Colorado regulators are accusing a Montezuma County landowner for allowing use of an agricultural field for dumping industrial wastes without a valid access permit.
In a Oct. 30 letter to Wallace Farm and Ranch, 31347 Road S, the Colorado Department of Transportation states: “You have used this access for ingress/egress for tank trucks and dumped bentonite slurry or other waste onto CDOT (Right of Way) and private property.”
The notice of noncompliance to the Wallace Farm and Riley Industrial Services, of Farmington, N.M., states the activity is in violation of state highway access law because the “access appears to serve agricultural property, and the access can only be used for agricultural use.”
A CDOT internal memo, obtained by the Cortez Journal, alleges that Riley Industrial Services illicitly discharged a “likely bentonite slurry mess” on the property, which is located a few miles south of Dolores near Highway 184.
According to the memo, “they were discharging drilling fluids onto the ground,” an illegal dumping activity that also “likely” violates regulations with the Colorado Oil and Gas Conservation Commission and the Colorado Department of Public Health and Environment.
The Oct. 30 CDOT letter orders dumping activity to “immediately cease” or legal action will commence to close the access, potentially by installing barriers.
It goes on to say that operators and landowners may be liable for accidents for failure to comply with State Highway Access law.
Montezuma County Planning Director Susan Carver confirmed that Wallace Farms has not been issued a Special Use Permit or a High Impact Permit from the County and that it is unknown exactly what, if any, violation of regulations outlined in the land use code were, or may have been, violated.
“If drilling fluids were disposed of on the property, it would constitute a change in land use from agricultural to a commercial or industrial type activity. Currently, the property is not permitted for disposal of drilling fluids,” she said. “It is my understanding that they are not doing any dumping on the property anymore.”
In a letter to Wallace Farm and Ranch, Carver explains county standards “are designed to ensure that development does not cause significant impacts on other property in the area.”
The office urges that the land use comply with the County Land Use Code and to meet with planners within 10 days to determine if there is a need for any permit requirement or further review by the County.
“At this point, this is only an alleged violation of local land use regulations. We will need to meet with the landowners to determine if the change in land use requires any type of permitting through the county,” Carver said.
Carver noted that there are provisions for certain drilling fluids to be disposed of onto lands, but state regulators must approve the program to insure public and environmental safety.
“The bentonite is not a huge problem, but possible chemicals in the drilling fluid after it has been used – the exploration and production waste – are a concern. Disposal sites must be permitted through the county and other state agencies,” Carver said.
According to the COGCC, spent bentonite from drilling operations is typically transported to an approved disposal facility.
