewater treatment plant. Mr. Ehrlick is the individual with the authority/responsibility regarding compliance with the Colorado Water Quality Control Act, its implementing permit regulations and the Colorado Discharge Permit System permit (“CDPS permit”) associated with the Facility.

8. Kevin R. Ehrlick has also served as the wastewater treatment plant operator for the

San Souci Mobile Home Park. Mr. Ehrlick signs all Discharge Monitoring Report (“DMR”) forms required by the CDPS permit and submitted to the Department. Mr. Ehrlick has the control and authority sufficient to affect the operations and pollution discharges from the Facility.

9. Krelae is a “person” as defined under the Water Quality Control Act, § 25-8-103(13),

C.R.S. and its implementing permit regulation, 5 CCR 1002-61, § 61.2(73).

10. Krelae has served as the alter ego of Kevin R. Ehrlick for purposes of compliance with the Water Quality Control Act in all interactions with the Department. Krelae and Kevin R. Ehrlick are hereafter collectively referred to as Defendants.

GENERAL ALLEGATIONS

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11. Krelae owns the San Souci Mobile Home Park which is a mobile home community

with approximately 63 trailers and 150 residents located at 1561 S. Foothills Hwy., in or near the City of Boulder, Boulder County, Colorado.

12. The Defendants operates a wastewater treatment facility (“Facility”) that serves the

mobile home community as part of Defendants’ operation and control over the San Souci Mobile Home Park. The Facility, constructed in 1969, is a Case-Cotter extended aeration package wastewater treatment plant that consists of an aeration basin, a clarifier and a chlorine contact chamber with dechlorination. Historical records indicate that the Facility has the hydraulic capacity to receive and treat 18,000 gallons of domestic wastewater per day and an organic capacity of 60 pounds of BOD5/day. Treated wastewater from the Facility, called effluent, is discharged through outfall 001A to South Boulder Creek.

13. Colorado law prohibits any person from discharging pollutants into state waters

without first obtaining a permit from the Department. § 25-8-501(1), C.R.S. and 5 CCR 1002-61, § 61.3(1)(a). Even properly treated effluent still contains some pollution, so discharging treated wastewater into the South Boulder Creek is considered a discharge of pollutants into state waters, and can only be done in accordance with a Colorado Discharge Permit System (“CDPS”) Permit.

14. The Facility is subject to the CDPS Permit Number COG588000 (the “Permit”),

which is a master general permit that applies to certain small wastewater treatment plants that accept and treat domestic wastewater. Krelae, under the trade name San Souci, obtained authorization to discharge under the Permit via Certification Number COG588101 (the “Certification”). The Permit and Certification authorize the Defendant to discharge effluent to South Boulder Creek, subject to certain terms and conditions. These terms and conditions include, but are not limited to: limitations on the maximum amount of allowable pollution that can be contained in the effluent that is discharged to South Boulder Creek (i.e., effluent limitations); requirements to monitor the quality (pollutant content) of the wastewater flowing into the Facility (i.e., plant influent); requirements to monitor the quality (pollutant content) and quantity of the effluent being discharged from the Outfall 001A into South Boulder Creek; to submit those monitoring results to the Department monthly on a Discharge Monitoring Report form (DMR); and to ensure that the Facility is being properly maintained and operated.

15. Self- reporting through DMRs is a critical component in Colorado’s Discharge Permit

System. The water quality sampling results reported via DMRs informs the Department of the quality of the effluent being discharged into state waters. It is the primary mechanism that alerts permittees and the Department to water quality problems if they are occurring. DMRs also provide the information necessary to assure permittees, the Department, and the public that Colorado’s waterways are not being impaired. Submission of timely, accurate, and complete DMRs is therefore critical.

16. Defendants are required to comply with all the terms and conditions of the Permit and

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Certification in accordance with 5 CCR 1002-61, § 61.8. Violations of such terms and conditions as specified in the Permit or its subsequent amendments may be subject to civil and criminal liability pursuant to §§ 25-8-601 through 25-8-612, C.R.S.

17. South Boulder Creek is “state waters” as defined by § 25-8-103(19), C.R.S. and its

implementing permit regulation, 5 CCR 1002-61, § 61.2(102).

18. Pursuant to § 25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, § 100.9.1(a), no owner of a wastewater treatment facility, such as Defendant, shall allow a wastewater treatment facility to be operated without the direct supervision of an operator-in-responsible-charge certified in a classification equivalent to or higher than the classification of the facility as specified in 5 CCR 1003-2, § 100.9.5.

The 2013 Department Enforcement Actions

19. On April 4, 2013 the Department issued Notice of Violation/Cease and Desist Order

Number DO-130403-1 (the “2013 NOV/CDO”) and Order for Civil Penalty to Krelae for numerous violations of the Water Quality Control Act based on its failure to meet the terms and conditions of the Permit. Specifically, Defendants were cited for failing to submit DMRs to the Department as required by its Permit. The 2013 NOV/CDO required Defendants to implement corrective actions to resolve these violations within 30 days of receipt of the 2013 NOV/CDO. Krelae was also ordered to pay $6,000 for its violations of the Water Quality Control Act. The 2013 NOV/CDO is attached hereto as Exhibit 1.

20. On April 4, 2013, the Department concurrently issued Operator Certification Notice

of Violation, Number OC-130403-1 (“2013 ORC NOV”) to Krelae based on its failure to meet operator certification requirements. Specifically, Krelae was cited for failing to have a certified operator in responsible charge overseeing the Facility as required by 5 CCR 1003-2, § 100.18.5 (effective date June 30, 2012). The 2013 ORC NOV required Defendant to implement corrective actions, specifically to retain the services of an operator-in-responsible charge of the necessary classification to oversee the Facility within 30 days of receipt of the ORC NOV, and to submit proof that it was in compliance with this requirement to the Department. The Department did not issue a civil penalty as part of the ORC NOV. The 2013 ORC NOV is attached hereto as Exhibit 1.

21. Krelae was notified that it was required to submit and answer to the Department

affirming or denying each paragraph of the Findings of Fact and responding to the 2013 NOV/CDO and 2013 ORC NOV within 30 calendar days after receipt. See §§ 25-8-603, and 25-9-110(3), C.R.S. and 5 CCR 1002, § 21.11. Defendants did not respond to the 2013 NOV/CDO or the 2013 ORC NOV within the 30 day timeframe for administrative appeal. Since Defendants did not respond or request an administrative appeal, the validity of the factual allegations in the 2013 NOV/CDO and 2013 ORC NOV were deemed established, and both of these Orders became final agency actions.

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22. Final agency actions are subject to judicial review under § 24-4-106, C.R.S.

23. Defendants did not seek judicial review of the 2013 NOV/CDO and/or the 2013 ORC NOV, thereafter, the 2013 NOV/CDO and 2013 ORC NOV thus became final orders, and violations of Colorado law and regulation cited in those orders are admitted.

24. On July 3, 2013, the Department sent Defendants a Compliance Advisory based on its

failure to respond to the NOV/CDO and ORC NOV as required by § 25-8-603, C.R.S., 5 CCR 1002, § 21.11, and the Orders themselves. The Compliance Advisory also cited the Defendants, Krelae, for failing to pay the civil penalty. The July 2013 Compliance Advisory is hereto attached as Exhibit 2.

25. Payment of the $6,000 Civil Penalty was eventually resolved by the State of Colorado

Collections system. However, Defendants did not respond to the corrective action requirements in paragraph 15-17 of the 2013 NOV/CDO, the corrective action requirements outlined in paragraphs 24-25 of the 2013 ORC NOV, or the July 3, 2013 Compliance Advisory.

The 2015 Department Enforcement Actions

26. On December 4, 2015, the Department issued a second Notice of Violation/Cease and

Desist Order Number DO-151204-1 (the “2015 NOV/CDO”) to Defendants for ongoing violations of the Water Quality Control Act, including failure to meet the terms and conditions of the Permit, failure to comply with a routine water quality monitoring program for nutrients, and failure to comply with the 2013 NOV/CDO. Specifically, Defendants were cited for failure to meet minimum percent removal (i.e., facility treatment effectiveness) requirements, failing to properly monitor and report, failure to submit DMRs to the Department as required, failing to maintain records onsite, failing to adhere to a Permit compliance schedule, failing to respond to Department requests for information, failing to provide a sampling and analysis plan, and failing to comply with the 2013 NOV/CDO. The 2015 NOV/CDO is hereto attached as Exhibit 3.

27. On December 4, 2015, the Department concurrently issued Operator Certification

Notice of Violation, Number OC-151204-1(“2015 ORC NOV”) to Defendants for their continued failure to meet operator certification requirements. Defendants were again cited for failing to have a certified operator in responsible charge overseeing the Facility as required by 5 CCR 1003-2, §100.18.5 (effective date June 30, 2012), and failing to comply with the requirements of the 2013 ORC NOV. Defendant was again ordered to retain the services of an operator-in-responsible charge of the necessary classification to oversee the Facility within 30 days of receipt of the ORC NOV, and to submit proof that it was in compliance with this requirement to the Department. The 2015 ORC NOV is hereto attached as Exhibit 3.

28. Krelae was again notified that it was required to submit and answer to the Department

affirming or denying each paragraph of the Findings of Fact and responding to the 2015 NOV/CDO and 2015 ORC NOV within 30 calendar days after receipt. Defendants did not respond to the 2015 NOV/CDO or the 2015 ORC NOV within the 30 day timeframe for

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administrative appeal. Since Defendants did not respond or request an administrative appeal, the validity of the factual allegations in the 2015 NOV/CDO and 2015 ORC NOV were deemed established, and both of these Orders became final agency actions.

29. Defendants also did not seek judicial review of these orders. The 2015 NOV/CDO and

2015 ORC NOV therefore became final orders, and the violations of Colorado law and regulation cited in those orders were deemed to be admitted by default.

Ongoing Water Quality Violations

30. Since the 2015 NOV/CDO was issued, Defendants failed to respond to any of the

corrective action requirements in paragraphs 66-78 of the Order. 31. Defendants have also continuously failed to comply with the terms and conditions of

its Permit and Certification. Defendant failed to submit DMRs as required by the Permit on at least twenty four (24) separate occasions; failed to submit DMRs timely as required by the Permit on at least eighteen (18) separate occasions; failed to comply with the Compliance Schedule required by its Permit and Certification; failed to respond to the Department’s request for information as required by the Permit; and failed to provide certification of a sampling and analysis plan for nutrients as required by 5 CCR 1002-85, § 85.6(4)(d).

32. Since the 2015 ORC was issued, Defendants have failed to submit evidence to the

Department that it has employed an operator-in-responsible charge as required by 5 CCR 1003-2, § 100.9.5 (effective January 30, 2017) and the Colorado Water Quality Control Act.

33. Defendants continue to discharge effluent from the Facility to South Boulder Creek

without meeting the terms and conditions of its Permit and Certification, the corrective action requirements of the 2013 NOV/CDO or the corrective action requirements of the 2015 NOV/CDO. This action may be contributing unacceptable levels of pollution to the South Boulder Creek in violation of the Water Quality Control Act.

LEGAL AUTHORITY

34. The Department is authorized pursuant to § 25-8-607(1), C.R.S., to request that the Attorney General:

“[B]ring a suit for a temporary restraining order, preliminary injunction, or permanent injunction to prevent any threatened violation of this article or any order, permit, or control regulation issued or promulgated pursuant to this article which violation poses imminent and substantial endangerment to the beneficial uses of state waters and which cannot be timely prevented by a permit modification or permit enforcement action, or any continued violation of this article, or any order, permit, or control regulation issued or promulgated pursuant to this article. In any suit for a violation of an order, the final findings of the Department, after opportunity for a hearing, based upon

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evidence in the record, shall be prima facie evidence of the facts found in such record.” [emphasis supplied].

This section further provides that the, “institution of such injunction proceeding by the Department shall confer upon such court exclusive jurisdiction to determine finally the subject matter of the proceeding….” See § 25-8-607(2), C.R.S.

35. The Department need not meet the common law criteria for an injunction because this action is authorized by special statute. Lloyd A. Fry Roofing Co. v. Dep’t of Health, 553 P.2d 800, 808 (Colo. 1976). Any violation of a regulatory scheme constitutes sufficient injury for injunctive relief. Id.

36. Even though the Department need not demonstrate the common law criteria for an

injunction, the Department has reason to believe that Defendants’ continued operation of the Facility in violation of the Colorado Water Quality Control Act poses a real risk of irreparable harm to human health and the environment. Defendants’ continued failure to submit any information about the quality of the effluent being discharged from its facility into South Boulder Creek limits the Department’s and the public’s awareness of water quality impacts from the discharge. Furthermore, Defendants are continuing to operate the facility without proper supervision by an operator-in-responsible charge with the appropriate training.

37. The Department is authorized pursuant to § 25-8-608, C.R.S. to seek civil penalties

for, “any person who violates any provision of this article or of any permit issued under this article, or any control regulation promulgated pursuant to this article, or any final cease-and-desist order … of not more than ten thousand dollars per day for each day during which such violation occurs.”

FIRST CLAIM FOR RELIEF (Mandatory Injunction Requiring Compliance with the Water Quality Control Act and the

Permit)

38. The allegations in paragraphs 1 through 37 above are re-alleged and incorporated herein by reference.

39. Defendants continue to be in non-compliance with the following Permit requirements:

failure to properly monitor the influent and effluent, failure to submit DMRs, failure to maintain records, failure to adhere to a permit compliance schedule, failure to respond to Department requests for information, failure to provide a sampling and analysis plan, and failure to operate the facility under the direct supervision of an operator-in-responsible-charge certified in a classification equivalent to or higher than the classification of the facility.

40. It is impossible to determine if Defendants are treating wastewater sufficient to meet

the effluent limitations contained in the permit, because Defendants are not submitting DMRs to the Department. Limited water quality sampling information provided in intermittently

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submitted DMRs before December, 2015 show that Defendants violated water quality requirements by failing to meet the percent minimum removal requirement for total suspended solids and biological oxygen demand which indicates the Facility is not properly treating wastewater. The level of wastewater treatment, the pollutant content of the effluent, and the risk to public health and the environment posed by the discharge is still unknown.

41. The Department seeks a mandatory injunction requiring immediate compliance with

the Colorado Water Quality Control Act by requiring Defendants to meet all terms of the Permit upon issuance of the injunction, unless otherwise specified.

SECOND CLAIM FOR RELIEF

(Mandatory Injunction Requiring Compliance with NOV/CDO and ORC NOV)


43. Defendants continues to be in non-compliance with the following requirements from

the 2013 NOV/CDO, the 2015 NOV/CDO, the 2013 ORC NOV and the 2015 ORC NOV: 1) failure to ensure compliance with the Permit terms and conditions; 2) failure to retain the services of an engineer to perform an evaluation of the facility and insure adequate wastewater treatment, to provide confirming retention of the engineer, and submitted a report summarizing the evaluation results to the Department; 3) failure to identify corrective measures that may require site location and design approval pursuant to § 25-8-702, C.R.S. and 5 CCR 1002-22; 4) failure to submit monthly progress reports to the Department; and 5) failure to retain an operator in responsible charge to oversee the Facility.

44. The Department seeks a mandatory injunction against Defendants requiring

compliance with all terms of the 2013 and 2015 NOV/CDO and the 2013 and 2015 ORC NOV within thirty days of the issuance of the injunction, unless otherwise specified.

THIRD CLAIM FOR RELIEF

(Penalties for Failure to Comply with the Permit and the NOV/CDO)


46. Defendants have failed to comply with the Permit and the corrective action

requirements in the 2013 NOV/CDO and 2015 NOV/CDO.

47. Defendants are liable for penalties in an amount not to exceed $10,000.00 per violation per day for each day during which these violations occur in accordance with § 25-8-608 C.R.S.

FOURTH CLAIM FOR RELIEF

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(Penalties for Operating a Wastewater Facility without a Certified Operator)


49. Section 25-9-110(2)(a), C.R.S. prohibits an owner of a domestic wastewater treatment

facility in the state of Colorado to operate a facility without the supervision of a certified operator of the required classification.

50. Defendants continues to operate the the Facility, a domestic wastewater treatment

facility, without the supervision of a certified operator with the proper classification in violation of §25-9-110(2)(a), C.R.S.

51. Defendants are liable for penalties in an amount not to exceed $300 per day for each

day during which these violation occurs in accordance with § 25-9-110(5), C.R.S.

RELIEF REQUESTED

WHEREFORE, for the foregoing reasons Plaintiff prays that this court:

1. Enter an Order for a permanent mandatory injunction requiring Defendants to immediately comply with the Colorado Water Quality Control Act by requiring it to comply with the terms of the Permit.

2. Enter an Order for a permanent mandatory injunction requiring Defendants to

comply, within thirty days of issuance of the injunction unless otherwise specified, with Corrective Action requirements in the NOV/CDO and ORC NOV.

3. Enter an Order assessing penalties against Defendants in an amount not to exceed

$10,000.00 per violation per day for Defendant’s failure to comply with the Permit and the 2013 and 2015 NOV/CDO.

4. Enter an Order assessing penalties against Defendants in an amount not to exceed

$300 per violation per day each day the Defendants operated the domestic wastewater treatment facility without a Certified Operator

5. Grant such other relief as the Court deems just and proper.

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DATED this 2nd day of February, 2017. CYNTHIA COFFMAN Attorney General /s/Ellen Howard Kutzer ELLEN HOWARD KUTZER, 46019*

Assistant Attorney General JERRY W. GOAD, 11284*

First Assistant Attorney General Natural Resources and Environment Section 1300 Broadway, 7th Floor Denver, Colorado 80203 Telephone: (303) 866-5128 FAX: (303) 866-3558

Email: [email protected] [email protected]

*Attorneys of Record PLAINTIFF’S ADDRESS: Colorado Department of Public Health and Environment 4300 Cherry Creek Drive So. Denver, Colo. 80222-1530

STATE OF COLORI\00 John W. Hickenlooper, Governor Christopher E. Urbina, MD, MPH

Executive Director and Chief Medical Officer

Dedicated to protecting and improving the health and environment of the people of Colorado

4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone {303) 692-2000 Denver, Colorado 80230-6928 Located in Glendale, Colorado (303) 692-3090

http://www.cdphe.state.co.us

April 4, 2013

Krelae, LLC d/b/a: San Souci Mobile Home Park Kevin R. Ehrlick 410 Centennial Drive Louisville, CO 80027

Colorado Department of Public Health and Environment

Certified Mail Num ber: 7012 1010 0002 1774 4986

RE: Service of Notice of Violation/Cease and Desist Order, Number : D0-130403-1, and Service of Operator Certification Notice of Violation, Number: OC-130403-1

Dear Kevin R. Ehrlick:

Krelae, LLC is hereby served with the enclosed Notice of Violation I Cease and Desist Order (the "NOV/CDO"). This NOV/CDO is issued by the Colorado Department of Public Health and Environment' s Water Quality Control Division (the "Division") pursuant to the authority given to the Division by §§25-8-602 and 25-8-605, C.R.S. , of the Colorado Water Quality Control Act, (the "Act"). The Division bases this NOV /COO upon fmdings that Krelae, LLC has violated the Act, and/or regulations promulgated pursuant to the Act, as described in the enclosed NOV/CDO.

Pursuant to §25-8-603, C.R.S., Krelae, LLC is required, within thirty (30) calendar days of receipt of this NOV /CDO, to submit to the Division an answer admitting or denying each paragraph of the Findings of Fact and responding to the Notice of Violation.

This action could result in the imposition of civil penalties. The Division is authorized pursuant to §25-8-608, C.R.S. to impose a penalty of$ I 0,000 per day for each day during which such violation occurs. Please be advised that the Division is continuing its investigation into this matter and the Division may identify supplementary violations that warrant amendments to this NOV /CDO or the issuance of additional enforcement actions.

Moreover, Krelae, LLC is hereby served with the enclosed Operator Certification Notice of Violation (the "OCNOV"). This OCNOY is issued by the Division pursuant to the authority given to the Division by §25-9-11 0(3), C.R.S. The Division bases this OCNOY upon findings that Krelae, LLC has violated 5 CCR 1003-2, § 100 ("Regulation 1 00") - Water and Wastewater Facility Operators Certification Requirements - as described in the enclosed OCNOV.


barbara.boyd

Typewritten Text

EXHIBIT 1

Kevin R. Ehrlick. Registered Agent Krelac. LLC d/b/a: an Souci ~lobilc Home Park l'\otice of Violation/Cease and Desist Order and Operator Certification Notice of Violation Page 2 of2

Pursuant to §25-9-11 0(3), C.R.S., Krelae. LLC is required, within thirty (30) calendar days of receipt of this OCNOV, to submit to the Division an answer to each alleged violation.

This operator certification violation could result in the imposition of civil penalties. The Division is authorized pursuant to §25-9-11 0(5), C.R.S., to impose a penalty of up to $300 per day for each day during which such violation occurs. Please be advised that the Division is continuing its investigation into this matter and the Division may identify supplementary violations that warrant amendments to this OCNOV or the issuance of additional enforcement actions.

Should Krelae, LLC desire to discuss the NOV/CDO or the OCNOV with the Division, or if you have any questions regarding NOV/CDO or the OCNOV, please don 't hesitate to contact Aly Moores at (303) 692-3163 or by electronic mail at [email protected]

Sincerely,

Michael Harris, Unit Manager Clean Water Compliance & Enforcement Unit WATER QUALITY CONTROL DIVISION

Enclosure

cc: Enforcement File

ec: Natasha Davis, EPA Region Vlll Boulder County Health Department Michael Beck, Grants and Loans Unit, CDPHE Doug Camrud, Engineering Section, COPHE Kelly Jacques. Field Services Section, CDPHE Erin Scott, Permits Section, COPHE Aly Moores, Compliance & Enforcement Un it, COPHE Tania Watson, Compliance & Enforcement Unit, CDPHE Olive Hofstader, EPA Region VIII Jackie Whelan, Facility Operators Program, CDPHE Barry Cress, DOLA

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

DIVISION OF ADMINISTRATION

WATER QUALITY CONTROL DIVISION

NOTICE OF VIOLATION I CEASE AND DESIST ORDER I ORDER FOR CIVIL PENAL TV

NUMBER: D0-130403-1

IN THE MATTER OF: KRELAE, LLC d/b/a: SAN SOUCI MOBILE HOME PARK CDPS PERMIT NO. COG-588000 CERTIFICATION NO. COG-588101 BOULDER COUNTY, COLORADO

Pursuant to the authority vested in the Colorado Department of Public Health and Environment's (the "Department") Division of Administration by §§25-1-1 09 and 25-8-302, C.R.S., which authority is implemented through the Department' s Water Quality Control Division (the "Division"), and pursuant to §§25-8-602, 25-8-605 and 25-8-608, C.R.S., the Division hereby makes the following Findings of Fact and issues the following Notice of Violation I Cease and Desist Order I Order for Civil Penalty:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. At all times relevant to the violations cited herein, Krelae, LLC was a Colorado limited liability company in good standing and registered to conduct business in the State of Colorado.

2. Krelae, LLC is a "person" as defmed under the Water Quality Control Act, §25-8-103(13), C.R.S. and its implementing permit regulation, 5 CCR 1002-61 , §61.2(73).

3. Krelae, LLC owns and/or operates San Souci Mobile Home Park wastewater treatment facility, located at 1561 S. Foothills Hwy., in or near the City of Boulder, Boulder County, Colorado, (the "Facility").

4. The Facility is subject to the Colorado Discharge Permit System General Permit Number: COG-588000 (the "Permit"). The current Permit became effective on June 1, 2005, and was set to expire on May 31 , 2010, but is currently administratively continued until issuance of a renewal permit. Krelae, LLC, doing business as San Souci Mobile Home Park, obtained authorization to discharge under the Permit via Certification Number: COG-5881 01 (the "Certification").

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5. The Permit and Certification authorizes Krelae, LLC to discharge treated wastewater from the Facility through Outfall 001A into South Boulder Creek. The discharge is subject to the specific effluent limitations and other conditions of the Permit and Certification.

6. South Boulder Creek is "state waters" as defined by §25-8-1 03(19), C.R.S. and its implementing permit regulation, 5 CCR 1002-61, §61.2(1 02).

7. Pursuant to 5 CCR 1002-61, §61.8, Krelae, LLC must comply with all the terms and conditions of the Permit and Certification, and violations of such terms and conditions as specified in the Permit and Certification may be subject to civil and criminal liability pursuant to §§25-8-601 through 25-8-612, C.R.S.

Failure to Submit Discharge Monitoring Reports

8. Pursuant to Part I. C. 1. of the Permit, regardless of whether or not effluent discharge occurs at the Facility, Krelae, LLC is required to monitor influent parameters at specified frequencies and report the results on a Discharge Monitoring Report ("DMR").

9. Pursuant to Part I. C. 2. of the Permit, Krelae, LLC is required to monitor effluent parameters at specified frequencies and report the results on a DMR.

10. Pursuant to Part I. F. 2. of the Permit, Krelae, LLC is required to report all monitoring results on a monthly basis using Division approved DMRs. Krelae, LLC is required to ensure the DMRs are mailed to the Division so that they are received no later than the 28th day of the month following the monitoring period. The Permit specifies that if no discharge occurs during the monitoring period, "No Discharge" shall be reported.

11. Division records establish that Krelae, LLC failed to submit influent DMRs to the Division for monitoring point 3001 at the Facility for the reporting periods of March 2012 through February 2013.

12. Division records establish that Krelae, LLC failed to submit effluent DMRs to the Division for monitoring point 001A at the Facility for the reporting periods of March 2012 through February 2013.

13. Krelae, LLC's failure to submit DMRs to the Division by the 28th day of the month following each monitoring period constitutes violations of Part I. F. 2. of the Permit.

NOTICE OF VIOLATION

14. Based on the foregoing Findings of Fact and Conclusions of Law, you are hereby notified that the Division has determined that Krelae, LLC has violated the following sections of the Permit.

Part I. F. 2. of the Permit which states in part, uMonitoring results shall be summarized for each month and reported on the DMRforms (EPA form 3320-1). The forms shall be mailed to the agencies listed below so that the DMR is received by the agencies no later than the 2/!h day

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of the following month. If no discharge occurs during the reporting period, "No Discharge" shall be reported The DMR forms shall be filled out accurately and completely in accordance with requirements of this permit and the instructions on the forms ... "

REQUIRED CORRECTIVE ACTION

Based upon the foregoing factual and legal determinations and pursuant to §25-8-602 and §25-8-605, C.R.S., Krelae, LLC is hereby ordered to:

15. Cease and desist from all violations of the Colorado Water Quality Control Act, §§25-8-101 through 25-8-803, C.R.S., its implementing regulations promulgated thereto and the Permit.

Furthermore, the Division hereby orders Krelae, LLC to comply with the following specific terms and conditions of this Order:

16. Within thirty (30) calendar days of receipt of this Order, Krelae, LLC shall submit all records of its influent and effluent discharge monitoring at the Facility for all monitoring periods in which DMRs have not been submitted to the Division through the date of this Order. The records shall include all laboratory data reports, all field measurement reports, and all calibration and maintenance records, including all other information required to be retained by Part I. E. 4. of the Permit.

17. Within thirty (30) calendar days of receipt of this Order, Krelae, LLC shall review the requirements of the Permit and Certification with its staff responsible for ensuring compliance with the terms and conditions of the Permit and Certification. The review shall focus on, but not be limited to, 1) the effluent limitations imposed by the Permit and Certification, 2) the effluent and influent monitoring requirements of the Permit and Certification, 3) the record keeping requirements of the Permit and Certification, 4) the reporting requirements of the Permit and Certification, including the instruction for proper completion and submittal of DMRs required by the Permit and Certification, and 5) the noncompliance notification procedures required by the Permit and Certification. Within forty five ( 45) calendar days of receipt of this Order, Krelae, LLC shall submit a written certification to the Division stating that it has completed the review of the Permit and Certification with its responsible staff.

ORDER FOR CIVIL PENALTY

18. Pursuant to §25-8-608(1), C.R.S. any person who violates any provision of the Colorado Water Quality Control Act, or of any permit issued under the Act, or any control regulation promulgated pursuant to the Act, or any final cease and desist order or clean-up order shall be subject to a civil penalty of not more than ten thousand dollars per day for each day during which such violation occurs.

19. Based upon the Findings of Fact and Notice ofViolation above, the Executive Director, through his designee (hereinafter the "Executive Director"), has determined that a civil penalty is appropriate and warranted in this matter. Therefore, the Executive Director hereby imposes a civil penalty in the amount of Six Thousand Dollars ($6,000.00) against Krelae, LLC for the violations cited above.

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The civil penalty was determined in accordance with the procedures outl ined in the Division' s Civil Penalty Policy (May I, 1993). A copy of the civil penalty calculation is attached hereto as Exhibit A and is incorporated herein by reference.

20. If Krelae, LLC does not contest the fmdings and penalty assessment set out above, the civil penalty shall be paid within sixty (60) calendar days of the date of this Notice of Violation I Cease and Desist Order I Order for Civil Penalty. Method of payment shall be by certified or cashier' s check drawn to the order of the "Colorado Department of Public Health and Environment," and delivered to:

Colorado Department of Public Health and Environment Water Quality Control Division I WQCD-CWE-B2 Attention: Aly Moores 4300 Cherry Creek Drive South Denver, Colorado 80246-1530

NOTICES AND SUBMITTALS

For all documents, plans, records, reports and replies required to be submitted by this Notice of Violation I Cease and Desist Order I Order for Civil Penalty, Krelae, LLC shall submit an original and an electronic copy to the Division at the following address:

Colorado Department of Public Health and Environment Water Quality Control Division I WQCD-CWE-B2 Attention: Aly Moores 4300 Cherry Creek Drive South Denver, Colorado 80246-1530

Telephone: (303) 692-3163 Email: [email protected]

For any person submitting documents, plans, records and reports pursuant to this Notice of Violation I Cease and Desist Order I Order for Civil Penalty, that person shall make the following certification with each submittal:

··1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is. to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

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OBLIGATION TO ANSWER AND REQUEST FOR HEARING

Pursuant to §25-8-603, C.R.S. and 5 CCR 1002, §21.11 you are required to submit to the Division an answer affirming or denying each paragraph of the Findings of Fact and responding to the Notice of Violation. The answer shall be filed no later than thirty (30) calendar days after receipt of this action. Section 25-8-603, C.R.S. and 5 CCR 1002, §21.11 also provide that the recipient of a Notice of Violation may request the Division to conduct a public hearing to determine the validity of the Notice, including the Findings of Fact. Such request shall be filed in writing with the Division and include the information specified in 5 CCR 1002, §21.4(B)(2). Absent a request for hearing, the validity of the factual allegations and the Notice of Violation shall be deemed established in any subsequent Department proceeding. The request for hearing, if any, shall be filed no later than thirty (30) calendar days after issuance of this action. The filing of an answer does not constitute a request for hearing.

APPEAL OF CIVIL PENALTY

Pursuant to 5 CCR 1002, §21.12(B) and 5CCR 1002, §21.4(A)(3)(b), an appeal of the determination of the civil penalty by the Executive Director shall be made in writing to the Division. Requests for such an appeal should be made in accordance with 5 CCR 1002, §21.12(B), shall be filed no later than thirty (30) calendar days after issuance of this action and shall include the information specified in 5 CCR 1002, §21.4(B)(2).

FALSIFICATION AND TAMPERING

Be advised, in accord with §25-8-610, C.R.S., that any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the Colorado Water Quality Control Act or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article is guiltY of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

POTENTIAL CRIMINAL PENAL TIES

You are also advised that any person who recklessly, knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters commits criminal pollution if such discharge is made without a permit, if a permit is required by the Act for such discharge, or if such discharge is made in violation of any permit issued under the Act or in violation of any Cease and Desist Order or Cleanup Order issued by the Division. By virtue of issuing this Notice of Violation I Cease and Desist Order I Order for Civil Penalty, the State has not waived its right to bring an action for penalties under §25-8-609, C.R.S, and may bring such action in the future.

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RELEASE OR DISCHARGE NOTIFICATION

Pursuant to §25-8-601, C.R.S., 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.

EFFECT OF ORDER

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 preclude 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 such entities or the State.

For further clarification of your rights and obligations under this Notice of Violation I Cease and Desist Order I Order for Civil Penalty, you are advised to consult the Colorado Water Quality Control Act, §§25-8-101 to 803, C.R.S., and regulations promulgated thereunder, 5 CCR 1002.

Issued at Denver, Colorado, this __ ?_,._g __ day of April2013.

FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

--~&-r-- -Steven H. Gunderson, Director WATER QUALITY CONTROL DIVISION

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Exhibit A

WASTEWATER PENALTY COMPUTATION WORKSHEET

Entity Name: Krelae, LLC d/b/a: San Souci Mobile Home Park

Beneficial Use Classification:

Permit Number: COG-588000 Certification Number: COG-588101

Boulder Creek Basin Segment 4b- Aquatic Life Cold 1, Recreation E, Water Supply, Agriculture

Type ofFacility: Domestic- Minor, Municipal, Mechanical S stem

Flow: 0.018 MGD

Part I - Administrative Violations Penalty Determination

Violation Type Adjustment

Line 1 Delinquent and/or Late DMRs -+/- 0%

Amount in Dollars

$6,000.00

Calculation: Krelae, LLC fa;iled to submit DMRs for monitoring locations OOlA and 3001 by the due date described in the permit for the reporting periods of March 2012 thru February 2013, for a total of 12 monitoring periods and 24 delinquent DMRs.

In accordance with the Water Quality Control Division' s Civil Penalty Policy (May I, 1993), penalties for delinquent, late or improperly completed DMRs will be $250 per DMR if the correctly completed DMR is submitted prior to the issuance of the NOV and $500 per DMR thereafter. In cases where the permittee has been issued a previous NOV for late or incomplete DMRs, or where the Division has a long history of correspondence with the permittee regarding these types of violations, the penalty for each report may be increased by one hundred percent per occurrence. The amount of the increase will be based on the period during which these violations have occurred and the severity of the violations.

In instances where the permittee has failed to complete a DMR because of the unavailability of analytical effluent results, or where all available data have not been reported, the Division will set the penalty as follows:

In situations where a DMR is not submitted (or an incomplete DMR is submitted), the penalty for violations cited in the first NOV will consist of a base penalty per DMR of up to $500 plus the cost of analysis for each missing parameter.

Krelae, LLC Penalty Computation Worksheet Page I of 2

Line2

Line3

Exhibit A

In a conservative effort to calculate the Administrative Penalty for the delinquent DMR violations, the Division has chosen to assess a single $500 penalty per monitoring period as opposed to a $500 penalty for each DMR. Additionally, while a long history of correspondence addressing late and missing DMRs exists, the Division has conservatively decided not to increase the penalty by the allowed 1 00% per occurrence.

12 Monitoring Periods x $500.00 = $6,000.00

Administrative Violation Total I I $6,000.00

Part II- Economic Benefit Consideration Amount in

Dollars Economic Benefit I $0.00

Delinquent and/or Late DMRs: Krelae, LLC avoided the cost of submitting several DMRs. However, the economic benefit of the avoided cost was conservatively determined to be relatively insignificant.

Additionally, Krelae, LLC likely avoided the cost of sampling and analyzing its permit-required influent and effluent parameters. The Division conservatively estimates the cost of obtaining and processing a sample (including collection, paperwork, lab delivery, calculations, etc.) to be $40/sample, and the cost of laboratory analysis for the missing parameters to typically range from $15 to $50 per parameter. However, the Division has conservatively chosen not to include an economic benefit for these avoided costs.

Part III - Final Penalty Amount in

Dollars

l L·ne 4 l Total Civil Penalty: 1 (Line 2 + Line 3) I $6,000.00

Krelae, LLC Penalty Computation Worksheet Page2 of2

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

WATER QUALITY CONTROL DIVISION

OPERATOR CERTIFICATION NOTICE OF VIOLATION

NUMBER: OC-130403-1

IN THE MATTER OF: KRELAE, LLC d/b/a: SAN SOUCI MOBILE HOME PARK PWSID NO. C0-0107702 CDPS PERMIT NO. COG-588000 CERTIFICATION NO. COG-588101 BOULDER COUNTY, COLORADO

Pursuant to the authority vested in the Colorado Department of Public Health and Environment ' s Water Quality Control Division (the "Division") by §25-9-11 0(3) of the Colorado Revised Statutes ("C.R.S."), the Division hereby makes the following findings and issues this Operator Certification Notice of Violation:

GENERAL FINDINGS

1. At all times relevant to the violations cited herein, Krelae, LLC was a Colorado limited liability company in good standing and registered to conduct business in the State of Colorado.

Drinking Water Treatment Facility/Distribution System

2. Krelae, LLC owns San Souci Mobile Home Park and its associated drinking water system located in the vicinity of 1561 S. Foothills Hwy., in or near the City of BouJder, Boulder County, Colorado (the "System").

3. The System is a public water system as defmed by Colorado's drinking water statute, §25-1.5-201(1), C.R.S., and its implementing regulation, 5 CCR 1003-1 , §1.5.2(107).

4. The Public Water System Identification Number ("PWSID") assigned to the System by the Division is PWSID #: CO-O 107702.

5. The System's source of water is groundwater under the direct influence of surface water ("GWUDI"), as defined by 5 CCR 1003-1, § 1.5.2(65).

6. Division records establish that the System serves fewer than 3,300 persons.

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7. The System includes a water treatment facility as defined by the Colorado Water and Wastewater Treatment Facility Operators Act (the "Act") at §25-9-1 02(7), C.R.S., and its implementing regulation, 5 CCR 1003-2, § 1 00.2(32).

8. The System includes a water distribution system as defined by the Act at §25-9-102(6), C.R.S., and its implementing regulation, 5 CCR 1003-2, § 1 00.2(31 ).

9. Pursuant to 5 CCR 1003-2, §100.4.2, the System's water treatment facility is cJassified as "Class D."

10. Pursuant to 5 CCR 1003-2, §100.7.2, the System's distribution system is classified as "Class 1."

Domestic Wastewater Treatment Facility

11. Krelae, LLC owns San Souci Mobile Home Park and its associated wastewater treatment facility, located at 1561 S. Foothills Hwy., in or near the City of Boulder, Boulder County, Colorado, (the "Facility").

12. The Facility is subject to the Colorado Discharge Permit System General Permit Number: COG-588000 (the "Permit"). The current Permit became effective on June 1, 2005, and was set to expire on May 31, 20 10, but is currently administratively continued until issuance of a renewal permit. Krelae, LLC, doing business as San Souci Mobile Home Park, obtained authorization to discharge under the Permit via Certification Number: COG-588101 (the "Certification").

13. The Facility includes a domestic wastewater treatment facility as defined by the Act at §25-9-102(4.5), C.R.S., and its implementing regulation, 5 CCR 1003-2, §100.2(11).

14. Pursuant to 5 CCR 1003-2, §100.5.2, the Facility's domestic wastewater treatment facility is classified as "Class C."

Failure to Have a Certified Operator in Responsible Charge

15. Pursuant to the Act at §25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, §100.18.l(a), no owner of a water treatment facility, water distribution system, wastewater collection system, and/or domestic or industrial wastewater treatment facility shall allow the facility to be operated without the direct supervision of an operator-in-responsible-charge certified in a classification equivalent to or higher than the classification of the facility as specified in 5 CCR 1003-2, §§100.4 through 100.8.

16. In accordance with 5 CCR 1003-2, §100.18.5, Krelae, LLC shall operate the System with an operator-in-responsible-charge certified at or above the Class D Water Treatment and Class 1 Water Distribution certifications.

17. In accordance with 5 CCR 1003-2, §100.18.5, Krelae, LLC shall operate the Facility with an operator-in-responsible-charge certified at or above the Class C Wastewater Treatment certification.

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18. Pursuant to 5 CCR 1003-2, §100.18.4(a), each owner of a water or wastewater facility shall submit in writing to the Division, no later than thirty (30) days following the date the facility is initially placed on-line and thereafter, no later than thirty (30) days after changes to any of the following information:

a. Name, mailing address, phone number, and email address (if available) of the facility representative providing the information;

b. Name, mailing address, phone number, email address (if available) and the classification and expiration of certification of all operator(s)-in-responsible-charge employed by the owner;

c. Identification of the facility or facilities for which each operator-in-responsible-charge employed or contracted by the owner has responsibility;

d. The Public Water System Identification (PWSID) number and the Colorado Discharge Permit System (CDPS) permit or certification number for all facilities listed.

19. Division records to-date establish that Krelae, LLC has failed to provide the Division with information or documents demonstrating that the System is operated under the direct supervision of an operator-in-responsible-charge, certified in a classification equivalent to or higher than Class 1 Water Distribution certification.

20. Division records to-date establish that Krelae, LLC has failed to provide the Division with information or documents demonstrating that the Facility is operated under the direct supervision of an operator-in-responsible-charge, certified in classification equivalent to or higher than Class C Wastewater Treatment.

21. Krelae, LLC's failure to operate its water treatment facility under the supervision of a certified operator with the proper classification constitutes violation(s) of§ 25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, § 100.18.l(a) and§ 100.18.5.

22. Krelae, LLC's failure to operate its water distribution system under the supervision of a certified operator with the proper classification constitutes violation(s) of §25-9-11 0(2)(a), C.R.S., and 5 CCR 1003-2, §100.18.1(a) and §100.18.5.

23. Krelae, LLC's failure to operate its domestic wastewater treatment facility under the supervision of a certified operator with the proper classification constitutes violation(s) of §25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, §100.18.l(a) and §100.18.5.

REQUIRED ACTION

The Division hereby orders the Krelae, LLC to comply with the following specific terms and conditions of this Operator Certification Notice of Violation:

24. Within thirty (30) calendar days from the date of this Notice of Violation, Krelae, LLC shall retain an operator-in-responsible-charge certified in classifications equivalent to or higher than the classifications of the System, and an operator-in-responsible-charge certified in classifications

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equivalent to or higher than the classifications of the Facility as specified m the Water and Wastewater Facility Operators Certification Requirements, 5 CCR 1003-2.

25. Withjn forty-five (45) calendar days from the date of this Notice of Violation, Krelae, LLC shall submit to the Division the information specified in 5 CCR 1003-2, § 1 00. 18.4(a), documenting that the System and the Facility are being operated under the supervision of an operator with the proper certification(s). The attached Contact Information form (for the drinking water System's operator-inresponsible-charge) and Wastewater Operator in Responsible Charge Report form (for the wastewater Facilities' operator-in-responsible charge) may be used to report the required information. (Please note that the System's and/or the Facility's classification(s) may change upon completion of any System/Facility improvements.)


For all documents, plans, records, reports and replies required to be submitted by this Operator Certification Notice of Violation, Krelae, LLC shall submit an original and an electronic copy to the Division at the following address:

Colorado Department of Public Health and Environment Water Quality Control Division I WQCD-CWE-82 Clean Water Compliance and Enforcement Urut Attention: Aly Moores 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Telephone: 303-692-3163 Email: alysia.moores(a),state.co.us

For any person submitting documents, pursuant to this Operator Certification Notice of Violation, that person shall make the following certification with each submittal:

" I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

POTENTIAL CIVIL PENAL TIES

You are also advised that any owner of a water treatment facility, a water distribution system, a domestic or industrial wastewater treatment facility, or a wastewater collection system in the State of Colorado who violates the Act at §25-9-11 0(2), C.R.S., shall be subject to a civil penalty of not more than three hundred dollars ($300) per day for each day during which such violation occurs. By virtue of issuing this Operator

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Certification Notice of Violation, the Department has not waived its right to bring an action for civil penalties under the Act at §25-9-11 0( 5), C.R.S., and may bring such action in the future.

OBLIGATION TO ANSWER AND REQUEST FOR HEARING

Pursuant to the Act at §25-9-110(3), C.R.S., you are required to submit to the Division an answer to each alleged violation. The answer shall be filed no later than thirty (30) calendar days after receipt of this action.

Pursuant to the Act at §25-9-110(4), C.R.S., and 5 CCR 1003-2, §100.21.1, an alleged violator of the Act at §25-9-11 0(2)( a), C.R.S., may request a public hearing to contest the contents of this Notice of Violation. Such request shall be filed in writing with the Division no later than thirty (30) days after service of this action, and shall contain, at a minimum, the information specified in 5 CCR 1003-2, §100.2l.l(a-c). Hearings held pursuant to the Act at §25-9-110(4), C.R.S., shall be conducted before the Colorado Water and Wastewater Facility Operators Certification Board in accordance with §24-4-105, C.R.S. The filing of an answer does not constitute a request for hearing.

Issued at Denver, Colorado, this 1 r-J day of April, 2013.

FOR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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~-Steven H. Gunderson, Director WATER QUALITY CONTROL DIVISION

System Name: PWSID#: -------------------------- ------------------

Contact Information Revision?D Actual date of changes described:

Signature: Date:

System Physical Address (Not Mailing): City: County: State: Zip: --System Phone: Ext: Fax: System E-mail:

Administrative Contact (AC) Name: (The administrative contact is the primary contact person for all Department mail or other communications regarding drinking water compliance)

Mailing Address: City: State: Zip: Phone: Ext: Fax: E-mail: Legally Responsible Water System Owner Name: (The legal owner is an individual, corporation, partnership, association, state or political subdivision thereof, municipality, or other legal entity)

Mailing Address: City: State: Zip: Phone: Ext: Fax: E-mail: Emergency Contact Name: (The emergency contact should be someone the Department can contact in an emergency if the administrative contact is unavailable)

Mailing Address: City: State: Zip: Phone: Ext: Fax: E-mail: Distribution System (DS) Operator Name: (A certified operator designated by the owner to have ultimate responsibility for decisions regarding operational activities)

Operator ID#: (not the certificate number)

Mailing Address: City: State: Zip: Phone: Ext: Fax: E-mail:

DS Operator Signature: Treatment Operator Name: Same as DS? 0 (A certified operator designated by the owner to have ultimate responsibility for decisions regarding operational activities)

Operator ID#: (not the certificate number)

Mailing Address: City: State: Zip: Phone: Ext: Fax:

E-mail: Treatment Operator Signature:

February 2013 Page I of I

Colorado Department of Public Health and Environment WASTEWATER OPERA TOR IN RESPONSIBLE CHARGE REPORT

PLEASE Use Ink or Type

Classification of Treatment Facility: D A

Classification of Collection System: D 1

De 03

Return Fornz To: Facility Operator Certification - WQCD

Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South

Denver, CO 80246-1530

CuRomenS~ved(Pop~atio~: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

D~~up~mitmCmifi~tioo #: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Permit Name: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-

PenmtteeName: --------------~~~~~~~~~~~~~~~~~--~--------------------Telephone: ____________________ _ E-mail:

~~~~~~~~~~~~~~~-------------------

ORC Wastewater Treatment

Operator ID#: WW Cert #: Level: ___ Exp.Date:

Name: WW Cert #: Level: ___ Exp.Date:

Mailing Address:

City, State Zip Code:

Telephone: E-mail:

ORC Signature (Treatment):

ORC Wastewater Collection

Operator ID#: WWCert #: Level: ___ Exp.Date:

Name: WWCert #: Level: ___ Exp.Date:

Mailing Address:

City, State Zip Code:

Telephone: E-mail:

ORC Signature (Collection System):

"1 certify under penalty of law that this document and all attachments were prepued under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is to the best of my knowledge and belief, true, accurate and complete. I am aware that there ue significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

Name (please print): -~~~~~~~~~~~~~~~~~~------------------------------

Position: --------------------------------------------------~~~~~~~~~~~~~-

Authorized Signature: ------------------------------------------------------------~~~~

Date: ~~~~~~~~~~~~~~~~~~--

WW ORC Reporting Form - September 2012 Telephone: 303-692-351 0

PERMITTEE RESPONSIBILITIES

Article 9 of Title 25, C.R.S., requires that every domestic or industrial wastewater treatment facility and collection system be under the supervision of a certified operator, holding a certificate in a class equal to or higher than the class of the facility or system. A permittee who fails to comply with this requirement is subject to a penalty of $300 per day per violation.

"Direct supervision" means that the operator in responsible charge has supervisory responsibility and authority with respect to the operation of the wastewater facility and for the activities and functions of other facility operators.

The operator in responsible charge (ORC) is the person designated by the permitee of a wastewater facility to be the certified operator(s) who has ultimate responsibility for decisions regarding the daily operational activities of the facility that will directly impact the quality and/or quantity of treated wastewater or treated effluent."

There must be a designated operator in responsible charge or another designated operator certified at or above the level of the facility available for all operating shifts. "Available" means that the designated certified operator must either be on-site or must be able to be contacted as needed to make decisions and to initiate appropriate actions in a timely manner.

Section 100.18.4, Regulation 100, requires the owner(s) of each facility or system to formally designate the Operator in Responsible Charge and to report to the Division any changes no later than thirty days following any changes.

STATE OF COLORI\00 John W. Hickenlooper, Governor Karin McGowan

Interim Executive Director

Dedicated to protecting and improving the health and environment of the people of Colorado

4300 Cherry Creek Dr. S. Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver, Colorado 80230-6928 Located in Glendale, Colorado (303) 692-3090

http://www.cdphe.state.co.us

July 3, 2013

Krelae, LLC Kevin R. Ehrlick 410 Centennial Drive Louisville, CO 80027

Colorado Department of Public Health and Environment

Certified Mail Number: 7012 1010 0002 1774 4696

RE: COMPLIANCE ADVISORY- Failure to Respond to Notice of Violation I Cease and Desist Order, Number D0-130403-1, and Operator Certification Notice of Violation, Number: OC-130403-1

Dear Mr. Ehrlick:

Krelae, LLC d/b/a: San Souci Mobile Home Park (the "Krelae, LLC") was issued a Notice of Violation/Cease and Desist Order/Order for Civil Penalty (Number: D0-130403-1) on April 3, 2013 (the "NOV /CDO/OCP"). The NOV /CDO/OCP was issued by the Colorado Department of Public Health and Environment's Water Quality Control Division (the "Division") pursuant to the authority given the Division by §§25-8-602 and 25-8-605 of the Colorado Water Quality Control Act (the "Act"). The Division based the NOV/CDO/OCP upon findings that Krelae, LLC violated the Act and/or a discharge permit issued pursuant to the Act.

Krelae, LLC was also issued an Operator Certification Notice of Violation (Number: OC-130403-1) on April 3, 2013 (the "OCNOV"). The OCNOV was issued by Division pursuant to the authority given the Division by §25-9-110(3) of the Colorado Revised Statutes ("C.R.S.") The Division based the OCNOV upon findings that Krelae, LLC violated §25-9-110(2), C.R.S., and the Water and Wastewater Facility Operators Certification Requirements, 5 CCR 1003-2.

The NOV/CDO/OCP and OCNOV each notified Krelae, LLC of its rights to request public hearings to determine the validity of and/or contest each Notice of Violation. Division records establish that Krelae, LLC did not request a hearing on the NOV/CDO/OCP or OCNOV. As such, the NOV /CDO/OCP and OCNOV are now fully effective and constitute final agency actions.

According to Division records, Krelae, LLC failed to respond to the NOV /CDO/OCP as required by


barbara.boyd

Typewritten Text

EXHIBIT 2

Krelae, LLC d/b/a: San Souci Mobile Home Park Compliance Advisory Page 2 of3

§25-8-603, C.R.S., and 5 CCR 1002, §21.11, and by paragraphs 16 and 17 of the NOV /CDO/OCP and has also failed to respond to the OCNOV as required by §25-9-110(3), C.R.S., and by paragraphs 24 and 25 of the OCNOV. Additionally, Krelae, LLC failed to submit payment of the civil penalty imposed by the NOV/CDO/OCP. As outlined in the NOV/CDO/OCP, Krelae, LLC was required to pay a cibil penalty in the amount of $6,000.00 by June 3, 2013. Therefore, Krelae, LLC is in violation of the NOV/CDO/OCP and OCNOV.

Pursuant to §25-8-608, C.R.S., any person who violates a Cease and Desist Order shall be subject to the imposition of civil penalties. The Division is authorized to impose a penalty of up to $10,000 for each day that Krelae, LLC violates, and continues to violate, the requirements of the NOV /CDO/OCP and OCNOV. To mitigate these ongoing violations, the Division strongly encourages Krelae, LLC to promptly submit the required written responses to the NOV/CDO/OCP, OCNOV and payment of the civil penalty. If the responses are not promptly received, Krelae, LLC may be subject to an escalated enforcement response, which may include additional enforcement actions and/or the imposition of additional penalties. Any information that Krelae, LLC submits will be considered in the Division's review of this matter.

As required by the NOV /CDO/OCP and OCNOV, for all documents, plans, records, reports and replies required to be submitted, Krelae, LLC shall submit an original and an electronic copy to the Division at the following address:

Colorado Department of Public Health and Environment Water Quality Control Division I WQCD-B2-WPC Clean Water Compliance and Enforcement Unit Attention: Aly Moores 4300 Cherry Creek Drive South Denver, CO 80246-1530 E-mail: [email protected] Fax: (303) 782-0390

If Krelae, LLC has any questions, I can be contacted at 303-692-3163 or by electronic mail at [email protected]

Sincerely,

Aly Moores, Enforcement Specialist Clean Water Compliance & Enforcement Water Quality Control Division

cc: Enforcement File

4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe

John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer

December 8, 2015

Kevin R. Ehrlick Krelae, LLC d/b/a San Souci Mobile Home Park Certified Mail Number: 7012 1010 0002 1774 4825 410 Centennial Drive Louisville, CO 80027 RE: Service of Notice of Violation/Cease and Desist Order, Number: DO-151204-1, and

Service of Operator Certification Notice of Violation, Number: OC-151204-1 Dear Mr. Ehrlick: Krelae, LLC is hereby served with the enclosed Notice of Violation / Cease and Desist Order (the “NOV/CDO”). This NOV/CDO is issued by the Colorado Department of Public Health and Environment’s Water Quality Control Division (the "Division") pursuant to the authority given to the Division by §§25-8-602 and 25-8-605, C.R.S., of the Colorado Water Quality Control Act, (the “Act”). The Division bases this NOV/CDO upon findings that Krelae, LLC has violated the Act, and/or regulations promulgated pursuant to the Act and/or a discharge permit, as described in the enclosed NOV/CDO. Pursuant to §25-8-603, C.R.S., Krelae, LLC is required, within thirty (30) calendar days of receipt of this NOV/CDO, to submit to the Division an answer admitting or denying each paragraph of the Findings of Fact and responding to the Notice of Violation. This action could result in the imposition of civil penalties. The Division is authorized pursuant to §25-8-608, C.R.S. to impose a penalty of $10,000 per day for each day during which such violation occurs. Please be advised that the Division is continuing its investigation into this matter and the Division may identify supplementary violations that warrant amendments to this NOV/CDO or the issuance of additional enforcement actions. Additionally, Krelae, LLC is hereby served with the enclosed Operator Certification Notice of Violation (the “OCNOV”). This OCNOV is issued by the Division pursuant to the authority given to the Division by §25-9-110(3), C.R.S., of the Water and Wastewater Facility Operators Certification Statute, (the “Statute”). The Division bases this OCNOV upon findings that Krelae, LLC has violated the Statute and 5 CCR 1003-2, §100, the Water and Wastewater Facility Operators Certification Requirements, as described in the enclosed OCNOV. Pursuant to §25-9-110(3), C.R.S., Krelae, LLC is required, within thirty (30) calendar days of receipt of this OCNOV, to submit to the Division an answer to each alleged violation. This operator certification action could result in the imposition of civil penalties. The Division is authorized pursuant to §25-9-110(5), C.R.S., to impose a penalty of up to $300 per day for each day during which such violation occurs. Please be advised that the Division is

Dedicated to protecting and improving the health and environment of the people of Colorado DATE FILED: February 2, 2017 12:19 PM FILING ID: 5D18628142E57 CASE NUMBER: 2017CV30102

barbara.boyd

Typewritten Text

EXHIBIT 3

4300 Cherry Creek Drive S., Denver, CO 80246-1530 P 303-692-2000 www.colorado.gov/cdphe

John W. Hickenlooper, Governor | Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer

continuing its investigation into this matter and the Division may identify supplementary violations that warrant amendments to this OCNOV or the issuance of additional enforcement actions. Should Krelae, LLC desire to discuss the NOV/CDO or the OCNOV with the Division, or if you have any questions regarding NOV/CDO or the OCNOV, please don’t hesitate to contact Aly Moores at (303) 692-3163 or by electronic mail at [email protected] Sincerely,

Aly Moores, Enforcement Specialist Clean Water Enforcement Unit Water Quality Control Division Enclosure(s) cc: Enforcement File ec: Michael Boeglin, EPA Region VIII Boulder County Health Department Ellen Howard, Attorney General’s Office

Nicole Rowan, Clean Water Section Manager, CDPHE Michael Beck, Grants and Loans Unit, CDPHE Doug Camrud, Engineering Section, CDPHE Kelly Jacques, Field Services Section, CDPHE Janet Kieler, Permits Section, CDPHE

Tania Watson, Compliance Assurance, CDPHE Jackie Whelan, Facility Operators Program, CDPHE

mailto:[email protected]

Krelae, LLC d/b/a: San Souci Mobile Home Park Notice of Violation/Cease and Desist Order Page 1 of 16

WATER QUALITY CONTROL DIVISION _________________________________________________________________________________ NOTICE OF VIOLATION / CEASE AND DESIST ORDER NUMBER: DO-151204-1 _________________________________________________________________________________ IN THE MATTER OF: KRELAE, LLC d/b/a SAN SOUCI MOBILE HOME PARK

CDPS PERMIT NO. COG588000 CERTIFICATION NO. COG588101

BOULDER COUNTY, COLORADO _________________________________________________________________________________ Pursuant to the authority vested in the Colorado Department of Public Health and Environment’s (the “Department”) Division of Administration by §§25-1-109 and 25-8-302, C.R.S., which authority is implemented through the Department’s Water Quality Control Division (the “Division”), and pursuant to §§25-8-602 and 25-8-605, C.R.S., the Division hereby makes the following Findings of Fact and issues the following Notice of Violation / Cease and Desist Order:

FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. At all times relevant to the violations cited herein, Krelae, LLC was a Colorado limited liability

company in good standing and registered to conduct business in the State of Colorado. 2. Krelae, LLC is a “person” as defined under the Water Quality Control Act, §25-8-103(13), C.R.S.

and its implementing permit regulation, 5 CCR 1002-61, §61.2(73). 3. Krelae, LLC owns and/or operates San Souci Mobile Home Park wastewater treatment facility,

located at 1561 S. Foothills Hwy., in or near the City of Boulder, Boulder County, Colorado, and (the “Facility”).

4. The Facility consists of a Case-Cotter extended aeration package plant. The plant consists of an

aeration basin, a clarifier and a chlorine contact chamber with dechlorination. The hydraulic capacity is 0.018 MGD with an organic capacity of 60 lbs BOD5/day. The effluent flow is measured by a 22.5º V-notch weir with a continuous flow recorder and totalizer.

5. The Facility is subject to the Colorado Discharge Permit System General Permit Number:

COG588000 (the “Permit”). During the times relevant to the alleged violations herein, a version of the Permit was effective from June 1, 2005 through May 31, 2010 (the “2005 Permit”). The 2005 Permit was set to expire on May 31, 2010 but was administratively continued until issuance of the current Permit. The current version of the Permit became effective on June 1, 2013, with a minor modification effective June 1, 2014, and is set to expire on May 31, 2018 (the “2013 Permit”).


Krelae, LLC, doing business as San Souci Mobile Home Park, obtained authorization to discharge under the Permit via Certification Number: COG588101 (the “Certification”). The Certification became effective under the 2005 Permit on April 1, 2008, was reissued under the 2013 Permit on June 1, 2013, and remains in effect until May 31, 2018 or until Krelae, LLC inactivates Permit coverage.

6. The Permit and Certification authorize Krelae, LLC to discharge treated wastewater, called

effluent, from the Facility through Outfall 001A into South Boulder Creek. The effluent discharge is subject to the specific effluent limitations and other conditions of the Permit and Certification.

7. South Boulder Creek is “state waters” as defined by §25-8-103(19), C.R.S. and its implementing

permit regulation, 5 CCR 1002-61, §61.2(102).

8. Pursuant to 5 CCR 1002-61, §61.8, Krelae, LLC must comply with all the terms and conditions of the Permit and Certification, and violations of such terms and conditions as specified in the Permit and Certification may be subject to civil and criminal liability pursuant to §§25-8-601 through 25-8-612, C.R.S.

Failure to Meet Minimum Percent Removal Requirements

9. Pursuant to Part I.B.7.a.i. of the 2005 Permit and Part I.B.1. of the 2013 Permit and Certification,

Krelae, LLC must demonstrate the arithmetic mean of the BOD5 and Total Suspended Solids (“TSS”) concentrations in effluent samples collected during the DMR reporting maintains a minimum of eighty five percent (85%) removal for BOD5 and TSS.

10. Krelae, LLC’s DMRs include among other information and data, the following monthly percent

removal summary data, which does not demonstrate a minimum of 85% removal for BOD5 and/or TSS as required by Part I.B.7.a.i. of the 2005 Permit and Part I.B.1. of the 2013 Permit and Certification:

REPORTED EFFLUENT SELF-MONITORING DATA

DISCHARGE MONITORING REPORTING PERIOD

OUTFALL NUMBER SAMPLE MEASUREMENT

BOD5, % REMOVAL MONTHLY MINIMUM REMOVAL REQUIREMENT= 85%

January 1 – January 31, 2014 001A1 79.1%

TSS, % REMOVAL MONTHLY MINIMUM REMOVAL REQUIREMENT= 85%

March 1 – March 31, 2013 001A 80.3

June 1 – June 30, 2013 001A1 78.7

July 1- July 31, 2013 001A1 >80.7

August 1 – August 31, 2013 001A1 81.5


REPORTED EFFLUENT SELF-MONITORING DATA

DISCHARGE MONITORING REPORTING PERIOD

OUTFALL NUMBER SAMPLE MEASUREMENT

TSS, % REMOVAL MONTHLY MINIMUM REMOVAL REQUIREMENT= 85%

October 1 – October 31, 2013 001A1 44.4

November 1 – November 30, 2013 001A1 52.4

December 1 – December 31, 2013 001A1 >44.4

January 1 – January 31, 2014 001A1 40.6

February 1 – February 28, 2014 001A1 >77.6

March 1 – March 31, 2014 001A1 35.29

July 1 – July 31, 2014 001A1 78.8

October 1 – October 31, 2014 001A1 >83.6

11. Krelae, LLC/s failure to demonstrate a monthly minimum removal of 85% for BOD5 and TSS are

violations of Part I.B.7.a.i. of the 2005 Permit and Part I.B.1. of the 2013 Permit and Certification for each month that the minimum removal requirement for either BOD or TSS has been exceeded. Krelae, LLC violated this requirement at least thirteen (13) times between March 1, 2013 and October 31, 2014.

Failure to Properly Monitor and Report

12. Pursuant to Part I.C.1. of the 2005 Permit and Part I.B.6. of the 2013 Permit, Krelae, LLC is

required to monitor influent parameters at specified frequencies and report the results on a Discharge Monitoring Report (“DMR”) in order to obtain an indication to the current influent loading as compared to the approved capacity. This requirement applies regardless of whether or not effluent discharge occurs at the Facility.

13. Pursuant to Part I.C.2. of the 2005 Permit and Part I.B.1. of the 2013 Permit, Krelae, LLC is required to monitor effluent parameters at specified frequencies and report the results to the Division on a DMR in order to obtain an indication of compliance or non-compliance with the effluent limitations specified in Part I.B.7.a. of the 2005 Permit and in Part I.B.2. of the 2013 Permit and Certification.

14. Pursuant to Part I.F.2. of the 2005 Permit and Part I.D.1. of the 2013 Permit, Krelae, LLC is

required to report all monitoring results on a monthly basis using Division approved DMRs or, as allowed by the 2013 Permit, by using the Division’s Net-DMR services. Krelae, LLC is required to ensure the DMRs are received by the Division no later than the 28th day of the month following the monitoring period. The Permit specifies that if no discharge occurs during the monitoring period, “No Discharge” shall be reported.


15. Division records establish that Krelae, LLC failed to submit influent DMRs to the Division for monitoring point 300I at the Facility for the reporting periods of October 2010 through December 2011. This failure to submit influent DMRs constitutes fifteen (15) violations of the Permit.

16. Division records establish that Krelae, LLC failed to submit influent DMRs to the Division for

monitoring point 300I1 at the Facility for the reporting periods of December 2014 through October 2015. This failure to submit influent DMRs constitutes eleven (11) violations of the Permit.

17. Division records establish that Krelae, LLC failed to submit effluent DMRs to the Division for

monitoring point 001A at the Facility for the reporting periods of October 2010 through December 2011. This failure to submit effluent DMRs constitutes fifteen (15) violations of the Permit.

18. Division records establish that Krelae, LLC failed to submit effluent DMRs to the Division for

monitoring point 001A1 at the Facility for the reporting periods of December 2014 through October 2015. This failure to submit influent DMRs constitutes eleven (11) violations of the Permit.

19. Division records, as supplemented by Krelae, LLC’s DMRs, establish that Krelae, LLC failed to

submit the DMR data outlined below, for the following reporting periods and parameters:

DMR Reporting Period Monitoring Point Facility Capacity (% Hydraulic Capacity)

June 1 – June 30, 2013 300I1

July 1 – July 31, 2013 300I1

August 1 – August 31, 2013 300I1

Facility Capacity (% Organic Capacity) June 1 – June 30, 2013 300I1

July 1 – July 31, 2013 300I1

August 1 – August 31, 2013 300I1 This failure to submit all DMR data constitutes six (6) additional violations of the Permit.

20. Krelae, LLC’s failure to monitor all influent and effluent parameters and/or submit complete DMRs to the Division for each reporting period constitutes violations of Part I.C.1 and Part I.C.2. of the 2005 Permit, Part I.B.1. and Part I.B.6. of the 2013 and/or Part I.F.2. of the 2005 Permit and Part I.D.1. of the 2013 Permit.

21. Division records, as supplemented by Krelae, LLC’s DMRs, establish that Krelae, LLC failed to

submit DMRs for monitoring points 001A, 001A1, 300I, and 300I1 by the 28th day of the month following the reporting periods identified in the table below:

DMR Reporting Period DMR Due Date DMR Rcvd Date

September 1 – September 30, 2010 10/28/2010 1/14/2011 January 1 – January 31, 2012 2/28/2012 4/26/2012 February 1 – February 28, 2012 3/28/2012 4/26/2012


DMR Reporting Period DMR Due Date DMR Rcvd Date

May 1 – May 31, 2013 6/28/2013 7/23/2013 July 1 – July 31, 2013 8/28/2013 4/1/2014 August 1 – August 31, 2013 9/28/2013 11/18/2013 September 1 – September 30, 2013 10/28/2013 11/18/2013 October 1 – October 31, 2013 11/28/2013 4/1/2014 November 1 – November 30, 2013 12/28/2013 4/1/2014 December 1 – December 31, 2013 1/28/2014 4/1/2014 January 1 – January 31, 2014 2/28/2014 4/1/2014 February 1 – February 28, 2014 3/28/2014 4/1/2014 March 1 – March 31, 2014 4/28/2014 7/25/2014 April 1 – April 30, 2014 5/28/2014 7/25/2014 May 1 – May 30, 2014 6/28/2014 7/25/2014 July 1 – July 31, 2014 8/28/2014 2/6/2015 September 1 – September 30, 2014 10/28/2014 2/6/2015 October 1 – October 31, 2014 11/28/2014 2/6/2015 November 1 – November 30, 2014 12/28/2014 2/6/2015

In total this failure to submit influent and effluent DMRs timely constitutes thirty eight (38) violations of the Permit.

22. Krelae, LLC’s failure to submit DMRs to the Division by the 28th day of the month following each reporting period constitutes violations of Part I.F.2. of the 2005 Permit and Part I.D.1. of the 2013 Permit.

23. On December 18, 2013, representatives from the Division (the “Inspectors”) conducted an on-site

inspection of the Facility pursuant to the Division’s authority under §25-8-306, C.R.S., to determine Krelae, LLC’s compliance with the Water Quality Control Act and the Permit. During the inspection, the Inspectors interviewed Facility representatives, reviewed Facility records, and performed a physical inspection of the Facility.

24. During the December 18, 2013 inspection a review of all DMRs between January 2009 and October 2013 was conducted. During the inspection the Division conducted a detailed review and comparison between the information on monthly logs and/or bench sheets and DMRs for the month of June 2013. In addition to missing DMR information, it was determined the DMRs reported Total Residual Chlorine (“TRC”) measured at the effluent as “<0.5 mg/L”. Pursuant to Part I.D.5. of the 2013 Permit, in order to ensure a sufficiently sensitive method is utilized in accordance with 40 C.F.R Part 136, a DPD colorimetric method must attain a Practical Quantitation Limit (“PQL”) of 0.10 mg/L or lower, as determined by the State Laboratory and outlined in the Division’s Practical Quantitation Limitation Guidance Document, July 2008. If an adequately sensitive method of detection for TRC was being utilized, then reporting less than 0.5 mg/L does not accurately report the TRC data and is an alleged violation of the Permit. If the method used to detect TRC was not sufficiently sensitive, the data collected does not accurately reflect the presence of TRC and is an alleged violation of the Permit.


25. Krelae, LLC’s failure to demonstrate a sufficiently sensitive detection method in accordance with 40 C.F.R Part 136 and/or failure to accurately complete DMRs constitutes violations of Part I.D.5. and/or Part I.D.1. of the 2013 Permit.

26. Pursuant to Part I.B.1. of the 2013 Permit and Certification, Krelae, LLC is required to measure

effluent flow at outfall 001A.

27. Pursuant to Part I.D.6. of the 2013 Permit, Krelae, LLC is required to establish and maintain records of its sampling and measurements.

28. Pursuant to Part I.C.4. of the 2013 Permit, Krelae, LLC is required to at all times properly operate

and maintain all facilities and systems of treatment and control, which includes effective performance, adequate laboratory and process controls and appropriate quality assurance procedures.

29. Pursuant to Part I.D.7. of the 2013 Permit, Krelae, LLC is required to have effluent flow measuring

and recording devices installed, operational and accurate within ten (10) percent. Additionally, Part I.D.7. of the 2013 Permit requires that Krelae, LLC be able to show proof of the accuracy of any flow measuring device if requested by the Division.

30. During the December 18, 2013 inspection, the Inspectors identified that monitoring required by the

permit had not been adequately conducted and/or documented. The Facility is located in an area impacted by the historic 2013 floods in Boulder County. According to Krelae, LLC, high waters shorted and destroyed electrical equipment for the ultrasonic level transducer used to measure flow at the effluent V-notch weir. As a result, Krelae, LLC was not capable of determining flows. At the time of the inspection, electronic equipment for measuring flow had not been repaired or replaced. Additionally, records for instantaneous flow monitoring were not available.

31. During the December 18, 2013 inspection, the Inspectors identified that Krelae, LLC measures flow

rates with a 22.5º V-notch weir. However, the V-notch weir appeared to have design flaws preventing accurate flow measurement over the typical flow ranges to be expected at the Facility. To ensure the nappe of the wier is aerated and flows freely for proper flow measurement, V-notch wiers generally require at least 0.20 feet of head corresponding to a flow rate of 0.0057 MGD for 22.5º V-notch weirs. In addition, the pool upstream of the wier appeared to have a depth less than twice the maximum head of the V-notch weir expected from the facility’s range of flows. V-notch weirs require the wier crest heights to be greater than twice the height of the maximum head of the wier. Furthermore, it is not clear if the V-notch weir has maintained a 22.5º angle from corrosion and/or scale build up. Flow conversions and calculations for the V-notch weir are strictly angle dependent.

32. During the December 18, 2013 inspection, the Inspectors requested that Krelae, LLC show proof of

the accuracy of the V-notch weir. Krelae, LLC indicated that secondary flow indicators for the effluent flow measurement devices were last calibrated in 2012. A means of verifying the accuracy of the effluent flow rates independent of the V-notch weir was not available at the time of the inspection.

33. Krelae, LLC’s failure to monitor and/or report effluent flow constitutes violations of Part I.B.1 of the 2013 Permit.

34. Krelae, LLC’s failure to collect and maintain records constitutes a violation of Part I.D.6 of the

2013 Permit.


35. Krelae, LLC’s failure to properly operate and maintain its effluent flow measuring device at the Facility and failure to show proof of accuracy of the flow-measuring device constitutes violations of Part I.C.4 and Part I.D.7 of the 2013 Permit.

36. Pursuant to Part I.B.2. of the 2013 Permit and Certification, Krelae, LLC is required to perform

composite sampling for Total Suspended Solids (“TSS”) and Biological Oxygen Demand (“BOD5”) in the influent and effluent of the Facility.

37. Pursuant to Part I.E.1. of the 2013 Permit, a composite sample is a minimum of four (4) grab

samples collected at equally spaced two (2) hour intervals and proportioned according to flow.

38. During the December 18, 2013 inspection, the Inspectors reviewed Krelae, LLC’s methods for routine sampling and identified that Krelae, LLC’s sample collection procedures were not adequate for representative samples or results, as Krelae, LLC collects sample aliquots every half hour for 8 hours and does not proportion according to flow.

39. Krelae, LLC’s failure to properly collect and analyze composite samples for TSS and BOD5

constitutes violations of Part I.B.2. of the 2013 Permit.

Failure to Maintain Records

40. Pursuant to Part I.D.5. of the 2013 Permit, Krelae, LLC is required to ensure all sampling and analytical methods be in accordance with 40 C.F.R. 136.

41. Pursuant to Part I.D.6. of the 2013 Permit, Krelae, LLC is required to establish and maintain sampling records that include: (1) the date, type, exact place, and time of sampling or measurements; (2) the individual(s) who performed the sampling or measurements; (3) the date(s) the analyses were performed; (4) the individual(s) who performed the analysis; (5) the analytical techniques or methods used; and (6) the results of such analyses.

42. During the December 18, 2013 inspection, the Inspectors reviewed Krelae, LLC’s laboratory bench sheets, documentation, and general sampling approach and analytical protocols. Although pH is analyzed by Krelae, LLC on site, Krelae, LLC’s bench sheets and Standard Operating Procedures (“SOPs”) did not include documentation indicating pH samples are analyzed within 15 minutes of sample collection as required in Table II of 40 C.F.R. 136.3.

43. Krelae, LLC’s failure to ensure all sampling and analytical methods are in accordance with 40 C.F.R. Part 136, and/or Krelae, LLC’s failure to establish and maintain complete and adequate records constitutes violations of Part I.D.5 and/or Part I.D.6. of the 2013 Permit.

Failure to Adhere to Permit Compliance Schedule

44. Pursuant to Part I.C.7 of the 2013 Permit, the Certification may contain compliance schedules specific to the Facility. The terms and conditions of the compliance schedule included in the 2013 Certification are listed in the table below:


Code Event Description Due Date

43699 Facility Evaluation Plan

Investigate and submit conclusive information to the Division on the correct Site Approval of the current hydraulic and organic loading for the WWTF. Document either that Site Approval has been previously obtained from the Engineering Section of the Division for the current permitted hydraulic and organic loading, or that the WWTF has been exempted from the need of Site Approval by the Engineering Section of the Division.

01/01/14

06599 Hire Consultant/ Professional Engineer

Submit a letter of notification to the Division that a Colorado licensed engineering consultant has been obtained and is working on obtaining appropriate Site Approval for the WWTF from the Engineering Section of the Division. Unless the correct site approval has been provided to the Division as requested in compliance schedule item (43699) #1 above.

07/01/2014

CS019 Complete Site Approval

Submit a letter of notification to the Division that appropriate Site Approval for the WWTF has been obtained from the Engineering Section of the Division. Unless the correct site approval has been provided to the Division as requested in compliance schedule item (43699) #1 above.

07/01/2015

45. Pursuant to Part I.C.7 of the 2013 Permit and the compliance schedule listed in the Certification,

Krelae, LLC was to have provided conclusive documentation of previous Site Approval or provide sufficient evidence to support the Facility was exempt from the need for Site Approval by January 1, 2014.

46. Division records establish Krelae, LLC failed to submit documentation of previous Site Approval or

evidence of exemption from the need for Site Approval.

47. Pursuant to Part I.C.7 of the 2013 Permit and the compliance schedule listed in the Certification, if documentation establishing previous Site Approval had been attained from the Division or evidence of exemption from the need for Site Approval could not be provided; Krelae, LLC was to have submitted a letter of notification to the Division certifying a Colorado licensed engineering consultant had been obtained and was working on obtaining appropriate Site Approval for the Facility by July 1, 2014.

48. Division records establish Krelae, LLC failed to submit a letter of notification certifying a Colorado

licensed engineering consultant had been obtained.

49. Krelae, LLC’s failure to submit the required compliance schedule reports and/or documentation in order to obtain appropriate Site Approval constitutes violations of Part I.C.7 of the 2013 Permit and Certification.

Failure to Respond to Division Requests for Information

50. Pursuant to Part II.B.3. of the 2013 Permit, Krelae, LLC is required to furnish to the Division any information the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the Permit, or to determine compliance with the Permit.


51. On January 24, 2014, the Division sent Krelae, LLC an inspection report documenting the findings of the December 18, 2013 inspection. The inspection report and accompanying cover letter requested that Krelae, LLC submit a response to the inspection report detailing the corrective actions and estimated timeline for the proposed corrections. The response was requested to be submitted to the Division by February 23, 2014.

52. On April 9, 2014, the Division sent Krelae, LLC a compliance advisory letter notifying Krelae, LLC of

the failure to provide the requested written response to the inspection report. The compliance advisory letter again requested a response from Krelae, LLC to the Division’s inspection report.

53. Division records establish Krelae, LLC failed to submit the requested information.

54. Krelae, LLC’s failure to submit the requested information constitutes violations of Part II.B.3. of

the 2013 Permit.

Failure to Provide Sampling and Analysis Plan

55. Pursuant to 5 CCR 1002-85, §85.6(2)(b), Krelae, LLC is required to develop, implement and document a routine water quality monitoring program for nutrients.

56. Pursuant to 5 CCR 1002-85, §85.6(4)(a) Krelae, LLC is required to document the monitoring

program in a Sampling and Analysis Plan (“SAP”).

57. Pursuant to 5 CCR 1002-85, Section 85.6(4)(d), Krelae, LLC was required to submit to the Division by March 1, 2013 a certification stating the SAP is in place and monitoring is taking place.

58. Division records establish that Krelae, LLC has not submitted a certification stating the SAP has

been developed and monitoring is taking place.

59. Krelae, LLC’s failure to submit a certification of the SAP being developed and implemented constitutes violations of 5 CCR 1002-85, §85.6(4)(d).

Failure to Comply with Notice of Violation/Cease and Desist Order

60. On April 3, 2013, the Division issued Notice of Violation/Cease and Desist Order/Order for Civil Penalty, Number DO-130403-1 (the “2013 NOV/CDO”) to Krelae, LLC. The 2013 NOV/CDO included findings that Krelae, LLC failed to submit DMRs to the Division for monitoring points 001A and 300I for the reporting periods of March 2012 through February 2013. The 2013 NOV/CDO included required corrective actions for Krelae, LLC to undertake, which were included as paragraphs 15-17 of the 2013 NOV/CDO. A copy of the 2013 NOV/CDO is attached hereto as Exhibit A and is incorporated herein by reference.

61. Pursuant to §25-8-603, C.R.S. and 5 CCR 1002, §21.11, Krelae, LLC was required to submit an answer to each alleged violation contained in the 2013 NOV/CDO and was allowed thirty (30) calendar days to file a request for a public hearing to determine the validity of the NOV/CDO. As further outlined in the 2013 NOV/CDO, absent a request for a hearing, the validity of the factual allegations and the 2013 NOV/CDO shall be deemed established in any subsequent proceeding.


62. The Division did not receive a request for a hearing from Krelae, LLC, nor the required answer to the 2013 NOV/CDO. Additionally, the Division did not receive the submittals required by paragraphs 16-17 of NOV/CDO, and Krelae, LLC did not cease and desist from violating the Permit as ordered by paragraph 15 of the 2013 NOV/CDO.

63. Krelae, LLC’s forfeiture of a hearing request constitutes a waiver of its right to hearing, including a

waiver of its right to contest the findings and conclusions set forth in the 2013 NOV/CDO. As such, the 2013 NOV/CDO constitutes a final agency action.

64. Krelae, LLC is in violation of the 2013 NOV/CDO as a result of its failure to submit the required

answer and its failure to comply with the corrective action requirements outlined in paragraphs 15-17 of the 2013 NOV/CDO.

NOTICE OF VIOLATION

65. Based on the foregoing Findings of Fact and Conclusions of Law, you are hereby notified that the

Division has determined that Krelae, LLC has violated the following sections of the Permit. Part I.B.7.a. of the 2005 Permit which states in part: “In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Section 62.4, and the Colorado Discharge Permit System Regulations, Section 61.8(2), the permitted discharge shall not contain effluent parameter concentrations, which exceed the following limitations: . . .” Part I.B.7.a.i. of the 2005 Permit which states in part: “In addition to the concentration limitations for BOD5 indicated above ( . . . ) the arithmetic mean of the BOD5 ( . . . ) concentrations for effluent samples collected during the calendar month shall demonstrate a minimum of eighty-five percent (85%) removal of BOD5 . . .” Part I.B.1. of the 2013 Permit which states in part: “In order to obtain an indication of the probable compliance or non-compliance with the effluent limitations specified in Part I, Section B(9) below, the permittee shall monitor the following effluent parameters at their associated frequencies and sample types, as identified in the certification of this permit. The results are to be reported on the Discharge monitoring Report . . .” ( . . . ) Percentage Removal Requirements (BOD5 and TSS Limitations) – If noted in the limits table(s), the arithmetic mean of the BOD5 and TSS concentrations for effluent samples collected during the DMR reporting period shall demonstrate a minimum of eighty-five percent (85%) removal of BOD5 or CBOD5, and TSS as measured…” Part I.B.2. of the 2013 Permit which states in part: “The following effluent limitations may apply to mechanical domestic wastewater treatment plants, with a design capacity less than 0.25 million gallons per day, as identified in the certification for coverage under ( . . . ) this permit. . . .” Part I.C.1. of the 2005 Permit which states in part: “Regardless of whether or not an effluent discharge occurs and in order to obtain an indication of the current influent loading as compared to the approved capacity specified in the certification and in Part I, Section B.2.; the permittee shall monitor influent parameters at the following required frequencies, as identified in the certification of this permit, the results to be reported on the Discharge Monitoring Report. . . .”


Part I.B.6. of the 2013 Permit which states in part: “Regardless of whether or not an effluent discharge occurs and in order to obtain an indication of the current influent loading as compared to the approved capacity specified in the certification and in Part I.B.; the permittee shall at least monitor the following influent parameters at the required frequencies, as identified in the certification of this permit, the results to be reported on the Discharge Monitoring Report. . . .” Part I.C.2. of the 2005 Permit which states in part: “In order to obtain an indication of the probable compliance or non-compliance with the effluent limitations specified in Part I, Section B.2, the permittee shall monitor effluent parameters at the following required frequencies, as identified in the certification of this permit, the results to be reported on the Discharge Monitoring Report. . . .” Part I.C.4. of the 2013 Permit which states in part: “The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control. . . .” Part I.C.7. of the 2013 Permit which states in part: “A certification under this general permit may contain a compliance schedule if there is a new limitation, or if a limitation becomes more stringent. The terms and conditions of the compliance schedule will be included in the certification under this permit, including dates for submitting specific reports, or for completion of various activities needed to meet the final permit limitations…The specific report or action item is due by the date listed in the compliance schedule.” Part I.F.2. of the 2005 Permit which states in part: “Monitoring results shall be summarized for each month and reported on the Discharge Monitoring Report forms (EPA forms 3320 1). One form shall be mailed to the Water Quality Control Division, as indicated below, so that the DMR is received no later than the 28th day of the following month. If no discharge occurs during the reporting period, "No Discharge" shall be reported. …The Discharge Monitoring Report forms shall be filled out accurately and completely in accordance with the requirements of this permit. . . .” Part I.D.1. of the 2013 Permit which states in part: “…Monitoring results shall be summarized for each calendar month and reported on Division approved discharge monitoring report (DMR) forms (EPA form 3320-1). The permittee must submit these forms either by mail, or by using the Division’s Net-DMR services (when available). DMRs must be received by the Division no later than the 28th day of the month following the monitoring period…If no discharge occurs during the reporting period, “No Discharge” shall be reported on the DMR.” Part I.D.5. of the 2013 Permit which states in part: “The permittee shall install, calibrate, use and maintain monitoring methods and equipment, including biological and indicated pollutant monitoring methods. All sampling shall be performed by the permittee according to specified methods in 40 C.F.R. Part 136…If the analytical method cannot achieve a PQL that is less than or equal to the permit limit, then the method or a more precise method, must achieve a PQL that is less than or equal to the PQL in the table below. . . .” Part I.D.6. of the 2013 Permit which states in part: “The permittee shall establish and maintain records. … The permittee shall retain for a minimum of three (3) years records of all monitoring information, including all original strip chart recordings for continuous monitoring instrumentation, all calibration and maintenance records, copies of all reports required by this permit and records of all data used to complete the application for this permit. . . .”


Part I.D.7 of the 2013 Permit which states in part: “…the permittee must be able to show proof of the accuracy of any flow-measuring device used in obtaining data submitted in the monitoring report. The flow-measuring device must indicate values within ten (10) percent of the actual flow being measured.” Part I.E.1. of the 2013 Permit which states in part: “”Composite” sample is a minimum of four (4) grab samples collected at equally spaced two (2) hour intervals and proportioned according to flow. . . .” Part II.A.8. of the 2005 Permit which states in part: “The permittee shall furnish to the division, within a reasonable time, any information which the division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit.” Part II.B.3. of the 2013 Permit which states in part: “The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Division, upon request, copies of records required to be kept by this permit.” 5 CCR 1002-85.6(d) which states in part: “The permittee shall submit a certification to the Division that the sampling and analysis plan is in place and that monitoring is taking place by March 1, 2013.”

REQUIRED CORRECTIVE ACTION Based upon the foregoing factual and legal determinations and pursuant to §25-8-602 and §25-8-605, C.R.S., Krelae, LLC is hereby ordered to:

66. Cease and desist from all violations of the Colorado Water Quality Control Act, §§25-8-101 through 25-8-803, C.R.S., its implementing regulations promulgated thereto and the Permit.

Furthermore, the Division hereby orders Krelae, LLC to comply with the following specific terms and conditions of this Order:

67. Krelae, LLC shall immediately initiate measures to ensure complete DMRs are submitted to the Division pursuant to the terms and conditions of the 2013 Permit. Within thirty (30) calendar days of receipt of this Order, Krelae, LLC shall submit a written plan and certification to the Division outlining Krelae, LLC’s actions to ensure that DMRs are submitted to the Division accurately and completely by no later than the 28th day of the month following the end of a monitoring period.

68. Within thirty (30) calendar days of receipt of this Order, Krelae, LLC shall submit all records of its influent and effluent discharge monitoring at the Facility for all monitoring periods in which DMRs have not been submitted to the Division through the date of this Order. The records shall include all laboratory data reports, all field measurement reports, and all calibration and maintenance records, including all other information required to be retained by Part I. E. 4. of the 2005 Permit and Part I.D.6. of the 2013 Permit.


69. Krelae, LLC shall immediately initiate measures to ensure a Nutrient Monitoring Program and SAP for the Facility have been developed, implemented and documented in accordance with 5 CCR 1002-85, §§85.6(2)(b) and 85.6(4). Within thirty (30) calendar days of receipt of this Order, Krelae, LLC shall submit a written certification to the Division that a SAP for the Facility is in place and that monitoring is being conducted.

70. Within thirty (30) calendar days of receipt of this Order, Krelae, LLC shall review the requirements

of the Permit and Certification with its staff responsible for ensuring compliance with the terms and conditions of the Permit and Certification. The review shall focus on, but not be limited to, 1) the effluent limitations imposed by the Permit and Certification, 2) the effluent and influent monitoring requirements of the Permit and Certification, 3) the record keeping requirements of the Permit and Certification, 4) the reporting requirements of the Permit and Certification, including the instruction for proper completion and submittal of DMRs required by the Permit and Certification, and 5) the noncompliance notification procedures required by the Permit and Certification. Within forty five (45) calendar days of receipt of this Order, Krelae, LLC shall submit a written certification to the Division stating that it has completed the review of the Permit and Certification with its responsible staff.

71. Within thirty (30) calendar days of receipt of this Order, Krelae, LLC shall retain the services of a

professional engineer registered in the State of Colorado and experienced in domestic wastewater treatment to perform an evaluation of the Facility and recommend measures to ensure adequate treatment is provided such that all 2013 Permit-required effluent limitations are reliably and consistently met at Outfall 001A and that the Facility complies with all other terms and conditions of the 2013 Permit. The evaluation shall include, but not be limited to:

a. An evaluation of the facility to validate the current hydraulic and organic loading capacities in order to obtain appropriate Site Approval;

b. An evaluation of flow measuring devices and other treatment processes to identify any deficiencies in the current Facility design;

c. An evaluation of the Facility’s current operation and maintenance practices to identify any deficiencies that impact the Facility’s ability to comply with effluent limitations, and;

d. An evaluation, recommendation, and plan for upgrades and improvements to ensure the Facility will reliably and consistently achieve compliance with all effluent limitations of the 2013 Permit.

72. Within forty five (45) calendar days of the receipt of this Order, Krelae, LLC shall provide

documentation to the Division that it has retained the services of the qualified individual or entity described in paragraph 71. The documentation shall include at, a minimum, a copy of the individual or entity’s qualifications and a copy of the written contract or agreement for such services, including a copy of the scope of services to be provided.

73. Within ninety (90) calendar days of receipt of this Order, Krelae, LLC shall submit to the Division a report summarizing the results of the engineering evaluation identified in paragraph 71 above. The report shall also include a plan and an aggressive time schedule for the implementation of specific interim and long-term measures that Krelae, LLC will complete to address the deficiencies identified through the evaluation and to ensure the Facility consistently meets effluent limitations and other terms and conditions of the 2013 Permit. This includes a specific plan and time schedule for commencing and completing construction of a treatment expansion and/or upgrades, if


necessary. The submitted plan and time schedule shall become a condition of this Order and Krelae, LLC shall implement the plan and time schedule as submitted unless notified by the Division, in writing, that an alternate plan or time schedule is appropriate. If the Division imposes an alternate plan or time schedule, it shall also become a condition of this Order.

74. In accordance with §25-8-702, C.R.S. and 5 CCR 1002-22, if any of the corrective measures require

additional Division site location and design approval, Krelae, LLC shall timely file a completed site location and/or design approval request as outlined in the Site Location and Design Approval Regulations for Domestic Wastewater Treatment Works, 5 CCR 1002-22 (“Regulation 22”). Krelae, LLC shall not initiate construction until such time as it has obtained the necessary site location and design approval(s) as required by §25-8-702, C.R.S. and 5 CCR 1002-22, or unless otherwise specifically authorized, in writing, by the Division.

75. Krelae, LLC shall submit monthly progress reports to the Division outlining efforts taken to

achieve and maintain compliance with this Order and the Permit and Certification. The first report shall be submitted to the Division on or before March 1, 2016. At a minimum, each report shall outline activities completed in the previous thirty (30) calendar days and planned activities for the next thirty (30) calendar days to remain in compliance with this Order. The monthly progress reports shall be required until the issuance of written notice from the Division indicating that the frequency of the reports may be reduced or the reports are no longer necessary.

76. All documents submitted under this Order shall be under the signature of Krelae, LLC and shall reference both the number of this Order and the number of the paragraph pursuant to which the document is required.

77. If Krelae, LLC becomes aware of any situation or circumstances that cause Krelae, LLC to become

unable to comply with any condition or time schedules set forth by this Order, Krelae, LLC shall provide written notice to the Division within five (5) calendar days of Krelae, LLC becoming aware of such circumstances. Krelae, LLC’s notice shall describe what, if any, impacts will occur on Krelae, LLC’s ability to comply with the Colorado Water Quality Control Act and any impacts on the remaining conditions and/or time schedules specified by this Order, and what steps are being taken to mitigate the impacts.

78. All documents submitted under this Order shall use the same titles as stated in this Order, and

shall reference both the number of this Order and the number of the paragraph pursuant to which the document is required. Within thirty (30) calendar days of receiving Division comments on submitted documents, Krelae, LLC shall revise the submitted document(s) to properly address the Division’s comments and resubmit the document(s) for Division review.

NOTICES AND SUBMITTALS For all documents, plans, records, reports and replies required to be submitted by this Notice of Violation/Cease and Desist Order, Krelae, LLC shall submit an original and an electronic copy to the Division at the following address:

Aly Moores Colorado Department of Public Health and Environment Water Quality Control Division Mail Code: WQCD-CWE-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530


Telephone: (303) 692-3163 Email: [email protected]

For any person submitting documents, plans, records and reports pursuant to this Notice of Violation / Cease and Desist Order, that person shall make the following certification with each submittal:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

OBLIGATION TO ANSWER AND REQUEST FOR HEARING Pursuant to §25-8-603, C.R.S. and 5 CCR 1002, §21.11 you are required to submit to the Division an answer affirming or denying each paragraph of the Findings of Fact and responding to the Notice of Violation. The answer shall be filed no later than thirty (30) calendar days after receipt of this action. Section 25-8-603, C.R.S. and 5 CCR 1002, §21.11 also provide that the recipient of a Notice of Violation may request the Division to conduct a public hearing to determine the validity of the Notice, including the Findings of Fact. Such request shall be filed in writing with the Division and include the information specified in 5 CCR 1002, §21.4(B)(2). Absent a request for hearing, the validity of the factual allegations and the Notice of Violation shall be deemed established in any subsequent Department proceeding. The request for hearing, if any, shall be filed no later than thirty (30) calendar days after issuance of this action. The filing of an answer does not constitute a request for hearing.

FALSIFICATION AND TAMPERING Be advised, in accord with §25-8-610, C.R.S., that any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the Colorado Water Quality Control Act or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

POTENTIAL CIVIL AND CRIMINAL PENALTIES You are also advised that any person who violates any provision of the Colorado Water Quality Control Act (the “Act”), §§25-8-101 to 803, C.R.S., or of any permit issued under the Act, or any control regulation promulgated pursuant to the Act, or any final cease and desist order or clean-up order issued by the Division shall be subject to a civil penalty of not more than ten thousand dollars per day for each day during which such violation occurs. Further, any person who recklessly, knowingly, intentionally, or with criminal negligence discharges any pollutant into any state waters commits


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Krelae, LLC d/b/a: San Souci Mobile Home Park Operator Certification Notice of Violation Page 1 of 4

WATER QUALITY CONTROL DIVISION _______________________________________________________________________________ OPERATOR CERTIFICATION NOTICE OF VIOLATION NUMBER: OC-151204-1 _______________________________________________________________________________ IN THE MATTER OF: KRELAE, LLC d/b/a SAN SOUCI MOBILE HOME PARK CDPS PERMIT NO. COG588000

CERTIFICATION NO. COG588101 BOULDER COUNTY, COLORADO _______________________________________________________________________________ Pursuant to the authority vested in the Colorado Department of Public Health and Environment’s Water Quality Control Division (the “Division”) by §25-9-110(3), C.R.S., the Division hereby makes the following findings and issues this Operator Certification Notice of Violation:

GENERAL FINDINGS 1. At all times relevant to the violations cited herein, Krelae, LLC was a Colorado limited liability

company in good standing and registered to conduct business in the State of Colorado.

2. Krelae, LLC owns San Souci Mobile Home Park and its associated wastewater treatment facility, located at 1561 S. Foothills Hwy., in or near the City of Boulder, Boulder County, Colorado, (the “Facility”).

3. The Facility is subject to the Colorado Discharge Permit System General Permit Number:

COG588000 (the “Permit”). The current Permit became effective on June 1, 2013. Krelae, LLC, doing business as San Souci Mobile Home Park, obtained authorization to discharge under the Permit via Certification Number: COG588101 (the “Certification”).

4. The Facility includes a domestic wastewater treatment facility as defined by the Act at §25-9-

102(4.5), C.R.S., and its implementing regulation, 5 CCR 1003-2, §100.2(11).

5. Pursuant to 5 CCR 1003-2, §100.5.2, the Facility’s domestic wastewater treatment facility is classified as “Class C.”

Failure to Have a Certified Operator in Responsible Charge

6. Pursuant to §25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, §100.18.1(a), no owner of a wastewater

collection system and/or domestic or industrial wastewater treatment facility shall allow the facility to be operated without the direct supervision of an operator-in-responsible-charge certified in a classification equivalent to or higher than the classification of the facility as specified in 5 CCR 1003-2, §§100.4 through 100.8.


7. In accordance with 5 CCR 1003-2, §100.18.5, Krelae, LLC shall operate the Facility with an

operator-in-responsible-charge certified at or above the Class C Wastewater Treatment certification.

8. Pursuant to 5 CCR 1003-2, §100.18.4(a), each owner of a wastewater facility shall submit in

writing to the Division, no later than thirty (30) days following the date the facility is initially placed on-line and, thereafter, no later than thirty (30) days after changes to any of the following information:

a. Name, mailing address, phone number, and email address (if available) of the facility representative providing the information;

b. Name, mailing address, phone number, email address (if available) and the classification and expiration of certification of all operator(s)-in-responsible-charge employed by the owner;

c. Identification of the facility or facilities for which each operator-in-responsible-charge employed or contracted by the owner has responsibility;

d. The Colorado Discharge Permit System (CDPS) permit or certification number for all facilities listed.

9. On December 18, 2013, representatives from the Division conducted an on-site inspection of the

Facility pursuant to the Division’s authority under §25-8-306, C.R.S.

10. During the December 18, 2013 inspection, it was determined that Krelae, LLC did not have a certified operator with adequate certification. The Facility requires a Class C operator for treatment. At the time of the inspection the operator-in-responsible-charge held only a Wastewater Treatment Class D certification, which does not meet the certification level required by 5 CCR 1003-2, §100.18.5.

11. Division records establish that Krelae, LLC has failed to provide the Division with information or documents demonstrating that the Facility is operated under the direct supervision of an operator-in-responsible-charge, certified in classification equivalent to or higher than Class C Wastewater Treatment.

12. Krelae, LLC’s failure to operate its domestic wastewater treatment facility under the supervision

of a certified operator with the proper classification constitutes violation(s) of §25-9-110(2)(a), C.R.S., and 5 CCR 1003-2, §100.18.1(a) and §100.18.5.

Failure to Comply with Operator Certification Notice of Violation

13. On April 3, 2013, the Division issued Operator Certification Notice of Violation, Number OC-130403-1 (the “2013 OCNOV”) to Krelae, LLC. The 2013 OCNOV included findings that Krelae, LLC failed to operate its domestic wastewater treatment facility under the supervision of a certified operator with proper classification.The 2013 OCNOV included required corrective actions for Krelae, LLC to undertake, which were included as paragraphs 24-25 of the 2013 OCNOV. A copy of the 2013 OCNOV is attached hereto as Exhibit A and is incorporated herein by reference.

14. Pursuant to §25-9-110(3), C.R.S., Krelae, LLC was required to submit an answer to each alleged

violation contained in the 2013 OCNOV no later than thirty (30) calendar days after receipt of the action.


15. Pursuant to §25-9-110(4), C.R.S., and 5 CCR 1003-2, §100.21.1, Krelae, LLC was allowed thirty (30) calendar days to file a request for a public hearing to determine the validity of the OCNOV. As further outlined in the 2013 OCNOV, absent a request for a hearing, the validity of the factual allegations and the 2013 OCNOV shall be deemed established in any subsequent proceeding.

16. The Division did not receive a request for a hearing from Krelae, LLC, nor the required answer to

the 2013 OCNOV. Additionally, the Division did not receive the submittals required by paragraphs 24-25 of OCNOV.

17. Krelae, LLC’s forfeiture of a hearing request constitutes a waiver of its right to hearing, including

a waiver of its right to contest the findings and conclusions set forth in the 2013 OCNOV. As such, the 2013 OCNOV constitutes a final agency action.

18. Krelae, LLC is in violation of the 2013 OCNOV as a result of its failure to submit the required

answer and its failure to comply with the corrective action requirements outlined in paragraphs 24-25 of the 2013 OCNOV.

REQUIRED ACTION

The Division hereby orders the Krelae, LLC to comply with the following specific terms and conditions of this Operator Certification Notice of Violation: 19. Within thirty (30) calendar days from the date of this Notice of Violation, Krelae, LLC shall retain

an operator-in-responsible-charge certified in classifications equivalent to or higher than the classifications of the Facility as specified in the Water and Wastewater Facility Operators Certification Requirements, 5 CCR 1003-2.

20. Within forty-five (45) calendar days from the date of this Notice of Violation, Krelae, LLC shall submit to the Division the information specified in 5 CCR 1003-2, §100.18.4, documenting that the Facility is being operated under the supervision of an operator with the proper certification(s). The attached Wastewater Operator in Responsible Charge Report may be used to report the required information. (Please note that the Facility’s classification(s) may change upon completion of any Facility improvements.)


For all documents, plans, records, reports and replies required to be submitted by this Operator Certification Notice of Violation, Krelae, LLC shall submit an original and an electronic copy to the Division at the following address:

Aly Moores Colorado Department of Public Health and Environment Water Quality Control Division Mail Code: WQCD-CWE-B2 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 Telephone: 303-692-3163 Email: [email protected]

For any person submitting documents, pursuant to this Operator Certification Notice of Violation, that person shall make the following certification with each submittal:


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