The Denver Post

WESTERN SUGAR HIT WITH BIG FINE

CDPHE deal aimed at cleaning up air, land and water at Fort Morgan facility

- By Bruce Finley

Colorado health officials have settled a dispute with the Western Sugar Cooperativ­e by imposing a $2 million fine for violating state environmen­tal laws.

Colorado health officials have settled a dispute with the Western Sugar Cooperativ­e by imposing a $2 million fine for violating state environmen­tal laws — violations that include odor emissions, unauthoriz­ed spills of fecal coliform and sulfide, and illegal stockpilin­g of waste including coal ash.

The Colorado Department of Public Health and the Environmen­t on Friday afternoon disclosed the fine and terms of a deal designed to clean up operations at Western Sugar’s Fort Morgan factory, northeast of Denver along Interstate 76, where the company produces sugar beets. For more than seven, CDPHE regulators have been negotiatin­g with Western Sugar over requiremen­ts for continued operations.

Western Sugar officials have agreed to:

*Clean up wastewater

* Get rid of the waste stockpiles and, in the future, dispose of waste properly

* Investigat­e possible contaminat­ion of groundwate­r and soil in the Fort Morgan area and correct harm

* Implement an odor control plan and comply with it

* Retrofit existing coal-fired boilers with natural gas burners

* Deposit financial assurance money to guarantee that costs of cleanups will be covered

* Provide funds for a project to improve local water quality

* Accept a suspension of CDPHE environmen­tal permits and licenses if Western Sugar fails to comply with terms of this deal

CDPHE officials said Western Sugar violated multiple laws: Colorado’s Air Pollution Prevention and Control Act, the Water Quality Control Act, and the Solid Wastes Disposal Sites and Facilities Act.

The air pollution violations included excessive emission of odors. Water pollution included discharges in excess of what state regulators allow — pollution that likely contribute­d to odor impacts on people living at Fort Morgan.

Western Sugar put waste in two large stockpiles, visible from I-76, containing coal ash and precipitat­ed calcium carbonate from manufactur­ing at the plant.

“We are encouraged by Western Sugar’s commitment to undertake a significan­t overhaul to bring its Fort Morgan facility into compliance, ” CDPHE environmen­tal programs director Martha Rudolph said in a prepared statement issued by an agency spokesman.

“Each step of the overhaul will proceed along a timeline and, when completed, both the residents of Fort Morgan and the environmen­t will benefit from the improvemen­ts Western Sugar is making.”

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