HomeMy WebLinkAboutMemo - Mail Packet - 11/30/2021 - Memorandum From Dave Myers And Matt Zoccali Re: November 16, 2021 Agenda Item 16 - Items Related To The Conveyance Of A Restrictive Notice On Portions Of Cathy Fromme Prairie Natural Area In Connectio
1745 Hoffman Mill Road
PO Box 580, Fort Collins, CO 80522-0580
DAVE MYERS / Land Conservation Manager
Natural Areas Department
970-416-8085 /P
dmyers@fcgov.com /E
MEMORANDUM
Date: December 2, 2021
To: Mayor and City Councilmembers
Through: Kelly DiMartino, Interim City Manager
Kyle Stannert, Deputy City Manager
Seve Ghose, Community Services Manager
Zoë Shark, Interim Director, Natural Areas
From: Dave Myers, Land Conservation Manager, Natural Areas
Matt Zoccali, Sr. Manager, Utilities Environmental Regulatory Affairs
CC: Carrie Daggett, City Attorney
Judy Schmidt, Sr. Assistant City Attorney
Subject: November 16, 2021, Agenda Item 16 - Items Related to the Conveyance of a Restrictive
Notice on Portions of Cathy Fromme Prairie Natural Area in connection with Remediation of
Environmental Contamination at the Larimer County Landfill
This memo responds to Council’s request for clarification and reasons for recommending the proposed
level of cleanup for certain contaminants from the Larimer County Landfill on the Cathy Fromme Prairie
Natural Area (“CFP Natural Area”).
Background
The Larimer County Landfill is the subject of enforcement and remedial action by the Colorado
Department of Public Health and Environment (CDPHE) pursuant to the Solid Waste Disposal Sites and
Facilities Act.1 The Landfill site is jointly owned by Fort Collins, Larimer County, and the City of Loveland.
Fort Collins initially operated the Landfill (1965-1974) and Larimer County has operated it since 1975
under an intergovernmental agreement with Fort Collins and Loveland.
Because Fort Collins, Larimer County, and Loveland are joint owners of, operators of, and/or generators
of the waste in the Landfill, each entity may be jointly and severally responsible for remediation (cleanup)
of environmental contamination at and emanating from the Landfill. All three entities entered into an
Intergovernmental Agreement dated December 29, 2020 (the “Remediation IGA”), under which the
County will remediate the contamination in compliance with CDPHE standards and requirements and the
parties will share the costs of such remediation.
Clarification – Cleanup Standards for Contaminants of Concern
The contaminants of concern relevant to this matter are two of six chlorinated volatile organic compounds
(“VOCs)2 to be remediated by the County in accordance with CDPHE standards: vinyl chloride (VC) and
cis-1,2-dichloroethene (cis-1,2-DCE).
1 C.R.S. §§ 30-20-101, et seq.
2 These VOCs include acetone; 1-1-dichloroethane (1,1-DCA); cis-1,2-dichloroethene (cis-1,2-DCE); trans-1,2-
dichloroethene (trans-1,2-DCE); trichloroethene (TCE); and vinyl chloride (VC).
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Mayor and City Councilmembers
December 2, 2021
Page 2 of 2
City of Fort Collins Natural Areas
CDPHE standards for groundwater remediation (cleanup) are set forth in Regulation No. 41 – The Basic
Standards for Groundwater (“Reg 41”).3 Reg 41 sets a range of cleanup standards for VC and cis-1,2-
DCE.4 The first (lower or more stringent) number in the range is a strictly health-based number that is
typically used as the remediation goal for ambient groundwater quality in Colorado. The second (higher
or less stringent) number is the maximum contaminant level established und er the federal Safe Drinking
Water Act, which has been determined to be an acceptable level for public water supplies, taking into
account limitations to treatability and laboratory detection. Under Reg 41, CDPHE can set the protection
level at the higher (or less stringent) number if it determines that using the higher level is consistent with
current and reasonably anticipated future groundwater uses or access to the groundwater is restricted
(e.g., not used for public water supply).5
Larimer County proposed use of the second (higher or less stringent) standard for VC and cis-1,2-DCE,
and CDPHE has determined that the higher protection level may be applied if access to the groundwater
in certain portions of the CFP Natural Area is restricted as set forth in the proposed Notice of
Environmental Restrictions (or Restrictive Notices). The Restrictive Notices will impose such limits on
portions of the CFP Natural Area owned by Fort Collins, Larimer County and Fort Collins jointly, and by
Larimer County, encumbering 15% of the Natural Area (171.5 acres out of a total of 1,154 acres).
Reasons for Recommending Proposed Clean-up Levels for Contaminants of Concern
Staff recommends accepting the higher (less stringent) clean-up standards for VC and cis-1,2-DCE for
the following reasons:
1. Groundwater on the CFP Natural Area parcels subject to the proposed Restrictive Notices is not
part of a public water supply or needed for uses associated with the operation and maintenance
of the Natural Area that would involve human exposure and therefore require cleanup to a lower
(more stringent) level to protect human health.
2. The higher (less stringent) clean-up standard will apply only to VC and cis-1,2-DCE 2, and not to
other contaminants that must be remediated.
3. The activities prohibited by the Restrictive Notices are consistent with and will not have significant
adverse impacts on the current and anticipated operation and maintenance of CFP Natural Area.
4. CDPHE has determined that if activities that may create access or exposure to groundwater are
restricted as set forth in the Restrictive Notices, public health and the environment is sufficiently
protected and consistent with the Reg 41 standards applied in Colorado. While this is CDPHE’s
regulatory responsibility, Staff concurs with CDPHE’s determination.
5. Cleanup to a higher (less stringent) standard is typically less costly and Fort Collins is obligated to
pay 30% of remediation costs in excess of $3M under Remediation IGA with Larimer County and
Loveland.
6. Cleanup of these two contaminants to a higher (less stringent) standard is consistent with the
framework of the agreement set forth in the Remediation IGA if it is approved by CDPHE.
3 5 CCR 1002-41
4 The range of protection values in Reg 41 are 0.023 to 2 micrograms per liter for vinyl chloride and 14 to 70
micrograms per liter for cis-1,2, DCE.
5 See Reg 41, Table A, Note 6.
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